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The Law of Copyright governs the legal rights granted to creators for their original works of authorship. These works can include literature, music, art, films, software, and other creative expressions. Here’s a brief overview:
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🔹 What is Copyright?
Copyright is a form of intellectual property law that protects original works of authorship fixed in a tangible medium of expression. It gives the creator exclusive rights to:
Reproduce the work
Distribute copies
Perform or display the work publicly
Create derivative works
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🔹 Key Elements
1. Originality – The work must be the result of the creator’s own skill, judgment, or creativity.
2. Fixation – The work must be fixed in a tangible form (e.g., written, recorded, filmed).
3. Protected Works – Includes books, songs, paintings, movies, software, architectural designs, etc.
4. Exclusions – Copyright doesn’t protect ideas, facts, procedures, slogans, or titles.
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🔹 Duration of Copyright
India: Generally, copyright lasts for 60 years after the death of the author (posthumous period) for literary, dramatic, musical, and artistic works.
For other works (like sound recordings or films), it is 60 years from publication.
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🔹 Indian Copyright Act, 1957
India’s main law on copyright is the Copyright Act, 1957, amended several times (latest in 2012). Key features include:
Moral rights of authors (right to claim authorship and object to distortion).
Provisions for fair use (education, research, criticism, review, etc.).
Compulsory licenses for public interest.
Protection for digital works (under WIPO treaties).
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🔹 Infringement and Remedies
Infringement occurs when someone uses a copyrighted work without permission. Remedies include:
Injunctions
Damages or accounts of profits
Seizure and destruction of infringing copies
Criminal penalties (in certain cases)
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🔹 International Protection
India is a member of key international treaties:
Berne Convention
WIPO Copyright Treaty
TRIPS Agreement (under WTO)
These ensure that Indian authors get protection in other member countries and vice versa.
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If you want a detailed description of any specific topic under copyright law (e.g., fair use, digital rights, software copyright, recent case laws), feel free to ask!
Binding | Hardbound |
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Language | English |
Publisher | Whitesmann Publishing |
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