Anjali Raj, Chanakya National Law University
ABSTRACT
The term “ Copyright” is made up of two words :- Copy + right which means right to copy . Copyright is a different form of Intellectual Property Rights. IPR are the rights which are granted to the intellectual work ,i.e , work created by one own’s intellect/human minds/ labor. Copyright has been defined under section 13 of Copyrights Act 1934. Copyright is the right which is granted exclusively to the owners of the property to protect the original work from copying , repetition or other unethical use or exploitation of the original works1. Copyright subsists in – a) Original literary works b) Dramatic Works C) Musical and artistic works D) Cinematographic Films and E) Sound Recording F) Typographic work G) Broadcasts . Copyright do not protect the ideas but it protects the expression of ideas, which must be tangible. It is always concerned with the originality of expressions of thought rather than expression of originality of ideas. Copyright has limited time duration . The Copyright protection can exists for 60 years after which it will come under the public aspect. Since the original work is for public domain , the public cannot be denied of the use of original work2. Therefore copyright law tries to maintain balance between the rights of copyright owner and public access to the original work. Just as every asset needs protection from misuse or unethical utilisation by any person , similarly every original work prepared by the author needs certain protection from being mutilated, distorted , copied or any unethical use of the work by any person in public domain. Therefore under the copyright laws prevailing in India , every author is granted certain rights so as to protect their originality of work from unethical use . We are very well aware of the fact that “ copyright are sets of rights .” This statement literally means that copyright alone provides three types of rights , which are “ ECONOMIC RIGHTS” , “ NEIGHBOURING RIGHTS” and “ MORAL RIGHTS “. Economic rights are negative rights i.e these are rights preventing other from using the authorised work and in case of violation there should be claiming of compensation. It is also known as exclusive right. The rights which are granted for exploitation of one’s own work by people in public domain especially the entrepreneurs and the purpose of this exploitation is earning money are Economic rights .These rights are said to be granted when the author sells his own work to other people and once the work is given into another hands , the author loses his authorship or he loses the right to interfere in the exploitation of the work . NEIGHBOURING RIGHTS are those rights which originated due to advancements in technologies Author’s moral rights occupies its position under section 57 , i.e Special Rights of the author under the Copyright Law . Moral right or “ DROIT MORAL” took its birth from the French civilization and law . These rights illuminates the character of the author , i.e , to know about the ideas and expressions of the Author by his authorised works. Moral rights are the only rights which are available even after the work has been assigned to any other person . Under the moral rights law , the author of the work can make claims when he finds that there has been some moral infringement of his rights.
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