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Copyright Law, is it a valid restriction of
freedom of speech and expression
The main objective of the copyright law is to put a stop
to plagiarism and misuse of creative work.
It comes under the Article 19(1)(a) of the Constitution
i.e. the freedom of speech and expression.
According to this law, if a person has the freedom of
speech and expression, then that person must also be
trustworthy security of the academic property in his or
her expression, it can be in any form such as dramatic,
literary, musical, photographic, computer programme or
creative work, a sound recording or a film.
Copyright law is to guarantee the freedom and the
right to design and publish the artistic work by the
creator in his or her own way.
In this, the artist is given a financial reward or the
patronage by the individuals or by the state.
The main concern of this law is that the society must
develop through cultural aspect.
Provisions of Copyright
1) In the case of a musical, dramatic or literary work:
to make copies of the work in any material form which also includes
the assembling of it in any medium by electronic means;
to distribute the copies of the work in public, when the copies are not
to execute the work in public or communicate it to the public;
to create any sound recording or a film in relation to the work;
to make any explanation of the work;
to do any adjustment of the work;
To Be Continued…
2) In the case of any computer programme:
to make any changes, translation, generate the copies,
distribute it in public or communicate to the public;
to supply or give the copy of the computer
programme on rent on commercial basis;
Ownership of the Copyright
Copyright is usually owned by the person who design
or create the works of expression which includes a
few special exceptions.
If a work is created by an employee in the time span
of the employment, the employer owns the copyright.
To Be Continued…
If the work is made by a free contractor and that person signs a written
agreement citing that the work shall be "made for hire", the authorized
person or firm owns the copyright only if the work is:
a. a part of a big fictional work, for ex- an article in a magazine or a poem or
a story in a collection;
b. a part of a motion film or a screenplay;
c. a translation;
d. an additional work such as an introduction chart, bibliography, or index;
e. a collection or assembling;
f. a test or answer guide for a test;
g. an atlas
Requirement of the Registration of
The registration of the copyright is very
important because the copyright registration
certificate is taken as proof of ownership in a
Court of Law and also by the police authorities,
and worked easily by them.
Accomplishment of Copyright in
The Copyright Act, 1957 gives the authority to the
police to register the complaint and perform the duty
on its own to arrest the culprit, search the particular
area where the alleged resides and works and seize the
pirated material without any interference of the court.
Copyright versus the Freedom of
Copyright does not refers to a positive right to do something
but leads to a negative right which limits others from
copying the originality of the work of an author.
Therefore, a right for one person may become a restriction
Since, the law of copyright protects the right of one person
and restricts another from exercising equivalent rights.
Therefore, Copyright law is a valid restriction of
freedom of speech and expression as the creator
has the right to protect his or her creative work
from being copied, distributed, or modified
without his or permission.
is copyright law a valid restriction on Article 19(2), and its effects