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International Copyright Under The Copyright Act,1957

The term 'copyright' is derived from the two words 'copy' and 'right'. It originated from the legal concept that the right to make copies of a piece of work, such as a book or a piece of music, is exclusively granted to the original creator. The term 'copyright' can be traced back to the statute of Anne enacted by the British Parliament in 1970. It aimed to protect the rights of the author by giving them the exclusive right to print and distribute their work for a certain period. This idea of copyright eventually spread to other parts of the world, giving rise to modern copyright laws.

Copyright is a legal term that refers to the ownership or control of the rights of the original owner of the work, such as video, motion pictures, computer programs, pictures, musical composition screenplay, etc. The Copyright laws provide exclusive rights to the creator to exhibit, sell, license, or collect royalties.

These legislations on copyright laws aim to protect the owner's exclusive rights from infringement or misuse by anyone from any part of the world. These copyright laws ensure complete protection of the creator's work.
In India, the Copyright Act, of 1957 was the first copyright law, but since then this legislation has been amended six times. The recent amendment to the Copyright Act, of 1957 was done in the year 2012 that was through the Copyright (Amendment)t Act, of 2012.

International copyright is the protection of creative work on a global scale. It is governed by several international treaties and conventions, such as the Berne Convention for the protection of literary and artistic works, which provides minimum standards of protection for creative works in member countries.

The Copyright Act, 1957

Copyright Act, of 1957 was the first copyright legislation in India. However, since then, the Act has been amended six times. The recent amendment to the Copyright Act, of 1957 was done in the year 2012 that was through the Copyright (Amendment) Act, 2012. there are three main branches of copyright law in India namely,
  • Copyright Office
  • Copyright Board
  • Copyright Society
The copyright office is where the registration of copyright process takes place. The registrar of copyright is the head authority, responsible for the registration of copyright. Below the position of registrar is the deputy registrar who heads the division. Thus, the copyright office was established under the Ministry of Human Resources Development (MHRD). The copyright board is responsible for resolving disputes that may arise about copyright issues. This is headed by a chairman with a minimum of two or a maximum of fourteen members. Copyright societies are voluntary organizations or associations of owners of copyright or copyright holders. These societies have a right to file a suit or to perform any function as the owner, such as granting a license, collecting royalties, exhibition or use of owner's work, etc. Therefore, these societies are responsible for managing the copyrights of the owner's association.

Protection of Material Under Copyright

  • Literary works - books, speeches, advertising copy, games, computer programs.
  • Musical composition - musical, CD, DVD, cassette, tape, MP3 files.
  • Dramatic works - movies, TV shows, news.
  • Choreographical works - gestures and facial expressions, dance movements.
  • Graphic and sculpture activities - fabrics, games, posters, and toys.
  • Additional activities - visual work, sound recording, architectural work.

International Treaties India Has Joined for International Copyright Laws

Following are a few treaties that India has joined in furtherance of international copyright laws:
  • The Berne Convention of 1886 (modified in 1971 at Paris)
  • The Universal Copyright Convention of 1951
  • The Rome Convention of 1961
  • The Agreement on (TRIPS) Trade-related aspects of intellectual property rights

International Copyright

International copyright" is something that will protect an author's writings throughout the world. The protection is given against unauthorized use in a particular country, depending on the country's national laws. However, many countries offer protection to foreign works under certain conditions, which have been greatly simplified by international copyright treaties and conventions. In 1999, the International Copyright Order was formulated to protect the authors/owners of the foreign copyright works and enforce protections beyond the national limits.

So, it stands to reason that works other than Indian Works would be considered Foreign Works. Additionally, section 40 of the Act can be used to deduce what "Foreign Work" means.

Sections 40 to 43 of Chapter IX deal with international copyright. In essence, the Act grants the Central Government the authority to restrict the rights of foreign writers in certain circumstances and treats the Foreign Works of the nations included in the International Copyright Order, 1999, as if they were Indian Works.

Power To Extend Brand To Foreign Works( Section 40)

By publishing an Order in the Official Gazette, the Central Government is permitted by this section of the Copyright Act to extend brand to foreign workshop. The fact that only the nations listed in The International Copyright Order, 1999 - the Order - can be granted brand in India is a pivotal element of this clause.

The International Copyright Order 1999 should also include "homes beyond India" indicated in the subsections of this section. thus, nations cannot claim brand for their workshop in India if their names aren't listed in the International Copyright Order, 1999. The ensuing workshop can have any or all of the vittles of the Copyright Act applied to them by the Central Government, which will consider them as though they were Indian workshop.
  1. All works published outside of India are to be viewed as if they were first published there.
  2. Unpublished workshop whose generators were subjects or citizens of another country at the time the work was created are to be treated as though they were Indian citizens.
  3. If an author has a fireside outside of India, the Copyright Act will nevertheless apply to him as if he'd a fireside there.
  4. The Copyright Act will apply to any work whose author at the time of its original publication was a subject or citizen of a foreign country, or who was deceased at the time of its original publication and a subject or citizen of a foreign country.
The duration of brand protection in India mustn't be longer than the duration of protection granted in the nation where the foreign work was first created. also, the duration of protection offered by the other nation shall not be longer than that of India.

The International Copyright Order, 1999's formalities and conditions must be followed in order to enjoy the rights granted by the Copyright Act of 1957. also, the International Copyright Order may stipulate that foreign workshop created prior to the launch of the Order or the Copyright Act, as well as works first published previous to the launch of the Order, are pure from the wholeness or any portion of the Copyright Act, 1957.

Section 40a: Broadcasting Organisations And Players Are Included In The Operation Of Chapter Viii

If the Central Government is satisfied that a foreign country has made or agreed to make the necessary provisions for the protection of the rights in that country, still, as is possible in India under the Copyright Act of 1957, it may extend the rights under Chapter VIII to foreign broadcasts and performances, If the Central Government is satisfied that a foreign country has made or has agreed to make the necessary vittles for the protection of rights in that country. The rights granted to broadcasting organisations under Chapter VIII of the Copyright Act of 1957 may be expanded by the central government.

This provision also gives the International Copyright Order the authority to completely or incompletely apply Chapter VIII to foreign broadcasts or performances, as well as to general broadcasts or performances or groups of broadcasts or performances.

Section 41 Actuality Of Brand In India As A Whole

This provision states that brand in a foreign work would be present far and wide in India:
  1. Any association's direction or control is used to produce or publish a (foreign) work:
    1. At the time of the work's original publication in India, there's no brand in the work.
    2. When it believes that the concerned country has not recompensed the protection handed by the Indian government by not furnishing acceptable protection to the works of Indian authors, Section 42 gives the Central Government the authority to drop or circumscribe the rights of similar foreign works, whose authors aren't Indian and not housed in India, first published in India.
    3. According to Section 43, each Order issued by the Central Government in agreement with Chapter VIII must be presented to both Houses of Parliament as soon as it's issued and is subject to any amendments that may be made during that session or the session that follows.

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