CASE FOR AND AGAINST COPYRIGHT LAW
puja vats
Sign up for access to the world's latest research
checkGet notified about relevant papers
checkSave papers to use in your research
checkJoin the discussion with peers
checkTrack your impact
Abstract
AI
AI
The paper discusses the historical development and legal framework of copyright law, particularly in relation to the invention of the printing press and subsequent global copyright agreements like the Berne Convention and Universal Copyright Convention. It explores the nature of copyright as incorporeal property, the exclusive rights it grants to authors, the limitations of these rights over time, and the implications for public access once the copyright term expires. The analysis also touches on theoretical justifications for copyright protection and the role of licenses in the copyright system.
Key takeaways
- Copyright protection generally gives the owner of the copyright the exclusive right to do the following as per section 14 of the Copyright Act.
- However, the copyright law permits the owner of the copyright to assign the copyright either wholly or partially to any other person.
- Let us go back to the concept of copyright as property.
- This has important implications for copyright law.
- That, in brief, is what copyright law does.
Related papers
An Analysis on Ownership of Copyright as per Indian Copyright Act, 1957
International Journal of Global Science Research, 2020
Scope of First Sale Doctrine in International Circulation of physical copy of copyrighted work in India
Ministry of Human Resources and Development’s decision to drop the amendment to Section 2(m) opened floodgates for renewed confrontation between the Publisher Industry and Consumer. It is discomforting to note no Judicial cognizance of Parallel importation since decision of John Wiley v Prabhat Kumar Pandey delivered by single Judge Bench of Delhi High Court in 2010. Entrenched in this debate is the balancing act of principle of monopoly conferring IPR and interests of society in reasonable access to knowledge oriented goods. Which way the balance of convenience lies may not be rendered final by mere Academic study, but equally helpful would be the stand of Government of India in International forum. Issue of Parallel Imports is to International Copyright Law what Seat of Arbitration was to International Arbitration Law, namely the free Market principle of “free will, i.e. Agreement”. Indian Copyright Law permits National exhaustion of copyright but does it permit International Exhaustion?
PROTECTED RIGHTS OF COPYRIGHT OWNERS IN THE LIGHT OF FUNDEMENTAL RIGHTS AND FREEDOM OF PEOPLE ENSHRINED IN THE CONSTITUTION OF SRI LANKA
Madubashini Sri Meththa, 2012
Copyright and Intellectual Property: The State of the Discipline
Book History, 2013
A brief overview of the history of copyright should provide cardinal points for newcomers to use in navigating this relatively new interdisciplinary field. Copyright law is not coincident with the introduction of printing, but rather emerges at the beginning of the eighteenth century as a tool for governments to use to limit the power of print monopolies. In early modern Europe, monarchs regulated the print trades through prepublication censorship and monopoly grants or "privileges" designed to align the technology of print with state interests. The first copyright law, the British Statute of Anne (1710), marks the beginning of a transition from royal privileges to commercial rights and a shift from a patronage system to a market for books. The Statute of Anne separated literary property from censorship, granting authors
The law of intellectual property
1984
Article 2.-Subjects of application This Law applies to Vietnamese organizations and individuals; foreign organizations and individuals that satisfy the conditions specified in this Law and treaties to which the Socialist Republic of Vietnam is a contracting party. Article 3.-Subject matters of intellectual property rights 1. Subject matters of copyright include literary, artistic and scientific works; subject matters of copyright-related rights include performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals. 2. Subject matters of industrial property rights include inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications. 3. Subject matters of rights to plant varieties include plant varieties and reproductive materials. Article 4.-Interpretation of terms In this Law, the following terms shall be construed as follows: 1. Intellectual property rights mean rights of organizations and individuals to intellectual assets, including copyright and copyright-related rights, industrial property rights and rights to plant varieties. 2. Copyright means rights of organizations and individuals to works they have created or own. 3. Copyright-related rights (hereinafter referred to as related rights) mean rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted programcarrying satellite signals. 4. Industrial property rights mean rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications they have created or own, and right to repression of unfair competition. 5. Rights to plant varieties mean rights of organizations and individuals to new plant varieties they have selected, created or discovered and developed, or own.
Intellectual Property Rights
American Behavioral Scientist, 2002
Communicated concepts of property ownership, including intellectual property, depend on cultural values and norms. In many parts of the world, conceptual private ownership lacks definitive regulations that apply in the Western world. This lack of cultural parallelism reflects and engenders significant problems in an age where growing technological advances spread ideas and devices across cultural boundaries bringing philosophical, financial, and other practical concerns that create questions about the role of local norms in governing international transference of innovations. Intellectual property rights (IPRs) are the focus of enormous contemporary international diplomatic efforts to the business of innovative technology and the artistic arena of music, literature, and art. This article briefly outlines the historical development of Western IPRs, illustrates many problems from a non-ethnocentric study of the topic.
Related papers
Historical Development of Copyright Law in India
2015
The copyright law has traversed a long journey from the Guttenberg to Information age. A vast change could be seen in the copyright since its inception. The Statute of Anne was the first law, which has set the parameters and guidelines for the publication and exploitation of the work of an author for economic benefits. Since then, there was no looking back. India was then a colony of Britain and hence the law of UK was applicable here too. The first Copyright Act of India was enacted in the year of 1957 and since then it has been amended five times, to bring it in conformity with the changes times and technology. The most recent being in 2012, which was not only to bring the law in conformity with the Information age but as well to confirm to the WIPO copyright Treaty(WCT) and WIPO Phonograms Treaty (WPPT).
Copyright Act, 1957 A Study with Reference to Selected Cases in India
STM Journal of Advancements in Library Sciences, 2019
The law of Copyright Act 1957 has been giving protection to literary, dramatic, or musical works, artists, cinematograph film, and sound records. Now days it has been challenging even in the field of research publications, thesis and patent. In this paper the Researchers focus on the laws of copyrights and libraries, also on the challenges and issues of copyright. Some of the cases related to the copyright are also discussed.
“From Author's Right to Property Right”
Though copyright is usually categorized as a property right, efforts to justify copyright on other grounds have persisted since the eighteenth century. The Lockean defense, based on the author’s labour, is usually seen as conducive to a property right, but is sometimes linked instead (or in addition) to a personality right. I explore another approach that has been analyzed in the doctrinal literature, but that has received less attention from historians of English copyright law. This approach focuses on the author’s dignitary rights, including communicative rights (bearing on who controls the public presentation of the text), and reputational rights (bearing on the text’s appearance and its status as a reflection of the author). By contrast with the labour theory, the dignitary view of copyright is harder to reconcile with a property right, although as I show, eighteenth-century advocates of strong copyright protection sought to assimilate this view into the property framework. The Statute of Anne (1710) sought to accommodate the competing needs of authors, publishers, and the public. Its protections did not affiliate copyright with a property framework, as the publishing industry would have liked. In the course of the eighteenth century, dignitary concerns jostled with property claims as litigants argued over statutory protection. To explore the relations among these arguments, I reexamine the Statute of Anne and four of the major contemporary copyright judgments: Burnet v. Chetwood (1721), Pope v. Curll (1741), Millar v. Taylor (1769) and Donaldson v. Becket (1774). Each of these cases reveals new dimensions when examined through the lens of dignitary concerns. By studying these materials, we can gain a better understanding of how the property-based view took hold during a vital period in the formation of copyright law. This development, in turn, helps to explain two of the most distinctive features in the recent history of copyright law: the ever-widening reach of derivative rights, and the ever-lengthening term of protection.
Intellectual Property and Copyright
Legal protections for intellectual property have a rich history that stretches back to ancient Greece and before. As different legal systems matured in protecting intellectual works, there was a growing refinement of understanding as to what was being protected. From the ancients through the Enlightenment, several strands of moral justification for intellectual property have been offered: namely, personality-based, utilitarian, and Lockean. This essay will discuss all of these topics, focusing on Anglo-American and European legal and moral conceptions of intellectual property.
INTELLECTUAL PROPERTY RIGHTS IN INDIA: NEW TRENDS
isara solutions, 2020
With the emergence of 'Make in India' and 'Start up India' vital initiatives takes place to bring changes and development in the field of innovations. This paper specifically focuses on the main forms of intellectual properties and new dimensions into it. There are certain new areas in the intellectual property rights on which both the international and national law needs to focus and bring certain new legislations which given clarity about it. In the introduction the four main domains of intellectual property rights are explained in brief Copyright, Patent, Trademark and Trade Secret. Then as per the new trends what changes are required into it so that it will cope up with the emerging situation in all the 4 main domains were discussed in detail. Then the new emerging areas and matters are discussed wherein 3 kind of new areas are taken up namely circuit, plant breeding and geographical indications wherein new laws have been made in accordance to the international forums. Then after the need of the time is explained where the law has fulfilled the gap and lastly the conclusion that how the laws are helpful in bridging the gap between the two the new dimensions and the development and this step has given ease to the applicants in all ways.
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.