Digital Copyrights

 

There shouldn’t be any distortion in the hereinunder flow:

Start -> Author -> Publisher -> Distributor (if any, of publisher(s)) -> Seller -> End User -> Stop.

For example, In 2009, Amazon Kindle had to delete e-book copies of 1984 & Animal Farm at the end user’s accounts’ as there was a break in the above chain work flow, as the uploading publisher had no relevant rights directly with author or its assigned publisher or distributor, thus leaving Amazon not having rights to execute contract with the end user buyers/readers’ (somewhat similar to void-ab-initio).

Digital or Ink based, application of copyright laws remains almost same everywhere due to international reciprocal treaties or arrangements, WCT, Berne Convention etc.. At the most where it differs at the domestic level would in the term of copyrights, prosecution timeline, other domestic laws; rest almost same. Few previous blogs covered several aspects of copyrights. The present one restricts to digital copyrights which is no different from the ink based copyrights i.e. print versions.

There’re different rights accumulated by the author/owner. From self-publishing (Free or with Fee, doesn’t matter) to any intermediary or publishing platform to securing rights of authorizing w.r.t. of their own work in the form of –> distribution, reproduction, derivative, performance, translation, broadcasting, publication etc. In the latter, when assigned, the author deserves the moral rights (which are perpetual) as already opined in one of the precious blogs in depth, irrespective of terms of assignment. Further, indeed, copyright protects the expressions & not ideas, but, there’s a difference between abstract ideas & expressed documented flow of ideas wherein the latter is protected. Also, the use of the features included in video editors' (for example, background music) may've restricted non-commercial usage rights. Furthermore, registration of the work is indeed prime-facie but always beneficiary.  

In the ocean of Internet, there’s another term evolving known as orphan work wherein the owner or author cannot be located or unknown. That absolutely doesn’t mean such works become public domain work or one can claim to be the owner. Absolutely Not! The countries alike U.K. have enacted laws for use of such work to be licensed under any government body’s authorization, only after diligent search for the author or owner has been executed. It’s basically a non-exclusive restricted license (term upto 7 years). Such orphan works can be further produced for restricted commercial/non-commercial use or for preservation purposes or be included in collective work, only after following above protocols stringently. Somewhat similar provision is available u/s 31A in India.

The author/owner can be a self-publisher or an authorized publisher, with Ink or Digital, copyrights are synced as soon as the work comes into Existence. 😊

© Pranav Chaturvedi