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Copyright

Meaning of Copyright:

Copyright is a right provided to the creator of original work which is an exclusive right for a limited period of time.   

Ownership:

First Owner:

1. Publications:

•    During the course of an agreement / contract, the publisher is the 1st owner.

•    In the absence of an agreement / contract, the author is the 1st owner.

2.  Photographs, Paintings, Portraiture, Engravings, Cinematography:

•    During the course of an agreement / contract, the publisher is the 1st owner.

•    In the absence of an agreement / contract, the author is the 1st owner.

3.  Speeches:

•    A speech when rendered on behalf of another person, the other person is the 1st owner.

In a nutshell the employer is always the 1st owner, if and when the work is developed in the course of employment which is usually covered by an agreement and / or contract.

Copyright exists in:

Copyright subsists in original literary, dramatic, musical and artistic works, cinematograph firms and sound recording.


Exclusive rights:

Copyright accords the exclusive rights to do or authorise the doing of the following in respect of a work or any substantial part of the work:

a.  as regards  a literary, dramatic,  musical work, artistic work, sound recording not being a computer programme:

•    To reproduce the work in any material form including its storage in any medium by electronic means.

•    To issue copies of the work to the public which are not already in circulation.

•    To perform and communicate the work to the public.

•    To convert the work into cinematographic films, translations, adaptations etc.

b.  as regards a computer programme to offer for sale or rental a copy of the computer programme.  

Term of Copyright Protection:

•    Generally, Copyright protection in most of the countries is for a standardised period of time which is, during the life time of the author.

•    After the death of the author, protection given is country specific. Kindly refer Copyright Act of  the respective countries where protection sought.

Berne Convention:

Internationally, copyrights are governed by the Berne Convention.  

Most of the countries are members to the convention to govern international copyrights, basically to provide protection world wide.

Benefit of the Berne Convention is that protection is provided to all member countries automatically and at par.  

Fair Usage:

Along with exclusive rights over the copyrighted material, Copyright law offers fair usage which means that limited use of the copyrighted material without acquiring prior permission from the right holders is permitted.

Moral Rights

Copyright law offers authors moral rights over their work which means, even after copyrights in a work being assigned to a third party the author still maintains the moral rights to the work from alteration, distortion, or mutilation.

 

 

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