PROTECTION OF PRIVACY WITH RESPECT TO COPYRIGHTS BY KODALI NEEHARIKA@LEXCLIQ

PROTECTION OF PRIVACY WITH  RESPECT TO COPYRIGHT ACT

INTRODUCTION :

THE PERSON HAS A RIGHT TO DO WHATEVER HE WANTS ON A PARTICULAR WHEN HE OWNS IT. AT ONE SIDE WE HAVE AN OBLIGATION TO PROCESS OUR RIGHT AND ON THE OTHER HAND WE HAVE TO SAFEGUARD IT FROM THE UNAUTHORISED MEMBER. THUS, THE PERSON SHALL CONSIDER BOTH THESE THINGS WHEN HE OR SHE WANTS TO ENJOY HIS OR HER WORK. IN ORDER TO RESTRICT PEOPLE TO USE OTHER PERSON WORK OR IDEA OR ANY DOCUMENTS WHICH HE IS NOT AUTHORISED TO USE, THERE NEEDS A STRICT LAW IN THE COUNTRY. THIS FOREMOST NEED GAVE RISE TO AN INTELLECTUAL PROPERTY LAW KNOWN AS COPYRIGHT, WHICH PROTECTS THE INDIVIDUAL ABILITY AND IDENTITY.

COPY RIGHT LAW  :

COPYRIGHT IS A RIGHT GIVEN BY THE LAW TO THE CREATORS, AUTHORS, DRAMATIC, ARTIST, CINEMATOGRAPHER AND SOUND RECORDINGS. IT ALSO INCLUDES A BUNDLE OF RIGHTS WHICH GIVES THE RIGHT TO REPRODUCTION, MUTILATION, COMMUNICATION TO THE PUBLIC, ADOPTION AND TRANSLATION OF ONE’S WORK. THE VITAL ROLE OF THIS LAW IS TO PROTECT ONE’S CREATIVITY. SINCE ECONOMIC AND TECHNICAL DEVELOPMENT OF THE SOCIETY IS BASED ON THE CREATIVITY, THE SAME THING SHOULD BE PROTECTED AND HONOURED TO ENCOURAGE OTHERS TO INDULGE THEMSELVES IN SOCIAL RESPONSIBILITY. BASED ON THE TYPE OF WORK THE RIGHT AND TIME PERIOD FOR THE PROTECTION IS DISTINGUISHED BY THE LAW.

AFTER INDEPENDENCE THE FIRST COPYRIGHT LAW WAS ENACTED IN THE YEAR 1957 WHICH GAVE CERTAIN EXTENSION TO THE LAW ALREADY CREATED BY THE BRITISH AND IN 2012 A NEW BILL WAS INTRODUCED TO AMEND PROVISIONS OF THE PREVIOUSLY ENACTED ACT.  THIS AMENDMENT PRIMARILY FOCUSED ON THE INTERNET PRIVACY OF THE AUTHOR, RIGHT TO ARTISTIC WORK SUCH CINEMATOGRAPHIC AND SOUND RECORDINGS, AND TO IMPLEMENT WORLD INTELLECTUAL PROPERTY TREATIES SUCH AS WTC AND WIPO.

CONSTITUTION VIEW :

THE RIGHT TO PRIVACY IS TREATED AS THE FUNDAMENTAL RIGHT OF THE PERSON WHICH IS THE ROOT CAUSE FOR THE PROGRESS DEVELOPMENT OF THIS ACT. THIS WAS GIVEN IN THE JUDGMENT OF THE LANDMARK CASE KNOWN AS UNION OF INDIA VS K.S PUTTASWAMY (2017) 10 SCC 1. THE FINAL ORDER OF THE CASE IS AS FOLLOW;

 

THE COURT HELD THAT RIGHT TO LIFE UNDER ARTICLE 21 OF THE CONSTITUTION WOULD INCLUDE THE RIGHT TO PRIVACY THOUGH IT IS NOT EXPRESSLY STATED IN THE CONSTITUTION. “LIBERTY IS FUNDAMENTAL TO DEMOCRACY AND CITIZENS CANNOT EXIST WITHOUT PRIVACY” SAID GOPAL SUBRAMANIAM, A SENIOR ADVOCATE.  “THE FREEDOM OF THE PRESS HAS BEEN DERIVED FROM ARTICLE 19 AND SIMILARLY, THE RIGHT TO PRIVACY CAN BE DERIVED BROADLY FROM ARTICLE 21”. THUS, THE JUDGEMENT GIVEN FOR THE ABOVE-MENTIONED CASES WERE OVERRULED, AND THE RIGHT TO PRIVACY IS FUNDAMENTAL, THAT IT IS INTRINSIC TO LIFE AND LIBERTY AND THUS CAME UNDER ARTICLE 21 AND AS A PART OF FREEDOM GUARANTEED BY PART III OF THE INDIAN CONSTITUTION.

CONCLUSION :

THE GREATER THE PROTECTION OF RIGHT, THE GREATER THE PERSON’S RENOWN IS PROTECTED. MOREOVER, THIS ACT ALSO PROVIDERS PUNISHMENT AND FINES FOR THE INFRINGES WHICH MAY EXTEND TO SIX MONTHS. THOUGH THIS LAW STARTED BEFORE 100 YEARS, IT IS STILL IN THE DEVELOPING STAGE BECAUSE OF GROWING TECHNOLOGY IN THE COUNTRY. THERE ARE MANY ACTS AND AMENDMENTS WERE MADE TILL NOW TO PROTECT ONE’S KNOWLEDGE AND WORK MENTIONED IN PUBLIC DOMAIN WITHOUT GETTING AFFECTED BY OTHERS. STILL MANY ORGANIZATIONS CONDUCTION DEBATES AND RESEARCH ON HOW AUTHORS WORK CAN BE USED FAIRLY SINCE THERE NEED TO BE A GREAT EXPLANATION IN THIS TERM.

 

-KODALI NEEHARIKA

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