Loading...

Copyright And Neighbouring Rights

Copyright is a legal protection extended to the owner of the rights in an original work of creation. Copyright protects expressions and not ideas; thus, there is no copyright in an idea. Copyright comprises two main sets of rights: economic rights and moral rights.

Economic rights include the rights of reproduction, broadcasting, public performance, adaptation, translation, public relation, public display, and distribution, among others. Moral rights include the author�s right to object to any distortion, mutilation, or other modification of their work that might be prejudicial to their honor and reputation.

Copyright subsists in the following classes of works:

  • Original literary, dramatic, musical, and artistic works
  • Cinematograph films
  • Sound recordings

The original creators of works protected by copyright, as well as their legal heirs, have certain basic rights. They hold the exclusive right to use or authorize others to use the copyrighted material. The creator of the right can prohibit or authorize:

  • Reproduction in various forms, such as printed publication or recording
  • Public performance, as in a play or musical work
  • Broadcasting by radio, cable, or satellite
  • Translation into other languages
  • Adaptation, such as turning a novel into a screenplay

Subject to certain conditions, a fair deal for research, study, criticism, review, and news reporting is permitted without specific permission from the copyright owners. Some exemptions have been prescribed for specific uses of works enjoying copyright. For example:

  • For the purpose of research or private study
  • For criticism or review
  • For reporting current events
  • In connection with judicial proceedings
  • Performance by an amateur club or society if the performance is given to a non-paying audience
  • The making of sound recordings of literary, dramatic, or musical works under certain conditions.

The period of copyright protection in India is 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60-year period is counted from the year following the death of the author. For cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organizations, the 60-year period is counted from the date of publication.

Neighbouring rights include the rights of performing artists in their performances, the rights of producers of phonograms in their phonograms, and the rights of broadcasting organizations in their radio and TV programs.