Introductory Chapter: A Fundamental Conception on Copyright and Related Rights

Abstract

Our introductory chapter mainly sheds light on the International Intellectual Property Regulations. In particular, Copyrights and related rights are described in brief with economic as well as moral rights. The Intellectual Property Rights are rights which provide protection of ideas which inspire to create an innovative technology with modernization in different arenas. In this modern era, protection of rights for a certain invention is considered as a major concern due to the increased risk of infringements. Owing to potential economic benefits associated with these intellectual assets which are intangible in nature when they laid into the market. Furthermore, among different IPR rights, copyright and related rights are exclusive rights as they are automatically protected once the expression of idea has been completed in a definite form and it’s not compulsory to get registered. IPR is a key element which aids in attaining both economic as well as social advancement. Hence, the owner/author register their expression of idea as innovative work under copyrights then they can gain more benefits economically as well as in the societal status.

1. Introduction

Intellectual Property Rights (IPR) are the rights granted to persons as ownership for the works of their imagination and to provide exclusive right to exploit their ideas for a definite period [1, 2].

1.1 Development of international intellectual property regulations

During nineteenth century, successive congresses were held in Vienna and other parts of Europe, which laid the basis for International Intellectual Property Protection. Paris Convention in the year 1883, the protection of industrial property was established. The three principal types of property such as Trade Mark, Patents and Industrial designs were protected by this convention. During 1886, based on Berne Convention the International Copyright Act was adopted for the protection of literary and artistic works.

In 1949, The General Agreement on Tariffs and Trade (GATT) was established, but it was last until 1993; however, in 1995 World Trade Organization replaced the GATT. World Intellectual Property Organization was formed in 1960; it manages both Berne and Paris convention. Through these conventions WIPO was established in 1967. World Trade Organization (WTO) is an International Organization was created in 1977 for improvement and understanding of IPR.

From January 1, 1995, Trade Related Aspects of Intellectual Property Rights (TRIPS) has come into force. It establishes the basic requirements for the protection and enforcement of IPR in member nations, which are essential to encourage appropriate and effective protection of IPR in order to reduced trade distortions and barriers. The requirements under TRIPS agreement concern with minimal requirements for protection within the legal frameworks and customs of the member nations [3].

Norms and standards are provided under TRIPS agreement for the following Intellectual Property. They are Patents, Copyrights and related rights, Trade Marks, Geographical Indications, Industrial Designs, Layout Designs of Integrated Circuits, Protection of Undisclosed Information (Trade Secrets) and Plant varieties [4].

IPR are broadly divided into two main categories. They are

1. Copyright and related rights

2. Industrial property

2. Copyright and related rights

Copyright and related rights are a type of rights under Intellectual Property which protect the ownership/authorship of their original works in a tangible form of expression. In simple it is called the Principle of Inherency. Under Copyright law different types works like literary works, dramatic works, musical composition, artistic works, cinematograph film (movie), sound recording, computer program, photograph, painting, poems and architectural works. Generally the duration of copyright lasts for 60 years, for original dramatic, literary, artistic and musical works, and the 60-year window is measured starting from the year after the author's passing.

The rights under copyrights are categorized into

1. Economic rights

2. Moral rights.

Economic Rights—These rights bring the economic benefits to the owner/author of copyright.

Moral Rights—These are special rights given to the owner/author.

3. Economic rights

3.1 Literary works, dramatic works and musical work

1. Literary works include computer program and compilation of computer databases

2. Dramatic works include choreographic work, scenic arrangement and entertainment in dumb show

3. Musical works include music of work with any graphical representation.

The rights under this category are

1. Replicating the work in different material form

2. Distributing the work as copies to the public

3. Execution of the work in public

4. Creating any cinematograph film

5. Doing some any translation of the work

6. Making any adaptation for the work.

3.2 Artistic work

Artistic work includes painting, drawing, sculpture, engraving, photograph and architecture.

The rights under this category are

1. To replicate the work in any sensible form

2. To inform the public about the work.

3. To circulate the copies into the public

4. To make any revision of the work

5. To use the work in a cinematic project.

3.3 Cinematograph work

Any visual recording on a medium that is made by a procedure that allows a moving image to be formed is considered a cinematograph work.

The rights under this category are

1. To make a reproduction of the film

2. To vend or give on hire

3. To inform the public about the film.

3.4 Sound recording

Recording the sound from which it is possible to reproduce the sound, independent of the media used to do so is called sound recording.

The rights under this category are

1. To create a sound recording that captures it.

2. To sell or give on hire or offer for sale

3. To communicate the sound recording to the public.

The composer is the sole owner of the music's copyright, whereas the sound recording's producer is the sole owner of the music's recorded copyright. Live performances are not protected by copyright in the same way that recording of music performance or sporting events.

3.5 Computer program

Computer program are literary works that are written, recorded, or reduced to tangible form.

The rights under this category are

1. To carry out any act that a person who owns the copyright of music, literature, or dramatic may carry out provided that the work is not a computer program regardless of whether the copy has been sold or rented.

2. To vend or give on hire or offer for hire of sale.

4. Moral Rights

These are special rights given to the owner/author, and these rights are parallel and independent to the author’s economic rights.

Different types of moral rights are

1. Paternity right or right of authorship—right to claim the authorship of the work.

2. Integrity rights or rights against distortion—rights to protect his honour and reputation

3. General right—not to have a work falsely attributed to him

4.1 Transfer of copyright

A licence may be issued by the owner of a copyright to a third party. The licence may only apply to a certain interest or to the full copyright. A licence might be exclusive or nonexclusive and typically just some rights, not all, are subject to it.

1. Licence and assignment

An assignment is distinct from a licence. In the licencing procedure, the licencee obtains the right to exercise specified rights subject to be condition of the licence and does not become owner of the rights. While in an assignment, the assignee takes ownership of the interest that was given to them.

1. Licence and consent

Consent is distinct from licence, which does not necessarily need one but is required for any specific use or purpose of the copyright work.

5. Duration of a licence

A licence may be granted indefinitely or it may be limited for a specific period of time. The publisher cannot be prevented from selling any unsold copies of a work that was printed within the licence period after the licence expires in the case of a licence to publish a work of literature or another type for a specific period of time.

Different types of licence are

1. Exclusive and non-exclusive licence

A licence that only applies to the licensee or the person authorized by him is known as an exclusive licence. Non-exclusive licences allow the copyright holder to grant licences to more than one person or to exercise the right alone.

1. Non-voluntary or compulsory licence

These provisions are proposed when there is any issue for the enforcement of copyright [5, 6, 7, 8, 9, 10].

6. Conclusion

Our introductory chapter mainly sheds light on the International Intellectual Property Regulations. In particular, copyrights and related rights are described in brief with economic as well as moral rights. The Intellectual Property Rights are rights which provide protection of ideas which inspire to create an innovative technology with modernization in different arenas. In this modern era, protection of rights for a certain invention is considered as a major concern due to the increased risk of infringements. Owing to potential economic benefits associated with these intellectual assets which are intangible in nature when they laid into the market. Furthermore, among different IPR rights, copyright and related rights are exclusive rights as they are automatically protected once the expression of idea has been completed in a definite form and it is not compulsory to get registered. IPR is a key element which aids in attaining both economic as well as social advancement. Hence, the owner/author registers their expression of idea as innovative work under copyrights, and then they can gain more benefits economically as well as in the societal status.