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Copyright Act 1957

Copyright is an exclusive right to reproduce an original work of authorship fixed in any tangible medium of expression to prepare derivative works based upon original work, and to perform or display the work in the case of musical, dramatic, choreographic and sculptural works.

Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principles, or discovery, regardless of the form in which it is described, explained or embodied.

Rather copyright protection is limited to an author’s particular expression of an idea, process, concept, and the like in a tangible medium.

The exclusive rights granted to copyright owner do not include the right to prevent others from making fair use of the owner’s work. Such fair use may include use of work for the purpose of criticism, comment, news reporting, teaching or education and scholarship or research.

The nature of work, the extent of the work copied, and the impact of copying on the work’s commercial value are all considered in determining whether an unauthorized use is a “ fair use”.

Originality is the Key to Copyright:

To secure copyright protection, the work in question must be in original work of authorship fixed in tangible medium of expression. Works of authorship that fall within the definition shall include:

Literary works (including computer programs)
Musical works and accompanying lyrics;
Dramatic works and dialogues;
Choreographic works;
Pictorial, graphic and sculptural works;
Motion pictures and other audiovisual works and
Sound recordings.


The test for the originality of a work is usually two-pronged.
First, the work of authorship must originate from the author, in the sense that the author must have actually independently created it and not copied from other woks.

Second, the work must contain a sufficient amount of creativity so as to be more than trivial.
To be copyrightable, a work must be “ fixed in a tangible medium of expression. A work is fixed when its embodiment in a tangible medium is sufficiently permanent or stable as to permit it to be perceived, reproduced or otherwise communicated for a period of time that is not transitory.


Exceptions:

Copyrights shall not be applicable if the user pays the price of the value to the owner when he purchases from the author. Eg: Mr.Swarup paid Rs.100 cores to Mr. M.F.Hussain for collection of 100 paintings.

When the work is done at the instance of some one and that person pays for the work when the work is complete. Eg: Mr.Subhash Gai pays the music composer the consideration for the music composed.

Play back singers, lyricist, music composers, dialogue writers too loose their right if they are paid off by the producers except if they enter in to an exclusive agreement of copyright protection for the payment of royalty.

Authors in contractual employment of service, appointment are subject to terms of employment.

Authors in Government employment, government undertaking, exclusive employment to conduct Research & Development Eg; BARC, IITs, IIMs, TISS etc.
 
Copyright Act 1957

Copyright is an exclusive right to reproduce an original work of authorship fixed in any tangible medium of expression to prepare derivative works based upon original work, and to perform or display the work in the case of musical, dramatic, choreographic and sculptural works.

Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principles, or discovery, regardless of the form in which it is described, explained or embodied.

Rather copyright protection is limited to an author’s particular expression of an idea, process, concept, and the like in a tangible medium.

The exclusive rights granted to copyright owner do not include the right to prevent others from making fair use of the owner’s work. Such fair use may include use of work for the purpose of criticism, comment, news reporting, teaching or education and scholarship or research.

The nature of work, the extent of the work copied, and the impact of copying on the work’s commercial value are all considered in determining whether an unauthorized use is a “ fair use”.

Originality is the Key to Copyright:

To secure copyright protection, the work in question must be in original work of authorship fixed in tangible medium of expression. Works of authorship that fall within the definition shall include:

Literary works (including computer programs)
Musical works and accompanying lyrics;
Dramatic works and dialogues;
Choreographic works;
Pictorial, graphic and sculptural works;
Motion pictures and other audiovisual works and
Sound recordings.


The test for the originality of a work is usually two-pronged.
First, the work of authorship must originate from the author, in the sense that the author must have actually independently created it and not copied from other woks.

Second, the work must contain a sufficient amount of creativity so as to be more than trivial.
To be copyrightable, a work must be “ fixed in a tangible medium of expression. A work is fixed when its embodiment in a tangible medium is sufficiently permanent or stable as to permit it to be perceived, reproduced or otherwise communicated for a period of time that is not transitory.


Exceptions:

Copyrights shall not be applicable if the user pays the price of the value to the owner when he purchases from the author. Eg: Mr.Swarup paid Rs.100 cores to Mr. M.F.Hussain for collection of 100 paintings.

When the work is done at the instance of some one and that person pays for the work when the work is complete. Eg: Mr.Subhash Gai pays the music composer the consideration for the music composed.

Play back singers, lyricist, music composers, dialogue writers too loose their right if they are paid off by the producers except if they enter in to an exclusive agreement of copyright protection for the payment of royalty.

Authors in contractual employment of service, appointment are subject to terms of employment.

Authors in Government employment, government undertaking, exclusive employment to conduct Research & Development Eg; BARC, IITs, IIMs, TISS etc.

Hey sunand, thanks for sharing this article on the copyright act. Well, copyright is a bunch of rights provided by the law to the makers of fictional, dramatic, musical and artistic works and the makers of cinematography movies and audio recordings. I am also including a document which will explain it in more detail.
 

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