Piracy is the unauthorized duplication of an original recording for commercial gain without the consent of the rights owner. The packaging of pirate copies is different from the original. Pirate copies are often compilations, such as the "greatest hits" of a specific artist, or a collection of a specific genre, such as dance tracks.
Music industry supplies the intellectual raw material for movies and plays, as well as for education and recreation in general, and they have helped to bring about a dramatic increase in the productivity through the aiding of new creations.
Together the new information and communication technologies(ICTs) and in particular the internet, have enabled unauthorized creation of unlimited, perfect and costless copies of protected works, as well as their almost instantaneous and worldwide distribution, which poses an unprecedented challenge to copyright law. .
Peer to peer (P2P) file sharing on the internet, allowing users to copy MP3 files (files ...view middle of the document...
Copyright protection covers all ‘literacy and artistic works’ such as writings, including scientific and technical texts and computer programs; databases that are original due to the selection or arrangement of their contents; musical works, audio visual works, movies etc. it protects authors original form of expression and does not protect ideas. The subject matter of copy right and related rights include every production in the literary, scientific and artistic domain, whatever the mode or form of expression, provided the work is original intellectual creation.
In addition to granting economic rights, copyright also bestows MORAL rights that allow the creator to claim authorship of the work and prevent its mutilation or deformation that could harm the creators reputation for integrity (Sec.57, copyright act). By giving creators incentives in the form of recognition and fair economic rewards by the way of royalties and protecting their moral rights, copyright and relate rights help in human creativity and thus growth of the society.
Section 52 of the copyright act provides for certain examples of fair uses:
* Educational uses
* Use for media reporting
* Use for judicial proceedings
* Reconstruction of ‘heritage building’
* For criticism or review
Section 2(y) and section 13 of the copyright act classifies the rights of author in to following categories:
* Literary, dramatic and musical work
* Artistic work
* Cinematography work
* Sound recording
* Computer programmes
The rights regarding these works can be classified into:
* Economic rights: includes the rights of reproduction, broadcasting, public performance, distribution etc.
* Moral rights: the authors rights to raise objections in the case of any distortions, mutilation and any other modification in his work by others apprehending to injure his reputation, to claim author authorship.
* Right to claim share
* Right to resort
* Right to take civil and penal action
* Right to resort to administrative remedies.