4.

9 COPYRIGHT

The concept of copyright encompasses the production of original works of authors in a wide range of
disciplines including literary, dramatic, musical, artistic, cinematographic, phonogram, and software. Upon
expiry of the copyright period, a work that has been copyrighted becomes a public domain. Copyright law's
primary purpose is to safeguard the original works of men and their associated rights. These rights include
rights to derivative works of the original work, as well as certain rights, including public performance,
recording and broadcasting rights.

4.9.1 Object of Copyright

A copyright covers the protection, recognition and promotion of the author's skills and capital. The
object of copyright law is to motivate the new ideas of the authors, composers, painters and artists and to
create the original work without the fear of exploitation of their work or matter. The copyright laws by
extending economic benefits to authorship encourages writing original works.

According to section 14 of the copyright Act,1957, copyright means the exclusive right to do or authorize
others to do certain acts in relation to:

(i) Creative works including literature, dramatic, music, and art.

(ii) Motion pictures; and

(iii) Audio recordings.

Copy Right is the type of intellectual property used to protect the original work of authorship so that
author can change in tangible format. The copyright work includes the novels, important files, songs, books,
etc.

4.9.2 Features of Copyright

Monopoly Right: The copyright of the work created by the author of the work limits the use of that work
by third parties.

Multiple right: Copyright encompasses multiple rights. It comprises a collection of various entitlements.
Various rights are involved such as the rights to adapt, reproduce, publish, translate, and communicate the
work to the public.

Negative Right: The nature of copyright is restrictive. It is within one's entitlement to prohibit others from
duplicating or replicating their creation.

Copyright as an Intellectual Property: Intellectual property includes copyright. The significance of

4.9.3 Copyright Laws

At a global scale, copyright protection is ensured through various conventions. According to the
regulations outlined in the WTO Agreement, complying with the TRIPS patent regime is necessary to engage
in multilateral trade. The Literary and Artistic Works of individuals belonging to countries that have ratified
the Berne Convention 1886, Universal Copyright Convention 1952, and the TRIPS Agreement 1994 are
safeguarded by copyright laws at a global level. The 1999 Rome convention is in place to safeguard the
interests of performers, phonogram producers, and broadcast organizations. The WIPO Copyright Treaty of
1996 stipulates that safeguarding is applicable to manifestations of originality and not to concepts, systems,
or mathematical formulas. The agreement acknowledges computer programmers as creators of literary
works.

Copyright Law of India

The 1957 Copyright Act entered into force on January 1, 1958. Since then, the Copyright Act has been
revised on four separate occasions. The 1957 Copyright Act is composed of 79 sections with fewer than 15
chapters, while the 1958 Copyright Rules consist of 28 rules divided into 9 chapters and two schedules. In
1994, a significant amendment was made to the Copyright Act 1957, which relates to computer software.
Article 14 of the Copyright Act stipulates that the making and distribution of copyrighted software without
appropriate or specific permission is prohibited.

Assignment of Copyright

In accordance with Section 18 of the Copyright Act, 1957, the author of an original copyright work
may assign the entirety or any part of its rights to others for economic exploitation for a fixed sum.
Alternatively, the author may license part or all of the rights to others, typically in the form of royalty
payments. The assignment may be unrestricted or restricted. Assignment of copyright is permissible only if
it is made in writing and is signed by either the assignor or their duly authorized representative. Registration
of assignment is not mandatory.

Term of Copyright

The copyright term for photographs, cinematographic films and sound recordings shall expire no
later than 60 years after the commencement of the calendar year (Sec. 25 to 26). For literary, musical,
dramatic or artistic works in which the author is an individual, the term shall be life plus sixty years.

4.9.4 Registration of Copyright (Sec.44)

The law states that the Copyright Office maintains a register, called the Copyright Register, in a
prescribed format, in which the name and title of the work, the name and address of the author, publisher,
and copyright owner can be entered. It is stipulated.

Challenges and Issues faced while filing Copyright

2. Information technology and technology have the potential to lead to the invention of inventors and
creators, which can have a positive impact on business. However, the growing software industry and the
protection of software technology are subject to complex and interconnected issues that include a
combination of copyright laws and trade secret laws.

3. The infringement of these laws is widely spread and can have a detrimental effect on legitimate businesses,
leading to their potential failure. It is a challenge for the inventor and the government to protect the harm
caused by the infringement.

4. In the case of copyright, there is still a great deal of controversy surrounding piracy in the fields of music,
sound recordings, photography and films, which can cause a great deal of economic loss, damage to the
reputation of the inventor, and harm to consumers receiving dangerous goods.

5. In the context of copyright infringement, most of the issues that arise include the protection of personal
data contained in search and seizure warrants during the course of the infringement investigation, the theft
of confidential data, and the unlawful use of a person's publicity such as photographs of celebrities for private
gain.

Copyright Law

Copyright is a legal right granted to a person or group of people to prevent others from reproducing,
adapting, translating, distributing or performing their work without permission from the person who created
it. The purpose of copyright is to protect and reward the work of authors, encouraging them to produce more
works on a regular basis. To be protected under copyright law, a work must meet the following criteria:

1. It must be original (original means the work was created out of inspiration, not copied from another
source).

2. It must be present in some tangible form (expandable, tangible, etc.).

3. It must be able to be identified in some fixed form/identifiable in its existence.

4. It must be published first (an original work should not have been published before).

5. In the event of the death of the author of a work published after the date of death, the author must
possess the citizenship of India.

6. Similarly, if the work is published outside of India, the author must be a citizen of India at the time
of the death.

Section 13 of Chapter III of the Indian Copyright Act grants protection to the following works:
1. There are pieces of literature.
 2. Musical compositions

3. Works of drama.

4. Creative pieces of art

5. Films created using the cinematograph.

6. Architectural creations

7. Recorded sounds

8. Technology that allows computers to perform specific tasks, consisting of a set of

4.9.5 Copyright Protection Exemption

Non-physical works, such as titles, names, acronyms, slogans, techniques, facts, symbols, or designs,
may not be protected by copyright law. However, trademark law may be able to provide some form of
protection for these works. Additionally, ideas or concepts, processes, and plans may be protected by patents
or trade secrets, but not by copyright law. Finally, works that are no longer in the public domain and works
that cannot be traced back to the original author are not covered by copyright law.
4.9.6 Rights of Author/Creator

Copyright is a set of rights granted to an author by the judicial authorities. According to the Indian
Copyright Act Section 14 of Chapter III and Section 57 of Chapter XI, the author has been granted certain
exclusive and specific rights. These rights can be classified into the following three categories:

Statutory Rights: Copyright law grants the original author an exclusive legal right to the creation of a
work. This right imposes a 'negative duty' on others that prevents them from using or obtaining benefit from
a work without the author's consent.

Economic Rights: The economic right allows the author to benefit from the financial benefits of the
work. The creator of the work can earn royalties by assignment of rights to others, either in full or in part.
According to international conventions, the following exclusive rights are generally granted to the original
copyright holder:

a. Adaption rights
b. Distribution rights
c. Public performance rights
d. Public display of works rights
e. Rental rights
f. Reproduction rights
g. Translation rights
 Moral Rights: Copyright law guarantees the creator’s intellectual property rights even after the
assignation of copyright work, whether in whole or in part, to third parties. Moral rights entitle the author
to have their name permanently affixed to the work and protect them from any misrepresentation or
alteration of the work or any other offensive conduct in connection with the work that would harm the
reputation of the author.

4.9.7 Copyright in Social Media

In order to protect the copyright content, Facebook generally allows users to report any issues related
to copyright. According to Facebook's copyright section, the FAQs will provide information on copyrights,
including information on how to protect one's own copyrighted works and how to avoid copyright
infringement. Additionally, Facebook has noted that laws in various countries may differ, and further
information on copyright law can be found on the website of the United States Copyright Office or WIPO.
Facebook has also made it clear that they are unable to provide legal advice. As for reporting copyright
infringement, Facebook has stated that it is a manual process and must be completed by the copyright owner.
If you believe someone is violating your copyright, you may submit a report by completing the form
provided, or by contacting our designated agent. Please ensure that a complete copyright claim is included
in the report. Additionally, prior to submitting a report, you may wish to submit a message to the individual
who posted the content to resolve the issue. It is essential to note that copyright infringement can only be
reported by the owner of the work or their authorized representative.

Therefore, if one believes that a post on Facebook has infringed another's copyright, they should take
the necessary steps to bring the matter to the attention of the rights owner. While Facebook is continuing to
develop its features, the copyright protection of other people's copyrights when posting to the platform is
still a work in progress. The Copyright Report Form (CRF) is a form that must be filled out by the copyright
owner in order for the incident to be reported to Facebook. This process is difficult to implement due to the
large volume of content published daily by users, as well as the nature of Facebook, which relies on
connecting friends to friends, meaning that if the content has not been published publicly, the copyright
owner may not be aware of it.