Respect following five rights and get out from the clutches of Copyright Act.

Submitted by tushar on Thu, 01/28/2010 - 20:29

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Whoever violates any one of the five exclusive rights given to Copyright Owner under the Copyright Act, 1957, which are described in more detail below.     * The right to reproduce the copyrighted work;    * The right to prepare derivative works based upon the work;    * The right to distribute copies of the work to the public;    * The right to perform the copyrighted work publicly; and    * The right to display the copyrighted work publicly.Under the principle of contributing liability under the Copyright Act, 1957, ISP may also be held liable for copyright infringement even though ISP is not directly involved.Obtaining images for your website and putting it on webpage designed by you is fabulous idea but keep in mind the cardinal rules which will guide many web page designers like you at the time of selecting images while incorporating into your webpage.Rule 1 - Always create your own original images derived from drawing and painting programs.The best way to start from scratch rather than from somebody's created work. I know its difficult and no one likes but its the best way than to copy and pay fine or penalty for infringement. However if you copy an image and alters significantly, significantly altered image may also infringe somebody's Copyright as the significantly altered image falls under purview of the definition of "derivative work." Rule 2 - Using the Third-Party images than to create own imageThe rule is, "Create your own, Don't steal" An unauthorized copied image is an infringement of the image creator's copyright, provided the use falls under the ambit of "fair use." as stated in Copyright Act, 1957.Rule 3 - Bulls Eye on the Licenses3.1 There are couple of licenses we came across while using the internet, downloading the software. There are certain licenses which put certain conditions on using the image created by them. While using the same, one has to be extremely cautious about the non-violating the terms and conditions specified under such licenses. One good example could be of Mozilla License. Under the Mozilla License, to the best of my knowledge, information and belief, Firefox is image is the trademark of Mozilla and there is restriction of using Firefox image.3.2 The another great source of obtaining images is the "Clip - Art" images. Using Clip - Art images will not violate the Copyright right act, as the Purchaser of this Clip - Art images become licensee automatically after purchasing the Clip - Art images. But in order to become licensee PURCHASE is essential condition otherwise it may violate the Copyright s.3.3 However the Internet provides images that are "Free" in nature. Still bull’s eye is required while using the same because the creator might have put certain terms for using his images. Typically the creator of such images is required to be given credit for his creation while using his creation. And that’s fair deal on part of the creator. Non compliance of such terms of use may violate the Copyright.The author is an Advocate in High CourtTushar KaleAdvocate, High Courtadvtusharkale@gmail.com