Copyright Laws

COPYRIGHTS

A copyright represents an original and unique work of authorship in a corporeal form . Thus the owner of the copyrighted work has the privileges to copy , prepare variant of , distribute , publicly perform and exhibit the work . Thus the examples of copyrightable subject matter include literary work such as news articles , books , visual creations such as photographs and film , art , dramas , plays , scriptures musicals or other sound recordings , architectural works . Normally copyright protection is available throughout the life of the author plus 70 years , 120 years from creation or 95 years [banner_entry_middle]

from display or presentation to the public , if the work was prepared on behalf of another party

Product wrapping , such as the design on a Pepsi can , is a visual work subject to copyright protection . Other copyright illustration includes a Pepsi TV commercial , the Pepsi co web site and a point -of-purchase for Pepsi beverages

In the United States , copyright registration is legal formality intended to make a public record of the basic facts of a particular copyright . Although registration is not a requirement for protection , US copyright law provides several advantages to encourage copyright owners to register the works such as

Providing a public record of the copyright claim

If registration made before or within 5 years of publication , it will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate

If registration is made within 3 months after publication of the work or prior to an infringement of work , statutory damages and attorney ‘s fees will be available to the copyright owner in court actions .Otherwise ,only an award or actual damages and profits is available to owner

Registration allows the owner of the copyright to record the registration with the U .S customs service for protection against the importation of infringing of copies

The international conventions and treaties on copyright law compel its member countries to amend the country ‘s Copyright Act to harmonize it with provisions of various international treaties . In deference to such compulsion , USA , UK , EU has made certain amendments to its IPR Act

For instance in the USA , Napster company has been sued for the infringement of copyright laws by A M and other music companies . At last , Napster lost the case as the court ruled that internet consumers share music is not a suit of fair dealing

In Eldred V .Ashcroft , the US court openly declared that there is need for the USA to synchronize its copyright law with that of European Union council Directive 93 /98 /EEC of 93 . This directive has authorised the EU member states to widen the copyright protection for an extra 20 years to protect the creator ‘s right . The general assumption that The Bono Act has said to be triumphantly harmonized United States Copyright law with that of European Union but in reality this is not being the true as USA and EU is providing different copyright terms for a considerable number of works . For instance , in USA the protection extended for work-made-for-hire is for 95 years whereas in EU the same has been provided for 50 years .Of late , many famous sound recordings have fallen into the public domain in Europe and recording industries of USA have started to ensure stronger protection against such analogous cheaper foreign imports without consent of the creators . USA is of the view though these are fall under public domain in Europe , as these are protected under copyrights of Act of USA , any unlawful importation of these recordings still constitute an act of infringement . As regards to fair use , database protection , the work-made-for-hire agreement , the first sale doctrine , the safeguard against free downloading in digital atmosphere , there is a difference of opinion between USA and EU on enforcement of these copyrighted items

BIBILIOGRAPHY

Goldstein ,

(2001 . International Copyright : Principles , Law , and Practice . New York : Oxford University Press

Papadopoulos , The Economic Case against Copyright Owner Control over Parallel imports , The Market for Sound Recordings The Journal of World Intellectual Property , 6 (2 , 329-357 … [banner_entry_footer]