Copyright Law And Digital Media

In simple terms, a copyright law is used to protect original content. Covering a wide range of categories, copyright law gives ownership rights to the person who created the work. Broadly classified, a copyright can be created in the following fields:

•  Literary works
•  Musical works
•  Dramatic works
•  Pictorial, graphic and sculptural works
•  Motion pictures and other audiovisuals works
•  Sound recordings
•  Architectural works
•  Computer Programs

When you own the copyrights to any of the works belonging to the above areas, it essentially means you have the right to distribute, sell or claim the ownership rights of the content. Furthermore, a copyright also enables you to prepare content similar to the original work in a new form, thereby claiming your rights on the content at the same time.

What does the copyright law in India entail?

According to the Indian Copyright Act, 1975, copyrights do not just protect the idea as an entity but the representation of the idea as a whole.

Under Section 14 of the Indian Copyright Act of 1975, ownership over the original product is credited to the creator and no one else. Furthermore, as per Sections 17, 29 and 52, the Copyright Act also provides the owner of the original content complete authority over the final product. Amended five times since its inception in 1975, the Copyright Act lets people use the content, when royalty is paid to the initial creator, with due recognition being given as well.

When does infringement occur and how do you prevent it?

In most environments, content that is generated for public viewing is put out into the world with the simple thought process that if this content is reused, prior permission from the original creators will be taken. However, when this does not happen, it results in copyright infringement.

When infringement like this occurs, it is important to keep in mind the rules required to protect yourself during a time like this.

•  Identify the infringer as soon as the problem arises

The moment you realise your content is being duplicated and your content is being used without permission, bring it to the notice of the infringer immediately. Earlier, because of the absence of technology, it was harder to reach out to the person. However, the internet has made things extremely easy now. Websites like WHOIS and Internet Domain Name Search can be used to identify the perpetrator as soon as the crime happens.

•  Contact the person once he or she has been identified

The moment you identify the person in question, contact them and ask them to take down the content. Send them a threat free and to the point email, stating that if the content isn’t removed within a stipulated time period, you will take them to court if needed. In addition, when you are sending the person the mail, make sure you have all the documentation required to prove you are the original owner of the said content.

•  Notify the individual of your next step

Once you have notified the person and there still has not been an improvement in the situation, it is time to go the legal route. Let the person in question know you are going to send them a cease and desist, a move which legally notifies the person they have no choice but to take down the content in question.

• Use Section 51 of the Copyright Act to claim your rights

If you have gone through these multiple steps and still are not able to get back your content from the perpetrator, it is time to use Section 51 of the Copyright Act. As per the rules of this act, the person wronged can approach a court and ask for legal action to be taken against the person in question. Usually used as a final step of sorts, this step is to ensure everything you own rightfully belongs to you and you alone.

The rules of copyright law protect the final content put out into the world. What is not protected is the discussion, the ideas and the creation of this content by other people. In the broad sense of the word, this act is essential to protect monetization rights by the owners of the content, ensuring other people do not use your creations and call it their own. Furthermore, while it is okay for things to be discussed and talked about in a public forum, it is not okay to claim ownership rights. When you realise your words, ideas, music and videos are being used by other people, raise a complaint and let the person in question know it is not acceptable to steal your work. Know your rights and run into the fire with guns blazing. Stay protected, stay safe.