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The Main Objective Of The Copyright Law - Essay Example

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Intellectual property is a legal term which connotes to some varieties of ideas, information and other intangibles and to their tangible guises (expressed) symbolizing a legal principle. …
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The Main Objective Of The Copyright Law
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Download file to see previous pages All intellectual property laws have the common goal of extending and controlling exclusive privileges over the products of creative work or intellectual works , offering the creator or the owner of those exclusive privileges with a limited monopoly as regards to that property , normally for some phase of time.(Nathan & Morgan 2008 :20).
Copyright safeguards “original works created by the authors” that are permanent in nature and available in a corporeal guise of expression. The permanence need not be frankly discernible, as long as it may be expressed with the help of a devise or a machine. The following works are acceptable for registration with the copyright office provided they are original and creative in nature.
• Literary works
• “Lyrics and musical works”
• Play or drama with or without music
• Choreographic or Pantomimes
• “Sculptural , graphic and pictographic works”
• Audiovisuals and motion graphics
• Architectural works
• “Sound tracks or recordings”
“Creative works are safeguarded by the Copyright Act”. Creative works may be in any of the following form viz. movies, video games ,poetry , CD-ROMs, plays ,videos , sheet music ,paintings , novels , recorded music performances , sculptures ,software codes, choreography , photographs and architectural designs. There should be some creative initiatives on the side of an author so as to receive a protection under Copyright Act. The Act does not quantify how much creativity should be there. For instance, a work should be more creative than that of a telephone directory where alphabetical records of telephone numbers exist instead of a creative selection of listings. It should be noted that an author’s creative ideas are not safeguarded by the Copyright Act. Thus, copyright protection is available only for an original, fixed, and creative expression and no protection is available for just facts or ideas on which the expression is footed. For instance, there may be protection availed for a specific novel, computer game or song about a marriage in space under copyright act but no protection is available to the underlying conception of a marriage in a star. Thus, permitting the creators to monopolize their conception or ideas would frustrate the underlying objective of copyright law, which is mainly aimed to encourage the authors or creators to invent or create a new work. Likewise, no protection is available under copyright law for the facts which may be either historical, scientific, news of the day or biographical info. For any discovery by an author which is available in the public domain, no protection under copyright law is available. For instance, anyone is at his liberty to employ the information which is contained in a book about how human heart functions, a TV documentary of the babyhood of erstwhile President George W Bush or a journal article on the lifestyle and natural beauties of the Andaman Islands – so long as they describe the information in their own style and words. It is to be observed that real facts are not safeguarded under the copyright law even if the author splurges a lot of effort and time in divulging things that are not known early. For instance, if an author of a book on Andaman Islands ...Download file to see next pagesRead More
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