Journal of Intellectual Property Rights

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Copyright Infringement and Exemption Clause on Indian Copyright Law: Issues and Challenges


Affiliations
1 The WB National University of Juridical Sciences, Kolkata - 700 106, India
2 DPIIT IPR Chair, The WB National University of Juridical Sciences, Kolkata - 700 106, India
 

The production or use of copyrighted material without permission of the copyright holder is copyright infringement. Copyright laws grant the owner of the copyright exclusive rights to their own creations, imaginations, and ideas for a limited time. Intellectual property rights protection and enforcement will promote social and economic well-being, protect individual rights, and promote trade, competition, and innovation. Exception and limitations in Copyright Laws are provisions that allow the use of copyrighted works without prior authorisation or a license from its owner in the public interest. But there has been seen that copyright infringement is taking place in the society. As the Clubs, bars and five stars restaurants are playing music by DJs of the famous singers and earning huge money day by day. It is pure economic exploitation of the creativity as per laws where singers should get the royalty benefit out of the income. If these people would get royalty, then they could pay some amount of royalty in the name of taxes to the government which would help and benefit in the country’s economy. There is relation between copyright and economy as it is for public welfare because copyright means human being’s creativity and the vice versa economy mean public income. So the aim of this research work is to share probable suggestions for the different issues on copyright exemptions clause under Indian copyright laws. This would also helpful to stop the economic exploitation of the singer as well as to raise country’s income which leads to public welfare.

Keywords

Copyright, Economy, Public, Welfare, Exemption Clause
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  • Hettinger E C, Justifying intellectual property, Philosophy & Public Affairs, 1989, 31.

  • Greenhalgh C & Rogers M, Innovation, Intellectual Property, and Economic Growth, Princeton University Press, 2010.

  • Hoti S, McAleer M & Slottje D, Intellectual property litigation activity in the USA, Journal of Economic Surveys, 20 (4) (2006) 715-729.

  • Konan D E, La Croix S J Roumasset J A & Heinrich J, Intellectual property rights in the Asian‐Pacific Region: Problems, patterns, and policy, Asian‐Pacific Economic Literature, 9 (2) (1995) 13-35.

  • Landes W M & Posner R A, An economic analysis of Copyright Law, The Journal of Legal Studies, 18 (2) (1989) 325.

  • Andersen B, Kozul‐Wright, R & Kozul‐Wright Z, Rents, rights n'rhythm: cooperation, conflict and capabilities in the music industry, Industry and Innovation, 14 (5) (2007) 513.

  • Garhammer M, Pace of life and enjoyment of life, Journal of Happiness Studies, 3 (3) (2002) 217.

  • Taylor T D, Strange Sounds: Music, Technology and Culture, Routledge, 2014.

  • Mashelkar R A, General D & Bhawan A, Intellectual property rights and the Third World, Current Science, 81 (8) (2001) 955.

  • World Intellectual Property Organization, Para vii.9.

  • Stojkov A, Naumovski G & Naumovski V, Economics of copyright: Challenges and perspectives, Mizan Law Review, 7 (1) (2013) 126-138.

  • David P A, Intellectual property institutions and the panda’s thumb: Patents, copyrights, and trade secrets in economic theory and history, Global Dimensions of Intellectual Property Rights in Science and Technology, 19 (1993) 29.

  • Lerner J, The architecture of innovation: The economics of creative organizations, Harvard Business Press, 2012.

  • Kaldor N, The economic aspects of advertising, The Review of Economic Studies, 18 (1) (1950) 1.

  • Landes W M & Posner R A, The economic structure of Intellectual Property Law, Harvard University Press, 2003.

  • Okediji R L, Regulation of creativity under the WIPO internet treaties, Fordham L Rev, 77 (2008) 2379.

  • Brown M F, Can culture be copyrighted? Current Anthropology, 39 (2) (1998) 193-222.

  • Joyce C, Ochoa T T, Carroll M W, Leaffer M A & Jaszi P Copyright law Durham, NC: Carolina Academic Press, 2016, 542.

  • Fisher W, Theories of intellectual property, Cambridge University Press, 2001.

  • Schröder R & Lenoble J, Theories of Justice, Copyright and Music: Is the modern copyright system fair? Faculté de droit et de criminologie, Université catholique de Louvain, 2015, Prom.: Lenoble, Jacques. http:// hdl.handle.net/2078.1/ thesis:3344

  • Gordon W J, A property right in self-expression: Equality and individualism in the natural law of intellectual property, The Yale Law Journal, 102 (7) (1993) 1533.

  • Liebowitz S J & Watt R, How to best ensure remuneration for creators in the market for music? Copyright and its alternatives, Journal of Economic Surveys, 20 (4) (2006) 513.

  • Elkin-Koren N, Copyright policy and the limits of freedom of contract, Berkeley Tech Law Journal, 12 (1997) 93.

  • Loren L P, Redefining the market failure approach to fair use in an era of Copyright permission systems, Journal of Intellectual Property Rights, 5 (1997) 1.

  • Maskus K E, Intellectual property rights in the global economy, Peterson Institute, 2000.

  • Towse R, Copyright and artists: A view from cultural economics, Journal of Economic Surveys, 20 (4) (2006) 567-585.

  • Besen S M & Raskind L J, An introduction to the law and economics of intellectual property, Journal of Economic Perspectives, 5 (1) (1991) 3.

  • (1935) ILR16LAH103.

  • 1995 IIAD Delhi 905.

  • Lysloff R T, Musical community on the Internet: An on-line ethnography, Cultural Anthropology, (2003) 233.

  • Bard R L & Kurlantzick L S, Public performance right in recordings: How to alter the Copyright system without improving it, Geo Wash Law Review, 43 (1974) 152.

  • 228 F. 1021 (1915).

  • Frith S, Copyright and the music business, Popular Music, 7 (1) (1988) 57.

  • 2012 (50) PTC460 (Del).


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  • Copyright Infringement and Exemption Clause on Indian Copyright Law: Issues and Challenges

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Authors

Rima Ghosh
The WB National University of Juridical Sciences, Kolkata - 700 106, India
Jayanta Ghosh
The WB National University of Juridical Sciences, Kolkata - 700 106, India
Pinaki Ghosh
DPIIT IPR Chair, The WB National University of Juridical Sciences, Kolkata - 700 106, India

Abstract


The production or use of copyrighted material without permission of the copyright holder is copyright infringement. Copyright laws grant the owner of the copyright exclusive rights to their own creations, imaginations, and ideas for a limited time. Intellectual property rights protection and enforcement will promote social and economic well-being, protect individual rights, and promote trade, competition, and innovation. Exception and limitations in Copyright Laws are provisions that allow the use of copyrighted works without prior authorisation or a license from its owner in the public interest. But there has been seen that copyright infringement is taking place in the society. As the Clubs, bars and five stars restaurants are playing music by DJs of the famous singers and earning huge money day by day. It is pure economic exploitation of the creativity as per laws where singers should get the royalty benefit out of the income. If these people would get royalty, then they could pay some amount of royalty in the name of taxes to the government which would help and benefit in the country’s economy. There is relation between copyright and economy as it is for public welfare because copyright means human being’s creativity and the vice versa economy mean public income. So the aim of this research work is to share probable suggestions for the different issues on copyright exemptions clause under Indian copyright laws. This would also helpful to stop the economic exploitation of the singer as well as to raise country’s income which leads to public welfare.

Keywords


Copyright, Economy, Public, Welfare, Exemption Clause

References