justice Archives | Adamas University

A LEGAL STUDY OF THE DEVELOPMENT OF THE COPYRIGHT LAW IN INDIA

The history of copyright is the tale of how the law has adapted to technical advancements. There have been significant technological advancements since the Rome Convention in 1961 and the final amendment to the Berne Convention in 1971. The introduction of digital technology has repeatedly put a major strain on the copyright regime. The WIPO had established two committees of experts [Committee of Experts on a Possible Protocol to the Berne Convention in September 1991 and the Committee of Experts on a Possible Instrument for Protection of the Rights of Performers and Producers of Phonograms in September 1992] to examine the effects of new technologies on copyright and neighbouring rights. These Committees, after exhaustive discussions, in which India was an active participant, drafted basic proposals for three new treaties, that is-

Treaty for Protection of Literary and Artistic Works;
Treaty for Protection of the Rights of Performers and Producers of Phonograms; and
Treaty on sui-generis protection for Databases.

The Conference adopted two treaties, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The database treaty was deferred for further study.

Being a WIPO member and a party to the WCT (World Copyright Treaty) and WPPT, India has repeatedly revised its domestic legislation to be in line with international copyright standards. The Copyright (Amendment) Act of 1994 and the Copyright (Amendment) Act of 2012 serve as excellent examples of the sufficient degrees of advancement in Indian copyright laws that have been repeatedly seen.

The Copyright (Amendment) Act, 2012’s recognition of the performers’ rights under Section 38-A and the recognition of the performers’ moral rights under Section 38-B speak volumes about Indian jurisprudential thought and intellectual development in relation to the related rights in the area of copyrights.

The 50-year protection period offered by Indian law to phonogram performers and producers is in line with worldwide norms; the duration of the protection is not just adequate but also satisfactory. It is also a nice development that the period of protection for broadcasting reproduction rights has been increased from 20 to 25 years in the case of broadcasting organizations.

Since the passage of the Copyright (Amendment) Act in 1994 and the Copyright (Amendment) Act in 2012, India’s Broadcasting Reproduction Rights and Performers’ Rights have advanced significantly. In addition to the general-statutory and other economic rights, India has made a significant advance by focusing on and incorporating the idea of moral rights—that is, rights related to paternity and integrity—into its legal framework.

India is quickly catching up to its necessary credit, as in some countries, performers, phonogram producers, and broadcasters of copyrighted works are protected by copyright alongside authors, while in others, they are protected by neighbouring or related rights because of their role in distributing copyrighted works to the public as consumer goods.

What India is still to realize

New media and technology give right holders new avenues for the distribution and exploitation of their works, especially online works, potentially opening up more chances for direct licensing. Systematic management of digital rights are intended to allow a greater range of terms and conditions for the use of those works while better distributing and protecting the right holder’s investment [however, India awoke to this realization and adopted Sections 65-A and 65-B by virtue of the Copyright (Amendment) Act, 2012]. Increased market adoption of these systems is anticipated to expand consumer choice and availability of copyright works, such as digital software and entertainment products, and to permit price points that reflect the consumer’s actual use rather than an assumption that the consumer will use the product in a variety of formats. All of this must further copyrights as well as copyright-related rights, such as the rights to privacy and publicity.
In the digital networked environment, creators and performers want assurances that their moral rights will be upheld, especially by third parties, and that their creations and performances won’t be unfairly influenced.
Since the WIPO Internet Treaties negotiations began, audio visual performers have been calling for an upgrade to their legal status on a global scale. As a result, India should proactive begin pursuing this goal on a national level. India cannot afford to lose sight of the Rome Convention, which is now incorporated on a global level and seeks to update broadcasters’ rights in response to market changes and technical advancements.

Overall, India appears to be well-equipped to provide the allied-right-holders, such as performers, phonogram producers, and broadcasters, with the necessary protection. It is hoped that India will continue to advance and meet the challenges presented by the wave of digitalized, networked environments ‘head-on’.

Career prospects post pandemic in criminal law specialization

A career in law provides a wide variety of work prospects that include litigation attorneys, law firms, legal assistants, and many other legal executives. One of wishes to make a successful career in law, must begin from an undergraduate degree like B.A. LL. B, BBA LL. B, B.COM LLB, BSC LL. B, and then the postgraduate degree for example LLB, LLM.

This law field deals with the offense which is happening against society or state. It is one of the oldest branches of law and therefore, an incredibly thrilling one. It mostly involves terrorism, hate crimes, personal offense, international criminal law.

In India, during the harsh time of Covid 19 pandemic the crimes have increased at a very fast rate which included white collar crimes, crimes against women, cyber crimes and other cyber crimes.

White collar crimes are the most influential criminologist of the 20th century and also a sociologist, Edwin Hardin Sutherland, for the first time in 1939, defined white collar crimes as “crimes committed by people who enjoy the high social status, great repute, and respectability in their occupation”.

One of the emerging trends is increase in cyber-forensic in recent times. Cyber forensics is defined as “the collection and analysis of data from computer systems, networks, communication streams and storage media in a manner that is admissible in a court of law”

Cyber forensics per se involves the utilisation of knowledge of computers, computer systems, computer networks and the Internet i.e., it is primarily technical in nature.

Another violence that has been committed on women is the problem of Domestic violence One in three women worldwide experience physical or sexual violence mostly by an intimate partner. Violence against women and girls is a human rights violation.

Since the outbreak of COVID-19, emerging data and reports from those on the front lines, have shown that all types of violence against women and girls, particularly domestic violence, has intensified.

Criminal Law is just like a roller coaster ride when it comes to the point of work, it deals into interacting and interrogating the accused, witnesses, working around forensic reports, post-mortem reports, things found at the scene relating to the crime and more. As a Criminal law you can opt for private practice or work as a public prosecutor.

Criminal law is not only confined with Indian Penal code 1860 but it includes a wide range starting from penology and victimology keeping in mind Criminology and the best of all criminal psychology.

Penology is concentrated mainly with the concept of what sought of punishment should be imposed in case a person commits any crime within India.

Victimology is a subject mainly with the intention of compensation the victim in India and the sought of remedy they should get if any crime is committed.

Criminology is subject concentration mainly with studying of crime in India and analysing the reason for Commission of crime in India.

Criminal psychology is a subject which mainly focuses on understanding the psychology of the criminals and what goes around in the mind of the Criminals when they commit any crime.

Criminal law has become the need of the hour to flourish in India and it is only possible if post graduate courses are persuade in India

Criminal Law Specialization

1) Criminology and Forensic Science

2) Cyber Crime

3) Domestic Violence

4) Human Rights

5) Sexual Abuse

6) Crime against Women

7) Criminal Trial & Criminal Appeal

8) Murder, robbery, theft, and kidnapping

9) Bail (Anticipatory & Regular)

10) Criminal Revision and Criminal Quashing

11) Anti Hijacking Matters & Anti-Terrorist Matters

Criminal Law Scope in India

Due to the increase in criminal cases, opportunities in the field of criminal law are wide. The job of a criminal lawyer is basically to represent or defend his/her client who is accused in criminal cases. Criminal defence lawyer employed by the government is known as public defenders. They can also work as a private criminal lawyer. In public practice, the lawyer can work either for the Public Defender Service (PDS) or Crown Prosecution Service (CPS). Criminal lawyers initially start their careers by assisting a professional and renowned criminal lawyer. One can start working individually after gaining some experience.

A criminal lawyer plays the role of both advisor and advocates the clients. The work profile of a criminal lawyer in India is not so easy, it requires lots of patience to work on a case for long hours. Criminal Lawyers’ jobs mainly revolve around communication with the clients, collecting evidence & actual facts by interviewing the witnesses. They also interact with the police & research in detail about the case. After giving the Bar Exam, criminal law graduates can join a legal firm or they can start their own practice. They can also work at the session court, trial court, or the high court.

Criminal Law in India: Job Prospects

1) Government Advocate

2) Government Pleader

3) Additional Public Prosecutor

4) Criminal Law Practitioner

5) Lecturer

6) Standing Counsel

The scopes are unlimited and hence the scope has to be chosen very careful and thoroughly.

Recent amendments also open ways for a career in the field. On March 28, 2022, the Criminal Procedure (Identification) Bill was introduced in the Lok Sabha. The Identification of Prisoners Act of 1920 is being replaced by this bill. The bill broadens the types of data that can be collected, the people from whom it can be gathered, and the authority that can authorise such collection. It also stipulates that the information be stored in a central database. Resistance or refusal to provide data will be considered an act of impeding a public worker from performing his duties under both the 1920 Act and the 2022 Bill. Here the need for data science professionals will be needed for collecting and storing of data of several persons. So, here also the scope expands for the professionals.

The emerging trend of blended learning – artificial intelligence and tech merged with law. Here, now a days after pandemic, as the crime got increased in higher rate, the artificial intelligence and technology is being used to control the crime and catch the criminals. So, here also with the criminal specialisation, many persons can join those institutions.

CONCLUSION

Building a career in the field of law necessitates an abundance of knowledge, abilities, and zeal. It necessitates social awareness. Over the course of a few months, the world has changed, and there’s no ignoring the fact that with those changes come changes in law, particularly in areas of law that are more significant than ever.

Because the workplace has evolved, employment law will expand to incorporate additional situations such as workplace conflicts over working from home capabilities, safe working environments in the office, and the employer’s duty of care in the event of future pandemics. There will be new definitions for flexible working and how businesses will decide what is appropriate. Over the course of a few months, the world has changed, and there’s no ignoring the fact that with those changes come changes in law, particularly in areas of law that are more significant than ever.

Legal tech, with a new need for digital solutions, litigation, with many companies in conflicts with customers over cancellations and delays, insolvency, with the inevitable economic downturn, mental health law, and family law might all experience development.

INTERNATIONAL LAW: THE LEGAL NEED OF GLOBALISED WORLD

In this current era of globalisation and cross border international relation International law stands out as one of the most effective tools to bring about efficiency for future progress.

International law has wider ambit and covers over almost every aspects of legal and policy framework. International law in the forms of treaty between state parties and thus stands as the best and only sets of law and rule used by international bodies and organisation to carry out world governance. One of the most essential future aspects of studying international law is the opportunity of working with or at several international organisations. This includes both international and regional bodies thus creating scope for aspirants to engage into work experience and get involved to work with several organisational giants’ starting from UNEP, UNHRC in international level to SAARC in national level..

It also stands as a stalwart in aspects of judicial functioning and legal practice. Referring to the former it is obvious to mention about the International Court of Justice, this court recruits Judges from all its Member signatories and recruits several others at its co related organisations which ranges from UN Maritime Tribunal to UN Dispute Tribunal. All such field requires great expertise and knowledge in international law and the subdivision of international law.

Future aspects of international law not only restricted to organisational work, but also as councils in Legal Firms and have to their credits being recruited by both national and abroad legal firms. Currently several international and overseas legal firms has opened up their branches in India and this firms gives priority to person who has a sound knowledge and background of international law.

On being an independent law in it nature is not restricted by state parties and is thus extremely effective in having their own body of Policy Researcher and Policy framers. On qualifying in international law one can engage in work with policy making bodies. This policy regulatory body includes wide range of work starting from policy researcher, policy adviser to policy framers. This policy framing body on further engages into debates of policy betterment at International Parliamentary policy discussion and for that it requires expertise particularly in international law.

It further includes works and opportunity at embassies. International law graduates are often recruited by embassies to function as legal advisor and legal diplomats working on regulation of treaties and cross boundary contracts. The recruitment process at embassies emphasises and prefers people having sound knowledge of international law. Thus a graduate in international law gets involved with several governmental works at the embassy and are has carrier opportunity to be a part of international diplomatic work at cross border level.

International law stands out as one of the most promising field not only practitioner field of law but also in legal academics. Any graduate after their completion in international law can go for a Maters Program in International law in both India and abroad. The abroad universities gives preference to the students who has a prior knowledge in international law. Moreover as international law is not just a single discipline rather it includes wide range of other discipline under its domain which ranges from International Environmental law, International trade law to International Law of Wars Treaties and Peace thus an academic field can be perused in any of this field.

Moreover it is the only law which has Masters Program for both educational and practice purpose. International law has Professional Maters program also which enriches aspirants with greater depth of knowledge who seeks to carry out a carrier in practice. In Professional Masters of International law a great exposure is provided in field of practice and efficacy of international law at all field of applicability.

It acts as one of the most essential subject when it comes in aspects of Juristic work or legal critics or legal authors and writers. Several policies prepared by treaty bound countries and regulatory bodies on framing of any treaties or legislation which is applicable at international level seeks for suggestion from Jurists who has good efficiency over international law. International law also need an effective form of criticism and authors contribution who can give a critical view over what are the needs of changes in a legislation or what can be the applicability effect of a particular legislation. The responsibility of providing such crucial critical analysis are given upon people who expertise and has experience in international law.

Research work ranges from institutional research organisation to research for international law bodies and policy framers research work. All such agencies recruits particularly from international law background who advises, scrutinizes and works to research upon several field of international law and working of international bodies. The research work aids to further efficiency of Law agencies, International Judicial bodies and International policy making organisation. The efficiency in international legal research gives opportunity to be part of several esteemed inter-governmental work force and work upon research exchange programs.

The field of international law and policy research does not always needs to be a part of such international organisations but can also function as independent research bodies who works upon contractual basis with several international organisation. The research bodies are entrusted upon and works on extensive research works to aid the work of such international organisation or at times the research bodies provides effective task force on scrutiny of work done by several such organisation, supervises work and Judgments given by International court and tribunals thus making it easy for everyone to understand the contribution and guidelines provided by such bodies.

One of the most important aspects of international law is that it aids to or works as background of several legal and related work fields. It includes Human Rights, International relation and much more. Every country is a signatory to the UNHRC and there lies a great carrier prospect in association with such human right work process. The Human Rights Commission recruits law graduates and professional who has prior knowledge in international law. International law is known as the parent body of human rights and it is international law who governs the growth and functioning of human rights. Another such related field of work is work related to international relations. International relation among states is dependent on the prevailing functioning between two Country states.

It needs to be always taken into consideration that unlike domestic law international law is more flexible and an ever-expanding nature of law. It brings into its periphery all forms of law and regulation several law which are absent in territorial legal system of the country but are present in abroad countries opens up scope to all under the aspect of international law like Law related to Animations and Design and much more. Thus international law forms an ever-expanding future scope and it can never be crowded with more aspirants than scope as it keeps on evolving with new concept and opportunity due to its flexible nature.

International law is the current need of the hour and the call for aspirant with international law in the time of World Wide globalisation is a current rising phenomenon. This field of law provides knowledge and experience to young mind without boundaries and ensures ever expanding growth.

MINDS AND CRIMES: STUDYING THE LAW AND MIND BEHIND A CRIME

Crime in today’s era is one of the most growing factors in the world. In such an hour of need, we need more people who have an understanding of the criminal law. In our everyday life, we hear about murder, rape, people getting attacked, robbed, and many other criminal offences against people. The suffering of the victims is increasing day by day. Criminal Law is the one that protects people against such offences. Understanding the law does not only mean finding a way to punish the person committing the crime but also protecting the person who has been falsely accused.

Criminal Law consists of rules, regulations, and statutes which define the action of a person which violates public rights and also disrupts public safety and welfare. In India, one of the oldest branches of law in Criminal Law. It protects people against crime as well as punishes the one who commits such crime. One of the main focus of Criminal Law is to determine the guilt of the person as well as the consequences of such conduct and what punishment such person deserves who committed such crime.

Criminal Law Honors also includes various other fields of study such as Criminology which teaches us how the mind of criminals works and how to proceed further with it. Also, about different kinds of crime and offences in the society like White Collar Crime, Manual Scavenging, Food Adulteration, etc. With these different views and knowledge, it becomes quite interesting to stud and implement in reality. It covers all the areas and perspectives of crime as there is in society.

A Candidate may study Ba.LLB, BBA.LLB or BSc.LLB after passing his 10+2. In this 5 Year of the Course, all the law subjects mentioned in the law curriculum are the same in the above-mentioned courses. Any Candidate can choose Criminal Law Honors as their specialization in this 5-year course along with other specialization available in the course. Though, eligibility criteria for the course of Criminal Law may vary from one college to other. A candidate may apply to a different college and university after clearing their Higher Secondary.

Even with the introduction of various kinds of specialization in the field of law, Criminal Law stands as one of the most preferable courses. Candidates can pursue Undergraduate (UG) and Postgraduate (PG) in the field of Criminal Law. To pursue Criminal Law, the inspiring candidate needs to pursue integrated law programs in UG and directly pursue Criminal Law specialization in PG level law. There are different kinds of courses offered in the PG level Criminal Law are LLM in Criminal Law, LLM in Criminal and Security Law, LLM in Criminal Law and Criminal Justice and Administrative Law, LLM in Criminal and Business Law, LLM in Criminal Law and Criminal Justice, etc. Candidates can also pursue diplomas and certificate courses in the field of Criminal Law.

The course includes not only the subjects relating to Criminal Law but also many extra co-curricular activities like Moot Courts, Court Room Exercise, Debates, Judgment Writing, etc. These extra co-curricular activities provide the candidates a diverse mindset and prepare them for their future endeavours. These practices teach the candidates about Court Room and its etiquette and prepare its students for their future practices, make them better at argumentation and how to present themselves in the courtroom. These practices also focus on the overall personality development of the candidates.

The Students also get the opportunities to do internships which give them exposure throughout their course. The students are required to at least do One Internship every year. Students can do an internship under Advocates, in NGOs, Law Firms, Judges Etc. Internship helps the students understand the work before fully-fledged. The goal of the internship is to give the students to experience practical working and see firsthand the application of the law. This also helps the students to decide what sector they wish to work in after graduating.

After the completion of the course at the UG level, the candidate can go ahead with their study in Criminal Law at PG level or opt for a job. There are many job opportunities available for Criminal Law students. Some of those are Criminal Litigator, Legal Advisor, and Judicial Officer and also can appear for various government jobs entrance exams. The opportunities are many; a person can also join Law Firms or private companies for work.

Hence, increasing criminal cases in India requires more people with knowledge of criminal law. Criminal Law Honors has a very wide perspective in the field of law. As mentioned earlier, it is not only about punishing the wrongdoer, but also protecting the ones who are innocent. Benjamin Franklin said that “it is better 100 guilty Persons should escape than that one innocent Person should suffer”. This can be achieved by the people having proper knowledge of the law. So, our society requires people not only with the knowledge of Criminal Law but with all the extra expertise they carry.