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About Books Publications ..is Book Publishers Can Copy Claim


02-Mar-2023 (In Trademark & Copyright Law)
Sir agr hum kisi book ki pdf sale krte hai to kya book publishers copyright claim kar sakta hai humhare upar? Plz sir explanation se btaiyega
Answers (1)

Answer #1
835 votes
Yes. Either Author of book, License holder of right in book, Publisher of book if he obtained rights from author of book can take action against any type of copyright violation as per copyright law.
 
BOOKS/ E-BOOKS Books written, in print or in any other digital form may be protected either in individual or joint authorship (in case the work is created by two or more persons).
 
NEW EDITIONS OF BOOKS New editions of books may also be considered for fresh registration of copyright, if there is a substantial change in the new edition and not just trivial changes.
 
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.
 
The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
 
Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
 
A work may be considered as literary, if it is expressed in print or writing or in some form of notation or symbols. A literary work is something which is intended to afford either information or instruction, in the form of literary enjoyment. Literary works includes but are not limited to textbooks, poem, magazine, catalogue, letters, novel, dissertation, lyrics of song etc.
 
Any person who knowingly infringes or abets the infringement of—
(a) the copyright in a work, or
(b) any other right conferred by this Act except the right conferred by section 53A, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
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