Tracing the History of Assimilation of Adaptation Right into Copyright

  • Archana P.
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  • Archana P.

    Research Scholar at Inter University Centre for IPR Studies, CUSAT, India

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Abstract

Adaptations occupy a significant place in the world of intellectual property, especially in Copyright Law. Copyright law protects the original expression of an idea. In addition to protecting the original work, copyright law also restricts other persons from making adaptations of protected works without the permission of the owner of the copyright in the original work. Although the adaptation may be eligible for new copyright protection of its own, unless either the original work has to come in the public domain or the owner of the copyright in the original work has to consent to the same. Otherwise, the adaptation would infringe the copyright of the owner of the original work. This is an attempt to track the evolution of adaptation right into an exclusive right under the copyright. Expansion of the scope of the authors’ right of creative reuse from mere reproduction right. This paper looks into the philosophical and cultural foundations on which the adaptation right was assimilated into copyright. It also looks into the national practice concerning adaptation at early periods. The paper also highlights the conflict in recognising adaptation right at an international level during the emergence of the Berne Convention.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 3591 - 3603

DOI: https://doij.org/10.10000/IJLMH.115297

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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