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Copyright is the sole & exclusive right to publish the work or any substantial part thereof and / or reproduce for publication or reproduction of the translation of the work under Section 14 of the Copyright Act 1957.
There can be no copy in the works that have not yet come into existence. It can only exist in relation to works already published or supported. It can be equipped with two consecutive release to work, but we have no present existence is not subject to copyright.
Authors - Section 2 (d) of the Copyright Act of 1957 defines the importance of authors, such as the person who causes the work. A person who is only on the idea that the author is working on are not the author, not even a joint author of the work. A short-hand writers, the notes are not the author. Authorship is the organization of a deserving full production, with the author or the thought of the author as well as the thought of others, and organized in a communicable form and with the impression of the distinctive individuality of the mind that produced it.
Section 13 (1) of the Copyright Act, 1957 Copyright remains throughout India in the following classes of original literary, dramatic, musical or artistic work, cinematograph films and sound recordings, the provisions of this section and the other provisions of this Act.
Copyright subsists in all work done in paragraph (1), other than a work which the provision of Section 40 or Section 41 shall apply, unless in case of publication of the work, the work for the first time in India, or when the work first published outside India, the author is at the time of publication, or in one case in which the author was dead at that time, was at the time of his death, a citizen of India and in the case of an unpublished work of others as a work of architecture, the author is at the time of production of the work is a citizen of India or domiciled in India, and in the case of the work of architecture, the work is located in India. In the case of a work of joint authorship of the condition, the copyright in this paragraph shall be complied with by all the author of the work.
Original and originality .- Section 13 (1) provides that copyright exists in original literary, dramatic music and the arts. What is a concept of "originality"?
The word "original" does not mean that the work has the concept of original or inventive thought. The originality which is required relates to the expression of thoughts, but the law does not require that the expression must be in original or novel form, but that the work not be copied from another work from the author. All new and original plan, arrangement or compilation of materials entitled to copyright there to copy. Whether or not the material itself old or new. A good literary work requires considerable thought, skill and labor. However, the existence of the "originality" is a question of fact and degree.
There is no such thing as an "international copyright". Most countries offer protection to foreign works under certain conditions and these conditions have been greatly simplified by international copyright treaties and conventions.
India is a member of the Berne Convention and Universal Copyright Convention Agreement.
Acquisition of copyright is automatic and requires no formality. However, certificate of registration of copyright and the entries therein as prima facie evidence in a court in respect of disputes relating to the ownership of copyright.
Registration takes place on the form IV (including communication of information and notification of further details) together with the prescribed fees. The applications can be accepted by the lawyer in whose favor a power of attorney was executed.
Both published and unpublished works can be registered. If a work was unpublished and then published, the applicant for the changes in the particulars in the register of copyrights in the form of V with prescribed fee.
As a general rule that the copyright for the duration of life, which is 60 years. In the case of original literary, dramatic, musical and artistic works of 60 years is counted from the year after the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and with international organizations, which is 60 years counted from the date of publication.
http://www.delhilaw.firm.in/patent_intellectualpropertyright.htm
http://trustman.org/lawfirm/trademark_india.htm
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วันพฤหัสบดีที่ 13 สิงหาคม พ.ศ. 2552
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