COPY RIGHT ISSUES IN DIGITAL ERA: AN OVERVIEW

Mohammad. Asif Mustafa Khan

Librarian Indian Business Academy Plot No, 44, Knowledge Park 3rd
Greater Noida. 201308.
E-Mail:- akhan@ibagreaternoida.org, asifk786204@yahoo.co.in
And
Aleem Akhtar (Librarian)
K.C.M.T., Bareilly
E-Mail:- akhtar.aleem@hotmail.com

ABSTRACT

Information communication and digital technologies have drastically changed the

collection of libraries, their function and method of collection, storage and retrieval of

information for user community. The digital age presents new challenges to

fundamental copyright issues that are legal corner stones of library services, Libraries

are leaders in trying to maintain a balance of power between copyright holders and

users. As a result a result it becomes necessary to conceptualized copyright issues of

digital information for information professional. In the last few years much concrete

progress has been made towards describing and understanding the inevitable but

seemingly elusive digital future.

Keywords 1. Digital technology 2. Community 3. Copyright issue 4. Library

services

INTRODUCTION

Copyright has initially been formulated to grant economic right to those who have put

efforts in creative work like fine arts, writing or composing and yet balance these

individual with social interests, copyright is the legal concept that concern right to

copy. Copyright protects the labour skills and judgments that someone. Author Artist
or some creator expends in the creation of an original piece of work whether it is a so

called 'literacy work' a piece of work a painting , a photograph a TV Programme or

any other created work. Copyright is a legal protection for a limited period against

unauthorized reproduction of any published/unpublished scientific/artistic work. With

the current digital technology we can build comprehensive collections and with digital

networks we can make these available to users all over the world. The current

challenges are establishing the roles, rights and responsibilities of our libraries and

achieve providing public access to this information. In this situation hons copyright

will, if it can deal with the new world of electronic publishing. Electronic publishing

includes not only online publishing but also CD ROM and related technologies such

as CD interactive of these two CD ROM and related technology are much more

analogous to classic publishing than online publishing. They involve the physical

transfer from the publisher to the reader of a tangible thing on which the published

work is embodied. On line publishing is a very different of its kind. Manuscript are

submitted, edited, reserved and displayed on line. The document is available through

a central file site and is available article by article for a friend annual subscription

price for subscription we have fashioned what we think for subscriber we have

fashioned what we think is an unusually short and user- friendly license agreement.

After all on line publishing give us the opportunity to communicate things to our

customers that we have never had the opportunity to say before. In fact, when we

established a licensing agreement with a recipient of materials, we have an

opportunity to educate.
RIGHTS UNDER COPYRIGHT

Copyright comprises of two main rights relating to economic rights, the rights

of reproduction, broadcasting, public performance, adaption, translation, public

relations, public display distribution etc.

Moral rights: It is author’s right to object to any distortion mutation or other

modification of his/her work that might be prejudicial to his/her honors or reputation.

Both sets of right belong to the creator who can exercise them he/she can use the

work himself/herself can give permission to someone else to use the work or prohibit

someone else from using the work. The general principle is that copyrighted works

can't be used without the authorization of the owner of rights. The registration of a

work under the act is not compulsory, but once the particulars of a work are entered in

the 'Registered of Copyright' it constitutes the prima facie evidence of ownership in

the work. It is desirable to mark, print or display the copyright registration of any

work with the symbol (c) “copyright" along with copyright registration number year

of registration and the name of the owner of copyright to inform the public about the

existence car of copyright in the work and warn them from illegal use or copying the

work.

TYPES OF COPYRIGHT

According to copyright design and patents Act, UK (1988) the following

categories of works are covered under copyright.

• Literacy: songs, lyrics, manuscripts, manuals, computer programmes, web page

designs commercial documents, leaflets, newsletters article etc.

• Dramatic: play, dance etc.

• Musical: recording and score etc.

• Artistic: photography, painting, sculptures, architecture, technical drawings,

diagrams, maps, logos etc.

• Sound recordings: may be recordings of other copyrights work eg musical and

literacy.

• Films: documentary and feature films broadcasts and cable programmes.

• Typographical arrangement of published editions: magazines or periodicals etc.

• Computer programmes: the copyright (computer programmes/ Regulations

1992 extended the rules covering the literary works to include computer

programme.

COPYRIGHT AND INTERNET :

Internet is well known is a threat to copyrighted material because it enables

global ubiquity of information through technologies that allow people to make perfect

copies of content as described. On the other hand the Internet enables many new types

of "infomediary" second ties content business that can create new revenue streams for

publishes. Those business are analogous to bookstores, book clubs, clipping services

or libraries in the real world, they can retcul aggregate repackage, or redistribute

content online.

Such businesses provide value by offering information in forms that

consumers find comment therefore publishes need to encourage those new types of

business to foster their growth, publishers can made it easy to do business

electronically with all publishers in the same way in other words to offer some degree

of interoperability among publishers in the online environment. It might be

technically easier to create a digital infrastructure without copyright, just throw works

up on the internet and let anyone get to them for any purposes, but such system have
been suggested and roundly by those who create and own works of value, so we need

to build an electronic infrastructure that works with copyright and takes advantage of

the digital environment.

COPYRIGHT- INDIAN SCENARIO

In 1914, the first copyright act was passed in India which was a copy of the

British act of 1911. It codified and consolidated the earlier acts an different work to

make it applicable to British it also abolished the common law copyright and

introduced a term of the life the author plus forty years. On 04th June 1957 the

copyright Act 1957 was passed by both the houses of parliament and ratified with the

assent of the president. This act was amended in the year 1983, 1984, 1987, 1992 and

both the houses of parliament passed the last amendment on 11th and 13th may 1994.

The result was the enactment of Indian copyright act of 1957 replaced the act of 1914.

Act of 1957 came into force on 21st century 1958 with the intention to cope with the

new problems in the law of copyright created by advances in communicated

broadcasting, motion pictures litho photography microfilming, cinema, sound

recording etc. it was according to unwersal copyright convention, but at that time, it

was not well in force as most of the population was illiterate. This act covered books

periodicals, music cinematographic works and latest reprographic techniques and

computerized storage.

COPYRIGHT ACT & LIBRARIES

Authors create the thought contents of the documents while the publishers

create a market to "distribute and sell the works libraries at the one round as a social

and cultural institution acquire, process, organise, presence, disseminate and provide

access to the works of intellectual contents in order to satisfy the information hunger
of its user to the works including those that have lost market avability/out of print and

at other hand are intended to support he needs of authors/copyright owners to obtain a

fair economic return on their intellectual property. Considering two such

circumstances. IFLA on the one side support the effective enforcement of copyright

and recognize that libraries have a crucial role play in controlling as well as

facilitating access to the increasing number of local and remote electronic/digital

information resources and on the other hand maintains that overprotection of

copyright could theater democratic tradition and impact on social justice principles by

unreasonably restricting access to information and knowledge.

CONCLUSION

We tend to forget that copyright is a social contract; more than any other type of

property, it depends for its existence on the consent of all parties. Libraries and

information professional can play valuable role as the organizes and facilities of

digital property beyond the transformation of information to an electronic state,

library professionals are in best position to evaluate the value of information in any

form to an individual or to an organization a role under ably ignored now. Indeed, this

role the "Capacity to make use of information effectively" will be cruel in the digital

environment. The library and information professionals should have a four use after

deal arrangement as in the case of printed works.

REFERENCES:

1- Strong.W. (1999), “Copyright in a time of change”. The journal of electronic

Publishing, March, Vol. 4 issue 3.

2- Norman, s (1999), “Copyright in Public Library” 4th ed. London the Library

Association.
3- Upadhyay, Padma. (2000), “Intellectual Property Right in digital era”, NACLIN

22-25th.IIT Chennai, pp.-260-266.

4- Ahuja, Ashish A (1996), “Changing the Unchainged books: copyright as an

infrigment on the philosophy of the library science .DESIDOC Bulletin,

Vol.16, No. 6, pp.5-10.

5- Opperhiem, C. (2000). “Does Copyright have any future on the internet

Journal of documentation” Vol. 56(3), pp. 279,-298.

6- Fenner, A, Ed. (2005) “Managing Digital Resources in Libraries”, Haworth

Press, New York, Pg 2.

7- Drake, Mircam A. Ed. (2005). “Encyclopedia of Library and information

science, CRC Press London pp. 1679.

8- http:// www. elsever. (Accessed on January 2010).

9- http:// www.inflibnet.ac.in (Accessed on January 2010).

10- http:// www.10p.org (Accessed on January 2010).

11- http:// www. Sagepub.com (Accessed on January 2010).

12- http:// www.proquest com (Accessed on January 2010).

13- http:// www.oxford journals (Accessed on January 2010)