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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  • 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