By Jagriti-
Intellectual property rights have given protection to the economic development nation. Give the detail about the creative work of human intellectual “Sin Quo non” has the contribution p for trademarks development. India consists of dramatic, musical and artistic work and has the main focus on cinematograph films and sound recording. In matter examination, reports regarding law, choreographic works etc. Copy right constitutes a very important element which in the process of the development of the country. The hypothesis of copyright has a decade the significance in the frame of the reference of contemporary scientific, economic, social and political and legal environment not only in India but also in the whole world. The copy has preserved the copyright of owners but also to give out the subject of public interest and maintain a balance between two in this digital environment.
The modern law of copyright act1980
Original musical works- Musical works define graphical notation and work consisting of music but musical work does not include any of the words or action which intended to sing or performance with music. The distinction has been made between the musical work and song to be statute which may not be without music. Under that said section2(P) song is sung which has music will not because of a musical work.
In Indian performing society V Eastern Indian motion pictures assn. Justice Krishna Iyer observed that melodious or harmonious tune reduced to writing or graphic form. This enchanted by the Nada Brahma the sweet concord like the rage and bhava has been existing singing.
TEST OF ORGINALITY
The expression of inventive thought does not relate the meaning of the “original; or the work copied from another should not have been important, for a work to be original. In case of literary work are not only related with originality of the ideas but also with the expression of thought. It directly points out that the work should be arise from author and with this basically there are of two types of remedies in this infringement of the copy right – the civil remedy and the administrative remedy the said provision empowers to remedies by the way of injunction/damages on infringement of right under the act in respect of any work.
In case of Fredrick Emerson V Chas davis in the case the plaintiff write a new book and it was in copyright cases those words are to be understood in original sense. This is not main question the words or the material which have been used before or not. The question is the material for or plan used for the same purpose or for any other purpose.
In Gopal Vs Jagatnath prasad the put tone were the publisher of the book the issue was the defendant published the same with same colorful
OWNERSHIP OF COPYRIGHT
The first owner of copyright in that work and ownership in literary, dramatic and musical work. This is basically a direct relation to the literary or dramatic work or musical work (the composer). An idea for a story, picture to communicate of the thinking is the copyright of person and the idea should be clothed in a form
Joint authorship– The collaboration of two or more is work of joint authorship which means a work produce. In the joint authorship there have been contribution of other author or authors.
In Levvy V Ruthleythe issue of joint authority was discussed by the court. In this on the suggested topic a person who was employed by another write a play on a specific topic. The company introduced the alternative when the play was completed, the plaintiff and some other members. And to make more attractive some dialogues and additional some were added. The issue was raised by the plaintiff a joint partner in that or not. But the court held that plaintiff has even played a very role but he contributes that considers to joint partner.
Infringement of copyright and neighboring rights
There is some protection of the copyright Act,1957 extends copyright by conferring certain exclusive right to the work. The labor and investment to the exclusion the rational of providing copyright protection to the owner of the work. Under section 52 there are some rights given to public at the same thing in Merrill company v Isidor Straus and Nathan Straus the us supreme court held that on a private domain owned and occupied by the owner of the copyright and this is an infringement of a copyright is a trespass. The owner of the copyright consists in the doing by any person, of the anything sole right to which is conferred and without the consent of the owner of the copyright.
Under section 52 there are some rights given to public at the same thing in Merrill company v Isidor Straus and Nathan Straus the us supreme court held that on a private domain owned and occupied by the owner of the copyright and this is an infringement of a copyright is a trespass. The owner of the copyright consists in the doing by any person, of the anything sole right to which is conferred and without the consent of the owner of the copyright.
Conclusion– At last we conclude that this article focusing on the infringement of the copy rights and the owner ships of the copyrights this includes that the anything sole right to which is conferred and without the consent of the owner of the copyright. The owner of copyright in that work and ownership in literary, dramatic and musical work. This is basically a direct relation to the literary or dramatic work or musical work. The copy has preserved the copyright of owners but also to give out the subject of public interest and maintain a balance between two in this digital environment.