Introduction:
The concept of use, fair dealing, or free use of copyrighted works for education and research is incorporated in copyright laws around the globe. This is often to strike a balance between the private interests of copyright holders and therefore the public interests of scholars and researchers to use the copy-righted materials in furthering their knowledge. Therefore, I focused the following suggestions which will (if approved/accepted), I believe copyright owners will get proper protection from infringement of copyright.
‘Copyright’ is the term used to describe the area of intellectual property law that regulates the creation and use that is made of a range of cultural goods such as books, songs, films, paintings, computer programs, etc. The object of copyright law is to protect the author of the copyright work from an unlawful reproduction or exploitation of his works by others. The infringement of copyright in a work occurs when one or more of the following acts take place
a) Reproduction of the work in a material form;
b) Publication of the work;
c) Communication of the work to the public;
d) Performance of the work to the public;
e) Making of adaptations and translations of the work and doing any of the above acts in relation to a substantive part of the work;
Doing anyone of the above acts in relation to a substantive part of the work will amount to infringement of copyright. Mere difference in dimensions or inaccurate reproduction where a substantial part of the work is immaterial for bringing an act into the sphere of infringement of copyright.
What is Copyright?
Copyright could be a type of holding protection granted below Indian law to the creators of original works of authorship like literary works (including laptop programs, tables, and compilations as well as laptop databases which can be expressed in words, codes, schemes, or in the other kind, as well as a computer code medium), dramatic, musical and inventive works, cinematographic films and sound recordings.
Section 14[1]– Copyright has been outlined in Section fourteen of the Copyright Act, 1957 as AN prerogative to try to or authorize the doing of any of the subsequent acts in respect of a piece or any substantial half thence, namely:
- Reproduce the add any type together with storing the add any type.
- Issue copies of the work to the general public.
- Create any cinematographic film in respect of the work.
The purpose of the copyright is to secure and reward the general edges. It encourages the authors to provide and proceed with additional works on a continual basis.
To urge protection from the copyright law the work ought to possess the following[2];
a) The work should be associate original one (Original suggests that the work has been created from inspiration and not traced from the other existing sources the work should are created for the primary time).
b) It should be mounted in any tangible type.
The presentation of the work should be within the speakable and physical type and may be capable of being identified in a set form/identified in its existence or tangible form like paper, recordings on optical media, paintings, documents, web servers, etc.
c) Must be initial publication a clever work, mustn’t be printed before
d) Work printed when the death of the author, at the time of death author should own the citizenship in Bharat
e) In case, work printed out of Bharat, at that point author should be national of India.
As per Indian Copyright Act section thirteen of Chapter III, the protection is given to the subsequent:
- Recordings
- Computer program/software
- Musical works
- Dramatic works
- Artistic works
- Cinematograph films
- Architectural works
- Sound recordings
What Copyright protection isn’t provided for?
- Works not mounted in tangible form.
- Titles, names, short phrases, slogans, methods, factual info, symbols, or styles –however, trademark law might offer some protection to those works.
- Ideas or ideas, procedures, process, plans, principles, discoveries, and tips –however in such cases patent or secret law might offer protections to those works.
- Works that square measure already in the public domain and original authorship is not traceable square measure not lined below copyright law.
- Copyright works that square measure already invalid.
Rights of Author/Creator
Copyright may be a bundle of rights given to the author by the judiciary.
As per the Indian Copyright act Section fourteen of chapter III and fifty-seven of chapter XI, the author has been given with some exclusive and special rights; these rights will be divided into three classes and as follows;
- Statutory Rights or Negative rights
Copyright law provides associate exclusive legal or statutory rights to the original author on his creation of work. It imposes a ‘negative duty’ on others that prohibits exploitation or obtaining like the work while not the consent of the author.
- Economic Rights
The economic right provides the author to relish the monetary edges.
The creator will earn royalty by distribution rights to others either totally or partly.
As per the international conventions, generally, every national copyright statute provides following exclusive rights to the copyright holder.
- Adaption rights
- Distribution rights
- Public performance rights
- Public show of works rights
- Rental rights
- Reproduction rights
- Translation rights
- Moral Rights
Copyright law continually protects the creator even when the assignment of copyright work to others either totally or partly. Ethical rights grant associate author the right to have his name unbroken on the work forever and protect from any distortion or modification of the work, or different offensive action in relation to the work, that would be damaging to the author’s name.
Term of Copyright protection
Ordinarily, current copyright doesn’t need any quite registration for its protection. Once the work is created intangible type, the associate author mechanically gets the copyright on his creation.
The term of the copyright protection is as mentioned below:
- The copyright term with respect to printed literary, dramatic, musical, and inventive works is the lifespan of the author and sixty years from the death of the author. just in the case of multiple authors, the term is sixty years from the death of the last author.
- In the case of anonymous works, the copyright term is sixty years from the date publication.
- Copyright protection for pictures, cinematograph films, and sound recordings is sixty years from the date of publication.
Elements of Copyright Infringement
- There should be sufficient objective similarity between the infringing work and the proprietary work
- The proprietary work should be supply from that the infringement work comes. The ultimate take a look at “has there been a replica of plaintiff’s add a considerable kind?
The ‘substantial’ embraces among its orbit two conceptions specifically:
(a) The one of being ‘Considerable’ i.e., as regards amount, this which means is directly attributed to the words once the standard of infringed work is uniform.
(b) The difference being ‘important’ or material, that’s as regards quality. Copyright protects the talent and labor used by the author within the production of his work.
In relation to literary work that talent and labor embraces not solely the language originated and used by the author, however additionally such talent and labor as he has
Another person could originate another add constant general kind, provided he will therefore from his own resources and makes the work he therefore originates a work of his own resources by his own labor and trade presented upon it.
In crucial whether or not there is associate degree infringement wherever the subject-matter of the plaintiff’s work isn’t original, the question is however so much associate degree unfair or
Undue use has been manufactured from the work?
If someone instead of getting the subject-matter from common sources avails himself of the labor of his forerunner, adopts his arrangements and quotations, or adopts them with a colorable.
In the case of works not original in the correct sense of the term, however, composed of, or compiled or ready from materials that area unit open to all, the reality that one man has made such a work will not subtract from anyone else the proper to supply another work of constant kind.
Reasons for Violating Copyright Laws: Case Study
Violation of copyright law could disagree from case to case, the explanations may be lack of resources, inaccessibility or inadequate copies, out of print/stock, lack to understand the explanations for copyright violations and as a half of analysis, the survey had been conducted in the Bengaluru city among tutorial library professionals. The respondents of this survey were library professionals from Universities and schools such as Medical, Engineering, and regular Degree. A lot of than two hundred questionnaires were distributed, out of that 143 respondents (72.5%) were responded and reasoned as mentioned in the following table.
According to the survey, the opinions have been scattered in the AN tutorial atmosphere among professionals with reference to violation or infringement of copyright.
The below table reveals that the majority of the respondents were expressed that the value of the material (27.65%), inaccessibility of resources (24.04%), and inaccessibility of spare amount (21.96%) area unit the common or main reasons for violating copyrights.
| Reason 1 | Reason 2 | Reason 3 | Reason 4 | Reason 5 | Reason 6 | |
| Details | Cost of the material | Unavailability of resources (out of print, out of stock, etc.) | Unavailability of spare quantity/Copy | Misconception of honest use | Copyright provisions not clearly understood | Apathy towards others |
| No. of Respondents | 107 | 93 | 85 | 37 | 43 | 22 |
| Percentage | 27.65% | 24.04% | 21.96% | 9.56% | 11.11 % | 5.68% |
To test whether the work is copyrighted or not, the court follows the three-factor test
- Quantum of the work copied
- Purpose of copying the work
- The likelihood of competition between the two works.
Exceptions
if someone uses the quotes of the proprietary work then it’ll not quantity to infringement.
Similarly, someone might cite samples of the revealed work to criticize it or review it.
Remedies
Under the Copyright Act, 1957 the copyright holder has 2 forms of remedies:
Section 55(1) of the copyright act, provides that the copyright holder is entitled to remedy by means of injunction.
The injunction is that the simplest remedy just in case of violation.
Injunction refers to the judicial method by that one World Health Organization is threatening the legal rights of somebody is restrained to continue his acts or is ordered to
revive the concern the position during which they stood before the action.
Section 55(1) of the copyright act, more provides that the copyright holder is entitled to damages for violation. The aim of providing the damages to the copyright holder is to revive him to the sooner position.
There area unit numerous factors that confirm the number of damages to be paid to the copyright holder.
Generally, the damages area unit awarded for the quantity that the copyright holder would have gotten if the person had obtained the license from him.
However, their area unit numerous alternative factors also, that determines the quantity of damages just like the loss of profit to the copyright holder, loss of name, decrease within the sale of the copyright holder’s work etc.
The copyright holder will take criminal proceedings against the infringer.
The criminal remedy isn’t another to the civil remedy however is complementary to that.
Thus, the copyright holder will bring each civil and criminal proceedings at the same time.
Section 63[3], states that violation may be a criminal offense.
To sum up, the aim of copyright is to shield the rights of the creator and supply the incentives and economic advantages to the creator.
The scope of copyright extends to the literary or inventive works that demand ability as well as information and pc package.
The registration of labor isn’t necessary to be eligible for copyright but, it’s usually suggested to register the work as a result of it is associate degree proof within, If someone infringes the proprietary work of somebody then he is responsible for each the criminal liabilities and civil liabilities.
However, there area unit sure exceptions to the violation i.e. in sure cases someone isn’t needed to get the permission of the copyright holder to use his work. However, it’s perpetually suggested to supply the initial work and to not use someone’s proprietary work while not permission.
In David Pon Pandian v State, the Madras[4] supreme court, whereas handling section 68A of the Copyright Act, observed: The Court can take cognizance of the offense if the written record is filed within the number of limitation prescribed below Section 468 of the number twenty four.P.C and in computing the number of limitation, the date of commission of the offense is to be reckoned as a result of the place to start. If the written record is not crammed therefore, the Court has no power to entertain the grievance.
Conclusion
Though their area unit several copyright restrictions and problems, the understanding of copyright law and honest use dealings would direct us to use proprietary content for tutorial spare level of understanding of copyright issues that want to be formed during/ before procurement/subscription of any resources.
At this purpose, an agreement/contract/terms and conditions between involved parties on the acquisition of resources would play a major role in protecting the copyright of holders. As a supporter, the bibliothec often must educate his users regarding copyright problems and this could become one of the vital factors that would play a major role in the decline in copyright violations among library users. As per the Indian copyright act 1957, it’s terribly clear that neither the publisher nor the supporter is accountable for any infringement of proprietary material, however an individual UN agency is concerned within the activity of infringement is entirely.
References:
[1] Indian copyright act 1957
[2] Indian copyright act 1957
[3] Copyright act
[4] 2001 (2) ALT Cri 344, 2002 (24)
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