A Study on

Managing Copyrights
In
Legal Aspects in Management (LAM)

Project Team: Group 2 (PGPM-WE ; WMP 11th Batch)

S. No.
1
2
3
4

Name
Rahul Aggarwal
Rajeev Nayan Jha
Rajinder Kumar Sharma
Reena Prasad

Roll No.
WMP11035
WMP11036
WMP11037
WMP11038

Email ID
wmp11035@iiml.ac.in
wmp11036@iiml.ac.in
wmp11037@iiml.ac.in
wmp11038@iiml.ac.in

INDEX
S.
No.
1

Contents

Reference

What is Copyright?

Desk
1

research/

Book:-

Why should copyright be protected?

Work protected under copyright

4
5

Copyright in India
Indian Copyright Act 1957

6
7
8

Berne Convention for Copyright

International Copyright Laws
Copyright Term

Copyright infringement

10
11
12
13

Transfer and licensing, and assignment

Fair use and fair dealing
Findings & Suggestions
Conclusion

Copyright Protection by Dr. T.

Vidyakumari
Paper by National Productivity
Council
on
Study
on
copyright piracy in India
Guest Lecture by Dr. Maneesh
Yadav, Jaipuria Institute of
Management
Desk research
Desk research
Desk Research
Desk
research,
searches
Desk
research,
searches

online
online

1. What is Copyright?
Copyright is a legal right created by the law of a country that grants the creator of an
original work exclusive rights for its use and distribution. This is usually only for a limited
time.
Copyright is a form of intellectual property, applicable to certain forms of creative work.
Copyrights are considered territorial rights, which means that they do not extend beyond
the territory of a specific jurisdiction. While many aspects of national copyright laws
have been standardized through international copyright agreements, copyright laws
vary by country.
Typically, the duration of a copyright spans the author's life plus 50 to 100 years (that is,
copyright typically expires 50 to 100 years after the author dies, depending on the
jurisdiction).
2

2. Why should copyright be protected?

Copyright ensures certain minimum safeguards of the rights of authors over their
creations, thereby protecting and rewarding creativity. Creativity being the keystone of
progress, no civilized society can afford to ignore the basic requirement of encouraging
the same. Economic and social development of a society is dependent on creativity. The
protection provided by copyright to the efforts of writers, artists, designers, dramatists,
musicians, architects and producers of sound recordings, cinematograph films and
computer software, creates an atmosphere conducive to creativity, which induces them
to create more and motivates others to create.
If copyright protection is applied rigidly, it can hamper progress of the society. However,
copyright laws are enacted with necessary exceptions and limitations to ensure that a
balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners
and the interests of the society as a whole, there are exceptions in the law. Many types
of exploitation of work which are for social purposes such as education, religious
ceremonies, and so on are exempted from the operation of the rights granted in the Act.
Copyright in a work is considered as infringed only if a substantial part is made use of in
an unauthorized manner. What is substantial varies from case to case. More often than
not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very
catching phrase from another lyricists song, there is likely to be infringement even if
that phrase is very short.

According to our guest lecture session with Dr. Maneesh Yadav, Faculty, Jaipuria
Institute of Management:-

Copyright is a form of protection to the authors of original works of authorship,

including literary, dramatic, musical, artistic, and certain other intellectual works.

This protection is available to both published and unpublished works.

Copyright law is designed to protect original work from being stolen or used
without knowledge or permission.

Copyright can apply to any original work of authorship that is fixed in any
tangible medium of expression.

3. The works that are protected under copyright

-

Literary works

Musical works, including any accompanying words

Dramatic works, including any supplementary music

choreographic works

Graphic, and sculptural works

Motion pictures and other audio-visual works

Sound -recordings and

Architectural works.

What cannot be copyrighted are:-

Works that have not been fixed in a tangible form of expression. For example:
choreographic works that have not been notated or recorded, or improvisational
speeches or performances that have not been written or recorded.

Titles, names, phrases, and slogans familiar symbols or designs mere variations
of typographic decoration, lettering, or coloring mere listings of ingredients or
contents.

Ideas, procedures, methods, systems, processes, concepts, principles,

discoveries, or devices, as distinguished from a description, explanation, or
illustration.

Works consisting entirely of information that is common property and containing

no original authorship. For example: standard calendars, height and weight
charts, tape measures and rulers, and lists or tables taken from public
documents or other common sources.
4

There can't be a copyright for a mere idea. For a copyright, there should be a work.
The work should be in a material form, which involves the ideas, translated. As such,
ideas do not have any copyright protection. The most essential pre-conditions for
copyright of a literary work is that the work should be "original". Originality relates to
expression of thought. The work must not be copied for another work. It should not
originate from another work.

Copyrights works of others that can be used are the following:-

When You Own a Copy of a Work

Works in the Public Domain and Public Performances

Fair Use of Copyrighted Works and Use with Permission

Compulsory License

Sound Recording made before February 15, 1972

Playing of Broadcasts and Home Videotaping

Rental of Copyrighted Works

The Right to Privacy and Trademark Rights

"Moral Rights" and Resale Royalties

International CopyrightInternational Copyright is the right of a citizen of one country against the re-publication
in other country of a work, which he originally published in his own country.
ReferencingReferencing or mentioning the name of a few textbooks and newspaper references in a
publication on a .com site doesnt require permission and there is no charge for this.
However one should not give the contents of any such textbooks or newspapers, which
might then violate copyright laws

4. Copyright in India
The copyright in India has travelled a long way since it was introduced during the British
rule. The first law on copyright was enacted in the year 1847 by the then Governor
General of India. When Copyright Act 1911 came into existence in England, it became
automatically applicable to India, being India an integral part of British Raj. This act was
in force in the country until after independence when a new copyright act (the Act of
1957) came into effect in 1958. Thereafter the Act has undergone many amendments.
The latest in the series is the 1994 Amendment, which came into force in May 1995.
The Indian Copyright Act confers copyright on
(i)
original literary, dramatic, musical and artistic works,
(ii)
cinematographic films and
(iii)
Sound recordings.
The word original means that it should not be copied from other works or alternatively
it should be the outcome of independent efforts. The Act empowers copyright holder(s)
to do or authorise doing a number of activities. The important among these are:
-

to reproduce the work in material form

to publish the work
to perform the work in public or communicate it to the public
to produce, reproduce, perform or publish any translation of the work
to make any cinematographic film or a record in respect of the work
to make any adaptation of the work
to do, in relation to a translation or an adaptation of the work

The above mentioned rights are `exclusive' in the sense that the creator (or right holder)
alone has the right to enjoy these to the exclusion of others. The author by virtue of his
creation becomes the `owner' of the copyright in the work. However, there can be
exceptions to this as in the following two cases:a. The creator may be employed by someone and having been employed to create
a work, the rights belong to the employer - not the creator(s), and
b. The creator may transfer his copyright by a document in writing to another
person. This is known as assignment.
In India, copyright on a literary work is provided for the lifetime of the author plus sixty
years after his death. In case of joint authorship, the sixty years period is calculated
from the beginning of the calendar year following the year in which the last (surviving)
author dies.
Copyright with respect to photographs, cinematographic works and sound recordings
spans for 60 years of its first publication. In order to strike a balance between the
society's need for access to knowledge and the need to rewarding creators, limited uses
of copyright protected works are permitted without authors consent. These are called
6

`fair use' of copyright. Section 52 of Indian Copyright Act permits certain activities which
do not amount to infringement. Important in this `exception list' are reproduction of
literary, dramatic, musical or artistic works for educational purposes, e.g. research,
review etc., and reporting in newspapers, magazines and periodicals etc.

5. Indian Copyright Act 1957

Copyright is a form of protection to the authors of original works of authorship,
including literary, dramatic, musical, artistic, and certain other intellectual works.

Meaning of Copyright
As per the Indian Copyright Act the meaning of copyright is the exclusive right to
do or authorize the doing of any of the following acts in respect of a work or any
substantial part namely:(a) In the case of a literary, dramatic or musical work, not being a computer program;
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)

to reproduce the work in any material form including the storing of it in any
medium by electronic means;
to issue copies of the work to the public not being copies already in
circulation;
to perform the work in public, or communicate it to the public;
to make any cinematograph film or sound recording in respect of the work;
to make any translation of the work;
to make any adaptation of the work;
to do, in relation to a translation or an adaptation of the work, any of the acts
specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,(i)

(ii)

to do any of the acts specified in clause (a);

Or to sell or give on commercial rental or offer for sale or for commercial
rental any copy of the computer programme, Provided that such commercial
rental does not apply in respect of computer programmes where the
programme itself is not the essential object of the rental.

(c) in the case of an artistic work,(i)

to reproduce the work in any material form including depiction in three

dimensions of a two;
7

(ii)
(iii)
(iv)

dimensional work or in two dimensions of a three dimensional work;

to communicate the work to the public;
to issue copies of the work to the public not being copies already in
circulation;
(v)
to include the work in any cinematograph film;
(vi)
to make any adaptation of the work;
(vii) to do in relation to an adaptation of the work, any of the acts specified in
relation to the work in sub-clauses (i) to (iv);
(d) In the case of cinematograph film, (i)
(ii)
(iii)

to make a copy of the film, including a photograph of any image forming part
thereof;
to sell or give on hire, or offer for sale or hire, any copy of the film, regardless
of whether such copy has been sold or given on hire on earlier occasions;
to communicate the film to the public;

(e) In the case of sound recording, (i)

(ii)
(iii)

to make any other sound recording embodying it;

to sell or give on hire, or offer for sale or hire, any copy of the sound recording
regardless of whether such copy has been sold or given on hire on earlier
occasions;
To communicate the sound recording to the public.

Explanation: For the purposes of this section, a copy which has been sold once shall be
deemed to be a copy already in circulation.

Fig: - A copyright symbol used in copyright notice.

6. Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, usually known
as the Berne Convention, is an international agreement governing copyright, which was
first accepted in Berne, Switzerland, in 1886.

The Berne Convention formally mandated several aspects of modern copyright law; it
introduced the concept that a copyright exists the moment a work is "fixed", rather than
requiring registration. It also enforces a requirement that countries recognize copyrights
held by the citizens of all other signatory countries.
The Berne Convention requires its signatories to treat the copyright of works of authors
from other signatory countries (known as members of the Berne Union) at least as well
as those of its own nationals. For example, French copyright law applies to anything
published or performed in France, regardless of where it was originally created.
In addition to establishing a system of equal treatment that internationalized copyright
amongst signatories, the agreement also required member states to provide strong
minimum standards for copyright law.
Copyright under the Berne Convention must be automatic; it is prohibited to require
formal registration (note however that when the United States joined the Convention 1
March 1989, it continued to make statutory damages and attorney's fees only available
for registered works).
The protection of the Convention applies to nationals and residents of signatory
countries, and to works first published or simultaneously published (under Article 3(4),
"simultaneously" is defined as "within 30 days) in a signatory country. Under Article 4, it
also applies to cinematic works by persons who have their headquarters or habitual
residence in a signatory country, and to architectural works situated in a signatory
country.
Copyright term
The Berne Convention states that all works except photographic and cinematographic
shall be copyrighted for at least 50 years after the author's death, but parties are free to
provide longer terms, as the European Union did with the 1993 Directive on
harmonizing the term of copyright protection. For photography, the Berne Convention
sets a minimum term of 25 years from the year the photograph was created, and for
cinematography the minimum is 50 years after first showing, or 50 years after creation if
it hasn't been shown within 50 years after the creation. Countries under the older
revisions of the treaty may choose to provide their own protection terms, and certain
types of works (such as phone-records and motion pictures) may be provided shorter
terms.
If the author is unknown, because for example the author was deliberately anonymous
or worked under a pseudonym, the Convention provides for a term of 50 years after
publication ("after the work has been lawfully made available to the public"). However, if
9

the identity of the author becomes known, the copyright term for known authors
(50 years after death) applies.
Although the Berne Convention states that the copyright law of the country where
copyright is claimed shall be applied, Article 7(8) states that "unless the legislation of
that country otherwise provides, the term shall not exceed the term fixed in the country
of origin of the work", i.e., an author is normally not entitled a longer copyright abroad
than at home, even if the laws abroad give a longer term. This is commonly known as
"the rule of the shorter term". Not all countries have accepted this rule.
The regulations of the Berne Convention are incorporated into the World Trade
Organization's TRIPS agreement (1995), thus giving the Berne Convention effectively
near-global application. The 2002 WIPO Copyright Treaty enacted greater restrictions
on the use of technology to copy works in the nations that ratified it.
In all countries where the Berne Convention standards apply, copyright is automatic,
and need not be obtained through official registration with any government office. Once
an idea has been reduced to tangible form, for example by securing it in a fixed medium
(such as a drawing, sheet music, photograph, a videotape, or a computer file), the
copyright holder is entitled to enforce his or her exclusive rights.[12] However, while
registration isn't needed to exercise copyright, in jurisdictions where the laws provide for
registration, it serves as prima facie evidence of a valid copyright and enables the
copyright holder to seek statutory damages and attorney's fees. (In the USA, registering
after an infringement only enables one to receive actual damages and lost profits.)
Signatories of The Berne Convention
The following is a list of the countries that are signatories of the Berne Convention

Albania

Latvia

Algeria

Lebanon

Andorra

Lesotho

Antigua and Barbuda

Liberia

Argentina

Libyan Arab Jamahiriya

Armenia

Liechtenstein

10

Australia

Lithuania

Austria

Luxembourg

Azerbaijan

Macedonia

Bahamas

Madagascar

Bahrain

Malawi

Bangladesh

Malaysia

Barbados

Mali

Belarus

Malta

Belgium

Mauritania

Belize

Mauritius

Benin

Mexico

Bhutan

Micronesia

Bolivia

Moldova

Bosnia and Herzegovina

Monaco

Botswana

Mongolia

Brazil

Morocco

Brunei

Namibia

Bulgaria

Nepal

Burkina Faso

Netherlands

Cameroon

New Zealand

Canada

Nicaragua

11

Cape Verde

Niger

Central African Republic

Nigeria

Chad

Norway

Chile

Oman

China

Pakistan

Colombia

Panama

Comoros

Paraguay

Congo

Peru

Costa Rica

Philippines

Cote dIvoire

Poland

Croatia

Portugal

Cuba

Qatar

Cyprus

Romania

Czech Republic

Russian Federation

Denmark

Rwanda

Djibouti

Saint Kitts and Nevis

Dominica

Saint Lucia

Dominican Republic

Saint Vincent and Grenadines

Ecuador

Samoa

Egypt

Saudi Arabia

El Salvador

Senegal

12

Equatorial Guinea

Serbia and Montenegro

Estonia

Singapore

Fiji

Slovakia

Finland

Slovenia

France

South Africa

Gabon

Spain

Gambia

Sri Lanka

Georgia

Sudan

Germany

Suriname

Ghana

Swaziland

Greece

Sweden

Grenada

Switzerland

Guatemala

Syrian Arab Republic

Guinea

Tajikistan

Guinea-Bissau

Tanzania, United Republic of

Guyana

Thailand

Haiti

The former Yugoslav

Holy See

Togo

Honduras

Tonga

Hungary

Trinidad and Tobago

Iceland

Tunisia

13

India

Indonesia

Ireland

Israel

Ukraine

United Arab Emirates

United Kingdom

United States of America

Uruguay

Uzbekistan

Venezuela

Vietnam

Zambia

Zimbabwe

Japan

Kazakhstan

Jamaica

Jordan

Turkey

Italy

Kenya
Korea
Kyrgyzstan

7. International Copyright Laws

United States of America
Under US copyright law, legal protection attaches only to fixed representations in a
tangible medium. It is often shared among multiple authors, each of whom holds a set of
rights to use or license the work, and who are commonly referred to as rights holders.
These rights frequently include reproduction, control over derivative works, distribution,
public performance, and "moral rights" such as attribution.
Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the
creator's exclusivity of copyright and giving users certain rights. The development of
digital media and computer network technologies have prompted reinterpretation of
these exceptions, introduced new difficulties in enforcing copyright, and inspired
additional challenges to copyright law's philosophic basis. Simultaneously, businesses
with great economic dependence upon copyright, such as those in the music business,
14

have advocated the extension and expansion of copyright and sought additional legal
and technological enforcement.
Copyright Law of Pakistan
According to Copyright Ordinance, 1962, Pakistan copyright subsists in

literary works (including computer programmes; excluding speeches

dramatic works

musical works (i.e. any combination of melody and harmony or either of them,
produced or reproduced graphically)

records (i.e. any disc, tape, wire, perforated roll or other device in which sounds
are embodied)

artistic works (i.e. painting, sculpture, drawing, engraving or a photograph, an

architectural work of art and any other work of artistic craftsmanship)

cinematographic works

The first owner of copyright in general is the author. The owner of copyright may assign
the copyright or grant any interest in the copyright by license (s. 35). Licenses may also
be granted by the Copyright Board to republish a work withheld from the public (s. 36).
Registration of copyright with the Copyright Office is not obligatory, but if registration has
taken place the Register of Copyrights gives prima facie evidence of the particulars
entered therein

Copyright Law of Bangladesh

The basic legal instrument governing copyright law in Bangladesh is the Copyright Act,
2000.
It is largely based on Pakistan's Copyright Ordinance, 1962.

15

Objects of copyright
Copyright subsists in

literary works

dramatic works

musical works

artistic works (i.e. painting, sculpture, drawing, engraving or a photograph, a work

of architecture and any other work of artistic craftsmanship)

cinematographic films

sound recordings

And includes computer programmes as well as addresses and speeches.

Owner of copyright
The first owner of copyright in general is the author. The owner of copyright may assign
the copyright or grant any interest in the copyright by license . Licenses may also be
granted by the Copyright Board.
Registration of copyright with the Copyright Office is not obligatory, but if registration has
taken place the Register of Copyrights gives prima facie evidence of the particulars
entered therein (s. 60).

8. Term of copyright
Copyright in a literary, dramatic, musical or artistic work published within the life time of
the author subsists until 60 years from the beginning of the calendar year next following
the year in which the author dies ( p.m.a. ; s. 24).
Copyright in a cinematographic film; a sound recording, a photograph, a computer
program or a work of the Government, a local authority or an international organization
subsists until 60 years from the beginning of the calendar year next following the
publication of the work.

16

Copy right duration

Copyright subsists for a variety of lengths in different jurisdictions. The length of the
term can depend on several factors, including the type of work (e.g. musical
composition, novel), whether the work has been published, and whether the work was
created by an individual or a corporation. In most of the world, the default length of
copyright is the life of the author plus either 50 or 70 years. In the United States, the
term for most existing works is a fixed number of years after the date of creation or
publication. Under most countries' laws (for example, the United States and the United
Kingdom), copyrights expire at the end of the calendar year in question.
The length and requirements for copyright duration are subject to change by legislation,
and since the early 20th century there have been a number of adjustments made in
various countries, which can make determining the duration of a given copyright
somewhat difficult. For example, the United States used to require copyrights to be
renewed after 28 years to stay in force, and formerly required a copyright notice upon
first publication to gain coverage. In Italy and France, there were post-wartime
extensions that could increase the term by approximately 6 years in Italy and up to
about 14 in France. Many countries have extended the length of their copyright terms
(sometimes retroactively). International treaties establish minimum terms for copyrights,
but individual countries may enforce longer terms than those.
In the United States, all books and other works published before 1923 have expired
copyrights and are in the public domain. In addition, works published before 1964 that
did not have their copyrights renewed 28 years after first publication year also are in the
public domain. Hirtle points out that the great majority of these works (including 93% of
the books) were not renewed after 28 years and are in the public domain. Books
originally published outside the US by non-Americans are exempt from this renewal
requirement, if they are still under copyright in their home country.
But if the intended exploitation of the work includes publication (or distribution of
derivative work, such as a film based on a book protected by copyright) outside the
U.S., the terms of copyright around the world must be considered. If the author has
been dead more than 70 years, the work is in the public domain in most, but not all,
countries.
In 1998, the length of a copyright in the United States was increased by 20 years under
the Copyright Term Extension Act. This legislation was strongly promoted by
corporations which had valuable copyrights which otherwise would have expired, and
has been the subject of substantial criticism on this point.

17

9. Copyright infringement
For a work to be considered to infringe upon copyright, its use must have occurred in a
nation that has domestic copyright laws and/or adheres to a bilateral treaty or
established international convention such as the Berne Convention or WIPO Copyright
Treaty. Improper use of materials outside of legislation is deemed "unauthorized
edition", not copyright infringement.
Copyright infringement most often occurs to software, film and music. However,
infringement upon books and other text works remains common, especially for
educational reasons. Statistics regarding the effects of copyright infringement are
difficult to determine. Studies have attempted to determine whether there is a monetary
loss for industries affected by copyright infringement by predicting what portion of
pirated works would have been formally purchased if they had not been freely available.
Other reports indicate that copyright infringement does not have an adverse effect on
the entertainment industry, and can have a positive effect. In particular, a 2014
university study concluded that free music content, accessed on YouTube, does not
necessarily hurt sales, and instead has the potential to increase sales.

10.

Transfer, licensing and assignment

A copyright, or aspects of it, may be assigned or transferred from one party to another.
For example, a musician who records an album will often sign an agreement with a
record company in which the musician agrees to transfer all copyright in the recordings
in exchange for royalties and other considerations. The creator (and original copyright
holder) benefits, or expects to, from production and marketing capabilities far beyond
those of the author. In the digital age of music, music may be copied and distributed at
minimal cost through the Internet, however the record industry attempts to provide
promotion and marketing for the artist and his or her work so it can reach a much larger
audience. A copyright holder need not transfer all rights completely, though many
publishers will insist. Some of the rights may be transferred, or else the copyright holder
may grant another party a non-exclusive license to copy and/or distribute the work in a
particular region or for a specified period of time.
18

A transfer or license may have to meet particular formal requirements in order to be

effective, for example under the Australian Copyright Act 1968 the copyright itself must
be expressly transferred in writing. Under the U.S. Copyright Act, a transfer of
ownership in copyright must be memorialized in a writing signed by the transferor. For
that purpose, ownership in copyright includes exclusive licenses of rights. Thus
exclusive licenses, to be effective, must be granted in a written instrument signed by the
grantor. No special form of transfer or grant is required. A simple document that
identifies the work involved and the rights being granted is sufficient. Non-exclusive
grants (often called non-exclusive licenses) need not be in writing under U.S. law. They
can be oral or even implied by the behavior of the parties. Transfers of copyright
ownership, including exclusive licenses, may and should be recorded in the U.S.
Copyright Office. (Information on recording transfers is available on the Office's web
site.) While recording is not required to make the grant effective, it offers important
benefits, much like those obtained by recording a deed in a real estate transaction.
Copyright may also be licensed. Some jurisdictions may provide that certain classes of
copyrighted works be made available under a prescribed statutory license (e.g. musical
works in the United States used for radio broadcast or performance). This is also called
a compulsory license, because under this scheme, anyone who wishes to copy a
covered work does not need the permission of the copyright holder, but instead merely
files the proper notice and pays a set fee established by statute (or by an agency
decision under statutory guidance) for every copy made. Failure to follow the proper
procedures would place the copier at risk of an infringement suit. Because of the
difficulty of following every individual work, copyright collectives or collecting societies
and performing rights organizations have been formed to collect royalties for hundreds
(thousands and more) works at once. Though this market solution bypasses the
statutory license, the availability of the statutory fee still helps dictate the price per work
collective rights organizations charge, driving it down to what avoidance of procedural
hassle would justify.

11.

Fair use and Fair dealing

Copyright does not prohibit all copying or replication. In the United States, the fair use
doctrine, codified by the Copyright Act of 1976, permits some copying and distribution
without permission of the copyright holder or payment to same. The statute does not
clearly define fair use, but instead gives four non-exclusive factors to consider in a fair
use analysis. Those factors are:
1. the purpose and character of one's use
19

2. the nature of the copyrighted work

3. what amount and proportion of the whole work was taken,
4. And the effect of the use upon the potential market for or value of the copyrighted
work.
In the United Kingdom and many other Commonwealth countries, a similar notion of fair
dealing was established by the courts or through legislation. The concept is sometimes
not well defined; however in Canada, private copying for personal use has been
expressly permitted by statute since 1999. In Alberta (Education) v. Canadian Copyright
Licensing Agency (Access Copyright), 2012 SCC 37, the Supreme Court of Canada
concluded that limited copying for educational purposes could also be justified under the
fair dealing exemption. In Australia, the fair dealing exceptions under the Copyright Act
1968 (Cth) are a limited set of circumstances under which copyrighted material can be
legally copied or adapted without the copyright holder's consent. Fair dealing uses are
research and study; review and critique; news reportage and the giving of professional
advice (i.e. legal advice). Under current Australian law it is still a breach of copyright to
copy, reproduce or adapt copyright material for personal or private use without
permission from the copyright owner. Other technical exemptions from infringement may
also apply, such as the temporary reproduction of a work in machine readable form for a
computer.
In the United States the AHRA (Audio Home Recording Act Codified in Section 10,
1992) prohibits action against consumers making noncommercial recordings of music,
in return for royalties on both media and devices plus mandatory copy-control
mechanisms on recorders.
Section 1008. Prohibition on certain infringement actions
No action may be brought under this title alleging infringement of copyright based
on the manufacture, importation, or distribution of a digital audio recording
device, a digital audio recording medium, an analog recording device, or an
analog recording medium, or based on the noncommercial use by a consumer of
such a device or medium for making digital musical recordings or analog musical
recordings.
Later acts amended US Copyright law so that for certain purposes making 10 copies or
more is construed to be commercial, but there is no general rule permitting such
copying. Indeed, making one complete copy of a work, or in many cases using a portion
of it, for commercial purposes will not be considered fair use. The Digital Millennium
Copyright Act prohibits the manufacture, importation, or distribution of devices whose
20

intended use, or only significant commercial use, is to bypass an access or copy control
put in place by a copyright owner. An appellate court has held that fair use is not a
defense to engaging in such distribution.
The copyright directive allows EU member states to implement a set of exceptions to
copyright. Examples of those exceptions are:

photographic reproductions on paper or any similar medium of works (excluding

sheet music) provided that the right holders receives fair compensation,

reproduction made by libraries, educational establishments, museums or

archives, which are non-commercial

archival reproductions of broadcasts,

uses for the benefit of people with a disability,

for demonstration or repair of equipment,

for non-commercial research or private study

when used in parody

It is legal in several countries including the United Kingdom and the United States to
produce alternative versions (for example, in large print or braille) of a copyrighted work
to provide improved access to a work for blind and visually impaired persons without
permission from the copyright holder.

21

S. No.
1
2
3
4

Name
Rahul Aggarwal
Rajeev Nayan Jha
Rajinder Kumar Sharma
Reena Prasad

Roll No.
WMP11035
WMP11036
WMP11037
WMP11038

22

Email ID
wmp11035@iiml.ac.in
wmp11036@iiml.ac.in
wmp11037@iiml.ac.in
wmp11038@iiml.ac.in