By Prachi Bansal, Lex Maven

THE COPYRIGHT LAW

The intellectual property law is a revolutionary statute for protecting the rights of the creators and the people who generates the ideas and brings new changes in the society. In simple words, Intellectual property gives rights for intangible property in regards to the ideas, skills and talents of the creators. IPR is made to protect the rights of the creators against the infringement. The objective of this to motivate other authors and artists to come forward to show their original skills without being afraid of getting copied by others.

MEANING OF COPYRIGHT LAW

The copyright law is a part of intellectual property law wherein an exclusive right lies with the creator to reproduce or authorise another person to reproduce any work or to create, modify, distribute, display or perform any work related to artistic, dramatic, literary, music, sound or film category.

CLASSES OF WORK FOR WHICH THE COPYRIGHT PROTECTION IS AVAILABLE

Following are the classes of work for which the copyright protection is available-

1. Original literary
2. Dramatic
3. Musical work including graphic notation
4. Artistic work such as painting, drawing, sculpture, engrave, photograph and architecture
5. Cinematography
6. Sound recording regardless of medium.

RIGHTS OF AUTHORS

Following are the rights of the authors under copyright law

1. Right for Reproducing the work
2. Right for Issuing copies of work in public
3. Right for Performing work in public
4. Right for Communicating work in public
5. Right for making cinematographic films or sound recording
6. Right for making translation of work
7. Right for making adaptation of work
8. Right to use or sell or renting the work.

REGISTRATION OF COPYRIGHT

The registration is not compulsory in copyright law but still if the work is registered under copyright law it gives protection for taking civil and criminal action against the infringer. The registration can easily be done either online or through the registrar of copyright office.

The process of registration is very simple here the owner of the work authorise a person by signing a specific power of attorney or vakalatnama and then the person so authorised will submit the form 4 in triplicate to the copyright registrar and after the inquiry the registrar will issue certificate of registration to the owner of the work subject to the no objection raised in 30 days of filling the form.

OWNERS OF COPYRIGHT

Following are the people who can be termed as copyright owners

1. In case of musical sound recording then the person who produced the same will be termed as the owner.
2. In case of the journalist then if there is no agreement then the proprietor will be termed as the owner.
3. In case the consideration received for job work then the payer will be the owner.

POWERS OF REGISTRAR IN COPYRIGHT LAW

1. Power to discover and production of documents
2. Power to ask on oath on affidavit
3. Power to access public record
4. Power to issue inquiry commission
5. Power to summon and enforcing attendance

INFRINGEMENT OF COPYRIGHT

Following acts will be considered as the infringement of copyright

1. If anyone sales or hire any unauthorised person with intent to copy the original work.
2. If any unauthorised person performs some work in public.
3. If any person distributes the infringed copies of any work.
4. If any unauthorised person makes public exhibition of any work.
5. If any unauthorised person imports infringing copies in India.

Although there are certain EXCEPTIONS if it is used for the following purposes

1. Research or private study
2. Critics or review
3. Reporting of current events
4. For judicial proceedings purpose
5. Performing before non-paying audience
6. For educational or religious ceremonies

PENALTY FOR INFRINGEMENT OF COPYRIGHT

If any person infringes the copyright for the first time then he/she will be punished with imprisonment for upto 6 months and fine minimum upto 50,000 rs. And if the person commits the same act for second time then he/ she will be punished with the imprisonment of atleast 01 year and minimum fine of 1 lakh rs.

REMEDIES TO THE OWNER AGAINST THE INFRINGEMENT

Following are the remedies present with the owner on the infringement of his work

1. Injunction or restoration
2. Claim for damages equal to the amount that the copyright holder may get if the person had obtained the license or equal to the loss of the profit occurred to the copyright holder or equal to the loss of reputation or equal to the decrease in the sale of the copyright holder’s work.

CASE LAWS

In the case of Amarnath Sehgal v Union of India [2005 (30) PTC 253] the plaintiff who was a famous sculptor kept his master piece in Vigyan Bhawan for decoration the work remained there from 1962 to 1979. In 1979, the government proposed to remove the mural without plaintiffs permission and in the process of removal, due to mishandling the mural got damaged and lost its aesthetic and market value.

The court passed mandatory injunction against the UOI directing it to return the mural to the plaintiff within two weeks from the date of judgement. The court also granted damages to the tune of 5 lacs and cost of suit to him against the UOI.

In the other similar case of Ratna Sagar (P) Ltd. V. Trisea Publications & Ors., 1996 PTC (16) 597 the court held the respondent guilty of copyright infringement and imposed the perpetual injunction on such an act as per Sections 14 & 19 of the Act.

CONCLUSION Hence the Copyright law is the best way for safeguarding the work of an artist from every possible duplication and to protect the rights of the copyright holders by encouraging them in contributing more such works by their ideas and works in the society.