What is a Copyright? What are its characteristics? [#04]

What is a Copyright? What are its characteristics? [#04]

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IPR & Cyber Laws
(Question Bank)
[Unit – I]

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Copyright:
• Copyright is a unique kind of Intellectual Property.
• The right which a person acquires in a work, which is the result of
his Intellectual Labour, is called his Copyright.
• The primary function of a Copyright Law is to protect the fruits of
a man’s work, Labour, skill or test from being taken away by other
people.

Characteristics Of Copyright:
Creation of a Statute:
Copyright is creation of a specific statute under the present law. There
is no such things as common law copyright. No copyright can exist in
any work except as provided in the section 16 of the Act.

Some Form of Intellectual Property:
A copyright is a form of intellectual property since the product over
which the right is granted, e.g., a literary work, is the result of
utilization and investment of intellect.

Monopoly Right:
Copyright is a monopoly right restraining the others from exercising
that right which has been conferred on the owner of copyright under
the provisions of the Act.

Negative Right:
Copyright is a negative right meaning thereby that it is prohibitory in
nature. It is a right to prevent others from copying or reproducing the
work.

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Object of Copyright:
The object of copyright law is to encourage authors, composers and
artists to create original works by rewarding them with the exclusive
right for a specified period to reproduce the works for publishing and
selling them to public. The foundation of Indian Copyright Law, which
is of English origin and provenance has a moral basis, and is based on
the Eighth Commandment, “Thou Shalt not Steal” (as held by the
Supreme Court in R.G. Anand Case 1978).

Multiple Rights:
Copyright is not a single right. It consists of a bundle of different rights
in the same work. For instance, in case of a literary work copyright
comprises the right of reproduction in hard back and paperback
editions, the right of serial publication in newspapers and magazines,
the right of dramatic and cinematographic versions, the right of
translation, adaptation, abridgement and the right of public
performance.

Neighboring Rights:
Copyright consists not merely of the right to reproduction. It also
consists of the right to works derived from the original works; rights
like the right of public performance, the recording right and the
broadcasting right which are as important or even more than the right
of reproduction. Such related rights are termed "neighboring rights".