On Friday 02 July 2010 22:55:27 narendra sisodiya wrote: > As KG said, in Indian Law, we must tell that some page/software is > under public domain. If somebody is not including copyright notice > then it is not under private domain, nor it is under public domain > then where it will fall?
Exactly the opposite conclusion. The act of communicating to the public automatically entitles the author to a copyright. It is therfore private domain. No specific act other than the act of publishing is required to obtain copyright. If you dont publish, you specifically require to register with the Registrar of copyrights. And when published by someone else without licence it shall not be deemed to have been communicated to the public. Thus the act of publishing automatically entitles you to maximum protection and you automatically exclude everybody from copying and usage. It will be deemed to be public domain only under a specific set of cirumstances excluding the above. Circumstances include death, expiration of copyright or specific assignment to public domain. This is perfectly logical. The copyright act is designed to allow access of literary works by the public without removing any rights of the author, unless he specifically chooses to do so. Also when you broadcast / offer for use, you automatically allow fair use - copying for personal use / archiving etc. Thus any measures that prevent fair use (DRM) could be challenged in court. The IPR act contradicts the copyright act by imposing criminal penalties on "circumvention of technological measures" http://copyright.gov.in/Documents/CopyrightRules1957.pdf -- Rgds JTD -- http://mm.glug-bom.org/mailman/listinfo/linuxers
