A hand book of copyright law

Why Have a Copyright Law? Does an assignment lapse automatically?

Gov copyright

If someone wrongfully uses the material covered by the copyright, the copyright owner can sue and obtain compensation for any losses suffered. What will be the territorial extent of the assignment if not specified in the assignment? Who is the owner of copyright in the work of a public undertaking? In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. Copyright Office to be protected by copyright. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. An author who wins an infringement suit can stop any further infringement, get infringing copies destroyed, obtain damages from the infringer—often the amount of any profits obtained from the infringement—and recover other monetary losses. When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works. This means in effect that an author can make a copyright pirate restore the author to the same economic position as if the infringement had never occurred. What is the scope of protection in the Copyright Act,? In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. There is a Copyright Board to adjudicate certain cases pertaining to copyright.

However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.

How Is a Copyright Created and Protected? The Board has the power to: hear appeals against the orders of the Registrar of Copyright; hear applications for rectification of entries in the Register of Copyrights; adjudicate upon disputes on assignment of copyright; grant compulsory licences to publish or republish works in certain circumstances ; grant compulsory licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work; hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country; fix rates of royalties in respect of sound recordings under the cover-version provision; and fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work.

Walking the Copyright Tightrope Ysolde Gendreau 2. In many cases, it is necessary to obtain licences from more than one society.

The following are some of the commonly known acts involving infringement of copyright: Making infringing copies for sale or hire or selling or letting them for hire; Permitting any place for the performance of works in public where such performance constitutes infringement of copyright; Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ; Public exhibition of infringing copies by way of trade; and Importation of infringing copies into India.

copyright act definition

How are the seized infringing copies or plates disposed off? And, in some cases, the copyright owner may even be able to obtain monetary penalties that may far exceed actual losses.

copyright act 1970

Copyright Office makes your copyright a matter of public record and provides a number of important advantages if it is ever necessary to go to court to enforce it. A copyright society may: Issue licences in respect of the rights administered by the society.

Kutty, Deputy Secretary and Shri T. It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment.

Who owns the rights to works created within Universities and public research organizations: A Spanish case study Pilar Camara Aguila

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The Copyright Handbook