Introduction –
The importance of Copyrights original creators of products and anyone they give authorization of their content, exclusive rights of content. Intellectual property term comes in capitalist society earlier in 1440 where the In Germany Johaans Gutenburg invented printing machine to reproduce the writing works on papers. This is the starting point of written ideas collected in written form and sell it to earn a money. The invention came to England in 1483 where the Monarch, King Richard-III promoted the this technology. Britisher was the super power of the world over that period till world war – II.
Where the legal system was formed by them in their colonies worldwide, where through enacting laws they try to protect the writing material of any individual inventors. So we can see the copyright act in British India and after the era of Independent India. After Globalization in the world through the Internet and the computer revolution, the concept of Intellectual property became much wider through the every country of the World.
When working with Internet platform we have to know the knowledge of the copyright act, because what we write and what we present through videos requires to see the copyright act Infringement rules. Therefore, we have to see here in this article the details legal analysis of the Copyright Act through the worldwide aspects and Internation laws for Copyright or the Intellectual Property.
What is copyright? –
The Copyright means that the original creators of products and anyone they give authorization of their content, which is exclusive rights of reproduce the content. This is ideas in writing forms which are not invested earlier by anyone is copyright, we have to register it for concern copyright authority otherwise we cannot get authority of your invented content. The Copyright Act gives the exclusive right to creator and further use and reproduce that material for a given amount of time.
People have started joining to do business from web sites like YouTube, Google or Amazon. Started selling their own products, services, ideas online, but while doing this, they started facing the problem of copyrights. Till then many people did not know what is copyright ?. I still see that there is an experienced You tuber/website owner while doing their job on this platforms violating copyright rules very easily. We can call this lack of information.
When your channel or web site was small, the problem would not come, but as soon as it gets bigger, the disputes start increasing. To know what is COPYRIGHTS, first of all we have to understand what is INTTELLECTUAL PROPERTY, without understanding it we will not understand what is copyright?. When we are running a YouTube channel or web site doesn’t just cause the problem of copyrights, but also the problem of trademark infringement, so it is not enough to just focus on the Copyright Act.
What is Intellectual Property? Â
We are connected to the whole world through internet, information and knowledge have started to merge on one platform. From this a concept emerged, namely Intellectual Property, which is called intellectual knowledge, which is new to the world, apart from the actual physical property. Be it dot com business or software business, there was a need to protect it.
Personal freedom began to gain a lot of importance in a democracy and the market accepted ideas as property. Apart from the traditional business, it was a separate business which came to be considered as property. Invention in Intellectual Property, Literature (LITERARY WORK), Art (ARTISTIC WORK) and Design were made laws to protect the countries of the whole world.
Dot com and software companies and other sectors of the world started becoming available for doing business in the global market. But some problems started coming and as before, the inventions were not limited to the country only and there was a struggle for rights in it, Only then to do intellectual property laws. It was needed. In that too, international laws, treaties and agreements came to the to force, these things started doing important work globally.
I. P. There are mainly three types –
1) PATENTS
2) COPYRIGHTS
3) TRADEMARKS
TYPES OF INTTELECTUAL PROPERTY RIGHTS –
1) Patent
2) COPYRIGHTS
3) TRADEMARKS
4) TRADE SECRET
5) INDUSTRIAL DESIGN
6) Plant Variety
7) Trade Dress
8) GEOGRAPHICAL INDICATION
9) TRADE SECRETS
10)CIRCUIT DESIGN
11) others
What is the history of intellectual property?
The history of Intellectual Property is mainly visible in the western countries and America, we know that the British ruled India for 150 years. When the East India Company established its first colony at Surat, they took exclusive rights to trade in India from Queen Elizabeth I. This can be called the beginning of INTTELECTUAL PROPERTY.
In the 17th century, the term literary property was used because of the contention in book publishing. That period was the revolution of education in Europe, so it was the beginning of INTTELECTUAL PROPERTY. The end of the Cold War after 1991 and the start of globalization in its true sense was the beginning of many law reforms in India.
In Germany Johaans Gutenburg invented the printing machine to reproduce the writing works on papers. This is the starting point of written ideas collected in written form and sell it to earn a money. The invention came to England in 1483 where the Monarch, King Richard-III promoted the this technology. Britisher was the super power of the world over that period till world war – II. Europ was the most developed area of the World financially and socially, because they started their business in another part of the world through sea rout.
What are examples of copyright protected works?
1) Literary
2) Dramatic
3) Music (MUSIC)
4) ARTISTIC
5) Any work done without a name in a different name
(ANONYMOUS & PSEUDONYMOUS WORKS)
6) POSTHUMOUS WORK
7) CINEMATOGRAPHY
8) CINEMATOGRAPHY
9) SOUND RECORDS
10) Government work
11) PUBLIC UNDERTAKINGS
12) INTERNATIONAL AGENCIES
13) PHOTOGRAPHY
Laws Related to Copyrights –
- THE COPYRIGHT ACT 1957
- THE COPYRIGHT (AMENDMENT ) ACT 2012
- THE COPYRIGHTS RULES 2013
Website – www.copyright.gov.in
Authority in India (AUTHORITY) –
Registrar of Copyrights – Deputy Registrar of Copyrights – Section Officer – Examiner
What are not protected by copyright in India?
The natural things that happen cannot be copyrighted, so the following things cannot be copyrighted.
1) Ideas
2) Procedure
3) Method
4) Systems
5) Facts
6) News
7) Research
8) Title
9) Name
10) phrase
11) Slogan
12) Works in Public Domain
How long do you get the income of copyrights –
- If your creation is after January 1, 1978, then the creator life plus 70 years.
- 95 years after publication or 120 years after creation if your creation is commercial and after January 1, 1978.
- After that the copyright becomes open to the public.
What does public domain it mean?
Content that is not copyrighted is called public domain. The work that the government does cannot be copyrighted, it always has to be kept for the public. Public document and private document will be explained well in the Evidence Act of India, from that you can know what is the meaning of public domain.
The Public domain term neither used in any copyright laws, but it is used for the completion of the period of any material or invention registered through certain periods as mentioned by that copyright Act.. In India there is rule of copyright protection of 60 years after the death of the author or inventor. In other countries these rules are made as per their enactment procedures.
The Completion of that certain period of copyright, that material become available to public platform for free and anybody can use that material or invention. This is freely available material is called public domain property which is copy or use by any individuals or institution. There is no liability or rights available to the owner of that material after completion of the particular period mentioned by the copyright act.
What are the international treaties for copyright?
There are several international treaties and agreements that govern copyright law worldwide. Some of the most important ones include:
- Berne Convention for the Protection of Literary and Artistic Works (1886): This treaty establishes minimum standards for copyright protection and recognizes the principle of “national treatment,” which means that authors from member countries are entitled to the same copyright protection as domestic authors.
- Universal Copyright Convention (1952): This treaty provides an alternative to the Berne Convention for countries that are unable or unwilling to comply with some of its requirements. It provides similar minimum standards for copyright protection, but with some differences.
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994): This agreement is part of the World Trade Organization (WTO) and sets out minimum standards for copyright protection, among other forms of intellectual property. It requires member countries to provide copyright protection for at least 50 years after the author’s death.
- WIPO Copyright Treaty (WCT) (1996): This treaty updates the Berne Convention by providing specific provisions for the protection of works in the digital environment, such as databases and computer programs.
- WIPO Performances and Phonograms Treaty (WPPT) (1996): This treaty provides specific protection for performers and record producers, particularly in the digital environment.
- Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (2013): This treaty seeks to increase access to books for people with print disabilities by allowing for the creation and sharing of accessible format copies across borders.
These treaties and agreements have been ratified by many countries around the world and provide a framework for copyright law at the international level.
Copyright Acts & ADR System –
Mainly the process of law and order of India is very long, so the Alternative Dispute Resolution Process was brought in India, which was brought to India to settle the disputes through Arbitration, Conciliation of Copyrights. THE ARBITRATION AND CONCILIATION ACT 1996 This allows copyright issues to be settled out-of-court. People’s time is saved, and copyright laws can be implemented more effectively.
What is copyright and explain its main features?
- In Germany Johaans Gutenburg invented the printing machine to reproduce the writing works on papers, which invention promoted by British rule in 15 centuries and started promoting Copyright of Individuals.
- Copyright Act protects Individuals or the Institution against their original material or creation of writing and prohibiting from duplication.
- The Copyright Material or invention has to be in tangible form, natural ideas, theories cannot be registered as a copyright.
- There is time limitation given by any copyright act in the world, after completing that certain time period these materials or invention become public property.
- There is remedies in compensation and punishment form in the Copyright Act.
- After Globalization the international treaties and agreements are made through United Nation to avoid conflict between two different countries the Copyright Act.
- In India there is an Alternative Dispute Resolution act made separately for solving the international Industrial disputes quickly and faster outside the court.
- After the revolution of Internet and computer in the global market the definition of copyright is becoming broader.
- As other property this copyright material or invention also considers as a Intellectual Property and the copyright Act give the protection to these properties against copy or theft.
- The Copyright Act 1957 came into force after Independence of India, Before that the Copyright Act 1911Â was in used by the British India.
- The Copyright, Patent and Trademark are the major three types of Intellectual property.
- The first time in India the Copyright Act was enacted in 1847 by the British parliament for the East India Company in India & the Copyright term were the lifetime of the author plus 7 years or 42 years benefit of ownership.
Critical Analysis of The Copyright Act in India –
The main Structure of the Copyright Act 1957 was amended by the Copyright rules by time and time again. In British India earlier we have seen the development of the copyright act in India. A in British India there is most of the society of India is illiterate and therefore this law is enacted for very few elite people of the society. There is an Alternative Dispute Resolution Act in India, but it is still needed to be effective.
To attract effective foreign investment in India there is require them to confidence in the tribunal system and Judicial system of India. On Reality there is very difficult process of registration of copyright in India, which requires more transparency. The digital platform makes it initiative towards transparency. Indian people needed to train for this platform and its consequences.
Conclusion –
As we have seen the history of the Copyright act in the world and in India. The copyright act comes after the European Revolution where Individual rights and Democracy terms were evolved. The Copyright Act or the any Intellectual Property is today’s symbol of development through technology and knowledge. In today.s literature or knowledge base books or online material available in English that shows the importance or the English Language for the globalized World.
Before the invention of Intellectual Property there is only physical work could be provide you wealth, but the intellectual property is the main reason of today’s latest technology and research knowledge available to us through books or internet platform. Before 20 years if we want to gather any knowledge we had to go to the Library and collect it. Which is not easy as it become today on just one click or google click.
The Copyright act becomes effective through International level because it is easily utilized by the website platform of the Internet. So any Intellectual material can be published internationally through this platform and earn money and fame from it. So there is arises a dispute as this market expands. So through United Nation and treaties , agreements are made to avoid the conflicts and disputes towards law of two different countries. So here we try to explain you what is copyright and how copyright works in different regions.