How a copyright can be protected through internet?

PROTECTION OF COPYRIGHT THROUGH INTERNET

ABSTRACT

This paper is aimed at explaining the protection of copyright in cyberspace. Due to the development of cyberspace through the Information Technology Act the breach of copyright is extended. Due to the growth of cyberspace various people have to face a problem of getting new opportunities because of a threat in their mind. It is normal that if any technology gives opportunity as well as it develops new challenges. It is a complex issue through which it is facing a biggest challenge. Therefore, this paper focused on the issues or challenges which are currently faced by the copyright holders in the area of Cyber Law.

INTRODUCTION

It is a variant of Intellectual Property Laws. The origin of Copyright is in the 20^th century. Under the Copyright Act, 1957 it is a pile of intangible rights which is given by the law to the author for a limited period of time. Copyright protection is given to the authors for their artistic, literary, dramatic, musical work etc. This protection is basically given to the original author. It means that only the author has the prerogative right to sell, publish his work, or distribute the copies of the work to the general public.

HISTORY

Every act has its history like how it is came, how it is passed by the statute. So, the copyright act passed in the following way.

BRITISH PERIOD

In the year 1847 the first copyright act was introduced. Then in the year 1911 it was passed in England.

AFTER INDEPENDENCE

The Copyright Act was passed in the year 1857 by the Government of India after Independence. This act has been amended many times because at that time there was persuade of many international treaties under which India was a signatory.

PURPOSE OF COPYRIGHT

The main aim of the act is not to give honour to the work of author however it protects the original work of them. This right is given to the author for the prevention of misuse of copyright by anyone. It is given to secure the work for a long period of time under the Copyright Act, 1957 Therefore; no person has a right to do forgery.

NATURE OF COPYRIGHT

Ø  It is a variant of “Incorporeal Property”.

Ø  It creates a right which is called as “Right in Rem”.

Ø  Action will be taken for Copyright infringement.

Ø  Positive and negative

RIGHTS OF COPYRIGHT HOLDER

·       Right to represent his work & distribute his work in the general public.

·       Right to make new copies of the work.

·       Right to have a copyright for a fixed tenure.

·       Right to attribute & concede license.

·       Right to claim remedy in case of infringement.

ADVANTAGES OF COPYRIGHT REGISTERATION

·       It acts like a testimony for the author.

·       In case of infringement an author can take action against them.

·       It also gives benefit to the family of the author so that in case of dispute they can claim their title.

·       It helps in proving the copyright in the other countries.

·       It pays royalty to the copyright holder.

LIMITS ON COPYRIGHT PROTECTION

·       Fair use.

·       Common facts and ideas have no protection.

·       Work done for the public.

REMEDIES FOR INFRINGEMENT

Every act provides provisions as well as remedies. There are two types of remedies which are as follows:-

·       CIVIL – In the District Court, it recovers the forged copies and directs to pay damages.

·       CRIMINAL –The punishment is an imprisonment of not less than 6 months which may be extend to 3 years and a fine of Rs. 50,000 which extend up to 2, 00,000. 

COPYRIGHT AND CYBERSPACE

A great concern is given to manage the between the copyright and cyberspace with the help of database history. Cyberspace is called as a practical world which only subsists in the memory of computer but it is generally related with the life of the people. Therefore, it is regarded as a living structure which changes many times and is just because of the putting information and downloading through internet regularly. As cyberspace is an area through which any information can reach to a large number of people. If we talk about the copyright it basically means when any person do some artistic, literary, dramatic work then he can apply for copyright. Presently, internet is the biggest challenge for copyright holders. Due to the ongoing of modern technology the copyright holders needs protection from the act. So, it is very necessary to make laws strict so that the original work of the authors can be protected.

WHAT THE INTERNET HAS TO DO WITH COPYRIGHT?

The International Copyright Law was based upon the convention which is mentioned below:-

·       BERNE CONVENTION – In 1886 it was the initial step to protect the copyright law and reach to a large number of people. It focused on the protection of the artistic and literary work of the author.

·       TRIPS – It developed in the year 1995 and it is a type of agreement which is generally called as “Trade Related aspects of Intellectual Property Rights”.

·       WIPO – It is an organization of the United Nations. In the year 1996 various members of the countries finds it necessary to manage with the copyright protection.

INTERNET IN INDIA

With the advancement of technology the internet has brought many changes in the modern society. If we take an example of a unit of public sector i.e. Videsh Sanchar Nigam Limited which started its business activities on 15^th august, 1995. It says that due to the rapid growth of the internet, the issues of intellectual property rights are also likely to rise.

CONCLUSION

Through this article, I would like to conclude that there is stupendous need for the society to well aware about the necessity of copyright protection to avoid any unlawful use. The dissection of copyright in the field of cyberspace is a combination of new challenges and new threats. So, there is a need to raise the rules and regulations for cyberspace to protect the rights of the copyright holder.

Tags: Copyright protection, internet