LANGUAGE IN INDIA

Strength for Today and Bright Hope for Tomorrow

Volume 14:8 August 2014
ISSN 1930-2940

Managing Editor: M. S. Thirumalai, Ph.D.
Editors: B. Mallikarjun, Ph.D.
         Sam Mohanlal, Ph.D.
         B. A. Sharada, Ph.D.
         A. R. Fatihi, Ph.D.
         Lakhan Gusain, Ph.D.
         Jennifer Marie Bayer, Ph.D.
         S. M. Ravichandran, Ph.D.
         G. Baskaran, Ph.D.
         L. Ramamoorthy, Ph.D.
         C. Subburaman, Ph.D. (Economics)
Assistant Managing Editor: Swarna Thirumalai, M.A.

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M. S. Thirumalai
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Coping with Copying
Copyright Violations in Literary Works and Films

Apurva Bakshi and Dr. Ravi Kiran

Abstract

Copyright of literary works is the most debated topic and the most misunderstood one. There is a need for understanding it in totality as it is this understanding that is going to guide the teachers, researchers and students to ethically use the writings and works of others without violating the copyright norms. This topic has attracted researchers from all over the world to focus on the important elements of literary copyrights.

The Indian film industry is replete with examples of unauthorized copying of films from Hollywood many other major and minor film centres. There is a significant debate on the dichotomous position of the Indian film industry as a major cultural force but one that is permissive of copying. The issue is now not whether copyrights or not? The pertinent question is how to use copyright law effectively?

This paper tries to focus on certain grey areas of copyright laws dealing with literary works and films. These are mostly related with the Idea-expression dichotomy and fair use. Apart from these the paper also highlights the violations in literary and film copyrights and ways to tackle them.

Key words: copyright, intellectual property, literary works, film scripts

1. Introduction

The need to innovate is universal and applies equally in all sectors and services. It is the foundation of a successful and flourishing economy. India’s copyright law, laid down in the Indian Copyright Act, 1957 as amended from time to time, adheres strongly to the Berne Convention on Copyrights, of which India is a signatory. Also, India is party to the major copyright conventions and member of significant international Intellectual Property institutions such as WIPO.

Intellectual Property is the product of human brain. It could be in the form of creative, innovative and inventive ideas that have huge potential for the individual innovator, for the business and for the country. Intellectual Property Rights (IPRs) are assuming increasing importance in international trade, investment, in economic relations and in national growth.

Literary works include not only stories, novels, scripts, biographies and other forms of literature, but anything that has been originally expressed in words and put on paper, by way of handwriting or typing and printing. Thus the word ‘literary’ here may be interpreted in a broader sense, much like its usage in phrases like ‘political literature’ and ‘sporting literature’.

This is only the beginning part of the article. PLEASE CLICK HERE TO READ THE ENTIRE ARTICLE IN PRINTER-FRIENDLY VERSION.

Apurva Bakshi
Assistant Professor
School of Behavioral Sciences and Business Studies
Thapar University
Patiala 147004
Punjab
India
abakshi@thapar.edu

Dr. Ravi Kiran
Professor & Head
School of Behavioral Sciences and Business Studies
Thapar University
Patiala 147004
Punjab
India
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