COPYRIGHT -Essentials as per the governing law

COPY RIGHT -Essentials as per the governing law

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights to make use of it and provide him the exclusive right to distribution of his copy right material. Also, these rights provided with respect to the claim are for a limited time only so as to enable the original creator of the work who hold the copy right to receive compensation i.e. to earn from his intellectual work.  These works can be works of art like paintings, pictures books or technological like websites and aims to safeguard the works of the original creator of the product or idea from cheating of plagiarism. The exclusive rights are, however, not absolute and do not give the creator total control of their works as these creators  are limited by limitations and exceptions to and as given by the  copyright law.

Copyright is a form of intellectual property, applicable to any expressed representation of a creative work. It can often be shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and “moral rights” such as attribution.

In order to make a successful copy right claim over a creation, there are three essentials that need to be fulfilled in this direction, which are:

  1. Fixation- Any idea or creation against which a copy right claim is filed must be locked in a permanent state. This is because the law aims to be precise and definite in its consideration of claims and any vaguely worded idea would not be recognised by the court for awarding a successful claim as against it. For example, to claim copy rights over a song,the song must be present in a permanent for which means it must be either recorded in a tape or CD(virtual presence) or written, a live performance therefore cannot be protected.
  2. Expression- Expression is complementary to the fixation. This essential is to establish that mere ideas can not be copyrighted but an idea’s “expression” can be copyrighted. For example, the idea of a movie of a swanky British super spy agent can not copyrighted but James Bonds films i.e. the expression of the idea can.
  3. Originality- The creative work so put forth for a copyright claim must be original and must meet a basic level of originality . A copy directly of someone else’s work can’t be copyrighted and neither can facts   ,short phrases or titles .

With all three essentials as stated above fulfilled,a claim over such an original work of creativity can be made into a copy right providing the creator with exclusive access to his idea.

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