Rights of the Copyright Holder
1. Reproduction Right: The Reproduction Right, outlined in Section 106(1), bestows upon the copyright owner the exclusive privilege to duplicate the copyrighted work in copies or phonorecords. This integral right grants meticulous control to the copyright owner over the replication of their work, regulating the making of copies and ensuring that they retain authority over the reproduction process.
2. Right to Prepare Derivative Works: The Right to Prepare Derivative Works, articulated in Section 106(2), confers upon the copyright owner the authority to create adaptations or modifications based on the copyrighted work. This significant right empowers the copyright owner to exercise control over the development of derivative works, emphasizing their influence on the evolution of the original creation.
3. Distribution Right: The Distribution Right, specified in Section 106(3), provides the copyright holder with the exclusive right to distribute copies or phonorecords of the copyrighted work to the public through sale, rental, lease, or lending. This right enables the copyright owner to meticulously manage how their work is made available to the public, preserving their control over the distribution process.
4. Public Performance Right: The Public Performance Right, as delineated in Section 106(4), grants the copyright owner the right, in specific instances, to publicly perform literary, musical, dramatic, and other works. This right comes into play when works are presented in public venues or transmitted to the public, safeguarding the artistic integrity of the work in public settings.
5. Public Display Right: The Public Display Right, defined in Section 106(5), confers upon the copyright holder the right to publicly exhibit literary, musical, dramatic, and other works. This right empowers the copyright owner to control how their works are visually presented in public spaces or transmitted to the public, ensuring alignment with the creator’s vision.
6. Right to Perform Sound Recordings Publicly: The Right to Perform Sound Recordings Publicly, articulated in Section 106(6), is an exclusive privilege for sound recording owners. This right allows them to publicly perform their works through digital audio transmission. It stands apart from other performance rights, recognizing the distinctive nature of sound recordings in the realm of public performance. This emphasizes the need to acknowledge and safeguard the specific rights associated with audio content.
Copyright Act, 1957 : Meaning, Features, Remedies and FAQs
The Copyright Act, 1957 established the legal framework for safeguarding original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings in India. The legislation imposes penalties for unauthorized reproduction, distribution, performance, display, or communication of these works and allows for fair dealing exceptions, such as criticism, commentary, news reporting, teaching, research, and private study. Additionally, it permits certain forms of derivative works, like translations, abridgments, and adaptations, fostering intellectual property growth in India and encouraging creativity and innovation. Aligned with major international treaties, including the Universal Copyright Convention, Rome Convention, Berne Convention, and TRIPS Agreement, this landmark legislation remains the cornerstone of India’s modern copyright system, ensuring proper recognition and compensation for creators.
Geeky Takeaways:
- The Copyright Act 1957 protects original dramatic, musical, literary, and artistic works, specifically sound recordings and cinematographic films, in India.
- The Act permits various forms of derivative works, such as translations, abridgments, and adaptations, contributing to the growth of intellectual property in India and fostering creativity and innovation.
- It incorporates fair dealing exceptions, allowing activities like criticism, commentary, news reporting, teaching, research, and private study without infringing on copyright.
- The legislation enforces penalties for unauthorized activities such as reproduction, distribution, performance, display, or communication of these protected works.
Table of Content
- What is Copyright?
- Salient Features of the Copyright Act, 1957
- Subject Matter of Copyright
- Rights of the Copyright Holder
- What are Infringement Remedies under Copyright Act, 1957?
- Exceptions to Copyright Infringement
- Conclusion
- Copyright Act, 1957- FAQs