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Copyrights and Writers Tag

BananaIP Counsels > Posts tagged "Copyrights and Writers"

My Fair Writer – Fair Use Principles for Writers: Copyrights and Writers Part 12

As discussed in the previous post, the unauthorised exercise of any exclusive rights in a copyrighted work amounts to copyright infringement. However, copyright law provides certain exceptions to this rule, which are known as ‘fair use’ exceptions. Although the Copyright Act provides for a number of exceptions, this post discusses only the few exceptions which are relevant for writers. Fair Dealing Works belonging to another person may be copied for various purposes like research, criticism, reporting of current events. However, in each of these situations, the law requires that the writer use the work in a manner that amounts to ‘fair dealing’....

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Your Story! So What? – Books, Similarity and Copyright Infringement – Copyrights and Writers Part 11

Copyright Infringment, Author rights, Post on Authors and Copyrights

Copyright does not protect ideas except to the extent they are expressed, and a writer will not be liable for copyright infringement if she copies only ideas of another writer. Ideas, facts, historical events, and public domain works are open to all writers, and no writer can claim exclusivity over them under the copyright law. However, a writer is not permitted to copy expressions of another writer, and such copying without authorization gives rise to copyright infringement. Copyright Infringement If an author exercises exclusive rights of another author with respect to his copyrighted book without permission, the first author will be liable...

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Your Book or Mine – Writers’ Moral Rights: Copyrights and Writers Part 10

A writer has two types of rights in his/her work: moral rights and economic rights. Economic rights are most often brought up in a discussion on copyright law, as they could lead to direct commercial benefits for the writer as well as other parties involved in a transaction. As seen in the previous post, the rights to publish a work, make it available to the public, and make and distribute copies of that work are important rights for a writer to make a living. Although moral rights do not directly help the commercialisation of a writer’s work, they are essential...

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Reading Between The Lines- Book Publishing Contracts: Copyrights and Writers Part 9

Reading Between The Lines- Book Publishing Contracts_ Copyrights and Writers Part 9

Getting a publishing contract is an important milestone for a writer. For some writers, that is a remarkable achievement. This is despite the fact that the value added by publishers in publishing a book has been diminishing over the years. In reality, a publisher is merely a middle man between the author and the reader, and though many publishers claim to contribute to the quality of the book, their role is mostly limited to copy editing, printing, and distributing it. The success of a published book is largely dependent on the author and his efforts, and when seen from this...

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A Writer by Any Other Name: Copyrights and Writers (Part 8)

The image depicts the a tag with Copyright written on it

  Since the eighteenth century, writers have been writing under a name different from their given names. A few have chosen a different form of their own name, like a diminution or combination of their first, middle and last names. Others have chosen an entirely different name, far removed from their own. A few others have chosen a different name for each genre of their work, which has resulted in upto 11 personalities for some writers. Reasons for these pseudonyms or nom de plumes are many, including a foray into diverse genres, a need to conceal gender or legal identity, or...

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If I Could Copyright… My Art: Copyrights and Writers (Part 6)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

This post deals with filing of copyright registration application for protection of Artistic works forming part of a book. As stated in our previous post, text of a book is protected under Literary works, but some part of the book like images, diagrams, cover image, etc., may be protected under Artistic works. In order to ensure better copyright protection in a book it is recommended that a writer should first file for copyright registration for artistic works used in promotion of the book and cover image of the book. As elaborated in the previous post written by my colleague, Ashwini Arun,...

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If I Could Copyright… My Book: Copyrights and Writers (Part 5)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

  As stated in our earlier posts, copyright registration is not mandatory, as copyright comes into existence the moment a work is expressed in a tangible form. However, writers are generally advised to get copyright registration for the work to make sure that the ownership of the work is duly established and to avoid disputes related to ownership. As copyright registration certificate acts as a proof of ownership right, it is advised that the copyright registration application is filed in the real name of the person/entity having the right in the work. The application process for registering a copyright is simple, and...

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Why Don’t You Copyright Me? Copyrights and Writers (Part 4)

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered. Protecting a Writer’s Work According to Copyright law, the following types of works form the subject matter for copyright protection: Literary Work; Musical Work; Artistic Work; Dramatic Work; Cinematograph Work; and Sound Recording. Books are mainly protected under copyright law as literary works. Literary works include poems, song lyrics,...

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