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Published : May 26, 2016 | Author : apekchha
Category : Intellectual Property | Total Views : 585 | Rating :

I am a law student.

The Effectiveness of the Remedies for Copyright Infringement – Indian Perspective

Today the world has entered into an era of instant communication. A person sitting in the inaccessible corner of India can enjoy live performances in the far-away places like America or Australia, thanks to electronic media. Gadgets like telephone and fax have made it possible to communicate verbal or inscribed messages across the world within seconds. The computer-aided communication technologies such as E-Mail and Internet have added altogether a new facet to today's communication process by making it more quick, informative and economical. The ways through which different types of information can be communicated have also undergone a significant change. Now days a film song can be put in or retrieved by a single device along with a textual message and even a painting. While all these have made communication among people more effective and efficient both in terms of time and monitory expense, they pose the extreme threat to the copyright world. Modern communication channels, being intensively relying on a variety of copyrighted products, are liable to be pirated in large scale, if satisfactory precautions are not exercised.

Copyright is the right given by law to the originators of literary, dramatic, musical and a variety of other works of mind. It generally means the creator alone has the right to make copies of his or her works or otherwise, prevents all others from making such copies. The basic idea behind such protection is the principle that innovations require incentives. Copyright recognises this need and gives it a legal sanction. Moreover, commercial exploitation of copyright harvests income to the creators and thus making pecuniary rewards to individual‟s creativity.

The derivation of copyright had a link with the creation of printing press by Gutenberg in the fifteenth century. With the easy multiplying facility made possible by the printing press, there was capacious increase in the printing and distribution of books which, in turn, led to adoption of unfair practices such as illicit printing by competing printers.

Though piracy was born by the end of the fifteenth century, it was only in 1710 the first law on copyright in the modern sense of the term came into existence in England. The law which was known as ‘Queen Anne's Statute’ provided authors with the right to reprint their books for a certain number of years. The 1710 law was confined to the rights of authors of books only, and more particularly the right to reprint. It did not include other creative works such as paintings, drawings etc. which also by that time became targets of piracy, in addition to other aspects relating to books. To overcome this problem a new enactment namely ‘Engravers Act’ came into existence in 1735. There followed a few more enactments in the consequent periods and ultimately Copyright Act 1911 saw the light of the day.

Developments in this regard also took place in many other advanced countries, remarkably among them being France, Germany and the USA. In France a copyright decree was adopted in 1791 which sanctioned the performing right and another decree of 1793 established author’s exclusive right of reproduction. In Germany author’s rights were recognised by a Saxon Order dated Feb 27, 1686. In America the first federal law on copyright, the Copyright Law 1790 provided protection to books, maps and charts.

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