Nature of Copyright Defination, Scope and Act
Copyright gives legal protection to original creative works. It grants exclusive rights to creators under the Copyright Act, 1957. Copyright has developed over time to cover digital works. It protects expression, not ideas, and allows limited use through fair use provisions.
Copyright is an important part of intellectual property law. It protects the rights of creators over their original creative works. Understanding the nature of copyright helps students and professionals know how creative works are protected by law. It explains why authors, artists, and creators get exclusive legal rights over their work and how society also benefits through limited use exceptions.
What is Nature of Copyright?
The nature of copyright refers to the legal character and features of copyright protection. It is a statutory right, meaning it exists because of law, not automatically by ownership of ideas. Copyright gives creators exclusive control over the use of their original works for a limited period. At the same time, it balances public interest through exceptions like fair use.
Key features of the nature of copyright include:
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It protects original expression
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It is an intangible property right
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It provides exclusive but limited rights
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It balances private rights and public interest
Definition of Copyright
Definition of Copyright involves exclusive legal rights for creators of original works. This protects expression, not the idea. Rights include:
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Reproduction: Make copies.
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Distribution: Share publicly.
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Public Performance: Present publicly.
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Public Display: Show publicly.
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Derivative Works: Create new versions.
Only the creator authorizes specific uses.
Copyright Act
In India, the Copyright Act of 1957 governs copyright. This act outlines rights, protection, and infringement penalties. It includes fair use exceptions.
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Moral Rights: Protect work integrity.
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Economic Rights: Allow financial gain.
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Fair Use: Permits limited use for education/research.
Copyright Scope
Copyright covers diverse creative works:
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Literary Works: Novels, software code.
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Dramatic Works: Plays, choreography.
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Musical Works: Compositions, lyrics.
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Artistic Works: Paintings, designs.
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Cinematographic Films: Movies, documentaries.
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Software: Protected as literary work.
It does not protect ideas or public domain works.
Development of Copyright
The development of copyright law can be traced back to the invention of the printing press in the 15th century. As printing increased, authors needed protection against unauthorized copying.
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In the 18th century, formal copyright laws emerged to protect books and written works
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By the 19th century, protection expanded to music, art, and dramatic works
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The 20th century saw international treaties like the Berne Convention
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With digital technology, copyright laws evolved to protect online and electronic works
In India, the 2012 amendments to the Copyright Act addressed digital formats, online sharing, and compliance with global treaties.
Copyright Duration
Duration varies. In India:
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Literary, Musical, Artistic, Dramatic: Author's life plus 60 years.
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Anonymous/Pseudonymous: 60 years from publication.
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Sound Recordings/Films: 60 years from publication.
Works enter public domain after term.