Copyrighted works in the Public Domain

Introduction

Conflicts of interests lie between the right of information and the restricted monopoly on the authentic owner's artistic expressions. In almost any field where individual rights clash with social issues, ownership concerns on the one side, and social interests on the other should be reconciled. If the copyright is regarded as an extension of the right to express and speak, that contradicts other fundamental rights, that is to say, the right to know, which have been read in accordance with Article 21.

In Part III of the Chapter on Fundamental Rights of India, the right to education has recently been limitedly integrated into the Constitution by the 86th amendment. Both are equally essential and pertinent to the democratic function. Three complex dimensions have free speech. The freedom of speech and expression, read with the right to meaningful living in a democratic society, is fundamental ingredients in knowing right, right to think, and right to communicate. The building of democracy is based on people's will, which can be conceived only by awareness, thinking, and then voicing that thought, which means obtaining it from others and reacting to it. Knowledge sharing will contribute to the debate.

The High Court of Karnataka justified the equilibrium provisions between writers' rights and societal interests. The provisions of Section 52 are intended to ensure that monopoly rights are not prejudicial to the general public's wider interests. Gramaphone Co. of India v. Mars Recording Pvt Ltd 2000 PTC 117 (Kar). Until technological change violates this equilibrium, it is perfectly balanced. In addition to transforming the existing media in one the multimedia-enhanced the quality of reproduction and speed of transmission. The Internet and digital media have made individual writers' rights extremely insecure.

• Intention

The cause or intent of a person who violated the copyright is meaningless until it is found to be infringed. If provisions of paragraph 51 are complied with and none of the exceptions referred to in paragraph 52 are valid, the violation shall, irrespective of the good motive or the high reason of the violator, invite for the punishment prescribed by statute. Even if the defendant was innocent, the invasion is a mistake as copyright is proprietary.

• The doctrine of Fair Use

There have been several improvements in India to the doctrine of fair use. Infringement under Article 51(b), the importation of copyrighted work in India (iv). The importer was not an infringement until imports for private and domestic use. "(except for the importer's private and domestic use)" omitted by Act 65 of 1984, Section 3 of 8-10-1984. It was actually initially used equally and was discriminatory from 1984 onward. However, another clause in this section is inserted to suggest that imports of a copy of any work are not infringements for the private and domestic use of the importer.

• Amendment of 1995

1995 amendment replaced clause (ii) of Sec 51(a) with respect to public contact, including copyrighted content, of the work, which may also include the Internet. Copyright shall be considered infringed if an individual allows for the benefit of any place where such contact constitutes an infringement of copyright in a work to be used to convey the work to the public.

• Harshness of the procedure

• In answer to the copyright holder's petition, the court may issue an Anton Piller order. It is an ex-parte order to authorize a person to access his premises and inspect documents and papers, and to copy them or to delete them for safe custody accompanied by the Solicitor or Counsel. This is an extra common recourse that in most civil cases is usually inaccessible to any claimant. The courts expanded this special order to deal with other unknown defendants who could infringe on copyright in compliance with the plaintiff's apprehensions. The name of the common man in the US to who the Ex-Teil warrant for search and seizure could be given is called John Doe order. The courts of the USA restricted it to up to ten unknown convicted. But the "John Doe" order against several unknown defendants in ten sports decision was released by the Indian Supreme Court.

• In addition to orders of the form of Anton Piller orders, the Supreme Court in India released a 'John Doe' order. In the Ten Sports case. This order requires the Advocate Commissioner appointed by the Court to access unidentified defendants' premises and to document the proof of violation materials (images and video shots), which can be used in civil or criminal proceedings. It has been decided by the Supreme Court that an indeterminate number of defendants can be tried against, which means that authorities have been made available to a greater degree than those established in developed countries such as the US and Canada. This could be considered appropriate in order to speed up the action and allow the court to deal with copyright breaches in the film, television broadcasting industry with much-needed authorization. The evidence can even be confiscated from the premises of the unidentified defendant. Also allowed in this case were the class actions of a group of defendants.

• It is an uncommon power to search for short-lived piracy with an urgent necessity for IP. The video and audio piracy racket that is rocking the film industry can seem fair, but it usually creates difficulties for hundreds of individuals. Even the authors often become the victims of this because unscrupulous publishers may use it by their own given copyrights. It may contravene natural procedural justice standards typically enshrined in various city rules. This process would leave copyright holders rather than writers unfair suffering except for videos and audio cassettes of films.

Conclusion

The Internet is the super-high knowledge that cannot be restricted or regulated technically. The copyright or patent seeks to restrict its spread and utility for the benefit of the human race by establishing a vested interest in information in certain firms or individuals. The copyright definition and the context in which copyright legislation becomes a strict law in the whole world must be understood. Research is continuous and everyone in every corner of the world needs freedom to learn from previous thoughts, science or technical innovation or discovery in a new information society in the democratic world. Individuals' rights in society and the interests of the group must be taken into account to have exclusive rights over so-called knowledge. The advance of technology has made it simple and even difficult to control the infringement of copyright.

know more about copyright law and its advantages of registration, see the video below-

BY-

Ankita Rathi