INTRODUCTION TO
COPYRIGHT IN INDIA
By Veeral Bhateja
Contact me : +91-8741810758
Structure of the Presentation
Three parts
(1) Copyright in India
(2) Infringement of Copyright
(3) Case Study: Apple VS Sa...
What is Copyright?


“The exclusive right given by law for a
certain term of years to an author,
composer etc. (or his as...
Why Copyright?


Fair Play: Reward creative efforts. “Thou shall
not steal”



Exclusive rights for limited
time →preven...
England & Wales


Indian copyright law similar to England &
Wales. First Copyright Act in England (and
the world)



170...
Indian Perspectives
The Copyright Act 1957
Copyright in India


First Act in 1914, followed by the Copyright
Act 1957.
1957 Act: adopted many English
provisions, in...
Copyright Act 1957 – Main
Features


Valid from 21 January 1958



Created Copyright Office and Copyright
Board



Intr...
Copyright Act 1957 – Main
Features (II)




Performing rights societies (rights for
instance, music royalties)
Definitio...
Copyright (Amendment) Act
1983 and 1984
Objectives
 Berne and Universal Copyright
Conventions  grant of compulsory
licen...
Copyright (Amendment) Act
1992


Defined ambit of the Copyright Board’s
powers



Introducing special
rights for perform...
What Copyright Protects





Original Literary, Dramatic, Musical and
Artistic Works
Cinematograph Films
Sound Recordin...
Literary Works






Novels, poems, short stories
Books on any subject
Computer programmes,
tables, computer
databases...
Computer Software
Includes
 Programme Manuals
 Punched Cards
 Magnetic Tapes/Discs
 Computer printouts
 Computer prog...
Infringement of Copyright
When (Copy)right becomes wrong
Statutory Definition


Copyright Act 1957



Infringement: exercising rights of the
copyright owner



Making, distribu...
Factors Determining
Infringement
Copying
 Causal Connection
 Subconscious Copying
 Indirect Copying
Substantial Taking
...
Apple VS Samsung
This case was filed on April 15 2011
Case Highlights
Apple sued its component supplier Samsung, alleging in a
38-page federal complaint on April 15, 2011 in th...
Final Verdict
As a result of the combination of a sophisticated jury that
understood the nuances of intellectual property ...
Copyright in india
Upcoming SlideShare
Loading in...5
×

Copyright in india

1,985

Published on

Copyright Acts in india

Published in: Education
0 Comments
3 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
1,985
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
0
Comments
0
Likes
3
Embeds 0
No embeds

No notes for slide

Copyright in india

  1. 1. INTRODUCTION TO COPYRIGHT IN INDIA By Veeral Bhateja Contact me : +91-8741810758
  2. 2. Structure of the Presentation Three parts (1) Copyright in India (2) Infringement of Copyright (3) Case Study: Apple VS Samsung
  3. 3. What is Copyright?  “The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” (Oxford English Dictionary)
  4. 4. Why Copyright?  Fair Play: Reward creative efforts. “Thou shall not steal”  Exclusive rights for limited time →prevent copying or reproduction  Copyright is necessary → encourage dissemination of copyrighted works = public interest
  5. 5. England & Wales  Indian copyright law similar to England & Wales. First Copyright Act in England (and the world)  1709 → Statute of Anne.
  6. 6. Indian Perspectives The Copyright Act 1957
  7. 7. Copyright in India  First Act in 1914, followed by the Copyright Act 1957. 1957 Act: adopted many English provisions, introduced new ideas and concepts. 
  8. 8. Copyright Act 1957 – Main Features  Valid from 21 January 1958  Created Copyright Office and Copyright Board  Introduced civil and criminal remedies against infringement
  9. 9. Copyright Act 1957 – Main Features (II)   Performing rights societies (rights for instance, music royalties) Definition of categories in which copyright actually subsists  International copyright  Definition of infringement
  10. 10. Copyright (Amendment) Act 1983 and 1984 Objectives  Berne and Universal Copyright Conventions  grant of compulsory licenses by developing countries  1984 Act: discouraging and preventing widespread video piracy.
  11. 11. Copyright (Amendment) Act 1992  Defined ambit of the Copyright Board’s powers  Introducing special rights for performers  Assignment and licenses of copyright Rights of copyright owners 
  12. 12. What Copyright Protects    Original Literary, Dramatic, Musical and Artistic Works Cinematograph Films Sound Recordings
  13. 13. Literary Works     Novels, poems, short stories Books on any subject Computer programmes, tables, computer databases Song lyrics
  14. 14. Computer Software Includes  Programme Manuals  Punched Cards  Magnetic Tapes/Discs  Computer printouts  Computer programmes
  15. 15. Infringement of Copyright When (Copy)right becomes wrong
  16. 16. Statutory Definition  Copyright Act 1957  Infringement: exercising rights of the copyright owner  Making, distributing, exhibiting and importing infringing copies of the work
  17. 17. Factors Determining Infringement Copying  Causal Connection  Subconscious Copying  Indirect Copying Substantial Taking  Unaltered copying  Extent of defendant’s alteration  Character of Plaintiff’s and Defendant’s works  Nature and Extent of Plaintiff’s Effort
  18. 18. Apple VS Samsung This case was filed on April 15 2011
  19. 19. Case Highlights Apple sued its component supplier Samsung, alleging in a 38-page federal complaint on April 15, 2011 in the United States District Court for the Northern District of California that several of Samsung's Android phones and tablets, including the Nexus S, Epic 4G, Galaxy S 4G and the Samsung Galaxy Tab, infringed on Apple’s intellectual property: its patents, trademarks, user interface and style. Apple's complaint included specific federal claims for patent infringement, false designation of origin, unfair competition, and trademark infringement, as well as state-level claims for unfair competition, common law trademark infringement, and unjust enrichment.
  20. 20. Final Verdict As a result of the combination of a sophisticated jury that understood the nuances of intellectual property law and abundant evidence of copying by Samsung, Apple was awarded $1.049 billion in its patent infringement lawsuit on Aug. 24, 2012. The jury was apparently swayed by evidence that Samsung had copied Apple’s iPhone models that led to a jury verdict that six Apple patents were found to be infringed.

×