INTERNATIONAL COPYRIGHTS- HOW TO APPLY?
International copyright law doesn't exist! Each country has its own domestic copyright laws that apply to its own citizens, and also to the use of foreign content when used in one's country. It allows creators and content owners around the world and citizens of many countries to enjoy copyright protection in countries other than their own. Read below for practical tips on addressing international copyright issues that you face.
WHEN DOES AN INTERNATIONAL COPYRIGHT ISSUE ARISE?
With the internet and the way we use, share and publish content in our digital environment, many issues that were once domestic copyright issues have become international copyright issues. A global copyright issue arises in a variety of situations. You have to think globally if any of the following examples apply to you:
An employee accesses your licensed databases while traveling out of the country
You’re negotiating a digital license with a vendor/publisher/content owner who's based outside your own country
Librarians from more than one country (e.g., South Africa, Australia, Canada and the U.S.) join a journal club and share articles through the club (a journal club involves posting articles to a private online space)
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention addresses the protection of works as well as the rights of their authors. It is based on three fundamental principles and includes several provisions determining the minimum level of protection to be provided, as well as special provisions available to developing countries that wish to use them.
The Berne Convention requires protection for all creative works in a fixed medium to be automatic. This means that no registration or deposit must be made with a government copyright office to have copyright protection. There are, however, voluntary government registration systems where copyright owners can register their works, to obtain certain rights and benefits especially in cases of copyright infringement.
Therefore, the fundamental principles on which the convention is based are as follows:
Application for International Copyright
Because India is a signatory to the Berne Convention, copyright protection is available in a number of countries around the world, even if the work was first published in India. Thus, even without formally applying for protection, copyright protection is available to works first published in India, across several countries.
Moreover, any work which falls under the categories of literature, drama, music, art, cinematography, sound recordings qualifies for copyright protection. The work sought to be copyrighted must be original; however, the work doesn’t need to have some original thought or idea. The law is only concerned about the originality of the expression of thought.
Copyright Law in India
The Copyright Act of 1957 (the Act), supported by the Copyright Rules of 1958, is India’s governing law for copyright protection.
Because India has a common law legal system, it relies on case law to interpret and establish precedents in law, and judicial decisions contribute to the sources of copyright law in India. India is a signatory to the Berne Conventions as well as the Universal Copyright Convention.
The Indian government also passed the International Copyright Order, 1999. This Order provides that any work first published in any country that is a member of any of the above conventions receives the same treatment as if it were first published in India.
The Copyright Act of 1957 and the Copyright Rules of 2013 govern the copyright registration process in India. Any original artistic work, cinematographic film, music composition, literary/dramatic work, sound recording, or software that is a tangible expression of thought can be copyrighted.
The following are some basic recommendations:
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