INTELLECTUAL PROPERTY RIGHTS

 INTELLECTUAL PROPERTY RIGHTS 1
Topic:Intellectual Property Rights
Pages: 10
Words: 2500
References: Harvard
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Intellectual Property Rights
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[Name of Institute]
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Introduction
Intellectual property is an engine of progress. Intellectual property is the guardian of one
of our most precious gifts, imagination. The ability to imagine is what triggers ideas and feelings,
which can then be transformed in painting, novel, music or song ... Intellectual property and
copyright protects the expression of ideas: it allows people to create.In everyday life, we are
facing with intellectual property because everything was invented by someone. With intellectual
property, the fact that it is possible to control the expression of his ideas simply means that you
can make a living.
Imagine someone paint a beautiful picture and someone again in thousands of copies for
sale. Is it normal that this could be done without the permission of the author of the original
piece, and we did not pay him any compensation? Intellectual property is just that. Whether
you're a painter, photographer, writer or journalist, composer and song writer, you must have
control of the use made of our work.
Copyright protects authors of the songs that are stored on a disk, performed in concert, on
a printed score (Patterson, 1968), reproduced or distributed on the Internet. Besides the authors,
intellectual property also protects the chain of creation, i.e. the musicians, artists and producers.
Thus, when a song is played on the radio, everyone receives a small fraction of the revenue that
radio generates with the music it broadcasts. These intellectual property rights have only one
objective, to allow rights holders to control the use of their creativity and to be paid for any use
of their work.
With the advent of Internet, it has become extremely easy to reproduce and circulate data
on the Internet. Laws may differ from one country to another at different points, however, around 
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the world; the availability of music on the Internet involves having permission from all rights
holders.Thus, it is not because the technology now allows to copy and transfer music easily
necessarily need to. The intellectual property rights are precisely to allow all creators to exercise
their right: control what is made of the work to which they participated, and to be paid if it is
used in one way or another (Alikhan & Mashelkar, 2004).
Copyright and Related Rights
The Copyright and Related Rights Regulation 2003 has amended and modified the
Copyright, Designs and Patent Act, 1988. The emphasis of modification is to provide the
copyright protection in the era of Internet. This regulation provides copyright protection and
security to the owner of the content so the content cannot be freely used over Internet.
The modern notion of copyright appears in the 20th century with two essential
components: a moral right and a property right. The first, the moral law, is perpetual, inalienable,
inalienable and exercised by the owner himself or his assigns. The property right has meanwhile
reproduction rights and representation. Under these rights, the owner may receive direct
compensation paid by consumers or indirect remuneration as compensation from the levy on
blank media to compensate for the right to private copying (Dowd, 2006).
In 1985, neighbouring rights were added (Lang Law) for performers, publishers and
producers. There are exceptions to this system to avoid having to submit any use of a sound
recording to the authorization of the performer or producer. This is the system known as
"equitable remuneration" under which to broadcast sound recordings in public, it must pay a sum
essentially sitting on operating revenues (1.65% of revenue for clubs, 5% for radios, and 2% for
television). Finally, the authors and performers cannot oppose, once disclosed work, their copy 
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for private use. The right to private copying is offset by a tax levied on blank recording media in
which the product is shared between having rights and help to create tax funds.
The Copyright and Related Rights Regulation 2003 has presented a new definition of
broadcast, an electronic transmission of visual images, sounds or other information which—
(a) is transmitted for simultaneous reception by members of the public and is capable of
being lawfully received by them, or
(b) is transmitted at a time determined solely by the person making the transmission for
presentation to members of the public (The Copyright and Related Rights Regulations
2003)
The usual Internet transmissions are not considered as broadcast until it has been
transmitted simultaneously through different other mediums also. Thus, according to this
definition, copyright and performer’s rights are not violated by simply