ABSTRACT
Economic rights under copyright law are fundamental to the protection and commercialization of creative works. These rights grant authors and creators the exclusive ability to exploit their works for financial gain, ensuring that they can benefit economically from their intellectual property. Key economic rights include the right to reproduce the work, distribute copies, perform the work publicly, and create derivative works. These rights are crucial in incentivizing creativity and innovation by providing a legal framework that allows creators to control and profit from their creations.
In India, the Copyright Act of 1957, along with its subsequent amendments, outlines the economic rights of authors and the mechanisms for their enforcement. The Act aligns with international treaties such as the Berne Convention, ensuring that Indian copyright law is consistent with global standards. Judicial interpretations and case laws have further shaped the understanding and application of economic rights, addressing challenges posed by digital technologies and the internet.
Economic rights are not perpetual; they are subject to limitations and exceptions designed to balance the interests of creators and the public. These include fair use provisions, compulsory licensing, and the duration of copyright protection. Understanding the scope and limitations of economic rights is essential for authors, publishers, and legal practitioners to navigate the complexities of copyright law effectively.
This abstract provides an overview of the economic rights under copyright law, highlighting their importance in fostering a vibrant creative economy and protecting the interests of creators.
INTRODUCTION
Copyright law safeguards the rights of authors, acknowledging their unique work and effort. The primary aim of copyright is to protect the interests of artists while facilitating the dissemination of knowledge and information. This protection initially stemmed from recognizing authors’ rights to their creations. However, contemporary technology has significantly altered the nature of works and the methods of their utilization.
Historically, copyright protection for works originated from statutes, initially granted through charters by the appropriate government. The evolution of copyright law demonstrates that its fundamental purpose was to acknowledge the author’s creative contributions and to confer limited ownership rights over time. While this right creates a monopoly, it is not absolute. There have always been limitations on the use of this monopoly right.[1]
The Copyright Act of 1957 acknowledges the creative efforts of authors by designating certain works as worthy of protection and bestowing rights upon these authors for their creations. To be eligible for copyright protection, a work must meet the criteria set forth by the Act. According to Section 13 of the Act, the works that are eligible for protection include original literary, musical, dramatic, and artistic works, as well as sound recordings and cinematographic films.
The Copyright Act of 1957 grants authors both economic and moral rights.[2] Economic rights enable authors to commercially exploit their creations, moral rights protect the author’s personality and the integrity of their work, among other related aspects.[3]These rights are acknowledged by the Berne Convention of 1886, the TRIPS agreement, and various national laws.[4] A significant distinction introduced by TRIPS is that Member States are not required to safeguard the moral rights of authors; instead, they are only obligated to protect economic rights as stipulated in Article 9 of TRIPS[5]. The economic rights of the author are primarily listed in Section 14, while the moral rights are granted under Section 57 of the Copyright Act, 1957.
[1] S.K. Verma, ‘Copyright Law and the Right to Knowledge’ (2010) 45 JILI 89.
[2] The Copyright Act, 1957(Act 14 of 1957), s. 14.
[3] The Copyright Act, 1957(Act 14 of 1957), s. 13.
[4] Berne Convention for the Protection of Literary and Artistic Works, 1886; Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994.
[5] TRIPS Agreement, Art. 9.