ISO 9001:2015

COPYRIGHT LAW IN INDIA: AN OVERVIEW

Literary and artistic creation is a unique feature of human beings.  This intellectual creativity has been recognized and protected by law in the form of copyright. It is an exclusive right given by law for certain term to an author, composer etc. to print publish and sell copies of his original work.  God gifted to a human being is observation and thinking power which lead human to do huge amount of search physical and biological resources on the earth. With using this imagination and creativity, human has been producing many arts or products for changing needs of his and society’s interest comfort and convenience which is important for economic development of country. Intellectual property includes patents, Designs, Trademarks, copyrights, confidential information and industrial. We have already noted that there was no concept of copyright in India until the Mughal period, and it was the arrival of the British on the Indian soil that brought the concept here. Copyright is a creation of the statute. No person is entitled to copyright or any similar right in any work except those provided under the copyright Act.  Copyright law is in essence, concerned with the negative right of preventing coping of physical material existing in the field of literature and the arts. Its subject is to protect the writer or the creator of the original work from the unauthorized reproduction or exploitation of his materials. The right also extends to prevent other from exercising without authority any other form of right, attached to copyright. The law of Copyright Act, 1957 has been giving protection to literary dramatic or musical works, artists, cinematograph film and sound record. The doctrine of ubi jus ibi remedium i.e. where there is right, there is remedy, is well established principle, which is also applicable in copyright law.  In this paper the author focus on the laws of copyright in Indian aspect.

 

Keywords: Copyright, Intellectual Property, Ownership, Globalisation, Infringement, Materialistic.


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