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Copyright Law in India

Copyright is a secured type of intellectual property, under U.S. legislation, by authors of original authors' works (i.e., not copied).

Indian legislation on copyright is in accordance with TRIPS international norms. The (Indian) Copyright Act , 1957 reflected the Berne Literary and Creative Works Convention, 1886 and the Universal Copyright Convention of India, according to its 1999, 2002 and 2012 amendments. India is an active member of the World Intellectual Property Organisation (WIPO) and the United Nations Education, Scientific and Cultural Organization (UNESCO), and is a party to the Geneva Convention on the Preservation of Rights for Creators of Images.

Work protected under Copyright

Under the Act on Copyright, 1957, the term work involves an artistic project consisting of a painting, a sculpture, a drawing, an engraving, a picture, design and/or crafts, dramatic artworks, the work of literature (including computer programs, charts, compilations, and electronic databases). It also involves music and interactive works. The word work includes the work of authors.

In 1957, the copyright law in India aligned itself with developments in the IT industry, be it on satellites, computer software or digital technologies, in order to keep aligned to the global requirement of harmonisation. The modified law, as provided for in the Rome Convention, also provided for protection provisions and the interests of performers.

Registration of Copyright

In India, copyright registration is not compulsory because registration is treated as a simple record. No new right is created or given and no new right is necessary for the initiation of action against violations. The view was upheld in a series of decisions by the Indian courts.

Need for Registration of Copyright

In the Indian Enforcement Authority, the awareness of intellectual property ( IP) laws is significantly low and the majority of IP disputes are confined to the city. While being not compulsory in India, and being protected by the International Copyright Order, 1999, the copyright must be licensed as the certificate is recognised and administered smoothly by the courts and the police, as a

proof of ownership.

Enforcement of Copyright in India

Copyright regulation in India not only requires civil redress by way of court order, penalties or income accounts, collection of infringing products for destruction and legal costs. etc�which even infringe copyright proceedings, a prosecution crime punished by incarceration for a period not under six months, which extending to three years with a fine not under Rs 50,000 (ca. US$ 800) but extending to Rs 2,00,000 (ca. US $3,000)

There are provisions for increased fines and sanctions in accordance with copyright law for the second and subsequent offences. The (Indian) Copyright Act 1957 grants the police forces the power to enter the case, i.e. FIR, and to do its own thing in order to arrest the accused, search the accused's premises and confiscate the infringing content without the Court's interference.

Protection to Foreign Works in India

Copyright of works of foreigners whose countries are signatory to the Convention Countries, are protected from infringement by an International Order on Copyright (1999) to their works in India. Indian courts have also taken action to protect foreign authors'/owners' copyright, including software, film photos, and movie play and database.

The government of India, through its associations and organizations including NASSCOM (National Association of Software and Service Companies), NIAPC (National initiative against piracy and counterfeiting) and others, is also taking the initiative to battle piracy of the software, film, and music field.

Licensing and Assignment of Copyright

Copyright can only be allocated or authorized by the copyright owner or the duly authorized agent in writing in all works, present or future.

Duration/Term of Copyright

The copyright period shall be the lifetime of the author or artist for original literary, playful, musical and artistic works and 60 years from year following the author's death.

For films, sound recordings, posthumous publications, publications of anonymous or pseudonyms, government works and works of international organisations, 60 years from the year following their publication shall be protected.

There should be three elements in the visually perceptible copy notice. They will appear on the copies together or nearby.

The components are:

The mark or Copyright mark;
The year when the thesis was first published;
The copyright owner 's name in the work ( e.g. � 2008 John Ronne ).

Conclusion Copy protection must work to prevent only activities that are illegal and in some way harmful to the copyright holder in the real world and in the way that people see this.

It is important to note that the Act constitutes a complete, comprehensive regulation, which states that the owners' work is not robbed. This Act shall be drawn up in line with the laws of the United States and the United States of America. This Act is intended to provide both the owner and work with safeguards. Copyright in India is regarded as a work of architecture that will only survive if the work is located in India, its country of origin.

Also Read:

  1. Copyright Law in India
  2. Copyright Registration in India

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