What is Copyright?
Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings.
Disputes Regarding The Title Of Films And Books
In today’s world infringement of a trademark is frequent. People at all levels are adopting a trademark which is deceptively similar to a trademark of the other. With the advancement of trade and commerce and the passage of time, various IP issues have come up. One of such issues is the title of literary, dramatic and cinematograph film works. Since this issue is new to India, there is a lot of confusion in the minds of people in the field of law regarding the statute governing the title, whether its unauthorized adoption amounts to an infringement or not, etc. The unauthorized use or adoption of the title of a film or a book is as much an infringement of a trademark as it is in other cases. Moreover, it was till recent time supposed by various people including law practitioners that the title of the said works is covered under copyright law. The judgment of Hon’ble Delhi High Court in Kanungo Media (P) Ltd. v. RGV Film Factory and Ors., popularly known as the Nishabd case has completely changed the scenario.
The court held that, in America the title of a literary work is not protected by copyright law, but it is given protection under the trademark law and same is the position in India.
Copyright Amendment Bill 2010
Copyright is a form of intellectual property whose importance has increased enormously in the recent times due to rapid technological development in the field of printing, music, communication, entertainment and computer industries. The last amendment to the copyright act was done way back in the year 1999. Since then a lot of advancements and developments have taken place across all sectors affected by the Copyright Act. An amendment to answer certain issues like authorship of cinematographic films, exceptions to infringement, digital rights management, statutory licensing, piracy through computer networks etc has been in the pipe lines since 2006. It was on 19 April, 2010 that The Copyright (Amendment) Bill 2010 was introduced in the Rajya Sabha by the minister of Human Resource Development Kapil Sibal.