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chhavi (n/a)     16 January 2008

scope of a copyright law

since it is said that there is no specific need of getting ur work registered and formally copyrighted..what all works automatically get a copyright as soon as they are created. for example, if there is a national level exam,say the CAT, is it copyrighted since some one thought of those questions and put them together. is it necessary for the work to be of some monetory worth to be automatically copyrighted. can a university exam paper be shared on the web by scanning, is that allowed?


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 3 Replies

Prakash Yedhula (Lawyer)     17 January 2008

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.

However, subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work

i. for the purpose of research or private study,
ii. for criticism or review,
iii. for reporting current events,
iv. in connection with judicial proceeding,
v. performance by an amateur club or society if the performance is given to a non-paying audience, and
vi. the making of sound recordings of literary, dramatic or musical works under certain conditions.

Hence, if the CAT papers are used for doing research or private study, it would no be an infringement.

chhavi (n/a)     17 January 2008

thank you so much sir for the information, but it brings me to the question, how come CAT papers are available all over the web. giving it in the public domain certainly cant be called private research or study. not just that, even borad exam previous yr papers as well as other national level exam papers are strewn across the net.

SANJAY DIXIT (Advocate)     05 April 2008

Thanks Mr. Yedul for the useful information.

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