Copyright: Legal Rights for Creators

Study Notes

Copyright is a legal term that protects the rights of creators over their literary and artistic works.
The author has the right to enjoy financial and other benefits associated with their creation.
This protection is essential for rewarding creative efforts and protecting the interests of creators.
It can also protect corporate interests but has been critiqued for criminalizing legitimate use.

Copyright protects a wide range of creative works:
- Literary works: novels, poems, plays, reference works, newspaper articles, computer programs.
- Musical compositions, choreography, films.
- Artistic works: paintings, drawings, photographs, sculptures, architecture, advertisements, maps, and technical drawings.

The creator of the intellectual property (the author) is the first owner of the copyright.
In the context of employment, the employer is typically the first owner.
This ownership grants the author exclusive rights to use, reproduce, and modify their work.

The first known copyright law was the Statue of Anne, enacted in the UK in 1710.
The first copyright in the US was granted in 1790 to John Barry for the Philadelphia Spelling Book.

While there is no single "international copyright" for the entire world, most countries adhere to international conventions and treaties.
The Copyright Act of each country typically conforms to these international standards.
Key agreements include:
- The Berne Convention (1886)
- The Universal Copyright Convention (1951)
- The Agreement on TRIPS (1994)

In India, copyright protection is governed by the Copyright Act, 1957.
The Act initially came into force in 1958 and has since been amended several times to adapt to evolving circumstances.
The Act draws inspiration from English provisions but also introduces new ideas and concepts.
It establishes the Copyright Office and Copyright Board and provides for civil and criminal remedies against infringement.

The Copyright Act, 1957, grants copyright holders three primary types of rights:
- Statutory Rights: an exclusive legal right granted to the original author. It imposes a "negative duty" on others, preventing them from using the work without the author's consent.
- Economic Rights: allow authors to enjoy financial benefits from their work. They can license or assign these rights, either fully or partially, to others.
- Moral Rights: protect the non-economic interests of the author. Moral rights ensure the author's right to be identified with their work and prevent its distortion or modification without consent.

Copyright protection is automatic upon creation of a work, without the need for registration in most countries.
In India, the term of copyright protection for published literary, dramatic, musical, and artistic works is the lifetime of the author plus 60 years after their death.
Other categories have different copyright terms:
- Multiple authors: 60 years after the death of the last surviving author
- Anonymous and pseudonymous works: 60 years from the date of publication.
- Photographs, cinematograph films, and sound recordings: 60 years from the date of publication.
- Works of applied art and photographic works: a minimum term of 25 years from the creation of the work.

While copyright protection is automatic in most countries, registration systems can have practical benefits.
These systems can help resolve disputes over ownership, facilitate financial transactions and sales, and simplify assignment or transfer of rights.
In India, registration serves as prime fact evidence.