Tuesday, 30 August 2016

What is copyright law and what does it protect Hindi and English

Three years imprisonment on misuse of Copyright law 


A few days back Delhi High Court had put ban on Saket Bar and Resturant on playing Bollywood singer's songs without giving Royalty. Also, the High Court gave instructions that without the permission of Indian Singer's Rights Association, Saket Bar cannot play their songs. This is an important decision regarding Singer's rights. Judge S .Murlidhar stated that playing of singers songs without permission is an encroachment on their Royalty rights. These artists have a right to the Royalty of 50 years. According to copyright act sec 38 a. The singers have the right to a royalty each time their songs are played. 

The important point here is that the association takes a nominal fee for Royalty in such cases. This association is the first society which has been registered by the central government. The following artists are main founders of this association, Lata Mangeshkar, Usha Mangeshkar, Suresh Wadkar, Pankaj Udhas, Sonu Nigam etc. Each artist has signed a deed in order to accept royalties. 

Sec 33 says that Copyrights owners can make their own copyright society. There should be at least 7 members in the society.These members would see the copyright work jointly. These artists can give licenses regarding rights. They procure fees in lieu of it. The fees are distributed among copyright owners. The following are some registered societies. Indian singers Right Association, Society for copyright regulation of Indian producer of film and television, Indian performing art society etc.

In layman language misuse of copyright is to publish and display any art form of any artist without permission. Showing and displaying it in public places and making the profit out of it comes under this act. The copyright law came into function in 1957.

Madras high court gave instructions in SR Jayalakshmi and Meta-musical case that the main purpose of this law is to stop anyone mimicking someone's hard work and talent. The nearest police station notes the FIR in such cases.Under sec 63 misuse of copyright law deliberately can get one imprisonment to a minimum of 6 months or 50000 fine or both as per case. 

The maximum jail time is 3 years with a fine of 2 lakh rupees. Under sec 71 the appeal against magistrate's instructions can be done within a month to a higher court.    

Fact Any appeal against the copyright registrar's verdict can be appealed to the copyright board within 3 months.    



By - Nandita Jha - Source D Bhaskar

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