Human species capability and a high intellect go beyond imagination time and time again since the origin. Over a long period of time, it was felt that such intellectual creation shall be safeguarded and exclusive rights must be provided to the creator. When a person creates a fiction or art or some kind of musical composition, the copyright promises exclusive rights over that content to the creator. Copyright provides absolute rights of use and its distribution for a specific period of time. The Copyright Office of India controls, handles and maintains copyright protection at a central level. With the innovation in technology, new and different types of content creation are now possible and popular. The style and content of artistic creation might have changed yet the true nature of copyright remains the same.
What is Copyright Protection?
Copyright is the absolute rights of ownership provided to the creator. The creation may be of many kinds not limited to literary art or a musical composition or some kind of architecture etc.
Copyright basically protects the expression of ideas viz. original art or creative effort. In India, the exclusive rights of creation are governed by The Copyright Act of 1957 (last amended in 2012). The absolute rights over the creation give the creator an authority to control the rights of use, distribution and commercialization of the same for a specific period of time. Copyright in India is provided by the copyright office of India that is, the central law provides territorial rights to the creator and the rights cannot be extended beyond this jurisdiction. India is a member party of various international treaties like Berne Convention or Rome convention or the TRIPS too. The laws of copyright in India are also equalised through these conventions.
Why should you get your creation under Copyright Protection?
Copyright provides an absolute right to use viz.right to reproduce, distribute and translate the same into different languages. The security provided by copyright to efforts of someone’s art or creativity creates a situation which tends to encourage creativity, which inspires people to create more and acts as a motivator to create more. It is a well-established fact that economic as well as societal development is dependent on innovation and creativity.
Copyright can be applied to a vast range of creative, intellectual as well as artistic works not limited to poems and poetry, drama, musical compositions, paintings, cinematographic works, computer software as well as hardware wherein the requirement includes a minimum level of creativity. As the exclusive user of rights or the owner of the creation, you are accorded with certain rights like the right to produce your own work viz. You can produce and distribute your own creation as you deem fit; or you can create another form of your original creation, also display and publicize your efforts to the general public as well as you can perform your own work in a public event like an exhibition or a concert. You can also attain economic benefits by monetizing your copyrighted work. You are the creator, and you hold the rights for a certain time period which cannot be lost until you give them up. The copyright for a literary work exists for the whole life of the artist and beyond that viz. 70 years beyond the artist’s life. In India, there are certain spheres of work for which one cannot claim copyrights like facts, ideas, systems and methods of Operations.
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