Copyright Articles
1: Copyright and the Challenge of ‘User-generated Contents’
India has one of the most modern copyright protection laws in the world. Major development in the area of copyright during 1999 was the amendment to the Copyright Act of 1957 to make it fully compatible with the provisions of the TRIPS Agreement. Called the Copyright (Amendment) Act, 1999, this amendment was signed by the President of India on December 30, 1999 and came into force on January 15, 2000.
The earlier 1994 amendment to the Copyright Act of 1957 had provided protection to all original literary, dramatic, musical and artistic works, cinematography, films and sound recordings. It also brought sectors such as satellite broadcasting, computer software and digital technology under Indian copyright protection.
The Copyright Act is now in full conformity with the TRIPS obligations.
The other important development during 1999 was the issuance of the International Copyright Order, 1999 extending the provisions of the Copyright Act to nationals of all World Trade Organization (WTO) Member countries.
Concern has been expressed about the allegedly slow judicial system in India and the procedural issues involved in trial and conviction. The Indian judiciary is handling cases as expeditiously as possible. The year that has gone by has again witnessed the versatility of the impartial and independent Indian judiciary when it comes to the issue of protection of intellectual property rights, amplified by the encouraging trends with Indian courts plugging in gaps in the statute with the common sense of the common law.
The Copyright Act, 1957 prescribes mandatory punishment for piracy of copyrighted matter commensurate with the gravity of the offense with an effect to deter infringement, in compliance with the TRIPS Agreement. Section 63 of the Copyright Act, 1957 provides that an offense of infringement of copyright or other rights conferred by the Act shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees (Rs. 200,000).
Section 63A provides for enhanced penalty on second or subsequent convictions, i.e. imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees (Rs. 100,000) and which may extend up to two lakh rupees (Rs. 200,000). Section 63B provides that any person who knowingly makes use on a computer an infringing copy of a computer program shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees (Rs. 200,000).
For India where the per capita income at current prices is Rs.14,682/- or US $349, the quantum of the fines, which works out to be 14 times the per capita income, is quite a burden on an individual and would act as a strong deterrent.
The earlier 1994 amendment to the Copyright Act of 1957 had provided protection to all original literary, dramatic, musical and artistic works, cinematography, films and sound recordings. It also brought sectors such as satellite broadcasting, computer software and digital technology under Indian copyright protection.
The Copyright Act is now in full conformity with the TRIPS obligations.
The other important development during 1999 was the issuance of the International Copyright Order, 1999 extending the provisions of the Copyright Act to nationals of all World Trade Organization (WTO) Member countries.
Concern has been expressed about the allegedly slow judicial system in India and the procedural issues involved in trial and conviction. The Indian judiciary is handling cases as expeditiously as possible. The year that has gone by has again witnessed the versatility of the impartial and independent Indian judiciary when it comes to the issue of protection of intellectual property rights, amplified by the encouraging trends with Indian courts plugging in gaps in the statute with the common sense of the common law.
The Copyright Act, 1957 prescribes mandatory punishment for piracy of copyrighted matter commensurate with the gravity of the offense with an effect to deter infringement, in compliance with the TRIPS Agreement. Section 63 of the Copyright Act, 1957 provides that an offense of infringement of copyright or other rights conferred by the Act shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees (Rs. 200,000).
Section 63A provides for enhanced penalty on second or subsequent convictions, i.e. imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees (Rs. 100,000) and which may extend up to two lakh rupees (Rs. 200,000). Section 63B provides that any person who knowingly makes use on a computer an infringing copy of a computer program shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees (Rs. 200,000).
For India where the per capita income at current prices is Rs.14,682/- or US $349, the quantum of the fines, which works out to be 14 times the per capita income, is quite a burden on an individual and would act as a strong deterrent.
Word Count: 2020 | Views: 13
2: Five Key Elements of Content Writing
Content Writing is often misinterpreted to be any piece of writing without any rhyme or reason. Until and unless there is no language structure, usage of appropriate grammar, facts and opinion and the most important factor being legitimate statistics, a piece of writing cannot be merely labeled as creative content. A blog or an article sans of all the factors mentioned above is in harsh words known as filthy hogwash. So being a mid-card content writer myself and all those maxims passed onto me by my mentor, I give you five key elements which form the backbone of something which can be called content.
Word Count: 554 | Views: 187
3: Legal Copyright Protection Of Copyright By Registration
Many business owners have a lot of thoughts about their business. These thoughts can occur anywhere and they feel that since they thought of it first that they should be protected under the Copyright laws.
Word Count: 423 | Views: 524
4: A Brief Understanding Of Copyright Law
The first key in understanding copyright law is defining what it is these laws protect.
Word Count: 461 | Views: 632
5: Life Imprisonment For Copyright Fraud Could Be Enforced Soon
The penalties for copyright fraud could soon be much severe. Chidi Rodney Akomas takes a look at what's going on. What would you think a reasonable punishment for pirating a copy of windows would be?
Word Count: 447 | Views: 528
6: Legal Problems The Newbie Should Know About
Legal problems can easily sink your internet business before you even begin to swim. Legal requirements abound in the internet arena. Its your responsibility to get yourself up to speed on these requirements. Ignorance of the law is not acceptable.
Word Count: 513 | Views: 523
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