Thursday, June 12, 2008

Copy Right Act_7

Is copyright protection worldwide?


Most countries have acts of law relating to intellectual property and copyright issues with regard to their citizens rights. These countries are usually signatories to the numerous world treaties and agreements on copyright. Copyright laws are fairly similar worldwide. Many countries insist that for a work to be protected in their territories, there must be a publication within their territory within one year of the first publication. This requirement can be complied with by sending an e-mail with the attachment of the protected work to an addressee in other territories.

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How long does copyright last?


The duration of the protection depends on the type of copyright. In case of ‘literary work’ Copyright lasts for the life span of the author and for sixty years after the author's death. The same principle applies to joint authorship (two or more), with the copyright lasting for the life span of the longest surviving author and sixty years after the longest surviving authors death.In the case of anonymous and psydonoumous work the copyright will subsist for sixty years from the date of publication.Copyright in photographs will subsists for sixty years from the next calendar year of publication.Copyright for cinematographic films will be sixty years from the next calendar year of publication. Copyright for sound recording will be sixty years from the next calendar year of publication.

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What type of creative work does copyright protect?


Categories of works of authorship can include but are not limited to; Literary, Dramatic (including accompanying music) and Musical (including accompanying words or lyrics), Choreographic (including Pantomimes), Pictorial, Graphic, Sculptural, Computer Programs, Motion Pictures, Audiovisual and Sound recordings and Architectural works. The subject matter of Copyright is generally described as an original creation of authorship that must be fixed in a tangible medium of expression. The works as now known or as later developed, must exist in some physical form. Virtually any form of expression will act as a tangible medium from which they can be reproduced or communicated, directly or using a machine or a device.

Copy Right Act_5

Does the copyright law protect the ideas of the author and the future commercial expressions of the same idea?

No. The copyright law does not protect the idea and protects only the method of expression of idea. If an idea can only be expressed in a single way, such expressions cannot be protected under the Law of Copyright. Future commercial expressions of the idea cannot be protected under the Law of Copyright and it can be protected only under the Law of Patent.

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What are the criteria for award of copyright protection?

Copyright protection will be available if the following two conditions are fulfilled:

a. Originality, meaning that the work owes it origin to the author. Originality is different from novelty. An author of the work need not be the first to articulate the ideas or create the work.

b. Reduction into tangible form. For a work to be protected, it must be written down, drawn, painted or taped. Mere oral expression of idea will not qualify for copyright protection.

Copy Right Act_2

Is it compulsory to have registration for copyright protection?

No, it is not compulsory to register Copyright. Berne Convention grants “inherent protection” which means the holder does not have to comply with any formalities for the purposes of copyright protection. But we recommend you to obtain registration because registration is a prima facie proof of ownership and it might be easier to persuade judicial and administrative authorities to grant you interim relief even without notice to the infringers.

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What is Copyright?

Copyright is a legal right, given exclusively to the creator/originator (or assignee) to make further copies for publication and public performance.