Balancing Societal and individual interests: Copyright Law
Balancing Societal and individual interests: Copyright Law
What are we dealing with?
Introduction
The intent of this project is to delve deeply into the matter of copyright law and how it is possible to balance on an equal footing both the interests of an individual and that of a society with regard to the matter at hand. It will also initiate the reader into the world of copyrights acting on the assumption that the reader is somewhat of a layman, and on the other hand, will try not to over simplify things, so that it can be considered a research article and not merely a textbook of sorts. While dealing with the copyright act established in India, we will specifically focus on two sections – 22 and 52, because it is most relevant to showcase the ability to balance societal and individual interests on the same scale. For convenience, we have also added a further information section for those matters which were beyond the scope of our project.
Intellectual Property
Copyright legislation is part of the wider body of law known as intellectual property. The term intellectual property refers broadly to the creations of the human mind. Intellectual property rights protect the interests of creators by giving them property rights over their creations.
The Convention Establishing the World Intellectual Property Organization (1967) gives the following list of subject matter protected by intellectual property rights:
a. literary, artistic and scientific works;
b. performances of performing artists, phonograms and broadcasts
c. inventions in all field of human endeavor
d. scientific discoveries and industrial designs
e. trademarks, service marks, and commercial names and designations
f. protection against unfair competition; and
g. “All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”1
Intellectual property relates to items of information or knowledge, which can be incorporated in
What are we dealing with?
Introduction
The intent of this project is to delve deeply into the matter of copyright law and how it is possible to balance on an equal footing both the interests of an individual and that of a society with regard to the matter at hand. It will also initiate the reader into the world of copyrights acting on the assumption that the reader is somewhat of a layman, and on the other hand, will try not to over simplify things, so that it can be considered a research article and not merely a textbook of sorts. While dealing with the copyright act established in India, we will specifically focus on two sections – 22 and 52, because it is most relevant to showcase the ability to balance societal and individual interests on the same scale. For convenience, we have also added a further information section for those matters which were beyond the scope of our project.
Intellectual Property
Copyright legislation is part of the wider body of law known as intellectual property. The term intellectual property refers broadly to the creations of the human mind. Intellectual property rights protect the interests of creators by giving them property rights over their creations.
The Convention Establishing the World Intellectual Property Organization (1967) gives the following list of subject matter protected by intellectual property rights:
a. literary, artistic and scientific works;
b. performances of performing artists, phonograms and broadcasts
c. inventions in all field of human endeavor
d. scientific discoveries and industrial designs
e. trademarks, service marks, and commercial names and designations
f. protection against unfair competition; and
g. “All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”1
Intellectual property relates to items of information or knowledge, which can be incorporated in