Copyrights! – Enforcement

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Hello reader,

Thanks for reading my last post on Copyrights.

How can I get my work Copyright protected?

Following conventions and treaties are present who govern Copyright law.

  • Berne Convention [India is Member]
  • Universal Copyright Convention [India is Member]
  • Rome Convention [India is Member]
  • Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) [India is Member]
  • WIPO Copyright Treaty (WCT)
  • WIPO Performances and Phonograms Treaty (WPPT)

Copyright protection can be obtained automatically without the need for registration or other formalities. But voluntary registration of works can help to enforce copyrights.

Relaxation in use of Copyrighted work

  • Performance by an amateur club or society (Performance is given before a non-paying audience)
  • Use for the purpose of research or private study
  • Use for criticism or review
  • Use in connection with judicial proceeding
  • Use for reporting current events
  • Making of sound recordings of literary, dramatic or musical works under certain conditions

What is copyright infringement? How I can enforce my rights?

Moral rights give power to claim authorship of a work and the right to oppose changes to a work that could harm the creator’s reputation.

Economic rights give power to prohibit infringing activities and authorization related aspects.

Infringement includes:

  • Reproduction in various forms, such as printed publication or sound recording
  • Public performance, such as in a play or musical work
  • Recording (CDs or DVDs)
  • Broadcasting
  • Translation into other languages
  • Adaptation (Novel into a film screenplay)

Enforcement of Copyrights

  • Seek a legal remedy from a court or other competent authority
  • Send a formal notification to the alleged infringer, requesting him to stop the infringement and/or to pay compensation
  • Bring a claim before a civil court for monetary compensation and also to prevent the continuation or repetition of the infringement
  • Complaint may be submitted to the police, public prosecutor or other competent authority in accordance with applicable local law

Remember! To Enforce, Protect first.

A recent interesting case on Copyrights can be accessed here.

An another interesting case of Copyright Infringement with recent judgement can be accessed here.

Stay tuned.

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