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Copyright Law Assignment

Question 1: Strong Copywright protection is essential for economic


development.Explain
ANSWER:

Introduction:
Copyright protection is the way to protect original content that is produced for the
first time. It is not copied or forged from any other similar work but is the original
result of someone’s expression of ideas. Copyright protection is not protecting the
ideas themselves but the way they have expressed it. The prime use of copyright
protection involves the protection of original work from unauthorized replicating.

Importance for Economic Development


There is a necessity of strong copyright protection for economic growth because
it protects the interest of the owner or creator to provide them rights encouraging
them for innovation. It prevents the rivals from misusing the work of the creators
unethically without their permission. A good copyright protection law is necessary
to protect the interest of the original owners and stop others from exploiting their
work. But mere law can’t help in the growth of the nation. Its strong
implementation plays an important role in it.
The main focus of this protection is to stop people or rivals from exploiting one’s
original work. Thus strong law is necessary, or else the loopholes will decrease
the innovation leading to a decline of the economy. For one to be involved in
innovation and creation must believe that his or her work is secured from any type
of misuse. Fair competition in the market is useful for economic growth which
comes when one’s work is protected from abuse.
Quality of the product is the utmost priority of customers thus strong copyright
protection keeps the rivals away from duplicating the work. This fair market for
customers improves the financial aspects of a country.

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The original creators are safeguarded from huge financial losses as no one can
forge their work and use it, they have the complete right over their work. The
protection of original work gives confidence to the creators and others to keep
inviting and reap the benefits of maintaining the repo. (Advantages & Benefits of
Copyright Registrations in India, n.d.)

Case Law:

Yash Raj Films Vs. Sri Sai Ganesh


Productions
The plaintiff Yash Raj Films Pvt Ltd. filed a suit of copyright infringement against
Sri Sai Ganesh Productions. They stated that Ganesh Productions produced a
movie Jabardasth i.e copied from the movie Band Baaja Baaraat which was
produced under Yash Raj Films.
The issue raised was whether copyright exists in cinematography, the expression
‘making a copy’ means only producing physical copies, and was there any
substantial similarity between the two films.
The court gave the judgment in the first issue that copyright exists in
cinematographic films which is the result of original work, secondly the
expression does not mean creating a physical copy plus the court found that the
defendant has copied the essential and fundamental features of the film.

Conclusion:
Creative creation is essential for the growth of the economy and equal competition
in the market. If someone wants to use someone else’s work he has to obtain the
rights of the original work and use it. This saves him from unauthorized access
and copyright infringement. Proper use of work and creativity leads to the growth
of the economy and sustainable development.

Copyright laws have a substantial impact on the economy of the nation as it


decides whether the people will be involved in creating new technologies or just

Copyright Law Assignment 2


forging the existing work. In a nutshell, Strong Copyright Protection incentivizes
everyone to be creative and innovative thus boosting the financial situation of a
nation. Strong Copyright Protection Laws ensure significant growth of the country.

Question 2: Explain the meaning of Copyright under Section 14 of the Copyright


Act 1957.

ANSWER -

Introduction:
'Copyright' means the exclusive right, given to authors or creators of

works, like books, films, computer programs, to control the copying or other
exploitations of such works. Copyright begins automatically on the creations

of work without the need for compliance with any formalities. The only
prerequisites for protection which apply to all works are that the work must be

of a type in which, copyright can subsist, and that either the author is 'qualifying
person , or the work has been published or broad cast, in an appropriate manner.

The work must also be original and it must be recorded in some form i.e.
written or stored in computer memory. The author or the creator has the
exclusive right to communicate the work to the public.

Meaning of Copyright:

To understand the meaning of copyright, it is essential to state the


provisions of section 14 of the Act. The section provides:
For the purpose of this Act, "copyright" means the exclusive right
subject to the provisions of this Act, to do or authorise the doing of any of the
following acts in respect of a work or any substantial part thereof, namely:-

Copyright Law Assignment 3


1. (a) in the case of a literary, dramatic or musical work, not being a
computer programme,-

a. (i) to reproduce the work in any material form including the storing of
it in any medium by electronic means;

b. (ii) to issue copies of the work to the public not being copies already in
circulation;

c. (iii) to perform the work in public, or communicate it to the public;

d. (iv) to make any cinematograph film or sound recording in respect of


the work;

e. (v) to make any translation of the work;

f. (vi) to make any adaptation of the work;

g. (vii) to do, in relation to a translation or an adaptation of the work; any


of the acts specified in relation to the work in sub-clauses (i) to
(vi);

2. (b) in the case of a computer programme,-

(i) to do any of the acts specified in clause (a);

(ii) to sell or give on commercial rental of offer for sale or for


commercial rental any copy of the computer programme.

Thus , "copyright" means the exclusive right, subject to the provisions of the
copyright Act 1957, to do or authorise the doing of any specified acts in respect of
a work or any substantial part thereof, as elaborated under Clauses (a) to (e) of
Section 14 of the Act.

Illustration:

Let's say John is an author who has written a novel. According to Section 14 of the
Copyright Act, 1957, John holds the exclusive rights to his work. This means:

John can reproduce his novel in any material form, including storing it digitally.

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He can issue new copies of his novel to the public, not being copies already in
circulation.

He can perform his work in public or communicate it to the public, such as


through a public reading or radio broadcast.

John can make a film or sound recording based on his novel.

He can translate his novel into another language.


John can adapt his novel into another form, such as a screenplay.

In relation to a translation or an adaptation of his work, John can do any of the


acts specified above.

If anyone else wants to do any of these things with John's novel, they would need
to get his authorization. If they don't, they could be infringing on John's copyright.

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