To understand how these rights can be used or licensed, every company need an expert in this. it’s helpful to analogize them to a bundle of sticks, where each stick represents a one of these rights. The copyright experts have the right to keep each “stick” for themselves, to transfer them individually to one or more people, or to transfer them collectively to one or more people. In short, copyright allows the experts to choose the ways his/her copyrighted works are made available to the public.
The basis for copyright protection stems directly from our Constitution. The Framer’s believed that securing the exclusive rights of authors to their writings for limited periods would “promote the progress of science and useful arts.”
The primary objective of copyright is to induce and reward authors, through the provision of property rights, to create new works and to make those works available to the public to enjoy. The theory is that, by granting certain exclusive rights to creators, which allow them to protect their creative works against theft, they receive the benefit of economic rewards and the public receives the benefit of the creative works that might not otherwise be created or disseminated.
While copyright law is intended to serve the purpose of enriching the general public through access to creative works, it’s important to understand that it imposes no obligation upon creators to make their copyrighted works available.
There are some limitations on the rights granted to copyright experts. Under certain circumstances, anyone can use a work without getting the copyright experts’ permission or paying the copyright experts to use it. Fair use is a good example of that, and you can find more information about fair use here at VQMS Pvt.Ltd.
There are three basic requirements that a work must meet to be protected by copyright. The work must be:
Original: To be original, a work must merely be independently created. In other words, it cannot be copied from something else. There is no requirement that the work be novel (as in patent law), unique, imaginative or inventive.
Creative: To satisfy the creativity requirement a work need only demonstrate a very small amount of creativity. Very few creations fail to satisfy this requirement.
Fixed: To meet the fixation requirement, a work must be fixed in a tangible medium of expression. Protection attaches automatically to an eligible work the moment the work is fixed. A work is considered to be fixed as long as it’s sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
These three requirements do not present difficult obstacles
regarding copyright protection. In fact, unlike the requirements for protection
under patent or trademark law, very few works that fall within the subject
matter of copyright fail to satisfy all three of these requirements. Generally,
a copyrighted work is protected for the length of the author’s life plus
another seventy years. In the case of joint works, copyright protection is
granted for the length of the life of the last surviving joint creator plus
another 70 years. Works made for hire, as well as anonymous and pseudonymous
works, are protected for a term of either 95 years from the year of first
publication or 120 years from the year of creation, whichever is shorter. When
the term of protection for a copyrighted work expires, the work enters into the
public domain.
Visit our website https://vqms.co.in/ to know more about Copyrights!
Do visit VQMS Catalog to identify services needed and for free Webinars and Work shop.
Comments
Post a Comment