My query concerns a situation where if an article is published in a magazine, can the article be reproduced by the author of that article without the permission of the magazine? Will there be a copyright infringement in such a case?
Further, when such articles are uploaded, do they have to follow a format? for example, do they have to be necessarily a scan or can they also be typewritten? do they have to be in the same font, etc. as they were printed in?
Thanks in advance. Looking forward to an interesting dicussion.
Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings.
Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works.
Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc.
Copyright protection is conferred on all Original literary, artistic, musical or dramatic, cinematograph and sound recording works. Original means, that the work has not been copied from any other source. Copyright protection commences the moment a work is created, and its registration is optional. However it is always advisable to obtain a registration for a better protection. Copyright registration does not confer any rights and is merely a prima facie proof of an entry in respect of the work in the Copyright Register maintained by the Registrar of Copyrights.
As per Section 17 of the Act, the author or creator of the work is the first owner of copyright. An exception to this rule is that, the employer becomes the owner of copyright in circumstances where the employee creates a work in the course of and scope of employment.
so, under section 17 of the copyrights act, 1957, if article was published under the course of employment then it is a fit case for infringement of copyright otherwise not because ownership vest in the author.
the author has every right over his creation-but if the author wrote article for consideration from the magazine then he cannot further publish without consent of the magazine.
Register online at http://www.wga.org. You will get a hardcopy snailmail certificate for 9 years extendable for for as long as you wish. WGA.ORG over rules all types of fake or genuine copyrights.THey only want money [fees] and with no strings attached. Moreover you cannot sue WGA in India.
Read their FAQ: What can be registered?[Clip from FAQ]
What can be registered online?
Any file may be registered to assist you in documenting the creation of your work. Some examples of registerable material include scriptts, treatments, synopses, outlines, and written ideas specifically intended for radio, television and film, video cassettes/discs, or interactive media. The WGAW Registry also accepts stageplays, novels and other books, short stories, poems, commercials, lyrics, drawings, music and other media work.
I truly agree with Nina, but one thing remains cloudy is the protection what we can get by WGA same as our Copyright Act in India ?
I would suggest you to go through the Berne Convention.
Thanks a lot Nina... .....Appreciate your reply...
Author will grant permission to publish his article with a good consideration for a magazine. Publisher may take these articles on an exclusive or non-exclusive basis. if author has give exclusive rights to the publisher, author will not have rights to reproduce them in any format.
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