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Copyright and Acts which not deemed as Copyright Infringement

    Copyright is one of the branches of intellectual property accepted universally after the TRIPS [Trade-Related Aspects of Intellectual Property Rights ] agreement 1994. Its rules and regulations control and formulated by world intellectual property organisation. MEANING OF COPYRIGHT.. [ HEREINAFTER MENTIONED AS C.R ]   C.R based on the concept of the original creation of the work in the field of artistic, literary, cinematography, software programming, photographic works. It also includes the alteration work of the copyright registered work, validate under the purview of ‘flavour of the creativity doctrine’. These are the subject matters of CR (a) original literary, dramatic, musical and artistic works; (b) cinematograph films (c) sound recording [d] software programme [e] photographic work [f] designs, graphs and maps. Example music created by the composer, he is the creator also having the right to get a copyright for his work. Same it is applicable to director of movie and autho
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LIABILITIES ON SPREADING CORONA VIRUS OR ANY VIRUSES .


Ignorance vs awareness

#LAWINROUTINE

https://www.facebook.com/Law-In-Routine-616926752087272/



Where there is a many posters of how to protect from corona virus. What if someone intentionally , negligently or by ignorance spread the virus by getting in touch or by various mean.

Where the central govt. and all state govt. issue quarantine method to prevent or breakdown the flow of corona virus. Instead of it , if someone ignore orders . there must be a question in our civil mind that . would such person be liable for any offence ?

Let’s consider

Firstly , there is a legal maxim ‘ignorance of fact excusat ignorance of law nor’ . it means ignorance of fact may be allowed but ignorance of law not. The advisory issued by the central govt. or state govt. is also a law by the virtue of article 13 clause 3 of Indian constitution. That’s why one who ignore the advisory of government shall be liable for disobedience and punishable for it under section 271 of Indian penal code which states about the disobedience of quarantine order of govt. ehich penalize for imprisonment forsix months or fine or with both. Ingnorance of law here is a intention…..

What if, when death caused by ignorance of such virus ?

When there’s a death caused by such ignorance . such person is lliable for ‘death caused by negligence’ which is concluded under section 304A of Indian penal code. According to this section death caused by person not amounting for culpable homicide shall be liable for imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Is there any other provision?

According to section 269 of Indian penal code . whoever unlawfully or negligently spread the virus of any disease or having doubt or reason to believe which is harmful to life shall be liable punishment with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

According to section 270 of Indian penal code ,Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Corona virus is also a malignant virus because corona virus directly effect to respiratory system.

Section 2 of epidemic act 1897
When at any time the 7[State Government] is satisfied that 7[the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the 8[State Government], if 9[it] thinks that the ordinary provisions of the lawfor the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as 9[it]shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
(2)In particular and without prejudice to thegenerality of the foregoing provisions, the \State Government] may take measuresand prescribe regulations for—
b)the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease .
This act was enacted for the purpose to prevent or cure the disease spreaded in Bombay at that time.

now the whole developed country or semi developing country has been effected by corona virus , known as covid 19. Corona virus is not a new virus . it was first appear in 1960’s. or late 1990’s . by various news forum has been concluded that to prevent continous spreading corona virus , developed country like china and Italy fails to stop the flow of corona virus. They even depose dead body by electric method which was not common in china and Italy to prevent the virus to flow in air particles .

conclusion….. our legislation and domestic law are well established , if there is a such negligent act performed . such person shall be liable for punishment.

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