There are three main methods of human life - art, culture, literature. These sciences are directly related to the intellectual skills of the human being and their creation depends on the intellectual consciousness of the person. We also call these genres as gifts from God. Through all these disciplines, a person gets fame in the world and this is the reason why every person wants to keep all these disciplines intact. Thus, no person in the world wants anyone else to copy his intellectual style. Intellectual skill is a privilege of any person.
This right has been protected in Indian law, the law by which intellectual property has been protected is called Copyright Law.
This Act will be called the Copyright Act, 1957. It will spread all over India. This Act will come into force on such date as the Central Government may appoint by notification in the Official Gazette. This Act has been implemented from January 21, 1958. The main objective of the Copyright Act is to protect the copyright owner from dishonest manufacturing and to prevent the tendency to gain illegal profits.
Garware Plastic and Polyester Ltd. Bombay vs I. In the case of Telelink (A.I.R. 1989 Bombay 33), it has been said by the Bombay High Court that the main objective of the Copyright Act is to prevent unauthorized use of the rights of the copyright owner by other persons and to provide them protection. Copyright law not only protects the commercial rights of an individual but also protects his social interests as seen in the case Pengeon Brooks Ltd. England v. Indium Book Distributors A.I.R. Has been decided in 1985 Delhi 68. Therefore, Copyright Act has an important place among intellectual laws.
Rules of Interpretation of Copyright Act
Following are the main rules of interpretation of the Copyright Act:
(i) Where the language of the Act is clear and unambiguous, the meaning should be given accordingly.
(ii) Only the literal and actual meaning of words should be accepted.
(iii) Words should be given the same meaning in the context in which they are used.
(iv) While interpreting, attention should be paid to the substance of the document and not to its form.
(v) Importance should be given to the intention of the legislature while interpreting the words.
(vi) The interpretation should be made in such a way that it does not encourage mischief.
(vii) Words should be interpreted harmoniously.
In the case of Swedish Mech AB v. Securities and Exchange Board of India, it has been held by the Supreme Court that different rules of interpretation should be used when the words of the statute are vague and ambiguous. Where the words are clear and unambiguous, rules of interpretation should not be applied.
Meaning and definition of copyright
Copyright is called copyright in English language. The origin of the word copyright is from the word copier of words. The word copy means handwriting. The main definitions of copyright are as follows-
1. According to Roman law, when a person writes something on a paper, the owner of that handwriting is considered its author.
2. According to Oxford Dictionary, copyright is the sole right of an author, artist etc. by which he can print, publish or sell copies of the original.
3. According to Section 14 of the Copyright Act, 1957 - For the purpose of this Act, 'copyright' means to do or to authorize the doing of any of the following things in relation to a work or any substantial part of it: Have exclusive right i.e.-
(a) in the case of a literary, dramatic or musical work, not being a computer programme, to do or authorize the doing of any of the following things, namely:-
(1) Reproducing the work in any substantial form, including its reproduction in any medium by electronic means,
(ii) Publishing the work,
(iii) To present the work publicly,
(iv) producing, reproducing, presenting or publishing any translation of the work,
(v) making any cinematographic film or record in relation to the work,
(vi) Making any adaptation of the work,
(vii) To do any of the things mentioned in clauses (i) to (iv) in relation to the work in relation to the translation or adaptation of the work:
(b) in the case of a computer program-
(i) To do any of the things mentioned in clause (a).
(ii) Selling or renting or offering for sale or rental any copy of a computer program, irrespective of whether such copy has been sold or rented on previous occasions.
(c) in the case of an artistic work, doing or authorizing the doing in respect of any of the following acts, namely:—
(i) reproducing the work in any substantial form,
(ii) To communicate the work to the public,
(iii) Publishing the work,
(iv) Incorporating the work into a motion picture film,
(v) Making any adaptation of the work,
(vi) to do such things in relation to the adaptation of the work as are mentioned in clauses (i) to (ii) in relation to the work;
(d) in the case of a cinematograph film, doing or authorizing the doing of any of the following acts, namely:—
(i) Making a copy of the film,
(ii) To cause a film to be shown publicly in so far as it contains visual images and to be heard in public in so far as it contains sounds, by selling or renting a copy of the film.
(iii) To communicate the film through radio broadcasting.
(e) in the case of any record, using that record to do or authorize the doing of any of the following acts, namely:-
(1) Making any other record incorporating the same recording.
(11) Making any other record incorporating the record.
(iii) To communicate the sound contained in a record by radio transmission.
It is clear from the above definition that copyright exists not only in books but also in texts related to literature, drama or singing, art, cinematograph films and records. This is a negative right for the purpose of preventing copying of existing or presented original material in the field of literature and art etc. This right is given with the aim of protecting the interests of authors or artists so that no one can unfairly copy their material. The meaning of copyright does not provide the right to do something, rather it prevents other people from doing something. Originality is the essence of this right.
Essential elements of copyright
Following are the essential elements of copyright:
1. The creation should be innocent -
Copyright rights cannot be claimed in any publication having an irreligious, immoral, defamatory or indecent character. Therefore the composition should be pure and innocent. It should not contain any description of seditious, rebellious, immoral, obscene and false facts.
2. The creation should be valuable -
The object of the law is to protect the useful book. Copyright is not available in relation to any idea. If a work is not substantial or contains such things which are harmful for the society, then there is no copyright on such work. Whether any composition is meaningful or meaningless, whether the art of writing, knowledge and hard work is displayed in it or not, depends on the composition. In the decision of Shailendra vs. Chanika, the court has said that what amount of knowledge, hard work, judgment or literary art should be displayed by the author in his book so that he can get copyright in relation to his creation under the Act of 1911, right - Cannot be told correctly. This should be seen from different perspectives in each case. The Copyright Act of 1911 is based on the principle that "no one shall steal".
3. The composition should be original -
Even if there is a little bit of originality in a book, its author is considered the author and gets copyright rights. Copyright is considered to be infringed when someone uses the written material in his own name without the permission of the author of a work or someone does such a work which the author of the work has the sole right to do under the Copyright Act. The plaintiff must prove that his copyright has been infringed by extending the title of his copyright.
Features of copyright
The main features of copyright are as follows-
1. Rights created by law -
Under the Copyright Act 1957, the owner has been given the right to take action to stop the defendant from publishing the works. No person shall, save in accordance with the provisions of this Act or any other law for the time being in force, be entitled to copyright or any similar right in any work, whether published or unpublished.
2. Right to variety of intellectual property -
Intellectual property can be divided into four parts –
(1) Trade mark,
(ii) Trade name,
(iii) patent rights, and
(iv) Copyright. Thus, copyright is a type of intellectual right.
3. Patent rights -
The right to publish and make copies of a work solely and exclusively is called copyright. If this right is violated, remedies are available to its owner through the Act.
4. Negative rights –
Negative rights means rights of restrictive nature. This prevents copying or printing other copies. For the purpose of preventing copying, this is called negative right.
5. Polynomial Rights)-
Copyright in itself is a multiple right. Its scope is not limited to copying or copying, but extends to literature, plays or singing texts, art, cinematograph films and sound recordings.
6. Rights against persons of other nations -
The demand for copyright can be made not only against Indians but can also be made against people of other nations.
7. Neighboring Rights – Copyright is not limited to the original composition or the original recording, but all the rights related to architectural works, cinematograph films, sound recordings are known as neighboring rights.
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