Copyright in Intellectual Property Rights

The rights of the writers and producers of literary and creative works are covered by the word "copyright." Another name for a copyright is a "literary right" or "author's right." Authors are granted exclusive rights to their creations by copyright, which also forbids unlawful publication and copying of their work. Copyright protection starts as soon as a work is conceptualised and manifested in a material form. A work that is an original invention is protected by copyright. Furthermore, only expressions are covered by the protection. Copyright does not apply to concepts that are only expressed in concrete ways; they are not protected by law.

Meaning of the word ‘Copyright’

• The word copyright is created by combining the concepts "copy" and "right."

• More specifically, copyright refers to the "right to copy," which grants reproduction rights to only the author or a designated representative of the author.

• To put it simply, a copyright is a legal right that belongs to the owner of intellectual property.

• The elaboration has to be considered to comprehend the notion of copyright properly. When someone uses considerable mental or intellectual capacity to produce something unique, that creation is considered original.

• These one-of-a-kind works of art include computer software, films, books, graphic designs, music compositions, art, literature, poetry, and lyrics for songs. Additionally, a copyright serves as a protection to prevent the duplication of an original work.

• Original Work of Authorship (OWA) is the state in which a work is entirely produced without replication by the autonomous intellect of its creator.

• The original author of any work has the automatic right to control it and the ability to stop others from using, copying, or replicating it for their purposes.

• If the inventor wants to be safe and have the upper hand in the legal system, they may voluntarily register for copyright.

• The creator can initiate a lawsuit against someone who copies his work by registering this.

• Concepts that come under the categories of trademarks and patents, but are not covered by copyright, including discoveries, slogans, brand names, logos, concepts, domain names, and tiles.

• Any speech, concept, discovery, etc. that is protected by a copyright must be recorded in writing.

• This idea enables artists and producers to work without fear and produce unique works of art that are immune to imitation by others.

The Evolution of Copyright in India

• The East India Company's rule in 1847 is where copyright law in India first emerged.

• To enforce the copyright at that time, registration with the Home Office was mandatory and the work was not automatic. The copyright period covered the author's lifetime as well as seven post-mortem years.

• India approved new copyright laws in 1914, but with certain changes that are: the implementation of criminal penalties for copyright violations. It expanded the definition of copyright and changed it to refer to a "sole right," giving the author the authority to translate, alter, produce, or publish a work.

• The laws of 1914 were in effect until 1957, or the post-independence era, when new laws were introduced.

• A new copyright law was passed in 1957. The British Copyright Act, of 1911 was expanded upon by the Act of 1914, which was in effect prior to the Act of 1957.

• Additionally, the Copyright Amendment Bill, 2012 was unanimously approved by the Indian Parliament in May of that year.

• With the passage of this bill, Indian copyright laws will be more globally compliant and adhere to the WIPO Performance and Programme Treaty (WPPT) and WIPO Copyright Treaty (WCT), two treaties of the World Intellectual Property Organisation.

The 2012 Amendment Bill's Principal Features are:

• Changes to the right to create artistic works, including sound recordings and cinematograph films.

• Modifications in line with WCT and WPPT.

• Changes to the terms of licence grants and assignments.

• Defence against piracy online.

How does Copyright function?

• When an author creates a fixed, original work, a copyright exists. To own a work, an author does not need to register it with the United States Copyright Office.

• Once the aforementioned requirements are satisfied, automatic protection is provided. Registration is required to safeguard and enforce copyright's exclusive rights.

• The author is not the only one who may be a copyright owner. Companies and organisations frequently contract or employ individuals to generate creative work and negotiate ownership through work for hire.

• The author may be the original owner of the copyright, but in exchange for money, the copyright protection is extended to someone else (think ghostwritten works).

• Additionally, according to the Copyright Office, "when two or more authors create a single work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole," copyright ownership may be shared.

What do the terms "fixed works" and "original authorship" mean?

Two key concepts that are important to the concept of copyright are "fixed works" and "original authorship." For a piece of writing to be considered unique, it must be independently created by a human author and meet some minimal standards of originality. Nothing can be duplicated. AI is not useful. According to the Copyright Office, a work "can be perceived, reproduced, or communicated for more than a short time" to qualify as a fixed work. Consider the most recent phone photo you took of a Moonlight. The picture created by you as a writer and preserved on a long-lasting media qualifies as a creative work. Pictures of you may be viewed ("perceived"), duplicated ("reproduced"), and distributed ("communicated"). Fulfilling these conditions grants ownership of the copyright.

Works with copyright protection

After a work satisfies the original and fixed requirements, you need to figure out what kind of copyright it is. Four forms exist:

• Literary compositions

• Dramatic pieces

• Compositions for music

• Artistic creations

Creations that are eligible for copyright protection:

• Literary works include books, blogs, poetry, pieces from newspapers, and some collections.

• Works that are musical, including any lyrics or any accompaniment

• Dramatic works, such as plays, with any accompanying music

• Pantomimes and choreographed pieces, such as dance steps and band compositions

• Artwork in the visual and graphic arts, such as pictures, paintings, drawings, and sculptures

• Motion pictures and other audiovisual productions, such as films and advertisements

• Sound recordings are art pieces created by adjusting a sequence of spoken, musical, or other sounds, such as sound effects or audiobooks.

• Architectural creations, such as blueprints for buildings or other structures

What rights does copyright protection bestow?

The Copyright Office states that the following are some of the ways that original writers' works are safeguarded under U.S. copyright law:

• Make duplicates or vinyl records of the work.

• Create derived creations using the work as a model.

• Distribute copies or phonorecords of the work to the general public through sales, leases, loans, or other ownership transfers.

• If the work is a pantomime, a movie film, or another audiovisual, perform it in public. If it is a literary, musical, theatrical, or choreographic piece, perform it in public.

• If the work is a pantomime, a literary, musical, theatrical, or choreographic piece, or a pictorial, graphic, or sculpture, show it in public. A movie or other audiovisual work's pictures are likewise covered by this right.

• If the piece is a sound recording, play it aloud via a digital audio transfer."

Ownership of copyright

Copyright is seen as a sui generis right, meaning that the primary owner of anything is the person who created it with their mind and has initial ownership over it. Furthermore, the first proprietor of any work is addressed under Section 17 of the Copyright Act, of 1957.

When is an author regarded as the first owner?

• When it comes to literary works, such as speeches given in public, computer software, novels, and internet material, the author is regarded as the original owner of the work.

• When it comes to dramatic, artistic, or musical works, the author is the original proprietor of the work.

• In matters involving art, such as paintings, sculptures, and drawings (such as planning, architectural designs, and envisioning), the original artist is the first proprietor of the piece.

• When it comes to cinematography, the producer is the original proprietor of the piece. As is common knowledge, cinematography encompasses a wide range of tasks, including song lyrics, screenplays, and creative, and dramatic work.

• Accordingly, the writers of each of these works will be the owners. But in the event of a sound recording, ownership will go to the producer.

• In the event that any of the aforementioned work is completed by someone working under contract, the terms of the contract will determine who owns the work.

• In any work produced by employees while they are employed, the employer will always be the first owner of that work.

• In a similar vein, any work produced by a partner while conducting business will be included in the partnership. For example, if an advocate drafts anything while they are employed by a law office, the law company will own the invention of the document.

• In conclusion, a speech given in public belongs solely to the speaker, even if it was organised by a third party or provided on behalf of their company.

Copyright Assignment and Licence

Copyright is essentially a personal property right governed by a number of state-mandated rules and regulations. Copyright-related rights are owned, transferred, and inherited in accordance with certain rules and regulations. Furthermore, a copyright owner has two options for assigning or transferring their rights: by licence.

Constitutionality of the Copyright Act's Mandatory and Statutory Licencing Provisions

Intellectual property rights, or IPRs, are the rights granted to the author of a work of art, giving them exclusivity over it for a predetermined amount of time or as long as the work is covered by the applicable laws. IPR in India is governed by the following laws:

• The Patents Act of 1970

• The Trade Marks Act of 1999

• The 1957 Copyright Act

• The Geographical Indication of Goods (Registration and Protection) Act, 1999

• The Designs Act, 2000

• The 2001 Farmers Rights and Protection of Plant Varieties Act

• The World Trade Organisation (WTO)-managed the Trade-Related Aspects of Intellectual Property Rights (TRIPS) accord

• The Information Technology Act of 2000.

The purpose of the Copyright Act was to safeguard an individual's original works. Original works in the fields of literature, art, theatre, music, sound recording, and cinematography are all eligible. The Copyright Act granted the owner/author of the work full rights in order to encourage invention and capitalise on such inventiveness. These are assignable and transferable rights.

Differentiating Between Statutory and Compulsory Licencing

• The constitutionality of the sections of the Copyright Act, 1957 about mandatory and statutory licencing is one such subject that has been in the news recently. In India, the Constitution is the ultimate law, and it supersedes all other laws, whether state or federal.

• By completing a process and paying a price set forth by statute, the Licensor (owner) grants the Licensee permission to utilise his work.

• However, it is incorrect to distinguish between statutory and compulsory licences. Both phrases are frequently used synonymously in different legal contexts.

• The Indian Copyright Act, however, attempts to differentiate them slightly in terms of payment.

• While the royalty under Statutory Licencing is set by the Copyright Board, in Compulsory Licencing it is left up to negotiation between the parties.

• Unlike compulsory licencing, which requires consent from the owner before usage, statutory licencing grants authorization directly from the statute.

• Sections 31 to 31 D of the Act itself provide for this.

Sections Concerning Mandatory And Statutory Licencing Under The Copyright Act

• The sections of the Copyright Act that deal with licencing are covered in Chapter VI.

• Section 30 addresses copyright owners' licences.

• Any author of a piece of work, whether current or prospective, may licence it to another person in writing through his or her officially designated agent.

• If the licence pertained to future work, the interest would only be considered awarded at the time the work is created.

• Furthermore, barring a clause in the licence to the contrary, the licensee's legal representative will be entitled to any benefits flowing from the licence if he passes away before receiving the interest (in the case of future works).

Authorities on Copyright

• Section 9 of the Copyright Act of 1957 defines the term "copyright office" and mandates the establishment of one.

• The Union government appoints the registrar of copyright, who is in charge of the copyright office and is therefore subject to the Union government's direction, control, and directives.

• The registrars are in charge of the registration office, which is primarily focused on providing registration services. The Intellectual Property Office (IPO) may be found at Plot No.

• 32, Sector 14, Dwarka, Delhi, 110075. It can also be reached via G-30, August Kranti Bhawan, Bhikaji Cama Place, New Delhi, 110066.

The entirety of India is under the authority of this office. The copyright office handles the following copyright-related duties:

• Literary composition

• artistic creations

• Themes from stories

• Storybooks, Lyric Books, Software

• Cinematograph films

• Sound recordings of music

Violation of Copyright

Any use of the original creator's copyright-protected work, such as a book's topic, an essay, a song's lyrics, etc., violates the owner's rights without the owner's consent. Furthermore, it is typically illegal to make anything that is copyright protected publicly available to the public in any format, including digital ones, without the owner's consent or that of a publication house or other organisation that has the copyright.

Redress for Copyright Infringement

In general, there are three different kinds of remedies possible for copyright infringement:

1. Civil remedies: Injunctions, reimbursement of profit margins, delivery of copyright-violating copies, and conversion damages are examples of civil remedies.

2. Criminal remedies: The accused may be imprisoned, fined, or both as a criminal remedy.

3. Administrative remedies: If the infringement is caused by the importation of infringing copies into India, one of the administrative remedies is to request that the Registrar of Copyrights office prohibit their importation and that the infringing copies be transferred to the copyright owner.

How can copyright violations be prevented?

• Copyright laws serve as a safeguard to prevent others from utilising and profiting from an author's original work without the owner's consent. Original works are creative and intellectual expressions.

• The concept of copyright asserts that the inventor or author retains ownership of his creations and total control over how others use them.

• For example, songwriters' words would be protected by copyright in music.

• In order to prevent copyright infringement, composers and performers would enter into an agreement detailing the terms under which the right to record would be given.

• The songwriter may file a lawsuit for copyright infringement against the musician if they choose to record the same tune without authorization.

• You would be right if you think that the definition of copyright infringement sounds like theft.

Prominent Cases of Copyright Violation in India

India has had several well-known instances of copyright infringement throughout the years. Let's examine a few of the more noteworthy instances:

Hawkins Cooker Ltd. vs Magicook Appliances

• Fact about the Case - In a legal dispute with Magicook Appliances, Hawkins Cooker Ltd. alleged that Magicook Appliances had violated their registered trademark by using it without authorization on their pressure cooker line, in violation of the Copyright Act of 1957.
• Judgement of the Case - Hawkins Cooker Ltd. won the case in court, and Magicook Appliances was not allowed to use the Hawkins Cooker Ltd. name. Furthermore, Magicook Appliances was ordered by the court to reimburse Hawkins Cooker Ltd. for any and all alleged goods, literary works, and other materials that were utilised in the production of the illegal goods.

Super Cassettes Industries Limited vs Google and YouTube

• Fact about the Case - Super Cassettes Industries Limited (SCIL) claims that YouTube's business strategy is predicated on the unlawful use of copyrighted material that has been uploaded without the owners' permission and without paying royalties. According to SCIL, YouTube makes a significant profit from this strategy and gains a lot of advantages from it.
• Judgement of the Case - The court has decided that YouTube and Google are required to stop sharing, copying, showcasing, or sending any audio-visual content that is solely owned by SCIL on their platforms in response to the plaintiff's allegations.

Conclusion

Copyright refers to the legal protection afforded to the original creator or owner of any intellectual work against any third party. Legislators therefore promote innovation and safeguard the creator's original work by bestowing this shield. Thoughts should be given to the fact that, in the end, both the public and the owner come to an agreement that allows them to enjoy their interests—different attorneys may have different opinions. It's not that the Owner doesn't receive his royalties or that certain people can't access particular works; rather, the dispute has arisen because of the urge to receive more.