Copyright Concept

CONCEPT OF COPYRIGHT

To Every Cow, Her Calf; Therefore To Every Author His/Her Copy!

ü  The concept of copyright originated with this slogan by Irish King Diarmid in 6th century A.D.

ü  Copyright evolved as a result of the invention of printing which revolutionized the techniques of reproduction.

ü  New technology made possible easy copying of any original work.

ü  The concept behind copyright is that creators of literary works have rights of ownership in their works, & those rights should be legally protected to prevent unlawful reproduction of their works.

Definition

ü  Copyright is a legal term describing rights given to creators for their literary and artistic works. – WIPO

ü  Copyright is the exclusive legal right to the publication, sale etc. of a literary or artistic work. – Dictionary Definition

ü  Copyright is a form of protection provided by the laws of any country to the authors of “original works of authorship”.

Purpose:

The major purpose of the copyright system are:

(i) to encourage talented persons to produce creative works.

(ii) to provide incentives for the dissemination of those works.

Copyright Protection

ü  Copyright protects "original works of authorship" that are fixed in a tangible form of expression.

ü  Copyrightable works include the following categories:

1. Original literary works

2. musical works, including any accompanying works

3. dramatic works, including any accompanying music

4. pantomimes & choreographic works

5. pictorial, graphic, & sculptural works

6. motion pictures & other audiovisual works

7. sound recordings

8. architectural works

 Features

The original creators of works protected by copyright, and their heirs, have certain basic rights:

ü  They hold the exclusive right to use or authorize others to use the work on agreed terms.

ü  The creator of a work can prohibit or authorize:

      its reproduction in various forms, such as printed publication or sound recording;

      its public performance, as in a play or musical work;

      recordings of it, for example, in the form of compact discs, cassettes or videotapes;

      its broadcasting, by radio, cable or satellite;

      its translation into other languages, or its adaptation, such as a novel into a screenplay.

ü    Copyright protection also includes some moral rights,

      right to claim authorship of a work

      right to oppose changes to it

ü    The creator/owner of the copyright in a work, can enforce his rights in the courts,

      by inspection of premises for evidence of production or

      possession of illegally made "pirated" goods related to protected works.

ü    The owner may obtain court orders to stop such activities & can seek damages for loss of financial rewards and recognition.

Term of copyright

ü  The general rule is that copyright lasts for 60 years.

ü  In case of original literary, dramatic, musical and artistic works, it is counted from the year following the death of the author.

ü  In case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government & works of international organizations, it is counted from the date of publication.

ü  This limit enables both creators and their heirs to benefit financially for a reasonable period of time.

Copyright Notice

A copyright notice generally consists of:

ü  The word ‘copyright’/ the abbreviation ‘copr.’/ copyright symbol ©

ü  The year in which the work was first published

ü  The name of the copyright owner

Example:

ü  Copyright  2006, ABC Ltd

ü  Copyright © 1997 by Donald Hearn 

Requirements for copyright

1. Fixation

The ideas must be fixed in some tangible medium of expression.

2. Originality

A fixed expression of ideas is protected by copyright if and only if it is original.

3. Minimal creativity

            Minimal level of creativity is  required.