Section 13 of The Copyright Act, 1957 defines the subject matter of copyright and divides them into (i) literary Paintings, (ii) Artistic Paintings (iii) Musical work (iv) Dramatic works (v) Sound recordings and (v) cinematograph films. Section 14 of the Act enumerates the distinct rights available to every form of paintings. Although one-of-a-kind rights are available for exclusive types of works, the rights can be broadly classified below the following heads:
Right to reproduce: The proper to reproduce i.e. the proper to make copies lies at the very coronary heart of copyright law. The proprietor of copyright in an artistic, literary, musical or dramatic work has special the proper to reproduce the paintings in any material shape. a good way to establish that a person has infringed this one of a kind proper of the owner of the copyright, the latter ought to show: a. that the alleged infringer needs to have copied the copyright owner’s paintings (in preference to unbiased creation) b. that the nature and quantity of the work that the defendant took should rise to the level of fallacious appropriation.
Right to distribute: This right embodies the one-of-a-kind proper of a copyright proprietor to distribute copies of the paintings. the language used in Section 14 is “to trouble copies of the work to the public no longer being copies already in movement” and there has been great litigation on the which means of the terms “not being copies already in circulate”. The import of these phrases influences India’s position on exhaustion of rights and the right of resale of works. For in addition information in this debate and that means accorded by courts to this section, you could talk to the module on parallel importation.
Right to public performance and communication: the copyright owner also has the one of a kind right to publicly carry out the work as nicely to talk the work to the public. Consequently, as an instance, within the case of a literary work, the copyright proprietor has the distinct right to recite the work in public. Similarly, for a musical work, the copyright owner has the extraordinary right for the said work to be performed in public. the time period “communication to the general public” has been defined within the act to mean making any work available for being seen or heard or otherwise enjoyed by the general public at once or by using any way of display or diffusion other than with the aid of issuing copies of such work irrespective of whether any member of the public certainly sees, hears or otherwise enjoys the paintings so made available. The distinct right to communicate the work is a totally essential Right for the copyright owner because it lets in the owner to govern the huge dissemination of the paintings and its miles this right that confers big monetary benefits on the copyright owner. As an example, the proprietor of a copyright in a film is capable of price royalty costs from movie theatres or sells rights in the film to such theatres since it has the exceptional proper to communicate the work to the general public.
Right to Adapt or Translate: The proprietor of copyright additionally has the different right to modify or adapt the work or. In different phrases, the copyright proprietor has the distinctive right to put together “by-product works” of its very own paintings. For example, the copyright owner in an eBook has the distinct proper to evolve the same into a movie. The term “adaptation” has been described in section 2(a) of the act.
Proper of sale or Rental: copyrighted works such as laptop programmes, films and sound recordings have a sizeable secondary market in which those works may be without difficulty disseminated very widely simply by means of Sale or apartment in a secondary marketplace. Thus the act recognizes the one-of-a-kind proper to sell or provide on the industrial apartment or provide on the market or for commercial condo replica of a laptop programme, movie or sound recording.
