Saturday, June 2, 2018

DIFFERENT RIGHTS (Copyright in India explained)


Are copyrights same for all classes of works?
No. The rights vary according to the class of work.
What are the rights in the case of a literary work?In the case of a literary work (except computer programme), copyright means the exclusive right
  • To reproduce the work
  • To issue copies of the work to the public
  • To perform the work in public
  • To communicate the work to the public.
  • To make cinematograph film or sound recording in respect of the work
  • To make any translation of the work
  • To make any adaptation of the work.

Is translation of an original work also protected by copyright?
Yes. All the rights of the original work apply to a translation also.

Are computer programmes protected under Copyright Act?
Yes. Computer programmes are protected under the Copyright Act. They are treated as literary works.

Are there any special rights in computer programmes?
Yes. In addition to all the rights applicable to a literary work, owner of the copyright in a computer programme enjoys the rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.

What are the rights in a dramatic work?
In the case of a dramatic work, copyright means the exclusive right
    • To reproduce the work
    • To communicate the work to the public or perform the work in public
    • To issue copies of the work to the public
    • To include the work in any cinematograph film
    • To make any adaptation of the work
    • To make translation of the work.

What are the rights in an artistic work?
In the case of an artistic work, copyright means the exclusive right
    • To reproduce the work
    • To communicate the work to the public
    • To issue copies of the work to the public
    • To include the work in any cinematograph film
    • To make any adaptation of the work.

What are the rights in a musical work?
In the case of a musical work, copyright means the exclusive right
    • To reproduce the work
    • To issue copies of the work to the public
    • To perform the work in public
    • To communicate the work to the public
    • To make cinematograph film or sound recording in respect of the work
    • To make any translation of the work
    • To make any adaptation of the work.

What are the rights in a cinematograph film?
In the case of a cinematograph film, copyright means the exclusive right
    • To make a copy of the film including a photograph of any image forming part thereof
    • To sell or give on hire or offer for sale or hire a copy of the film
    • To communicate the cinematograph film to the public.

What are the rights in a sound recording?
    • To make any other sound recording embodying it
    • To sell or give on hire, or offer for sale or hire, any copy of the sound recording
    • To communicate the sound recording to the public.
What is the right of reproduction?
The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.
What is the right of communication to the public?
Communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion. It is not necessary that any member of the public actually sees, hears or otherwise enjoys the work so made available. For example, a cable operator may transmit a cinematograph film, which no member of the public may see. Still it is a communication to the public. The fact that the work in question is accessible to the public is enough to say that the work is communicated to the public.

What is an adaptation?
Adaptation involves the preparation of a new work in the same or different form based upon an already existing work. The Copyright Act defines the following acts as adaptations:
    1. Conversion of a dramatic work into a non dramatic work
    2. Conversion of a literary or artistic work into a dramatic work
    3. Re-arrangement of a literary or dramatic work
    4. Depiction in a comic form or through pictures of a literary or dramatic work
    5. Transcription of a musical work or any act involving re-arrangement or alteration of an existing work.
The making of a cinematograph film of a literary or dramatic or musical work is also an adaptation.

Can any person translate a work without the permission of the owner of the copyright in the work?
No. A person cannot translate a work enjoying copyright without the permission of the copyright owner.
Is there any copyright over news?
No. There is no copyright over news. However, there is copyright over the way in which a news item is reported.

Source: http://copyright.gov.in/documents/handbook.html


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