A Complete Information on Global Copyright Protection

After the Independence the Indian Copyright Act, 1957 was the 1st copyright legislation in India, but since 1957, this act has been modified six times. The recent modification was in 2012 through the Copyright Act, 2012 (Amendment). India is also a member of most respected global copyright protection treaties governing the copyright law, including the following:

• The Rome Convention, 1961.
• The Berne Convention, 1886.
• TRIPS or Trade-Related Aspects of Intellectual Property Rights.
• The Universal Copyright Convention, 1951.
• In the past, India was not a part of the WTC (WIPO Copyright Treaty) and WPPT (WIPO Performance and Phonograms Treaty), but in 2013, India becomes a member of these treaties.

Global Copyright Protection is a creation of law in each country, and there is no such thing as a Global Copyright law. Almost 180 countries have sanctioned a treaty- the Berne Convention is managed by WIPO or World Intellectual Property Organization. It sets a minimum standard for protecting the creator’s right of copyrighted works around the globe. Scroll down to check more information regarding Global Copyright Protection.

Global Copyright Protection – An Overview

Global Copyright Protection is a law that will protect an original work or creation of an author worldwide. This protection is given against any unauthorized use in a specific country, depending on the country’s national laws. But many countries in the world protect foreign work under some circumstances, which Global Copyright Conventions and Treaties have significantly simplified. In 1999, the International Copyright Order was articulated to protect the original creator or author of the foreign copyrighted works and implement protections beyond the country limits.

Also, Read: How to File Reply to Copyright Objection in India?

Study of Global Copyright Protection under Indian Law

In the Indian law, copyright of original works of the different nations mentioned in the International Copyright Order is secure in India, as if the original works are Indian works. The benefits of allowed to foreign works must not spread beyond what is available to the works in the domestic country and only on an equal basis, i.e. to say the foreign country should grant the same protection to original works authorized to Copyright under the Act. In a specific, regarding the application for Copyright Registration found on the examination of the application that the original work submitted for the registration under the Copyright Act, 1957 was already registered in the USA; therefore, an inconsistency was raised.

The Registrar of Copyrights noticed that according to the provision of the Copyright Act, 1957 (Section 40), read with International Copyright Order, 1999, defines that the countries copyright who members of the Berne Convention for the protection are of Artistic and Library Works are secure in India. In Part 1 of the schedule, a list of such countries are available. Moreover, the Learned Copyright registrar decided that an applicant demands, so, he or she may also search for Copyright Registration of their original work in India by fulfilling the Copyright Act 1957 and Copyright Rules, 2013.

What is the Importance of Global Copyright Protection?

The primary objection of the copyright agreements or treaties is focused on the original works or inventions of the mind which is the subject matter of protection under copyright law, and it must be distributed and circulated irrespective of their countrywide borders. The basic principles of the foremost Copyright Treaties or Conventions are as follows:

• Principle of Automatic Protection: The meaning of this principle is that such national treatment shall not be depending on any formalities, i.e., protection should not be restricted upon the compliance with any formalities.
• Principle of National Treatment: The works initiating in one participant country are given the same copyright protection in the other participating countries as each grant to works on its own countries.
• Principle of Independence Protection:  In this, the satisfaction and exercise of the rights in a protected work in a particular nation are not dependent on the existence or non-existence of protection in the country origin or any other country.

Different Types of Rights within Copyright

Most of the national copyright laws know two different types of rights within copyright:

The United States of America (USA), the United Kingdom (UK), New Zealand, Canada, and Australia tend to minimize the presence of moral rights in favour of importance on economic rights in copyright.

• Moral Rights: This right state the idea that a copyrighted work is an appearance of the creator’s personality, ability of thinking, and humanity and they contain:

1. Right to be identified as the work’s creator or author.
2. Right of Integrity, i.e., right to prohibit disfigurement, modification or falsehood of the work.
3. Right of the first divulgation.

Note: The owner or creator cannot transfer Moral Rights to a 3rd party, and some don’t expire in some countries.

• Economic Rights: It identifies the holder’s right to use or ban the use of a work and arrange its use conditions. Different specific uses of work can be treated distinctly, which means that the holder can deal with each right containing licensing, selling, using, or transferring the right on an individual’s type of basis. This right usually contains:

1. Right of Reproduction, for example, making copies by the analogue or digital medium.
2. Right of Distribution by way of noticeable copies, for example, copies of renting, selling, or lending.
3. Right to communicate to the public which contains public display & performance, and broadcasting over digital networks like the internet.
4. Right to Transformation such as translation of text work.

Duration of Global Copyright

The duration of Global Copyright Protection may vary from nation to nation depends upon the type of work. Although Berne Convention arranges a set of minimum duration of a Global Copyright Protection in a literary work which is equal to the author’s life 50+ years, in most of the cases and nations today, the general rule is that copyright in musical, literary, artistic or dramatic works lasts for the author’s life and then until 31st December of the 70 years after his or her death (i.e. 70+ years). In some nations, particular rules may apply that change or add to the general rule of 70+ years, for instance, granting postponements for the period of WW2. Moreover, some nations had different terms of copyright that were in effect before accepting general rule. For example, the USA did not accept a life plus duration of copyright until 1978.  These differences in-country laws suggest the fact that in some situations a particular work can still be in copyright in some nations but out of copyright in others.

Conclusion

If any creator or author wants to have Global Copyright Protection for his or her original work in a specific country, it must first determine the protection available for the author’s foreign works in that nation. If possible, this should be done before publishing the work anywhere because the security may depend upon the existing facts during 1^st publication. Some nations provide no Global Copyright Protection to any foreign works.

Also, Read: Procedure for Website Copyright Registration in India