First thing let me clarify one thing that copyright act doest't specify
which format its being copied.If the copyright infringed in any format
either in Audio casette,CD,DVD,Vedio casette or MP3 is an offence.
The next questions asked by members whether if its being recorded from
radio or tv is there any voilation.For which if u go through section 39
of copyright act (see my earlier mail) member will clearly undersatnd
the issues.If they record for their own private purposes from radio or
tv then such an act is not infringed of copyright.The world "Bona fide"
is to be understand.If u really record the programme for any reason
said in the section (bona fide) then its exempt.If the owner of the
copyright, dragged the person who copied the programme or song for
which no exemption is given in the act,then the onus of proof lies
with the person who recorded such programme or song to prove his bona
fideness.
Now i say if theydownload from any site whether its voilates or not?
This is a clear violation of copyright act,because the said site in
which the song was downloaded is not a licensed one.And the said songs
are available in the market for some price,so if u download the song
which is not authorised by the owner of the copyright,then its a clear
violation of copyright act.
Then members may ask then how come tv and radio,here the media is
paying money to the copyright owner and broadcast the songs in their
media for which they have not charged any fee to the listeners,so
listeners are free to record that too only for private,teaching or any
research purposes.
Let me explain in more example.In the last meeting held at Moi Foi,
one of our member has presented a vedio presentation in which he has
used the "Thiruvilaiyadal " Visuals for our master Thiruvasagam song.
This is done purely for reasearch or accadamic puposes,hence section
52 and 39 of copyright acts exempt such an issues.Now,if he wants to
sell the same for some price,then this is a clear violation of
copyright act,because he is getting some profits out of the
reproduction for which the original owner of the copyright is only
entitle.
So,let me clear one point that if u download from any site which is not
authorised or lisenced, its a clear violation of copyright act even for
personal use (only Radio and tv media's are exempted).
Now i tell u the punishment part of it.If the person who voilates the
copyright act caught or dragged to court by the copyright owner for any
violation of his copyright act,the owner is entitled both civil and
criminal remedies accroding to section 55 and 63 of copyright act.
Sec 55 says the copyright owner is entitle to get injuction against him
and also he gets civil decree along with means profit (that is in
money) as the court may in the circumstances deem reasonable.
Section 63 says he will be punished for imprisonment for a term which
shall not less than six month and may extend to three years along with
fine not less than of Rs.50,000/- but may extend to 2 lakh rupees.
Mr Vicky has asked one more doubt with regard to magazine etc,
section 52 subsection (k) and (m) deals with this issues.I reproduce
the for our members.
sec 52 -Acts not to be infringement of copyright
in which sub sec (k)-The causing of such reproduction to be heard in
public utlising it- i).in an enclosed room or hall meant for common use
of residents premises (not being a hotel or similar commercial
establishment) as a part of the amenities provided exclusively or
mainly for residents therein; or ii).as part of the activities of a
club,forum or similar organisation which is not established or
conducted for profit ( here comes our yahoo group),
sub section (m)- the reproduction of newspapers,magazines or other
periodicals of an article on current economic, political, social,
religious,literary,dramatic or any musical work or event unless the
author of such article or owner of the magazines/newspapers etc have
expressly reserved to himself the right of such reproduction.
So such a link if its really for the above said purposes and the owner
has not reserved any rights then we can link the details to our forum
which is not a profit making organisation.
With this i conclude this topic and members are requested not to
voilate any of the provions of the copyright act whcih will be an
offence.
Thanks and regads
Guru (Auditor)
Reply With Quote
. Illaina....
Bookmarks