Author Name:   ruchiaggarwal@legalservicesindia.com

Internet service provider’s liability for infringement of copyright in works disseminated over the Internet without authorization has been a most vexed issue over recent years. Many countries around the world have dealt with this issue either through their legislative provisions or judicial pronouncements. No doubt the amendment to Section 79 of the IT Act, 2000 is a laudable effort and has significantly clarified the position regarding immunities available to Internet Service Providers...

 Competition Law vis-a-vis IPR rights
Technology backed enterprises are based on information and knowledge. Starting from Ford Cars to Microsoft Software are the product of knowledge and its organized application. Information and knowledge is protected by law on Intellectual Property Rights (IPRs)....

 Indian Copyright Software:
In India, the Intellectual Property Rights (IPR) of computer software is covered under the Copyright Law. Accordingly, the copyright of computer software is protected under the provisions of Indian Copyright Act 1957. Computer program are literary works under the definition in the Copyright Act. A “computer program” is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. Copyright for computer programs prohibits copying of program structure and design. The graphics, sounds, and appearance of a computer program also may be protected as an audiovisual work; as a result, a program can infringe even if no code was copied.


   Author's moral Right:
When an artist creates, he expresses an opinion. Whether it is in the form of a painting, a photograph, a motion picture or in any written form, that opinion is of the artist, by the artist, and must be protected. In this, who and what entity financed or provided the means for its production should have no bearing and no relevance to the determination of ownership in the opinion produced....

 Copyright:
Over-zealous copyright laws have an adverse effect on the freedoms of consumers and creators to make use of copyrighted material. By ascribing the characteristics of tangible property to intangible property, copyright laws are fomenting an “intellectual land grab”, as values of intangibles increase and authors seek maximum copyright protection for their works. For example, if someone eats my apple, then I cannot eat it. But if someone takes my idea, I still have it. The consumption of intellectual property is non-rivalries. If I tell you my idea, or if you use my idea, that does not mean that I am deprived of it. It is not like the taking of a tangible object where the original owner is completely deprived of its use and utility once it is taken. As stated in Dowling v. United States.“The infringer of a copyright does not assume physical control over the copyright nor wholly deprive its owner of its use. Infringement implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.

 Copyright of Software:
Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings....

 Copyright Law in India:
Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works. Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public...

 YouTube case:
The Delhi High Court recently passed an order of interim injunction against YouTube and its parent company Google against the business practice of Youtube of earning profits at the expense of a rightful copyright owner. YouTube is facing quite a few legal battles for its business plan for copyright infringement. The recent being a suit filed by T-series in the Delhi High Court. The Delhi High Court issued notice and summons against YouTube and Google, Inc and passed an interim order restraining them from reproducing, adapting, distributing, communicating, transmitting, disseminating or displaying on their websites or otherwise infringing in any manner any audio visual works in which the Super Cassettes Industries (hereinafter referred as SCIL) owns exclusive, valid and subsisting copyright. The business model of YouTube allows, encourages and profits from use of copyrighted work uploaded on the website without obtaining any license or permission from the rightful copyright owners and without paying them any royalty. The profits from this business model, which is based on copyright infringement, are enormous

 Copyright in judgments:
It is very important to know certain details about copyrights before analyzing the topic in hand which is copyright in judgments. Some relevant sections of the Indian Copyright Act, 1957 which would help in explaining the necessary details about copyrights are....

 Copyright Wars:
India having one of the biggest publishing markets in the world, has made the matter of intellectual property rights a contentious issue with authors, artists etc asserting their rights. The government is trying to bring the industry practices in line with the international scenario in a globalised manner. The Copyright Act, 1957 defines the rights of authors of creative works such as books, plays, music, films and other works of art, and computer software. Such authors are the original owners of copyright in these works and have a ‘bundle of rights’ such as the right to distribute, perform, translate and adapt the work. These rights can also be assigned to others. The Act provides for copyright societies, which issue licences for copyrighted works and collect royalties on behalf of authors or rights holders.

 Prosecution for Infringement of Copyright under   Intellectual Property & Traditional knowledge  Celebrity Rights  Title Of Films & Books   Data Protection Law    Intellectual Property   Does perfume smell have its own copyright Intellectual theft- an essay on Plagiarism   Copyright & The Language Of Property  Copyright : Seductive mirage  Copyright Societies   Copyright Amendment Bill 2010    Copyright Infringement in Cyberspace & Network Security    Right of ownership under Indian copyright law   Copyright Act. of 1957 the complete act is here click to read

Follow the Procedure Below To Submit Your Articles

Submit your Article by using our online form Click here
Note* we only accept Original Articles, we will not accept Articles Already Published in other websites.
For Further Details Contact: editor@legalserviceindia.com

File Your Copyright - Right Now!