Copyrights

 

In the last few blogs, I briefly elucidated about UDRP, PCT, Madrid Protocol, Designs & some of Real Time procedures & issues involved. Continuing similar flow, would briefly elucidate about Copyrights. So, when one pens down or digitally enters anything original; it’s implicitly instantly copyrighted. But again, never an easy ride for anyone to circumvent prima facie part through which someone else is protected when registered. So goes different types of rights, from Performer to Author to Broadcaster to Artist to Composer.

But term of the same differs. For instance, for Author or Dramatic work, till sixty years beginning when the Author dies; Performance, fifty, from when it’s performed; Broadcasting reproduction, twenty five, following year when broadcast was made, & so on.  And further, Rights of which shall not be prejudice to the Owner of the Work. For example, an agreement or contract wherein the Assignee/Exclusive licensee, holds the Rights. And furthermore, Rights of which shall too not be even prejudice to the Original creator or performer, as there always exists Moral Rights. For instance, to refrain something from being distorted, mutilated, morphed or omitted; which might end up being prejudice to the Subject’s reputation. In some cases, the royalty is decided by boards, for instance, in case of radio or television broadcast. And alike Compulsory licenses in Patent (similar to Bayer vs. Natco), the provision of such licenses exist herein also, subject to certain conditions. And again, there’re registered societies, which is controlled by the collective efforts of its members, the work of which is from issuing licenses to fee collection to marketing the work of its members, etc. But again, Intent of IP shall be to give Recognition to the Originator, &, NOT Exploitation of the Public in general through IP Rights. Important aspect! As, absence of IP too is exploitation, wherein whenever, not giving recognition to the Creators. 😊

© Pranav Chaturvedi