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Copyright Law India

TrustmanCopyrightCopyright Law India

Jun

4

Copyright Law India

The copyright means the sole & exclusive right to publish the work or any substantial part thereof and or reproduction of the publication or reproduction of the translation of the work as per  Section  14 of the Copyright  Act 1957 [D.S.G Sidhanti versus Venkateshwara publishing house, (1968)  1 An WR 323, 328].

There can be no copyright in works which have not yet come into existence. It can subsist only in respect of works already published or composed.  It may attach upon each successive publication but work we have no present existence cannot be the subject of copyright.

Copyright is incorporeal property-copy right is the right to prevent copyright, or issuing the copies of the work to the public or the right to prevent the making for sale of selling infringing copies of the work.  It is incorporeal property distinguishable from physical ownership of the work in which copyright subsists. It is the right to make the copies of the work and to do various other acts.

Author –  Section  2  (d)  of the copyright Act, 1957  defines the meaning of the authors as the person who causes the work to be created.  A person who merely suggests the idea of the work to author is not the author, nor even a joint author of the work.  A shorthand writer who takes down the notes is not the author. Authorship is the organization of a meritorious production, embodying the author or the thought of the author as well as the thought of the other, in an organized and communicable form and bearing the impress of the distinctive individuality of the mind which produced it.

Copyright     shall   not   subsist  in  any   work   specified   in subsection (1), other than a work  to which the provision  of section 40 or section   41  apply unless in  the  case  of  the  published work, the work  is   first      published in India,  or  where  the  work  is  first published outside India, the author is at the date of such publication, or in a case  where the   author was   dead  at   that date, was at the time of his death, a citizen of India and in case  of  an unpublished work other than work of    architecture, the author is at the date of  the  making  of the work of a citizen of   India  or domiciled in India ; and in the case   of  work    of architecture, the  work is located  in India .  In the case of a work of joint authorship the condition conferring Copyright specified in this sub-section shall be satisfied by all the author of the work.