This article on ‘Strong Copyright Protection is essential for economic development’ is written by Shashank Shekhar Pandey. A Second 2nd year student from KLE Society’s Law College Bengaluru and an Intern at Legal Upanishad.
Introduction
In this article, we will understand the concept of Strong Copyright Protection and how it plays a vital role in economic development. This article discusses the benefits of copyright protection, such as giving exclusive rights to the creator of the original work, and the disadvantages, such as innovations not being accessible to everyone. The weak Copyright protection laws provide an opening for people to replicate new works and profit financially by selling them.
We will understand further in this article how these laws can be made strong and implemented in the same way. Even if the laws are strong and not implemented properly it leads to losses rather than economic development. The growth and development of a country depend upon the creation of new pieces of work, be it literature, art, or scientific creation.
Hence it is necessary to protect the rights of these creators and their original work. Such protection of their work inspires and motivates them and others to create something new which is directly related to the growth of a nation. Copyright gives encouragement and protection to the owner of the original creators.
What is copyright protection?
Copyright protection is the way to protect original content that is produced for the first time. It is not copied or forged from any other similar work but is the original result of someone’s expression of ideas. Copyright protection is not protecting the ideas themselves but the way they have expressed it. The prime use of copyright protection involves the protection of original work from unauthorized replicating.
Copyright applies to works created by the owner, creator, or whoever is responsible for them and whose creation is a result of their original work. It can be artwork, literature, or new inventions. It is a legal right given to them that denies other people to use their work or take credit. Legal action can be initiated if anyone copies the original work without the permission of the owner. This helps to deter unethical practices in the market promoting fair competition. The protection refuses to make minor changes in the original work and sell it as one’s new work.
How is it essential for economic development?
There is a necessity of strong copyright protection for economic growth because it protects the interest of the owner or creator to provide them rights encouraging them for innovation. It prevents the rivals from misusing the work of the creators unethically without their permission. A good copyright protection law is necessary to protect the interest of the original owners and stop others from exploiting their work. But mere law can’t help in the growth of the nation. Its strong implementation plays an important role in it.
The main focus of this protection is to stop people or rivals from exploiting one’s original work. Thus strong law is necessary, or else the loopholes will decrease the innovation leading to a decline of the economy. For one to be involved in innovation and creation must believe that his or her work is secured from any type of misuse. Fair competition in the market is useful for economic growth which comes when one’s work is protected from abuse.
Quality of the product is the utmost priority of customers thus strong copyright protection keeps the rivals away from duplicating the work. This fair market for customers improves the financial aspects of a country.
Benefits of Strong Copyright Protection
The Law ensures exclusive rights for the original work which enables the owner to sell it for a reasonable price to anyone. This motivates the owners and others to be involved in the creation of more and more original pieces of work. One not only gets rights to his or her work but also has the authority to sell it to anyone. This opens a financial window for the owner that drives him to innovate more. If someone copies the original work even after it is protected by copyright law. It’s a clear indication of an infringement of rights and the forger will have to face legal consequences.
The original creators are safeguarded from huge financial losses as no one can forge their work and use it, they have the complete right over their work. The protection of original work gives confidence to the creators and others to keep inviting and reap the benefits of maintaining the repo. (Advantages & Benefits of Copyright Registrations in India, n.d.)
Drawbacks of Copyright Protection
- Providing exclusive rights and giving way more control to the owners can lead to a monopoly in the market. (Mishra, 2021)
- They can charge as much as they want, which would be more than the marginal cost.
- Weak copyright protection leads to duplication of original work.
- Duplicate goods hamper the growth of the economy.
- Competition is the major factor for the development of the economy but sometimes copyright laws limit innovations in the hands of few which slows the growth.
- Rivals can’t use the innovations because they are protected.
- Copyright violations result in duplicate products that result in the degradation of goods that the end customers receive.
- These counterfeit products play an important role in crashing the economy.
- The registration of new work and attaining its copyright is time-consuming and costly.
Case Laws
Yash Raj Films Vs. Sri Sai Ganesh Productions
The plaintiff Yash Raj Films Pvt Ltd. filed a suit of copyright infringement against Sri Sai Ganesh Productions. They stated that Ganesh Productions produced a movie Jabardasth i.e copied from the movie Band Baaja Baaraat which was produced under Yash Raj Films.
The issue raised was whether copyright exists in cinematography, the expression ‘making a copy’ means only producing physical copies, and was there any substantial similarity between the two films.
The court gave the judgment in the first issue that copyright exists in cinematographic films which is the result of original work, secondly the expression does not mean creating a physical copy plus the court found that the defendant has copied the essential and fundamental features of the film.
Suggestion
- Innovations are the key to the development of the economy. If exclusive rights are provided to these creators, it encourages more people to be invested in creative creation rather than duplication. Therefore strong laws and their fair implementation are a must for copyright protection.
- Copyright protection keeps the innovation in the hands of a few which pushes the rival enterprises to invest in creative innovation to compete in the market thus promoting economic growth and technical progress of the country.
- The authorship of work becomes more appreciated and respected if the creator is provided with strong copyright protection.
- By providing legal rights to the creators, investors will be assured of the quality of their work, which will benefit the economy.
Conclusion
Copyright protection is a must to keep fair competition in the market. If weak laws prevail people will forge the original work and sell it. Creative creation is essential for the growth of the economy and equal competition in the market. If someone wants to use someone else’s work he has to obtain the rights of the original work and use it. This saves him from unauthorized access and copyright infringement. Proper use of work and creativity leads to the growth of the economy and sustainable development.
Copyright laws have a substantial impact on the economy of the nation as it decides whether the people will be involved in creating new technologies or just forging the existing work. In a nutshell, Strong Copyright Protection incentivizes everyone to be creative and innovative thus boosting the financial situation of a nation. Strong Copyright Protection Laws ensure significant growth of the country.
References
- Advantages & Benefits of Copyright Registrations in India. (n.d.). IPTSE. Retrieved December 4, 2021, from https://iptse.com/advantages-and-benefits-of-copyright-registration/
- Mishra, A. (2021, March 10). The Role Of Intellectual Property Rights In Economic Development. Khurana & Khurana Advocates and IP Attorneys. Retrieved December 4, 2021, from https://www.khuranaandkhurana.com/2021/03/10/the-role-of-intellectual-property-rights-in-economic-development/
- Sehgal, R. (2019, August 22). Copyright Infringement. iPleaders. Retrieved December 4, 2021, from https://blog.ipleaders.in/copyright-infringement/
- Verma, A. (2020, February 29). Top Cases of Copyright Law in 2019 – iPleaders. iPleaders Blog. Retrieved December 4, 2021, from https://blog.ipleaders.in/top-cases-copyright-2019/