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is copyright law a valid restriction on Article 19(2), and its effects

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Copyright

  1. 1. Introduction Copyright Law, is it a valid restriction of freedom of speech and expression
  2. 2. 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.
  3. 3. 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.
  4. 4. 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 circulated earlier;  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;
  5. 5. 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;
  6. 6. 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.
  7. 7. 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 .
  8. 8. Requirement of the Registration of Copyright 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.
  9. 9. Accomplishment of Copyright in India 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.
  10. 10. Copyright versus the Freedom of Expression  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 on another.  Since, the law of copyright protects the right of one person and restricts another from exercising equivalent rights.
  11. 11. Conclusion 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

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