Copyright Issues

By:- Deergha

B.A.LLB 3rd Year

New Law College

Bharati Vidyapeeth (Deemed to be University)

Pune, Maharashtra

Copyright is based on the General Principle of Law. This act gives legal rights to the originator i.e. provider over his creation like writing, film, musical material etc. for a fixed number of years. Anyone who has a copyright can copy, sell or use his writing or work in any way. It is based on a common law principal.

It aims to reward the originator for creating new things and enjoying the fruits of his labor and encouraging creative activities in the society.

When is copyright infringement considered?

The originator has full legal rights on any writing, content, song and film etc. If someone makes personal use of such content, then it is permissible under the legal framework. However, its dissemination and use for commercial purposes will be considered a copyright infringement.

Is it permissible to take part or part of any content?

No content may be used commercially without the permission of the copyright holder. Permission is not required for personal use. For example, if a person reads or teaches a book for the sake of knowledge or does Riyaz with a song, then he is right.

If some part of any writing, poetry or poem is used for the purpose of review or to explain the report or article, then it will be covered under the purview of fair dealing. The use of any material for private use is not an infringement of copyright under Section-52 of the Copyright Act.

If there is any content or photograph or any other material on the Internet, to what extent can others use it?

Any content whose private use by any person will not be considered a violation of the Copyright Act. But it cannot be publicized. If a person wants to use photographs or any other material lying on the net etc. in the public domain, then permission will have to be taken from the author or the originator and for this he will have to pay royalty. If permitted by the copyright owner, they will have to give credit for photographs etc.

Where should we be alert?

Any such content, which is in the public domain or whether it is on the net etc. or in the form of writing etc., cannot be disseminated in public. Or it cannot be used for commercial purpose without permission. No material may be used without the permission of the copyright holder. Yes, a use that is within the bounds of fair dealing can be.

How long does copyright of any originator last?

Usually the right of the originator i.e. the author and the provider is the legal right of copyright on his work for 60 years after his death. no anymore.

Sometimes a mistake can happen unintentionally, How to avoid it?

This can be understood by example. If a person uses a picture of a celebrity or uses a song or photograph for the promotion of his business, etc., then it will be a copyright infringement. If a jewelry designer has designed a piece of jewelry and someone after seeing it in a party has copied and branded it, then it can be a copyright infringement.

What is the punishment for the guilty under the Copyright Act?

If found guilty of violating the Copyright Act, there is a provision of imprisonment of up to one year.

Can a case be filed for compensation also?

There is a civil provision for this. Damage claim can be made in case of copyright infringement. Damage can be claimed according to the profit earned by someone by infringing the copyright.