Copyrights: Protecting creativity

  • Technical Articles
  • Apr 01,18
Parimal Kowtal explores evolution of copyrights and related rights and their importance. The legal right granted to the creator's of literature, music or artistic work in the form of painting, drawing, architecture, drama, music composition, recording, etc. The creation of original intellectual expression of the mind is usually referred as work and is copyright protected as soon as the work is created or comes into existence.
Copyrights: Protecting creativity

Parimal Kowtal explores evolution of copyrights and related rights and their importance.

The legal right granted to the creator's of literature, music or artistic work in the form of painting, drawing, architecture, drama, music composition, recording, etc. The creation of original intellectual expression of the mind is usually referred as work and is copyright protected as soon as the work is created or comes into existence.

The registration of the creation or work under copyrights act is optional. Formalities of registration need not be accomplished, though the option of registration is available in most of the countries. Registration of creation avoids disputes involving ownership, right to assign, and financial transaction. The creation or work is protected until the death of the creator and further upto 50 years after the death of the creator. The period of protection varies according to the National Copyright Law of the Country. The Berne Convention adapted by the country provides longer period of protection. On expiration of the protection period, the creation or work is available in Public Domain.

Generally available on the internet, the creation or work, need not be in Public Domain. Copying or reproducing the creation in any form may lead to copyright violation. Copyright law came into existence due to the invention of printing press in Great Britian. The British Parliament was concerned about the random and unregulated copying of books, hence the British Press Act came into existence in 1662 for licensing the printing press.

The creator of work is also protected by economic and moral rights under the copyright laws. The economic rights forbid unauthorised reproduction in various forms, distribution or sale, public performance, translation, adaption, conversion, broadcast and screenplay. Whereas the moral rights protect the integrity of the work by discouraging any modification without the creator's consent and recognising the creator. However, an individual may quote or reproduce copyrighted creation for noncommercial benefits like teaching, research and public sale not intended for economic gains.

Copyright is awarded to the creation or work involving substantial similarities in the creation by two or more creators. Here the uniqueness incorporated into the creation is taken into consideration and not the similarities or duplication which can be a matter of coincidence. Ideas or concepts cannot be copyright protected. The creation or work unconnected with the creation or work of the original author is protected by Related or Neighbouring Rights. Performers or artists like actors, singers, dancers, musicians, and producers of sound recordings, broadcasters are protected by related rights.

The WIPO Performance and Phonogram Treaty (WPPT) ensures adequate and effective protection to producers of sound recordings and performers or artists when disseminated through modern internet technologies.

The creations or works of an architect, sculptor, photographer, cartoonist, painter, choreographer, software programmer, cartographer and industrial designer are protected under copyrights and related rights along-with the creators of sketches, scientific and technical drawings.

A copyright holder may assign or transfer the copyright or grant non-exclusive license to copy or distribute the creation or work in a particular region for a specified time frame. It is impractical for the creator or performer to deal with the techno-legal aspects of licensing and assignment of agreements under the copyright and related rights act, rather than focusing on the creation or performance. The interests of the creator or performer is protected by the Collective Management Office (CMO) involved not only in managing licensing and assigning but also in negotiating deals, collection and distribution of payments.

Less than 10% of the printed material is accessible to low vision, visually impaired or print disabled fraternity. The Marrakesh Treaty adopted on June 27, 2013 by member states or contracting countries of World Intellectual Property Organization (WIPO) facilitates the access to the published works for the print disabled fraternity.

Parimal Kowtal is visiting faculty (IPR) in Department of Electronic Science, Savitribai Phule Pune University, Pune.

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