Introduction To Copyright Law

CHAPTER 3: COPYRIGHT

DEFINITION OF COPYRIGHT: Copyright is a form of intellectual property. Just like in property law the copyright law provides the creator with the ownership rights i.e. he can sell it, leave it to his heirs, donate it or lease it, he can even divide it and he can protect it from almost any kind of trespass.

For example a composer of music can sell his tune to another person, or allow it to be used by someone else in return for recognition or a payment. In case someone tries to use it without his prior permission or proper licensing then the owner can sought for legal action against the trespasser.

Recently a similar case regarding a title track for a movie called “KRAZZY 4” produced by

LIMITATION ON COPYRIGHT:

Though the copyright law has a vast coverage of what are copyrightable but few countries have certain limitation to this list. The limitations are

• Works that have not been fixed in a tangible form of expression cannot be protected under copyright, ex choreography for a dance;

• Titles, names, slogans, or familiar symbols cannot be protected under copyright law.

• Work derived entirely from public domain information or common knowledge cannot be copyrighted.

• Works for hire (meaning being hired or under contract to someone to create works; i.e. hired to design a website or logo), in that case the person that hired/contracted becomes the copyright owner and holds copyright protection rights.

Free use can also be considered a limitation on the copyright holder’s right. Use of works by way of illustration for teaching purposes; use for non-commercial research; use of works for the purpose of news reporting; use for writing a review of a book are example of free use;

DURATION OF COPYRIGHT

Without proper enforcement in place the laws are like toothless tiger. The TRIPS (Trade related aspect of intellectual property Rights) contain detailed provision on the enforcement of the copyright law. The enforcement measures may be divided into the following categories:

• Conservatory or provisional measures: This involves prevention of the infringing good from entering the channels of commerce. The most common measure involves searching of alleged premises, seizure of the suspected infringer’s goods.

• Civil remedies: This can be in the form of providing compensation to the copyright holder for suffering economic loss because of infringement or order destruction of the infringing good or order injunction on sell or production of the alleged infringing good till further order or make the infringer to pay a