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given the creators of a wide range of material, such as literature,
art, music, sound recordings, films and broadcasts, economic
rights enabling them to control use of their material in a
number of ways, such as by making copies, issuing copies to
the public, performing in public, broadcasting and use on-line.
It also gives moral rights to be identified as the creator
of certain kinds of material, and to object to distortion
or mutilation of it. (Material protected by copyright is termed
a "work".) Copyrights protection is automatic as
soon as there is a record in any form of the material that
has been created, Under the Indian Copyright Act there is
a provision to register copyright although this is voluntary.
Creators can also take certain steps to help prove that material
is this. The law of
copyright provides the legal framework for the creation
of works by the major cultural industries, the publishing,
film, broadcasting and recording industries, and the computer,
software industries. The object of copyright law is to
encourage authors and owners to create original works by
rewarding them with the exclusive right for a limited period
to reproduce the works. The copyright law is to protect the
author of the copyright work from unlawful reproduction or
exploitation of his work by others.
The Indian Copyright Law, Copyright Act 1957 provides
for the setting up of a copyright office under the
control of Registrar of Copyright, for the purpose of
registration and other function. A body called Copyright
Board was created under the Act, authorized to deal with
certain kinds of disputes pertaining to copyright.
Copyright is a right given to or
derived from any works, and it is not a right in novelty of
ideas. It is based on the right of an original owner to
prevent another person copying an original work. The
Copyright Act, 1957 protects original literary, dramatic,
musical and artistic works and cinematograph films and sound
recordings from unauthorized uses. Unlike the case with
patents, copyright protects the expressions and not the ideas.
There is no copyright in an idea. Copyright does
not ordinarily protect titles by themselves or names, short
word combinations, slogans, short phrases, methods, plots or
factual information. Copyright does not protect ideas
or concepts. To get the protection of copyright a work
must be original.
Copyright protects the rights of
authors, i.e., creators of intellectual property in the form
of literary, musical, dramatic and artistic works and
cinematograph films and sound recordings Ordinarily the author
is the first owner of copyright in a work.
The owner of the copyright in an existing work or the
prospective owner of the copyright in a future work may
assign to any person the copy right either wholly or
partially and either generally or subject to limitations and
either for the whole term of the copyright or any part
thereof. It shall be in writing signed by the assignor or by
his duly authorized agent. It shall identify the specific
works and specify the rights assigned and the duration and
territorial extent of such assignment. It shall also specify
the amount of royalty payable, if any, to the author or his
legal heirs during the currency of the assignment and the
assignment shall be subject to revision, extension or
termination on terms mutually agreed upon by the parties.
In India computer programme and computer databases are
considered as literary works under the Copyright Act.
Copyright subsists in a computer programme provided
sufficient effort or skill has been expended to give it a new
and original character
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