INTELLECTUAL PROPERTY LAW

Intellectual Property Law



Introduction

Every piece of creation is a result of inspiration and innovation and it comes out of unique creativity of each and every individual who creates it. An individual who creates something wants to have appreciation of his or her creativity so, in order to receive that appreciation he or she makes the public display of its creation. This public display may involve certain susceptibility of risk of theft and stealing of idea and misrepresentation of ideas. To combat this issue we take the aid of laws. Different laws provide protection to our creation. But laws are ever changing in order to avail the protection of laws properly we must understand laws very well. This paper deals with a scenario given in a case and implications of law of copyright. Copyright is the right that automatically arises whenever an individual produces a creative piece of work.

Scenarios of the given case

First scenario

In the given case three entities are involved that are music record company LMI, a musical band Yello and a web developing firm TWD. This case presents two scenarios in first scenario LMI gave money to TWD to develop a promotional web page for Yello and they provided them with 3 extracts of Yello's songs and band member's photograph's. A dispute arose when a fan of Yello shared extracts of three songs with his friends. But LMI did not sign any legal contract with TWD.

Second scenario

Now Yello wants to include a cover version of Queen's song in their next album. Now LMI would take all proper measures to protect themselves legally.

Implication of copyright law in first scenario

The first and foremost legal error that LMI did was that they did not sign a legal contract with TWD so that is why they did not have copyrights and license. When two parties get involved in any sort of contract it's imperative to sign a legal and official document of contract. Without a legal, official and signed contract no two parties can file petition against each other. If LMI would have signed a contract with TWD they could take legal actions against TWD. They would have their legal and valid arguments against TWD. Laws protect such sort of conduct through its various rules.

Infringement by communication to the public

A new section SI 2498 that was inserted in the copyright designs and patent Act 1988 provides protection against such sort of conduct. The law of copyright restricts under this section the communication of any creation in the field of music or in the form of a sound recording to public by adopting the means of electronic transmission in a manner that allow general public to access and utilize that piece of creation at any time and from anywhere. This means that general public have control to choose the time and place to access to that piece of creation of musical work or sound recording.

This section was introduced in the year of 2003. Basically it deals with issues of infringement and ...