COPYRIGHT LAW IN INDIA
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Abstract
To address the issues of copyright infringement over the original Mona Lisa, it shall first be asserted that the original work of Leonardo Da Vinci is in the “public domain”. “When copyright in a work comes to an end, the work is said to enter the public domain” Usually, after the creator of a work has died and a period of 70 years or more has passed since, due to the passage of time the copyright does not persist over the work and a new work can be created using the original. In this case, both the impugned works by Duchamp (1919) and Dali (1954) were clearly after the stipulated period of the passage of time after the original creator’s death (Da Vinci passed away in 1519), therefore no copyright persists. However, copyright laws did not exist in the 16th Century. So, clearly Leonardo Da Vinci’s work can be recreated and reinterpreted.
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