Copyright

Group 3
Chintan Devendra Dipesh Jashna Jinal Manasi Meghana Nirbhay Priyanka Saiyati

INTELLECTUAL PROPERTY RIGHTS

Rights in Intellectual pursuits Various kinds of expression of the human intellectual is in the field of art, literature, music, films and broadcasts Have become important with the globalization

TRADE RELATED INTELLECTUAL PROPERTY RIGHTS

The latest GATT round was Uruguay round The protection given by the countries to intellectual property varied widely The agreement covered patents, copyrights, trademarks, designs and geographical indications

COPYRIGHT

GEOGRAPHICAL INDICATION

PATENTS

TRADEMARK

DESIGN

World Intellectual Property Rights

Developing a balanced and accessible international intellectual property (IP) system Helps in protecting rights of creators and owners Currently 184 Member States Developing international IP laws and standards Encouraging the use of IP for economic development Providing a forum for debate

National Intellectual Property Organization

Umbrella initiative destined to put India on the map of intellectual superpowers
Association of creators, users and owners of Intellectual Property in India

Customized corporate services IN related areas such as anti-dumping, anti-competition, IP audits

Catalyzes awareness about the rights of intellectual property (IP) owners and regulates through by-laws

 Carries out Research and Development activities for development and protection of IPRs DIPP is the nodal Department for WIPO matters in India Works towards creating awareness regarding IPRs by working closely with organisations such as WIPO

COPYRIGHT ACT, 1957

Came into effect from January 1958 Earlier governed by the Copyright Act of 1914 Compliant with most international conventions and treaties in the field of copyrights

Literary work Dramatic work

Record

Works which can be copyrighted

Film Musical work Artistic work

LITERARY WORK
Hypothetical example: CASELET:

A Novelist and stranded passenger at an airport

Just Dial and Askme.com

MUSICAL WORK
Plaintiff: Saregama India Ltd and Bappi Lahiri. Defendant : Dr Dre (Interscope Records, Universal Music )

ARTISTIC WORK
This is an officially licensed image of Warner Bros. Studios. Using this image in your book without acquiring the proper permission would be copyright infringement.

This image, although not an exact copy of the Warner Bros. version, is still close enough to the original to cause confusion. Its use would probably be considered copyright infringement.

This image, which is dissimilar enough not to be mistaken for Bugs Bunny, would be safe to use in your yearbook without contacting Warner Bros. for permission.

FILM
DON 2

Dramatic work
An opera would be a dramatic work. whereas a novel would not.The opera is intended to be performed on stage with the singers playing the role of characters.

Adaptation
The act or process of modifying an object to render it suitable for a particular or new purpose or situation

Adaptation with respect to: Dramatic work Literary work Musical work Any work

Classic Adaptations

Owner of Copyright
Sr No. 1. 2. Type of Work Any Creative Expression Work for a Consideration/Commissioned work Ownership Creator of Work/Author Person who paid for it/Employer

3. 4. 5.

Film/Musical work (done by a group of Need to be specified by people) law Under a contract of service or apprenticeship Person commissions another to take a photograph, draw a painting, make a portrait or a film Musical Employer Person Commissioning the work

6.

Composer

 Sr No. 7. 8. Type of work Ownership

Cinematograph film and sound recording Computer related

Producer is the author

One who pays for it (amendment) Person who causes the work to be created
Person Commissioning the work Employer/Company

9.

10.

11.

Any literary, dramatic, musical or artistic work which is computer generated Creation by an author at the instance of another person for a valuable consideration Computer software/ web page developed by an employee

Territorial Limitations

The work is first published in India The work is first published outside India, but the author is a citizen of India In case of unpublished work, the author is, at the date of making the work, a citizen of India or domiciled in India In case of an architectural work of art, the work is located in India

Exclusive Rights of a Copyright owner

Can reproduce the work in any material form, including its storing in an electronic medium Can publish the work Can perform the work in public Can make any cinematographic film or a record Can make any translation or adaptation of the work

Activities which are not copyright violations

For the purpose of private use, research, criticism or review Reporting current events in a Newspaper Magazine Broadcast Cinematograph film By means of photographs

 Reproduction of work For the purpose of the state or the functioning of the law For educational purposes By a teacher or pupil in the course of instruction For reading or recitation in public On current economic, political, social or religious matters in newspapers, magazines

 Making of up to three copies of a book for a public library Publication of Any matter in official gazettes, including acts enacted by the parliament or state legislature Of any Committee, commission, council appointed by the legislature Of any judgment or order of a court, tribunal or other judicial authority

In relation to computer related copyrights

The making of copies or adoption of a computer program by the lawful possessor to protect against loss of the original to do the observation, study or test of functioning of the computer program from a personally legally obtained copy, for non-commercial personal use.

Duration of Copyright Protection

For literary, dramatic, musical or artistic work, when published during lifetime For literary, dramatic, musical or artistic work which is anonymous

For photograph and films

Registration of Copyright

Person becomes the owner as soon as he produces the work Certificate becomes necessary incase of disputes The office of the Registrar of Copyrights The register of copyrights is maintained in the copyright office of the Department of Education All details to be disclosed as per the prescribed rules Registrar examines the application and issues the certificate

Copyright Infringement
Unauthorized and prohibited use of work under copyright in manner that it violated one copyrights owner exclusive right Person knowing that a copyright is being infringed, permits for profits, the use of a place for communication of the copyrighted work, to the public, also violates the act Any person who commercially deals in, by selling, hiring, or importing, any work which is infringement of a copyright, is also the violator of the law Act provides for civil as well as criminal liability

 Imprisonment not less than 6 month, may be extended to 3 years. Fine of not less than Rs 50,000/- which may be extended to Rs 2,00,000 A person using a computer program, knowing the program infringes a copyright will be punishable with imprisonment for a term not less than seven days, but which may extend for up to 3 years

CASELET
Angelina Jolie sued for copyright infringement Plaintiff:James J. Braddock Defendant: Angelina jolie,G.K films

COPYLEFT

Copyleft is a general method for making a program (or other work) free, and requiring all modified and extended versions of the program to be free as well
Copyright law is used by an author to prohibit others from reproducing. In contrast, under copyleft an author may give every person who receives a copy of a work permission to reproduce, adapt or distribute it

The purpose of copyleft is to permanently minimize the restrictions on a work that are imposed under the existing system of IPR

Types Of Copyleft

Strong and weak Full and Partial Share-alike

CASE STUDY

Rock n Roll in Bangladesh: Protecting Intellectual Property Rights in Music

Conclusion
Fair dealing to some extent seeks to limit the exclusive rights of the owner Alarming rise in online piracy in India including over eBay Software piracy Most state governments have not been successful in enforcing and implementing Long drawn litigation process

Recommendations
Copyright registration should be encouraged The software copyright holders should adopt a software license system NASSCOM along with copyright office should create copyright awareness and promote anti-piracy campaign Video cassettes and cassettes should carry necessary details mentioned in Section 52A(2) Copyright clearance centre(CCC) to control book piracy through photocopying Government should consider to bring all departments/bodies looking after IPR matters under one umbrella