If you are a blogger, Youtuber or in simple words you are a content creator, then you should know about copyright, what is copyright? What are the rules related to copyright and what are the fines or punishments for not following the copyright rules. So in today’s article we will understand about copyright, we will know what is copyright and its rules and regulations. What things come under it, which you have to follow according to the rules. So let’s know in detail about the Copyright Act.
Look friends, content theft is nothing new. People used to do this earlier and still do it. But nowadays strict laws have been made for this. If we look into history, then many such incidents will be found, when after getting the best work done from the artists, their hands were cut off, so that they could not do such work again. Meaning, the artist did not even have the right to copy his own work.
Now just think, you wrote a book after working hard day and night. And if someone else copies it and sells it at a low price and earns more money than you, then how will you feel? Obviously, you will feel bad. You will want that he should be stopped as soon as possible and maybe even punished. But all this is not possible without the Copyright Act. That is why the Copyright Act was brought, so that theft and misuse of copied content can be stopped.
Copyright is actually a legal right related to the digital world which allows a person to create an identity for his own work and upload it on social media. In simple words, it gives you full ownership rights on the thing you have created (like post, sound, film, painting etc.). Meaning, you can publish it, recreate it and also sell it.
Suppose, you have written a book. Now you will have copyright on that book. That is, you can republish it, make changes in it and even sell it. But if someone else wants to do this, then he will have to take permission from you. Because you are the real owner of that book. No one can publish or copy your book without your permission, because it will be a violation of copyright law.
So, copyright gives you full control over what you have created and protects your hard work.
The copyright symbol is a special mark called the Copyright Symbol or Copyright Sign. It is used in Copyright Notices for different purposes. Although it is not required everywhere, it is especially used in copyright related information and notices. Its use is explained in detail in the Universal Copyright Convention.
The Copyright Symbol looks something like this: A capital letter ‘C’ enclosed in a round circle. That is, a large English ‘C’ inside a round circle. You will find this mark at the bottom of most websites. It is also called Copyright Logo.
India’s first copyright act made in 1957, which is called Copyright Act 1957, is still important today. Earlier, Britain’s Imperial Copyright Act 1911 was applicable for copyright in our country. But then in 1957 it was replaced by a new Copyright Act.
Many changes have been made in this act from time to time. Recently in 2019 also there was a major amendment. It included the establishment of the Appellate Board, Tariff Schemes of Copyright Societies and many provisions related to Royalty.
If seen, as the form of content changes, the rules of copyright also keep getting updated. When this act was made in 1957, there was no trace of the Internet. But as soon as the Internet came and the era of digital content started, there was a need to change this act as well. Therefore, many new rules were added keeping digital content in mind.
So overall, the Copyright Act 1957 has maintained its identity even today by updating itself with time.
If you are thinking that only posts, photos, videos and music come under the Copyright Act, then you are wrong. Actually, many things are protected under this Act. The following things get protection in this Act:
Handwritten content – like songs, stories, poems, dramas, novels, one-act plays, short stories, screenplays, articles, essays etc.
Videos – like videos, films, documentaries, animations etc.
Sound/Audio – like voice, recordings, sound from sound effects, music etc.
Photos – like photographs, sketches, paintings, cartoons etc.
Design – like the design or map of a building, structure etc.
Copyright of statue – like statues made of metal, stone, wood, rubber, plastic etc.
Digital things – like posts, websites, ebooks, graphics, video games, mobile applications, software, computer programs, etc.
Copyright of song or any feat – like singer, dance, magic, stunt, tamasha, acrobatics, juggler’s game, drama etc.
All the things mentioned above are called ‘Copyright’ in this Act and they get protection.
When a person creates something of his own, he becomes its copyright holder. Meaning, he has full rights over that thing. Now if we talk about Copyright Act 1957, then under this law, the copyright holder gets all these rights:
To completely recreate his things.
To make copies of it.
To publish it in public.
To make a film or video on it.
To record a song or music.
To translate it into another language.
To store it in digital form.
To give permission to someone else to use it.
To transfer your copyright.
To rent it to someone.
To sell it.
So these are all the rights that a copyright holder gets.
When a writer or content creator brings his art to the world, it gets copyrighted from that moment onwards. This copyright remains for 60 years even after his death. This means that even after the death of the creator or artist, his family or heirs have the right over his art.
Copyright Act means using something created by someone else without their permission. Under the Copyright Act 1957, there are some things which are considered copyright infringement.
If you use any art which you do not have the right to, then it will be considered infringement. This includes:
Copying someone else’s thing, whether fully or partially.
Recreating it with slight changes.
Putting it in front of the public.
Translating it into another language.
Converting it into another format, such as film or sound recording.
Making a copy of it for personal or business purposes.
Renting it.
Selling it.
So keep in mind, if you want to use someone else’s thing, then first take their permission.
You must have heard about Fair Use Policy. It actually allows the use of Copyright Protected Content under certain conditions. And doing so does not violate copyright. But the question is, what are these conditions? Let’s know.
Fair Use includes private or personal use of any art (such as study or research). Yes, these rules do not apply to computer programs. If you are reviewing any art, then also come under Fair Use. Reporting of events also includes public speech, which comes under Fair Use.
Making copies of licensed computer programs also comes under Fair Use. Temporary storage of things present in the Public Domain is also included in this. If you have purchased a program legally, then it is also right to make a backup of it for personal use.
The use of things for training by teachers and students, the use of art as questions in exam papers, and the display of art in school also fall under the category of Fair Use.
So overall, the Fair Use Policy covers many such uses that do not violate copyright. Its purpose is to use things in a fair way for education, review, reporting and your own use.
The Copyright Board is the largest platform for copyright matters, which you can also call the Supreme Court of the copyright world. Here all disputes and issues related to copyright are resolved. The chairman of this board is a current, future or former judge of the Supreme Court.
Apart from the chairman, there are two more members in the board. Also, there are many officers and employees who help in the functioning of the board. All of them are appointed by the Central Government on the suggestion of the chairman.
There is a register in the Copyright Board office for copyright registration. It contains the name of your work, author’s name, publisher’s name, date of publication, name and address of copyright holder, and other important information. This register is always present in the copyright office and also contains information related to patents.
Now the question is what needs to be done for a patent? So brother, it is very easy. To get any work patented, you have to apply in a prescribed format. That is, you have to fill in the name of your work, date of publication, name of the publisher, name of copyright holder, address and other important information and submit it to the copyright office.
What can be the punishment for violating the Copyright Act? Let’s understand in simple language.
If someone violates copyright, he can be jailed for a minimum of 6 months and a maximum of 3 years. Also, a fine of Rs 50,000 to Rs 2,00,000 may also have to be paid.
Now suppose someone made this mistake once and then again or repeatedly makes the same mistake, then he can be imprisoned for at least 1 year and maximum 3 years each time. Also, a fine of Rs 1,00,000 to Rs 2,00,000 may also have to be paid.
If someone intentionally uses a cracked or mod version on his computer, then he can be imprisoned for at least 7 days and maximum 3 years. Also, a fine of Rs 50,000 to Rs 1,00,000 may also have to be paid.
So friends, avoid violating copyright and respect the work of others.
If you are a digital content creator, then you must have heard the name of DMCA. This is a copyright law specially designed to protect digital content creators. Although it has nothing to do with the Indian Copyright Act 1957, it is also an important law related to copyright.
The full form of DMCA is Digital Millennium Copyright Act. It was implemented by US President Bill Clinton in 1998. The real purpose of this law is to protect digital content.
Actually, with the help of DMCA, you can protect your blog or website and save your content from being stolen. If someone steals your content and puts it on his blog, then you can file an online DMCA complaint against him and get your content removed from his blog.
So friends, if you are a digital content creator, then DMCA is very useful for you. With this, you can protect your hard-earned content and protect it from theft.
Overall, copyright is a legal right that recognizes your own art or content. This gives you the right to copy, modify, publish and sell your original work. If someone steals your work without permission, it is called copyright infringement and there is a provision for punishment for it.
If someone violates copyright, he can be jailed for 6 months to 3 years and fined Rs 50,000 to Rs 2,00,000. Copyright related matters in India are settled by the Copyright Board under the Copyright Act 1957. At the same time, copyright offices are responsible for copyright registration, patents and trademarks.
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