Should There Be Any Limitation Timeline For Copyright Infringement?

 

Let’s separate trademarks, designs, G.I., Patents, and Domain Name Disputes for a moment first, when it come to the infringement proceedings, from the Copyrights (especially in case of sound recordings, musical notes, and cinematography). For the reason that, what is neither compulsory for any industrial applicability, nor for any USER to be proven, nor for any annual or once a decade RENEWAL, nor been asked to submit for the User before Sixth year, nor been whose proprietorship Expires either within 20/10+5/10(recurrence) years, nor if the renewal fees is not PAID. As per my opinion, limitation acts shouldn’t then be applicable for the Copyrights (especially in case of sound recordings, musical notes, and cinematography).

In my previous blog, I opined that, what requires judicial compliance of proving the user or renewal, would always be in the public domain, and could be accessed by the users, recipients, consumers, generally online vide web, or at the stores. Indeed, in case of trademarks, as its registration too is a prima-facie evidence of validity, yet, even if that infringement or passing off cases are being accepted into the law, then such users are also restricted to a certain TERRITORY and being given the proprietorship of territorial rights only, if in case the user is minimal restricted to a specific area; compared to the copyrights, whose rights come into existence, globally, without any requirement of formality.

Now, when it comes to literature, then still there’re certain official tools available online for the plagiarism test, eg. TURNITIN etc. But as far as I’ve seen, generally there’re no certain specific official tools available for the musical notes, sound recordings, or cinematography plagiarism in the open, or commonly available, UNTIL the AI tools came into picture, or which are simple to use. And is there any global database existing for the same too, which has included even the remotest of the works; which is also impossible? (Do Correct Me If I’m Wrong So That I Can EDIT This Part). Would even the largest ISBN Dataset include all the ISBN related work even if they are available in most of the nations? NOPE! Unlike WIPOs trademark/patent/design search tools, which would include. Unlike ICANN domain name lookup tools (WHOIS) that would give all the details of the domain names. For example, the below are official search tools, yet, one can only search vide name or number or title and not vide notes.  

Thus, comparing to the implicit rights being given by the copyrights, and when involving musical notes or cinematography or sound recordings, thus require that it should be removed from the walls of the limitation period of 3 YEARS. As such limitation can’t be implemented at all for the reason given below.

For example. If at any remote town in the World, a musical note or rhythm or a cinematography has been composed or created, then be assured, it won’t be available today; forget about being available in the 90s, 00s, or later, if it had no access to investments made in the PR or Advertising. Thus, if the court of law can accept RECTIFICATION Proceedings in the Trademark proceedings, despite the Defendant’s mark being registered, merely on the ground that the Petitioner not being aware about the mark as it was not famous or known and ought to have been restricted to the a particular confined area or locality only or would’ve been registered with a Disclaimer or would be removed from the register or be given the perpetual injunction; then what’s wrong if the timeline to invoke the Rights for Copyrights are being EXPANDED, in accordance what I’ve written above?

Just an Opinion! Think About it! After all, the DEAD Have Rights Too!😊

© Pranav Chaturvedi