Skip to main content

Copyright and its History

 Copyright and its History

Copyright is the document that gives protection to the original work of the authorship. Any author puts in a large amount of time in developing his work, it involves a lot of research and imagination. . This showcases that it becomes very important for the author to preserve these documents from any copying of the work. The copyright includes books, poems, blog posts, movies, architectural work, plays computer programs, recordings, etc.

In copyright, everyone is the copyright owner, once an original work is created by the author and the owner. The ownership is made by the works made for the hire, it states that the work made by the employee within the scope of employment is owned by the employer.  This doctrine also applies to certain independent contractor relationships for certain types of commissioned works. 

The history of copyright in India dates back to 1847 which was established during the East India company's regime. According to the 1847 enactment, the term of copyright was for the lifetime of the author and 7 years post mortem.  It should also be kept in mind that this period can not exceed forty- two years in this era it was seen that compulsory license was also granted, compulsory license is given to the owner of the copyright, upon the death of the author, refused to allow its publication. 

In 1914, the Indian legislature has enacted a new copyright act. This act extends to most portions of the united kingdom copyrights of 1911 to India. In this act there were a few amendments to this act which includes criminal sanctions for copyright infringement (sections 7 to 12) .second modification was introduced to modify the scope of the term of the copyright under section 4 the 'sole right 'of the author to" produce, reproduce perform or publish a translation of the work shall subsist only for ten years from the date of the first publication of the work .'

Before the act of 1957, copyright was governed by the copyright act 1914, which was an extension of the British copyright act, of 1911. The act was further amended in any years, like in 1983, 1984,1992,1994, and 1999.  In 2012, both houses passed the copyright amendment bill.

Their various amendments, in the act 2012 listed as, amendments to rights in artistic works, cinematograph films, and sound recordings, in this the amendments were made to clarify the rights in artistic works, cinematograph films, and sound recordings.  It provided the right to reproduce an artistic work, to make a copy of cinematography.

The second major amendment was related to WCT and WPPT, article 11 of the TRIPS agreement, Article 7 of WCT, and Article 9 of WPPT are to provide for ' commercial rental 'rights. Section 14 (d)and (e) concerning cinematograph film and sound recording respectively were replaced with the term " commercial rental". Section 18, through amendment act 2012, provides that the author of a literary or musical work. There were various other amendments such as grant of compulsory licenses, grant of statutory licenses, administration of copyright law societies, fair use, etc.   Not just section 53 and section 11 were also amended.




  
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more