DYNAMIC INJUCTION
- An injunction is an official order given by a law court, usually to stop someone from doing something. However, in most cases, such injunctions are granted by the court only after the court identifies the work and determines the plaintiff’s copyright in that work.
- To avoid this cumbersome process and grant protection to copyrighted works in a timely manner, courts sometimes rely on the concept of “dynamic” injunctions.
- A dynamic injunction is passed to protect copyrighted works even before they are publicly released, distributed, or created.
- It ensures that no irreparable loss is caused to its authors and owner, owing to the imminent possibility of such works being uploaded on rogue websites or their newer versions immediately after their creation or release, given the challenges posed by online piracy.
Copyright is a legal concept that grants the creators of original creative works certain exclusive rights to their creations. These exclusive rights are designed to protect the intellectual property of creators and provide them with control over how their work is used, reproduced, and distributed. Copyright law varies from country to country, but it generally encompasses the following key aspects:
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Exclusive Rights: Copyright gives creators exclusive rights to:
- Reproduction: The right to make copies of the work.
- Distribution: The right to distribute copies to the public.
- Public Display and Performance: The right to publicly display or perform the work.
- Derivative Works: The right to create derivative works based on the original (e.g., adaptations, translations, and remixes).
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Duration: Copyright protection is not permanent but typically lasts for a specific duration. In many countries, including the United States, the duration of copyright protection extends for the lifetime of the creator plus an additional 70 years. For works created by corporations or anonymous authors, copyright protection may extend for a fixed number of years from creation or publication.
- Automatic Protection: In most jurisdictions, copyright protection is automatic as soon as a work is created and fixed in a tangible medium. Registration or formal notice is not usually required, although it can provide certain legal benefits
- Copyright Infringement: Unauthorized use of copyrighted material that violates the exclusive rights of the creator is known as copyright infringement. This can result in legal consequences, including fines and injunctions.
Section 37 deals with a “special right” extended to every broadcasting organisation.
Section 37 (2) proceeds to enlist what constitutes an infringement of this right. It states that “during the continuance of a broadcast reproduction right” any person who, without the licence of the right’s owner engages in re-broadcasting the broadcast; or causes the broadcast to be heard or seen by the public on payment of charges; or makes any sound or visual recording of the broadcast; or makes any reproduction of such sound or visual recording where the initial recording was done without licence or was licensed, for any purpose not envisaged by the licence; or sells or hires to the public, or offers for such sale or hire, any such sound recording or visual recording, will be deemed to have infringed this right, subject to the provisions of Section 39.
Source: indianexpress
