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COPYRIGHT: WHAT IT IS AND WHAT IT IS NOT.

Courtesy/By: Aarushi Ghai | 2020-12-26 19:29     Views : 221

We need minutes to consider what copyright is not, or what copyright does not cover before we dive into a discussion of what copyright is and what copyright protects. There are a few common copyright law myths when people simply state what copyright law is, frequently underestimate the nature of copyright subject matter coverage, and what copyright does in practice. Copyright would not safeguard feelings. Ideas are never the copyright subject matter. Instead, copyright covers only the expression of the concept. Second, inventions are not safeguarded by copyright. It's a matter of patent law. This is the way the law bifurcates between the copyright system and the patent system. Inventions are protected by patent law and not under the copyright system because they are novel, useful and non-obvious. However, when you often see a subject matter that gets some amount of copyright protection, even though it gets patent protection, you should not get confused. A computer program is a concrete example here. Well, since computer software is liable for both patent protection and copyright protection, it does not mean that copyright protection is given to the underlying invention even though the same subject matter is protected and both are protected by copyright components that are not the invention. It preserves just the word. Thirdly, products or source identifiers are not protected under copyright. The subject matter of trademark law is that. Copyright only cares about the word produced. It does not care about source uncertainty, it does not care when there is a misrepresentation of something by someone about the source. All that copyright is worried about is the expression. These three principles maintain everything in and out of the framework of copyright and help bifurcate the legal system between various types of intellectual property.

Moreover, just because you copied something doesn't mean that it is a violation of copyright. And when it's the copying of protected speech with infringement, it is a common mistake to equate copying. That's incorrect. Infringement of copyright is a complex legal doctrine and the doctrine states that for it to amount to copyright infringement, you must copy in a certain way of a certain nature. Copying is not synonymous with infringement and copying does not fall into infringement immediately. And when you repeat, even though the work or even when what was copied was protected under copyright law, you need to keep the two apart.

Finally, for defence, copyright doesn't require registration. This makes it exclusive from trademark and patent law.   You need to go to a government agency in trademark and patent law to check your application and what you are seeking protection for, and then they give you a paper certification, and you will get patent protection or trademark protection only after that issuance. With copyright law, that's not the scenario. The moment the subject matter becomes eligible for copyright protection under their legislative requirements, you immediately get copyright protection. This is the automatic safety theory. Today, in the manner in which it functions, copyright law does mandate registration, but it is very important to remember that registration is not a requirement for copyright protection. This registration provides certain additional elements of protection to the individual who gets protection, such as higher fines if it is infringed or some particular forms of remedies. The law does not state, however, that you need to be licensed as a precondition for security. So if you hear people say, go and patent your idea, or your idea hasn't been patented. Wrong they are. As long as the work meets eligibility criteria for copyright, from the moment of creation, copyright automatically hears and subsists in the work.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Aarushi Ghai | 2020-12-26 19:29