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COPYRIGHT AS A PART OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO SOME CLAUSES IN TRIPS

COPYRIGHT AS A PART OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO SOME CLAUSES IN TRIPS

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Copyright Copyright Presentation Transcript

  • COPYRIGHT AS A PART OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO SOME CLAUSES IN TRIPS
  • INDEX SR. NO CONTENT 1 Introduction 2 History 3 Importance of IPR 4 WIPO & NIPO 5 Copyright 6 Copyright Society 7 Copyright Infringement and its remedies 8 Comparison between India and Brazil 9 Copyleft 10 Statistical Data 11 Case study
  • INTRODUCTION Intellectual property is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. View slide
  • Intellectual Property Rights Intellectual property rights are the rights given the creator an exclusive right over the use of his/her creation for a certain period of time. Intellectual property rights are customarily divided into two main areas: • Protection of distinctive signs and geographical understanding • Industrial Property View slide
  • HISTORY Modern copyright law developed in India gradually, in what we may identify roughly as three distinct phases spanning more than 150 years: • Phase I- East India Company Statute • Phase II- Copyright Act 1914 • Phase III- Post Independence
  • TRIPS Agreement The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members
  • Main features of the agreement • Standards • Enforcement • Dispute settlement
  • Types of Intellectual Property Rights • Copyright • Trademarks • Patents • Industrial design rights • Trade dress • Trade secrets
  • RIGHTS RELATED TO COPYRIGHT Related rights have been granted to three categories of beneficiaries: • Performers • Producers of phonograms • Broadcasting organizations.
  • WIPO World intellectual property organization • It is the United Nations agency dedicated to the use of intellectual property. • Their mission is to lead the development of a balanced and effective international intellectual property system that enables innovation and creativity for the benefit of all.
  • WIPO's Strategic Goals • Balanced Evolution of the International Normative Framework for IP • Provision of Premier Global IP Services • Facilitating the Use of IP for Development • Coordination and Development of Global IP Infrastructure • World Reference Source for IP Information and Analysis • International Cooperation on Building Respect for IP • Addressing IP in Relation to Global Policy Issues • A Responsive Communications Interface between WIPO, its Member States and All Stakeholders
  • NIPO national intellectual property organization • It is an initiative destined to put India on the map of intellectual superpowers. • It includes  Developing policy initiatives in the area of IP  Mobilizing the use of IP for economic and social development  Provides all stakeholders a strong voice on IP matters.
  • Mission and Objectives of NIPO • Catalyzes awareness about the rights of intellectual property owners • Promotes development of infrastructural facilities for registration of intellectual property • Carries out Research and Development activities for development and protection of IPR’s. • Conducts training and capacity building activities for corporate and government personnel
  • COPYRIGHT • A copyright gives the creator of original work exclusive rights to it, usually for a limited time. • Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". • It includes  poems,  plays and other literary works,  musical compositions, sound recordings,  computer software, radio and television broadcasts, and industrial designs.
  • COPYRIGHT ACT, 1957 • Copyright Act refers to laws that regulate the use of the work of a creator, such as an artist or author. • This includes copying, distributing, altering and displaying creative, literary and other types of work. Unless otherwise stated in a contract, the author or creator of a work retains the copyright. • Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information.
  • NEED FOR COPYRIGHT • It gives you the exclusive right to reproduce or copy the work or change its form. • Registration informs the world that you own the work • If you succeed in an infringement suit, you are entitled to money damages.
  • Indian perspective on Copyright Protection The Copyright Act, 1957 provides copyright protection in India. It confers copyright protection in the following two forms: (a) Economic rights of the author (b) Moral Rights of the author (i) Right of Paternity (ii) Right of Integrity
  • Registration of Copyright
  • TERM OF COPYRIGHT • It varies according to the nature of work - 60 years, in India.  literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus 60 years.  In the case of photographs, cinematograph films and sounds recordings; the term is 60 years from the date of publication.  When the first owner of copyright is the government or a public undertaking, the term of copyright is 60 years from the date of publication.
  • Administration of Copyright Law • Copyright Society • Tariff Scheme of copyright societies • Fair use Provisions • Fair use in digital works • Notice and take down procedures • Special Provisions for Access to the disabled • Fair use rights to the disabled
  • COPYRIGHT SOCIETY • A copyright society is a registered collective administration society formed by copyright owners. • Minimum membership required for registration of a society is 7.
  • FUNCTIONS OF A COPYRIGHT SOCIETY A copyright society may – • Issue licenses in respect of the rights administered by the society. • Collect fees in pursuance of such licenses. • Distribute such fees among owners of copyright after making deductions for the administrative expenses.
  • COPYRIGHT IN THE DIGITAL WORLD • Copyright gives the people involved in creating music various rights over the copying, distribution, performance and internet transmission of their music. • Uploading & downloading of music to & from the internet is an infringement of copyright if done without the rights owners' permission.
  • COPYRIGHT INFRINGEMENT Copyright infringement is the use of works under copyright, infringing the copyright holder's exclusive rights without permission from the copyright holder. Eg: Making infringing copies for sale or hire Distributing infringing copies for the purpose of trade
  • COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED • The Right to Reproduce the Work. • The Right to Derivative Works • The Right to Distribution • The Public Display Right • The Public Performance Right
  • EXCEPTIONS TO COPYRIGHT INFRINGEMENT • Reproduction for use in judicial proceedings • Publication of short passages for educational purposes. • Playing of records or performance by a club or society for the benefit of the members of religious institutions • Making of a drawing, engraving or photograph of an architectural work of art, or a sculpture kept in a public place
  • Remedies against Infringement • Civil Remedies • Criminal Remedies • Administrative Remedies
  • Comparison of Indian copyright act with Brazil AREAS OF CONCERN INDIA BRAZIL What is the general scheme of exceptions from copyright protection? Specific categories operating under an umbrella of a general doctrine (fair dealing) One general doctrine without specific categories (fair use) Do licensing agreements need to be in writing to be valid? YES, the licensee has no right to use works unless the license is in writing NO, it is only a matter of evidence Can a license be granted with respect to unspecified works that may be created in the future? YES, it is possible to license all future works NO, the works must be sufficiently described for the license to take effect
  • Comparison of Indian copyright act with Brazil AREAS OF CONCERN INDIA BRAZIL Can a license be granted with respect to ALL works (without a specific list of these works)? YES, in this case all works in which licensor owns copyright will be licensed to the licensee NO, the works must be sufficiently described for the license to take effect Can a license be granted for free? NO, there must be some remuneration YES, as long as the agreement is voluntary Do assignment agreements need to be in writing to be valid? YES, the assignee has no right to use works unless it the assignment is in writing NO, it is only a matter of evidence Can moral rights be waived? YES, while moral rights cannot be assigned, they CAN be waived NO, moral rights are inalienable: they cannot be assigned and they cannot be waived
  • COPYLEFT An arrangement whereby software or artistic work may be used, modified, and distributed freely on condition that anything derived from it, is bound by the same conditions
  • FREEDOMS GIVEN IN COPYLEFT • Freedom 0 – the freedom to use the work • Freedom 1 – the freedom to study the work • Freedom 2 – the freedom to copy and share the work with others • Freedom 3 – the freedom to modify the work, and the freedom to distribute modified and therefore derivative works.
  • TYPES OF COPYLEFT 1. Strong and weak 2. Full and Partial 3. Share - alike
  • STATISTICAL DATA
  • CASE STUDY Case of copyright infringement by Zee Khana Khazana
  • CASE STUDY Writers express disappointment over Zanjeer Remake
  • CASE STUDY Yahoo Sued by T Series for Copyright Infringment
  • CASE STUDY India TV wins case against Yash Raj Films
  • Conclusion • The Indian Copyright Act was enacted with a motive of protecting the rights of the original authors. It aimed to encourage and provide incentive to create original works. • 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. • Copyright law confers exclusive right to performers like actors, musicians, jugglers, snake charmers, etc. to do certain acts. These rights conferred on the performers are a positive step in encouraging their creativity
  • BIBLIOGRAPHY • http://www.nipo.in/ • http://www.wipo.int • http://www.socialsamosa.com/2012/03/case-of-copyright- infringement-by-zee-khana-khazana/ • http://www.ip-watch.org/category/copyright-policy • http://www.go-gulf.com/blog/online-piracy/ • http://www.archiving-performance.org/ • www.copyright.gov.in • http://en.wikipedia.org/wiki/TRIPS_Agreement