Copyright Violation?
Querist :
Anonymous
(Querist) 24 November 2017
This query is : Resolved
I'm planning to publish a book of literary criticism containing studies of poems. The book has been structured in the following manner -- Poem 1 followed by Study 1, Poem 2 followed by Study 2 and so on and so forth. Will the inclusion of poems in the book constitute copyright violation? All poets except one are dead. It's hard to trace / procure permission from legal heirs. What's the legal position? Are there any limitations on lines which could be quoted?
What's the way out? What are the worst implications?
P. Venu
(Expert) 25 November 2017
If it is a criticism, why you are republishing the poems? This is quiet unusual.
Guest
(Expert) 25 November 2017
Notwithstanding the author being alive or dead, all depends solely upon the age of each individual poem, unless copyright is got renewed afresh on revision or otherwise by the author or his legal heir
Guest
(Expert) 25 November 2017
@ Mr. P. Venu,
Since not every poem is read or known by the most of the citizens, any criticism in the absence of the targeted contents would be irrelevant for the purchaser of the book.. So, logically presence of the poem being critically analysed is a must in the book, so that every reader may be able to form his/her positive or negative perception on right perspective. Otherwise, their own perception would become biased due to the individual opinions of the author single-handedly.
Guest
(Expert) 25 November 2017
Perfect advice by Mr. Jigyasu.
P. Venu
(Expert) 25 November 2017
Mr.Jigysu:
I had made my suggestion in my understanding of the matter. There is quite unnecessary for you to be judgmental.
If at all the querist has any misgivings, he/she is free post them.
Guest
(Expert) 25 November 2017
@ Mr. P.V enu,
My clarification was just to make the point clear. I wish, you could have taken that in right spirit just as a element of improvement of knowledge. Rest depends upon your own sweet will.
P. Venu
(Expert) 27 November 2017
It would be advantageous in this context to refer to the following provisions of the Copyright Act, 1957:-
2. Interpretation
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(m) "infringing copy" means -
(i) in relation to literary dramatic musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;
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14. Meaning of copyright-
For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely :-
a. in the case of a literary, dramatic or musical work not being a computer programme,-
i. to reproduce the work in any material form including the storing of it in any medium by electronic
means,
ii. to issue copies of the work to the public not being copies already in circulation,
iii. to perform the work in public, or communicate it to the public,
iv. to make any cinematograph film or sound recording in respect of the work,
v. to make any translation of the work
vi. to make any adaptation of the work
vii. to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub clauses (I) to (vi)
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22. Term of copyright in published literary, dramatic, musical and artistic works –
Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until sixty years from the beginning of the calendar year next following year in which the author dies.
Copy right is a subsisting right and that right requires no registration or renewal (unlike a patent or a trade mark) and subsists not only during the lifetime of the author but extends to a further period of sixty years subsequent to his/her death. The suggested activity of the querist during the term of copy right, as provided by the Law, amounts to its infringement, with all the adverse consequences.
The suggestion from Jigyasu is contrary to the provisions of the extant laws.Such opinions are devoid of any element of knowledge save, of course, how to overawe others on the basis of inchoate knowledge. I am sorry that I am inadequate for such an onerous mission.
