copy left, copy right and creative commons

Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rightsto it, usually for a limited time. Generally, it is “the right to copy”, but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights. It is a form of intellectual property(like the patent, the a trademark, and the trade secret) applicable to any expressible form of an idea or information that is substantive and discrete.

 


A quick check shows that India ascribe to the Berne Convention – the international legislative framework for the protection of copyright.

In effect the copyright to your creative work is protected as soon as it’s made. If it is yours, so is the copyright. However, and as you’re obviously aware, there is always the potential problem of proving that the work is really yours. Registering your copyright legally affords you this proof. I am not a legal counsellor, etc, etc..

 

The Sign used to Identify This is as Shown below.

 

 

 

 

 

 

 

 

 

 

 

 

There are three types of protection for intellectual property. Property that a person creates with their mind or intellect.

* patents protect inventions and improvements to existing inventions
* trademarks are brand names and/or designs which are applied to products you can sell or services that you offer
* copyright protection covers literary, artistic, and musical works.
* Examples of Copyrights
* Gone With The Wind – the book and film
* System of A Down – the band’s recordings and artwork
* Video games are all works that are copyrighted.

Copyright Protection
Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. The moment you write it, paint it, or put it on the internet, your work is copyright protected.

Library of Congress
In the United States, the Library of Congress officialy registers copyrights which now last for the life of the author plus 70 years. No one else can profit or copy your ideas without your permission during this time period.
Do I Need to Register?
Your works of art, music, etc, all have copyright protection with or without formal copyright registration with the Library of Congress or any other copyright office. However, copyright registration adds proof of copyright ownership and aids you in fighting copyright infringement. Copyright literally means the right to copy.

 

How to get a Copy Right license.

 

The procedure to get Copyright for website in India are given below-

The procedure to get Copyright for website in India are given below-

 

An application for copyright on Form-IV accompanied by four copies of the work is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) along with the prescribed fee at Copyright Office of the Department of Education, New Delhi. The Copyright Office initially provides a filing number and filing date and issues a filing receipt. Thereafter the application is formally examined by the Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate.

 

Duration of registration

 

The duration granted for works of copyright varies depending on the type of work. Literary or musical works or artistic works, other than photographs, have a life span, which extends for the life of the author and 60 years from the end of the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the life of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.

 

Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.

 

In the case of anonymous or pseudonymous works, the copyright is for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, which ever term is shorter.

 

Use of the “©” symbol

 

Anyone who claims copyrights in a work can use copyright notice to alert the public of the claim. It is not necessary to have a registration to use the designations though it is highly advisable to incorporate a copyright notice like the symbol, etter “c” in a circle or the word “Copyright” followed by name of copyright owner and year of first publication. For example, © ipfirmsdirectory 1999.

 

Remedies For Infringement

 

It is the sole responsibility of the owner to see that his copyright is not being infringed upon by someone else. It is the owner’s duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –

 

i. Injunctons whether interim or final.

 

ii. Damages.

 

Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

 

International copyright protection

 

India is a member of both Berne and Universal Conventions and Indian law extends protection to all copyrighted works originating from any of the convention countries. Foreign works first published in a country which is a member of either of the Conventions would be accorded the same copyright protection in India as Indian works without undergoing any formalities, on the assumption that the home country accords reciprocity to Indian works.

 

For more information-

http://ezinearti cles.com/?Copyright-in-India:- Law-and-Procedure&id=73309An application for copyright on Form-IV accompanied by four copies of the work is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) along with the prescribed fee at Copyright Office of the Department of Education, New Delhi. The Copyright Office initially provides a filing number and filing date and issues a filing receipt. Thereafter the application is formally examined by the Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate.

Duration of registration

The duration granted for works of copyright varies depending on the type of work. Literary or musical works or artistic works, other than photographs, have a life span, which extends for the life of the author and 60 years from the end of the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the life of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.

Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.

In the case of anonymous or pseudonymous works, the copyright is for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, which ever term is shorter.

Use of the “©” symbol

Anyone who claims copyrights in a work can use copyright notice to alert the public of the claim. It is not necessary to have a registration to use the designations though it is highly advisable to incorporate a copyright notice like the symbol, etter “c” in a circle or the word “Copyright” followed by name of copyright owner and year of first publication. For example, © ipfirmsdirectory 1999.

Remedies For Infringement

It is the sole responsibility of the owner to see that his copyright is not being infringed upon by someone else. It is the owner’s duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –

i. Injunctons whether interim or final.

ii. Damages.

Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

International copyright protection

India is a member of both Berne and Universal Conventions and Indian law extends protection to all copyrighted works originating from any of the convention countries. Foreign works first published in a country which is a member of either of the Conventions would be accorded the same copyright protection in India as Indian works without undergoing any formalities, on the assumption that the home country accords reciprocity to Indian works.

For more information-
http://ezinearti cles.com/?Copyright-in-India:- Law-and-Procedure&id=73309

 

 

Copyleft:Copyleft is a general method for making a program (or other work) free, and requiring all modified and extended versions of the program to be free as well.

The simplest way to make a program free software is to put it in the public domain, uncopyrighted. This allows people to share the program and their improvements, if they are so minded. But it also allows uncooperative people to convert the program into proprietary software. They can make changes, many or few, and distribute the result as a proprietary product. People who receive the program in that modified form do not have the freedom that the original author gave them; the middleman has stripped it away.

In the GNU project, our aim is to give all users the freedom to redistribute and change GNU software. If middlemen could strip off the freedom, we might have many users, but those users would not have freedom. So instead of putting GNU software in the public domain, we “copyleft” it. Copyleft says that anyone who redistributes the software, with or without changes, must pass along the freedom to further copy and change it. Copyleft guarantees that every user has freedom.

Copyleft also provides an incentive for other programmers to add to free software. Important free programs such as the GNU C++ compiler exist only because of this.

Copyleft also helps programmers who want to contribute improvements to free software get permission to do so. These programmers often work for companies or universities that would do almost anything to get more money. A programmer may want to contribute her changes to the community, but her employer may want to turn the changes into a proprietary software product.

When we explain to the employer that it is illegal to distribute the improved version except as free software, the employer usually decides to release it as free software rather than throw it away.

To copyleft a program, we first state that it is copyrighted; then we add distribution terms, which are a legal instrument that gives everyone the rights to use, modify, and redistribute the program’s code, or any program derived from it, but only if the distribution terms are unchanged. Thus, the code and the freedoms become legally inseparable.

Proprietary software developers use copyright to take away the users’ freedom; we use copyright to guarantee their freedom. That’s why we reverse the name, changing “copyright” into “copyleft.”

Copyleft is a way of using of the copyright on the program. It doesn’t mean abandoning the copyright; in fact, doing so would make copyleft impossible. The “left” in “copyleft” is not a reference to the verb “to leave”—only to the direction which is the inverse of “right”.

 

The Symbol for Copyleft is as follows.

 


 

 

Creative Commons:

A Creative Commons license is one of several public copyright licenses that allow the distribution of copyrighted works. A Creative Commons license is used when an author wants to give people the right to share, use, and even build upon a work that they have created. CC provides an author flexibility (for example, they might choose to allow only non-commercial uses of their own work) and protects the people who use or redistribute an author’s work, so they don’t have to worry about copyright infringement, as long as they abide by the conditions the author has specified.

 

The creative Commons license symbol is shown as follows.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Creative Commons is a non-profit organization that has released a set of free and voluntary copyright licenses. With Creative Commons licenses, creators have the choice to give up certain exclusive rights normally associated with copyright, while retaining others. There are six different licenses that provide users with different levels of freedom. For more information about the different licenses and how they work, check out our Creative Commons landing page, the Creative Commons page on licenses, and our 101 article about Sharing using Creative Commons.

How can I select a Creative Commons license for my track(s)?

After uploading a track or set, you can select under which license you would like to release your piece of audio on SoundCloud. You can later change the license via the track settings (click the pen icon above the waveform) at any time.

If you release all your tracks under a CC license, you’d want to look into the default settings for your licenses here: http://soundcloud.com/settings/extra. No matter how this setting is configured, you can still change the license on individual tracks.

How can I find tracks licensed under Creative Commons?

We recently released advanced search features that let you select to search under CC parameters. Learn more about how to use advanced search in this blog post. Additionally, you can explore tracks licensed under CC license.

How do I use tracks licensed under Creative Commons?

You can use tracks that you find on SoundCloud according to the terms provided in the license. All Creative Commons licenses require at least attribution, which means you must give credit to the original author. (A link to the track page on SoundCloud is probably smart, also). Tracks that are licensed with a Non-Commercial term means that they can only be used in a non-commercial setting; a No-Derivatives term means that you can’t create any work that is based on or incorporates the original work; and the Share-Alike term means that you must release any work that uses the original under exactly the same license.
If you follow the terms of the Creative Commons license, you do not have to ask for permission from the original creator – in fact, that’s the whole point – but many creators like to see projects that use their work.

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