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TMI BlogThe Rights of a Creator Under Copyright Act, 1957X X X X Extracts X X X X X X X X Extracts X X X X ..... The Rights of a Creator Under Copyright Act, 1957 X X X X Extracts X X X X X X X X Extracts X X X X ..... onferred upon creators under copyright law allow them to retain control over how their works are used, reproduced, and distributed. Types of Works Protected by Copyright Copyright protection extends to original works of authorship in a variety of categories, including: * Literary Works: Books, articles, essays, poems, and software. * Dramatic Works: Plays, scripts, choreography. * Musical Works: Songs, musical compositions. * Artistic Works: Paintings, sculptures, photographs, architecture. * Films and Audiovisual Works: Movies, documentaries, TV shows. * Sound Recordings: Music tracks, sound effects. * Software: Computer programs, mobile apps. The Rights of a Creator Under the Copyright Act, 1957 The rights of a creator u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Indian copyright law are divided into economic rights and moral rights. These rights enable creators to control the use of their work and prevent unauthorized reproduction or adaptation. 1. Economic Rights Economic rights allow the creator to commercially exploit their work and receive monetary compensation. These rights include: * Right to Reproduce the Work: The creator has the exclusive right to reproduce their work, i.e., make copies of it in any form, whether through printing, recording, or any other medium. * Example: If an author writes a book, they can control the production of copies of that book and distribute them through publishers or directly. * Right to Distribute the Work: The creator has the right to distribute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copies of the work to the public. This includes selling, renting, or lending copies of the work. * Example: A musician has the right to distribute their music on physical media (e.g., CDs) or digital platforms (e.g., streaming services). * Right to Perform or Display the Work Publicly: This right allows the creator to control the public performance or exhibition of their work, whether it's a play, musical composition, or art. * Example: A playwright can control the public performance of their work by theaters and performing companies. * Right to Create Derivative Works: The creator has the exclusive right to create adaptations or derivative works based on the original. This includes translating the work, adapting it into a different ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medium, or modifying it. * Example: A novelist has the right to allow or prevent their book from being adapted into a movie or television show. * Right to License or Assign the Work: The creator can assign or license their rights to others for specific purposes, such as selling the rights for reproduction, distribution, or performance. This means the creator can allow others to use their work for a fee or royalty. * Example: An author might license the rights of their book to a movie studio for adaptation into a film. 2. Moral Rights Moral rights are personal rights that protect the creator's connection to their work. These rights exist independently of economic rights and are meant to preserve the personal and reputational int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egrity of the creator. * Right of Attribution (Paternity Right): This right allows the creator to be identified as the author of the work, even if they assign or license their economic rights to others. It protects the creator's name from being falsely associated with a work. * Example: An artist has the right to have their name credited whenever their artwork is displayed, sold, or published. * Right of Integrity: The right to object to any modification, distortion, or mutilation of the work that could harm the creator's honor or reputation. This right protects the creator from changes that may misrepresent their work or tarnish their image. * Example: A photographer can object if their photograph is digitally altered in a way that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... changes its meaning or emotional impact, especially if this alters the artist's intended message. Moral rights are generally not transferable (i.e., they cannot be assigned to others), but they can be waived. However, they exist as long as the work is under copyright protection. Duration of Copyright Protection In India, the duration of copyright protection depends on the type of work: * Literary, Dramatic, Musical, and Artistic Works: The copyright lasts for the lifetime of the author plus 60 years after their death. * Cinematographic Films: Copyright protection for films lasts for 60 years from the date of release, irrespective of the creator's life. * Sound Recordings: Copyright in sound recordings lasts for 60 years from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date of recording. For works created by multiple authors, the copyright duration is calculated from the death of the last surviving author. Exceptions and Limitations to Copyright While copyright law provides significant protection to creators, there are certain exceptions and limitations, where others may use the copyrighted work without the creator's permission, including: * Fair Use (Fair Dealing): Certain uses of a copyrighted work are allowed without permission under the "fair use" provision. This includes uses such as criticism, review, research, and news reporting, as long as the use is fair and does not harm the market value of the original work. * Example: Quoting a passage from a book in a review or critique, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r using parts of a song for educational purposes. * Compulsory Licenses: In some cases, a creator may be required to grant a compulsory license, where others can use the work under certain conditions, usually in the public interest. This is common in cases where the work has not been commercially exploited. * Example: If a song is not being made available to the public, a third party can apply for a compulsory license to reproduce and distribute the song. * Use by Government or for Public Interest: In some cases, copyright may be overridden for government use, or works may be used for educational, non-commercial, or public policy purposes. Infringement of Copyright When someone uses a copyrighted work without permission, they are in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fringing the creator's rights. Copyright infringement can involve the unauthorized reproduction, distribution, performance, or adaptation of a work. Creators can take legal action against infringement, including seeking an injunction to stop further infringement, claiming damages for economic loss, and demanding accounting of profits gained by the infringer. Conclusion: Creators under the Copyright Act, 1957 have significant control over their original works through economic and moral rights. They can decide how their works are used, how they are reproduced, and who can profit from them. At the same time, the law seeks to balance the interests of creators with the public's access to knowledge and creativity through limitations and except ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions like fair use and compulsory licenses.
The landscape of copyright law is evolving, especially in the digital age, where the internet has transformed how works are distributed, shared, and used. Creators must stay informed about their rights and responsibilities to ensure their works are protected and used appropriately. X X X X Extracts X X X X X X X X Extracts X X X X
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