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Digital Copyright laws in India

Digital Copyright Laws In India?

Copyright is an exclusive right offered by the law to the creators & producers. It allows the owner of the particular work to control & regulate their use. During the industrial & technological revolution, it was very necessary to control the use of creatives in India.

But once the commercial publication was raised. The need for copyright law to protect the interests of authors & publishers was felt. In India, the first Indian Copyright Act was passed on 15 December 1847. Under the British East India Company, it was passed for the protection of publishers. 

And, Great Britain passed their own Copyright Act in 1911. The Copyright Act, 1911, bring different copyrights to one place. India was the British Colony during that time. So, the modified version of the British Copyright Act was also enacted in India in 1914. This act was continue in force till 1957.

The main copyright issues in the digital era – 

  1. Programs, databases & multimedia
  2. Reproduction, distribution, or communication of a work to the public 
  3. Management & administration of digital copyright  

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these Laws Are As Follows : 

 The Copyright Act, 1957

The copyright act governs the subject matter of copyright laws in India. Section 14 of the Copyright Act explains the meaning of copyright. As per the different works, there are different authorizations.

It provides an exclusive right to the person in case of literary, dramatic, musical work Or, computer programs Or, Multimedia.

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i) In the case of literary, dramatic, or musical work, the author has an exclusive right to – 

  1. Reproducing the work 
  2. Issuing the copies 
  3. Create a translation
  4. Make a Cinematograph film on it

ii) In the case of a computer program, the author has the exclusive right to – 

  1. Reproducing the work 
  2. Issuing the copies 
  3. Create a translation
  4. Make a Cinematograph film on it
  5. Sell or put on rent

iii) In the case of multimedia, the author has the exclusive right to –

  1. Reproducing the work 
  2. Issuing the copies 
  3. Create a translation
  4. Make a Cinematograph film on it
  5. Sell or put on rent

2. The Copyright (Amendment) Act, 2012

There are some necessary changes are made in the Copyright Act. The main reasons behind these changes were – a).  to coordinate with the latest evolving technologies, b). WCT (WIPO Copyright Treaty) & c).  WPPT (WIPO Performances & Phonograms Treaty).

Following amendments has been made in 2012 – 

  1. Changes in rights of artistic works, sound recording, cinematograph work
  2. Amendments as per the WIPO & WCCT
  3. Changes made to reduce the internet piracy
  4. Reform in the Copyright Board

3.  The Copyright Rules, 2013

  • Section 3 of the Copyright Rules, 2013 states the terms & conditions of the official members of the Copyright board. 
  • Section 6 to 10 of the Copyright Rules, 2013 states about the compulsory licenses in those works which are withheld from the Public. 
  • Section 11 to 16 of the Copyright Rules, 2013 deals with the Compulsory license to publish or communicate to the public work or translation
  • Section 29 to 31 deals with the statutory license for transmission of literary and musical works and sound recording
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4. The Copyright (Amendment) Rules, 2021

  • The time limit for the Registrar to accept or reject the application for co-operative societies has been raised from 60 days to 180 days.

These are the digital copyright laws in India. I hope you have understood the different copyright laws for literary, multimedia & computer programs.

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