Question

Discuss the various rights conferred to the authors under the copyright act, 1957.

Answer 1

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➡️ANSWER⬅️

The various rights conferred to the authors under the copyright act, 1957 are as follows:

$\underline{Right\:of\:Reproduction}$

✓This is the most prominent right which is acquired after the copyright protection.

✓This right authorizes the person having such copyright to make copies of the protected work in any form.

✓In the modern context copying, a song on a Compact Device or any sound and visual recording can be considered as a reproduction of the content.

✓Prior to copying the permission of the author is required unless it can be shown that such copying is not intended to make any commercial benefits out of it.

$\underline{Right\:to\:Distribute}$

✓Right to distribute is an off-shoot of the right of reproduction.

✓The person who owns the copyright owner may distribute his work in any manner he deems fit.

✓The owner is also entitled to transfer the whole or some rights in favor of any other person while retaining others.

✓For example, he can entitle any person to translate his work.

$\underline{Right\:to\:make\:Derivative\:Works}$

✓The copyright has the right to use his work in various ways, for instance making adaptations or translations.

✓One example of adaptation is making a movie based on a novel, so here to make any derivative work the consent of the owner is mandatorily required.

✓In these situations, certain other rights of the owner also come into play, like the right to integrity which protects the owner against deformation, defacement or modification of his work in a way that it is harmful for his reputation.

$\underline{Right\:to\:Publicly\:Perform}$

✓The owner of the copyright has the right to publicly perform his works.

✓Example, he may perform dramas based on his work or may perform at concerts, etc.

✓This also includes the right of the owner to broadcast his work.

✓This includes the right of the owner to make his work accessible to the public on the internet.

✓This empowers the owner to decide the terms and conditions to access his work.

$\underline{Right\:to\:Follow}$

✓This right is granted generally only to the authors and artists.

✓This empowers the authors to obtain a percentage of the subsequent sales of his work and is called Droit de Suite or Right to Follow.

✓The right is also available to artists on resale of their work.

$\underline{Right\:of\:Paternity}$

✓The Right of Paternity or Attribution gives the copyright owner a right to claim authorship of the work.

✓Under the Right of Paternity a copyright owner can claim due credit for any of his works.

✓Thus, if a movie is produced based on a book by an author, and he hasn’t been given due credit in it, he can sue the makers to acknowledge his work.

$\underline{Sui\:Generis\:Rights}$

✓The ordinary copyright law often fails to protect the computer software and databases since the essential element of creativity is not present in such databases.

✓Therefore, there was a need for new law to protect such software and databases.

✓The law of sui generis was introduced to resolve the problem of resolving databases on the whole.

✓A database is a compilation or arrangement of information which may not be creative; it may still require protection from unauthorized copying.

✓However, this may require certain modifications such as the making of copies has to be excluded from such copyright protection.

✓Such database right exists for a fifteen year period.

$\underline{Private\:Copying}$

✓This is an exception to the reproduction rights which are attained by the owner.

✓According to this right, any person can make copies of the copyright protected work if it is proved that such copying is for educational purpose and that there is no commercial motive behind such copies being made.

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