Everyone has the right to sign their work of art or have their name put with the execution of an idea. The only condition to have the right is that such work of Art or such execution should be Innovative and Original. If the conditions are met, the protection can be reached under the Intellectual Property Law, and specifically the Copyright Act, 1957 in India. But it is generally be asked why we need these laws, it can be understood as to protect and reward creativity. The Creativity is the cornerstone for progress, as Economic and Social development of the society is dependent on the same. The protection provided by Act to the work and efforts of Innovators like Writers, Artists, Designers, Musician, Architects, Dramatics and the producer of Cinematograph films, Sound Recordings and Computer software which is contributory to the Creativity and also inspires to create more and others to be creative too.

As when we talk about Entrepreneurs in this scenario we meant about a person who is innovating ideas by identifying the need for creation to fill the void by bringing their ideas to life and as we already discussed it’s not only about the work of art but also the execution of original ideas too. But As the increased competitiveness and to gain credit of other people hard work, people tend to work out the reproduction or replica or Plagiarism of other’s work. When such an act is done by the people it lead to diminishing the values and the morale of the Innovator or Artist or Entrepreneur toward creativity. Hence the protection of the segment is necessary by the Copyright Act.

 History and Connection

The Copyright Act of India was developed after the International Treaties which include The Berne Convention for the Protection of Literary and Artistic Work at Switzerland, 1886, The Universal Copyright Convention of Geneva, 1952, The TRIPS at Marrakech, 1994, WIPO Copyright Treaty at Geneva, 1996 and The Marrakesh VIP Treaty, 2013. These are the treaty signed by India for the Compliance of Copyright laws at an International Standard.

These are the treaties that help in creating the Copyright Act, 1957 which is amended from time to time (as amended with the Copyright Amendments Act, 2012) as well as the Copyright rules, 2013 (repealing the Copyright rules, 1958 and amended by Copyright Amendment Rules, 2016). Apart from that there are multiple document helping understand and protect the Copyright in the Country.

The Connection of these laws with the Entrepreneurs can be seen with the ideas as well as with the WIPO Copyright Treaty that ensures and protect the works and right of author there authors in the digital environment. It also grants some economic rights as well. The Treaty deals with two important subject matters as protected by copyright i.e. The Computer Program, whatever the mode or form of their expression and The Compilation of Data and other material. This provides relief to the Entrepreneurs on their work and innovation and protects the digital form as well.[i]

Protection of Rights But How?

The protection of this act can be avail by the Artist and the Entrepreneurs in their work by simple creating the original work, as the acquisition of copyright is not mandatory and such protection is provided through the International Copyright Order, 1999 but still it is recommended to avail the Certificate of registration of the Copyright as required to serve as a prima facie evidence in the purpose of Judicial or Legal Matter to prove the Ownership of Copyright.

The Sec 13 of the Act provides the list of works in which Copyright protection subsists and Sec 14 of the act gives the list of definition as well as the exclusive right of such work as given in sec 13 of the act like the right of adaptation, reproduction, publication etc.

The Protection of such Copyright has a limited time period of 60 years from the date of publication of such work, as the perpetuity of such protection will lead to eclipsing the light of further advancement and the stops the scope of creativity among people. Such protections are avail for the entrepreneurs to gain from their work of art like from the fees of using rights by means of reproduction, adaptation, issuing copies, publication, cinematograph films, sound recording, translation etc. as well as the selling of such rights to other.

These rights are protected by the law through the Copyright Office and Appellate Board which is empowered by the Sec 9 to Sec 12 of the Copyright Act, 1957, and also by the judiciary through taking cognizance in the matter as for example in cases of Eastern Book Company vs. Navin J. Desai[ii],  Godrej Soap (P) ltd. vs. Dora Cosmetics Co.[iii],  Caterpillar Inc vs. Kailash Nichani[iv], Lachmandas Behari vs. Padam Trading Co[v],  Lal Babu Priyadarshi vs. Badshah Industries[vi] are a few of many example of such where the Judciary protected the right of the Copyright holder and provided relief on ownership, infringement, Judicial interpretation and rectification of such copyright.

This protection so avail are not only in form of civil remedy like the permanent injunction or damage to be paid or cost of legal proceeding but also as stated in Sec 63 of the Copyright act as in case of infringement with the sentence of imprisonment not less than 6 months which can be extended upto 3 years as well as fine of Rs. 50000/- which can be extended upto 200000/- rupees.      

The similar can be seen in the International Copyright segment of the Act where Sec 40 of the act covers the Power to extend the right to Foreign Work as well.

Exception of these Protection

The exception to the protection can be seen for the uses of the work –

·         For the purpose of research of private study,

·         For criticism and review,

·         For report current events,

·         In connection with judicial proceeding,

·         Performance by amateur club or society if such given to non-paying audience and

·         The making of sound recording of literary work in certain conditions[vii]

Apart from these the word of meaning author also falls within the category if such author works within the preview of employment of Government, Public Sector Undertaking, as a journalist during his employment or work produced for the valuable consideration at the instance of another person as given in Sec 17 of the Act.[viii]

Conclusion

So with the above criteria we can understand how the protection can be given to entrepreneurs on their work or idea as well as when such protection cannot be avail for. It is also can be derived that entrepreneurs in their work as like the Nicolas tesla’s idea for bulb, the Henry Ford’s execution of assembly line, the computer programs developed by Companies like Windows and Apple, the work by Media companies with a certain method cannot be copied and falls within the purview of the Copyright Act and the such protection shall be given to them.

It is necessary to safeguard the interest of people as if we aren’t able to protect it, the people with fear won’t able to work towards the advancement of society. And  it is our responsibility as well as duty to make Innovators, Entrepreneurs and Artists free from fear and to continue working towards a better future.