Feb
22

Copyright and copying for a blogger

pavan-duggal

We are here at wordcamp india day 2 and a very interesting discussion by Pavan Duggal, Advocate, Supreme court of India.

Starts witht he very sensible topic saying Copyright and Copying are two different things. Copyright is a form of intellectual property which gives teh creator of an original work exclusive rights for a certain period of realtion to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain. Copyright applied to any expressible form of an idea of information that is substantive and discrete.

Time period of copyright stays as long as the person who produced the content  lives plus the 60 years after his death. The discussion as almost taken a shape of Q/A session. Further mentioned that Patent is something which comes into play when you invent something new. For Example, in india we cannot patent a software being developed but in US it is possible, same goes for the business. In India you can patent a software if you bundle it with a hardware.

Copyright only means the person cannot copy your content bit by bit, but can always make a replica by making some changes.

Is Domain name a Copyright ?

Domain name is nothing but jotting of some alphabets. Domains are available on first come first server basis. Just like www.maruti.com was registered by some guy from Andhra Pradesh. In 1998 ICANN came into existence and in Dec 1999 it passed a law that you can transfer domain. Under that maruti filed a case but the guy pleaded that “maruti” is the name of his nephew and the site is dedicated to him. To make his appeal more strong he added some birth certificate which later maruti found that it was a fake birth certificate. Then a panel of 3 judges sat and the domain was transfered to maruti, car manufacturer under the terms that maruti is the trademark and their business is legit.

So as long as you have a trademark of the domain then you can file an online appeal.But when i opened the domain www.maruti.com, it din actually opened and on checking the registration it alarms me .. have a look here

Is your blog post a copyright ?

Yeah it is , because it is your own ideas and personal creation.

Is a marriage ceremony Copyright ?

Anything done in public domain is not copyright, if a marriage ceremony is commenced on roadside and you dont have pandal then its not copyright. You cannot actually barge into pandal and shoot them.

We have an example here from the movie sholay. At that time in 1972 the music was sold to HMV but only for the music. In 2002 the author files a case against people reproducing the ringtones for sholay, so the concerned corporates had to buy new rights.

Exceptions to Copyright

  • Private use, research work
  • Criticism

Bloggers need to protect their copyright and intellectual property rights to the electronic environment , learn more here at www.cyberlawindia.com

Cheers!!
Realin !