Development of
Copyright acts and proceedings in India:
"Development of
Copyright right from the British empire to step by step development of copy
right is discussed in this blog forum".
Development of Copyright acts in India:
Development of Copyright acts is
existed to prove it as an exclusive right and restrain others to do the same
type of literary work. Copyrightregistration gives the exclusive right offering to its owner. The word
Copyright derived from the expression “Copy of words”. This context initially
used in the year 1586. Copy the term connote the manuscripts and other matter
of paper preparing in the printing. Copyright is considering as the exclusive
right to dispose of sell and commercially exploit an intellectual work.
It can occur at any form. By
means of printing, lithography, graphic production, copying moulds, casts,
photography, a cinematograph film, gramophone record, roll for mechanical
instruments, concert, oral, delivery, direction and recitation. Otherwise,
theoretical representation, adaptations are also coming into this category.
Copyright is made up of all the legal principles and rules envisaging in the
field of art and literature.
Development of copyright law from history:
Copyright filing restrain other from the doing certain acts in
relation to a literary work. Works on legal subject and nothing would be
accepted as infringement of this right if what is sought to be done, by the
defendants. India having been a British possession, the law relating to
copyright was applied by the courts as was found in England. So, it is
important to trace the historical development of this branch of law in that
country. In those days royal license is the sole eligibility to avail the
privileges. By common law, a book seller can recover no more costs that have he
can prove damage.
Any book or literary composition
has the sole right of first printing or publishing the same for sale; it may
bring action against any person who prints, publish or sell the same without
his consent. The law does not take away his or her rights upon the printing and
publishing of such literary works. The exertion of the rational power the
individual in the form of original work is protecting under the copyright.
Special provisions for universities:
In 1775, act enable the
universities to have a copyright to all the copies given in or bequeathed to
them or which might be there after given to or acquired by them in perpetuity
was enacted. The authors were given a copyright for whole of their residuary
lives instead of fourteen years by varying the term of copyright by the
enactment of copyright registration
act 1814. All these enactments are replaced by the copyright act 1842. However,
it was held to applicable to all parts of India. The forty-two years of long
term applicable in terms of the act. Later, it is replacing the copyright act
1911.
The copyright act 1911 of England
was extended to India as part of his majesty’s dominions, other than self-
governing dominion and was brought into force by a proclamation of October
1912. The Indian legislature however, has a very limited power and jurisdiction
conferred by upon it by the copyright sections. This state of law continued
till India attained independence on 15th August 1947.
Development of Copyright after independence:
Newly created dominion offers
full powers to make laws having extra-territorial operation. Sub section 2
reversed as it were the provisions of sec 2 of the colonial laws validity act,
1865 which ran any colonial law which is repugnant to any act of parliament
extending to the colony to which law relates as per the sec 18(2) of the copyright registration act norms. No
law and no provision of any law made by the legislature of either of the
dominions shall be void or inoperative on the ground that it is repugnant to
the law of England.
Acting in pursuance of the powers
conferred by the copyright act of 1914 was adapted through a portion emanated
from the Indian legislature. As per the core of the copyright the creative
intelligence of a man is displayed in in multiform in the way of aesthetic
expression that operative one with the economic system. India is a member of
the two international conventions of copyright namely, the Berne convention and
Universal Copyright Convention.
Use of revised conventions:
Both these conventions were
revised at Paris 1971. These revised conventions provide for certain additional
facilities to enable the developing countries to grant compulsory license for
translation and reproduction of works of foreign origin required for purposes
of teaching, scholarship or research and instrumental systematic activities.
The working act of copyright filing also
revealed certain lacuna and administrative drawbacks. Especially in relation to
the production of author’s right.
There is also no provision in the
act at present for the publication of unpublished works of an Indian author who
is either dead or unknown who is not traceable. To provide for compulsory
licensing of the reproduction is on any edition of a foreign literary,
scientific or artistic work for the purpose of systematic instrumental
activities. After the expiry of certain periods from the first publication the
copies are not available in India. As per the subject matter, reasonable price
is charging for the product.
Development of reasons in the objection of copyright:
Piracy is the global problem due
to the rapid advance of technology. It has assumed alarming proportions all
over the world in copyright filing.
Each and every country is trying to meet the challenge by taking stringent
legislative and enforcement measures. Problem of piracy and the necessity for
taking sufficient anti-piracy measures were also voiced by members of the
parliament act the time of the consideration of the bill. Mainly there are
three types of piracy will occur on the process of objection.
They are Printed word, piracy of
sound recording and piracy of cinematograph film. The object of the pirate in
all such cases is to make quick money and avoid payment of legitimate taxes and
royalties. The emergence of new techniques of recordings, fixation and
reproduction of audio programme combined with technology greatly helped the
pirates. The act of infringement increases the punishment of imprisonment and
penalty.
Conclusion:
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