The Copyright Act 1957
Important Questions
Discuss in detail the rights of owner of Copyright.
Discuss the subject matter of Copyright.
Explain copyright? State the subject matter of copyright.
Explain the procedure for registration of copyright. at are various remedies available
Explain the procedure for registration of copyright.
What constitutes Infringement of Copyright? Explain the remedies against the infringement of copyright.
THE COPYRIGHT ACT 1957
INTRODUCTION the British parliament in Indian copyright act 1914 for India first legislation and copyright in India it was solely based on the English corporate and 1911 .after independence Indian become a member of an international convention related to copyright the Parliament of India enacted the copyright Act 1957 (major change were brought as per the provision of the international convention. the Berne Convention for the protection of literary and artistic work and the universal copyright convention 1952. the present copyright act was legislated in the year 1957 is known as copyright act 1957 as an amended by the copyright act amended Act 1999.
OBJECT : The mean object of the copyright protection act is to protect Act human creativity form infringement or exploitation or misuse by the pirates in illegally. it is encouraged by authors composer artists and designers to create original work by rewarding them with the exclusive right for a limited period exploit their work for monetary gain
Meaning of copyright –copy right means an exclusive right and subject of the provision of this ACT to do or authorize the doing of any of the following acts in respect of work the copyright is a diverted from the expression copier of a word according to the black law dictionary the copyright transcript imitation and Reproduction of original writing painting according toOxford dictionary English dictionary copyright is an exclusive right give by the law for a certain term to an author composer to print publications and sale copies of his original work .
section 14 of the copyright act 1957 define the term copyright which means the exclusive right to do or author other to the certain right or act in relation to a literary dramatic or musical work ,computer program , artistic work , cinematography film , sound recording the copyright subsists only the certain classes of a work section 13 of the act as lead down
Section 13 the copyright subsists only the certain classes of a work
Original literary work
Dramatic work
Musical work
Artistic work
Cinematograph .film
Sound recording
In case of literary ,dramatic ,or musical work being computer programing
In case of computer programing
In case of artistic work
In case of cinematography film
In the case of a sound recording
FEATURE OF COPYRIGHT ACT 1957
The present copyright act 1957 was legislated in year 1957 as amended by copyright (amended) Act 1999.
The main feature of the Act
· create copyright office and copyright board
· define various category work in which copyright
· various provision to determine the first ownership of copyright
· the provision relating to performing right
· the term copyright for the different category of works
· the provision relating to licensing of copyright and compulsory licensing
· compulsory licensing
· performer right
· casting right
· International copyright act
· define infringement of copyright act
· the author special right
· Civil and criminal remedies against infringement
· remedies against the groundless threat of the legal proceedings
Characteristic of copy right
·Originality
·Negative right
·Exclusive right
·Multiple right
Woke in which copy right subsist section 13
An original, literary, dramatic, musical and artistic work and cinematography film or sound recording
Does not subsist section 13(2)
Condition are satisfied
·Published work
·Unpublished work
·Work of architecture
Subject matter of copyright
·Literary work
·Musical work
·Dramatic work
·Choreographic work
·Graphic & sculptural work
·Motion picture and audio visual
·Sound recording
·Architectural work
