copy right law, act etc.

1. Presentation on “Copyright”
AMRIT KUMAR NAYAK
19MSCGPB056
DEPT. OF GENETICS AND PLANT
BREEDING
DR.MANISHA SRIVASTAVA
HEAD OF DEPT,
LIBRARY AND INFORMATION
SCIENCES
SUBMITTED TO:-
PRESENTATION BY:-

2. COPYRIGHT
• Copyright is a legal concept, enacted by most
governments. A copyright is a law that gives the
owner of a written document, musical
composition, book, picture, or other creative
work, the right to decide what other people can
do with it.
• Copyright laws make it easier for authors to
makemoney by selling their works. Because of
copyright, a work can only be copied if the
owner of the copyright gives permission.

3. Definition of copyright
• According to Eric Miller, “Copyright 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.”
• According to Harrods Librarians Glossary, copyright is,
"A procedure whereby the originator of a piece of
intellectual Property (book, article, piece of music, etc.)
acquires a series of rights over the work created, including
copying, publishing, performing, Broadcasting and
adaptation.”

4. WHY COPYRIGHT IS IMPORTANT
• Objective of copyright is to promote the public
good by encouraging and fostering cultural and
scientific activity.
• To protect valuable indigenous cultures,
ensuring their vibrant and individual national
cultural expression continues.
• The existence of strong and enforceable
copyright laws is also a necessary precursor to
participation in the global economic community,
bringing particular benefits to the economies of
developing countries.

5. THREE PILLARS OF THE COPYRIGHT SYSTEM
• LEGISLATION
• ENFORCEMENT OF COPYRIGHT
• MANAGEMENT OF COPYRIGHT

6. LEGISLATION
• INTERNATIONAL COPYRIGHT CONVENTIONS-
 Consistency in copyright law between different
countries is maintained through international treaties.
 These treaties set out the basic standards of copyright
protection.
 Each country that chooses to become part of the
system then develops national laws based on those
standards of copyright protection.
 The minimum standards of copyright protection are
contained in the Berne Convention, which was
developed in 1886.

7. LEGISLATION (Contd…)
•NATIONAL LEGISLATIONS
 National legislators translate terms of
international treaties into national law.
 An overriding consideration is that the national
legislation must be in harmony with the norms of
the international convention.
 However, within these parameters it is open to
the national legislators to provide exceptions to
copyright and to establish the systems necessary
for the collective management of copyright.

8. ENFORCEMENT OF COPYRIGHT
• By enforcement it mean the ability of copyright
owners to enforce their rights, through the legal
system and also through administrative systems,
such as customs.
• Enforcement is supported by raising public
awareness of copyright issues, and by more
specific training of judicial and policing staff in
relation to copyright.
• A critical element in establishing effective
enforcement systems is education – education of
those in society, generally to understand the
importance of copyright.

9. MANAGEMENT OF THE COPYRIGHT
• Copyright can be managed individually or collectively.
• The circumstances where collective administration is
preferable to individual administration are typically when
there are:
 large numbers of low value uses of copyright material;
 a potentially large pool of users in a wide geographic
area.
• In these mass usage situations, collective management of
copyright either through a statutory or a voluntary license
can be a solution for both the copyright users and
copyright owners.
• In relation to individual management of rights, other legal
aspects, such as laws relating to contracts, and the judicial
system need to be fully functional.

10. WORKS PROTECTED BY COPYRIGHT
• Literary or dramatic
work
• A musical work
• An artistic work
• A cinematograph film
• A sound recording
• A photograph
• A computer generated
work

11. THE RIGHTS OF THE COPYRIGHT OWNER
• Economic Rights:-
Several exclusive rights typically attach to the holder
of a copyright:-
to produce copies or reproductions of the work
and to sell those copies (including, typically,
electronic copies).
to import or export the work.
to create derivative works (works that adapt the
original work).
to perform or display the work publicly.
to sell or assign these rights to others.
to transmit or display by radio or video.

12. THE RIGHTS OF THE COPYRIGHT OWNER
Moral rights:-
protects the honor and reputation of creators. The rationale
for moral rights is that creative material is an emanation or
extension of the creator's personality and what is done with
their copyright works may affect their standing and
reputation. Moral rights provide an ongoing connection
between the individual creator and his/her audience. The
Berne convention grants following rights:-
(i) Right of paternity
to claim authorship of work and to prevent all others from
claiming authorship of his work.
(ii) Right of integrity.
to prevent distortion, mutilation or other alterations of his
work, or any other action in relation to said work, which
would be prejudicial to his honour or reputation.

13. DURATION OF COPYRIGHT
• Copyright laws provide for a period of time during
which the rights of the copyright owner exist and may
be exploited.
• The period or duration of copyright begins from the
moment the work is created or, under some national
laws, when it is expressed or “fixed” in tangible form.
• Generally copyright lasts for Life + 60 years in India.
• The purpose of this provision in the law is to enable the
author’s successors to benefit economically from
exploitation of the work even after the author’s death.
• Works that are no longer subject to copyright
protection enter the public domain.

14. DURATION OF COPYRIGHTS (Contd..)
Work Life
Original literary, dramatic, musical and
artistic works
60-year from the year following the death
of the author. In case of joint authorship,
the date has reference to author who dies
last.
Posthumous Work 60 years from the date of demise of the
owner
Anonymous and pseudonymous
publications
60 years from beginning of the calendar
year following the year of publication.
Photographs 60 years from the beginning of the
calendar year next following the year in
which the photograph is published
Work of Government, Public undertaking
and International Organisation
60 years from the year next to the year of
publication

15. OWNERSHIP OF COPYRIGHT
The general rule is that the first owner of copyright is the creator, the author or
artist whose creative ideas are expressed in the work. Someone who acts as a
mere scribe, taking down dictation does not qualify as an author.
Different types of ownership are:-
1. Beneficial Ownership-
• Anyone who owns one of the exclusive rights that are part of a copyright is
legally entitled to sue for invasion of that particular right.
• The copyright law also grants permits to beneficial owners of the copyright,
that is, authors who have assigned their copyright in return for a continuing
royalty interest.
2. Joint works- If more than one individual created the work, the law will treat
them as joint creators. The Copyright Act defines a joint work as one in
which the various authors’ contributions are created with the intent that
they be merged into a single work.
3. Works made for Hire- If the creator of the work is an employee and creating
the work is part of her job, then the copyright automatically belongs to her
employer. The law considers employers to be the “authors” of employee
created works, which are called “works made for hire.”

16. USE OF THE SYMBOL
• Anyone who claims copyrights in a work can
use copyright notice to alert the public of the
claim.
• It is not necessary to have a registration to
use the designations though it is highly
advisable to incorporate a copyright notice
like the symbol letter "c" in a circle or the
word "Copyright" followed by name of
copyright owner and year of first publication.
• For example, © HAU. Intellectual Property
Rights: Policy and Regulations, 2007.

17. Assignment of Copyright
• The owner of the copyright may assign to any
person the copyright either wholly or partially.
• Duration of assignment, in case of default-
5 years
• The moral rights are independent of the
author’s copyright and remains with him even
after assignment of the copyright.

18. Requirements for a valid assignment
• It must be in writing.
• It should be signed by the Assignor.
• The copyrighted work must be identified and must specify the rights
assigned.
• It should have the terms regarding revision, royalty and termination.
• It should specify the amount of royalty payable, if any, to the author or his
legal heirs.
• In the event the Assignee does not exercise the rights assigned to him
within a period of one year, the assignment in respect of such rights is
deemed to have lapsed unless otherwise specified in the Agreement.
• If the period of assignment is not stated, it is deemed to be five years from
the date of assignment, and if no geographical limits are specified, it shall
be presumed to extend within India.
• If the territorial extent of assignment of the rights is not specified, it shall
be presumed to extend within the whole of India.

19. COPYRIGHT INFRINGEMENT
• Copying or using the work of another creator,
without his prior permission
• Acts resulting infringement:
 Making infringing copies for sale or hire;
 Permitting any place where performance
constitutes infringement of copyright;
 Distributing infringing copies for the purpose of
trade;
 Public exhibition of infringing copies by way of
trade; and
 Importation of infringing copies.

20. Acts which may not amount to Infringement
• Fair dealing such as criticisms, personal use, newspaper report,
review etc.
• Adaptation of Computer Program
• Judicial Proceedings
• Exclusive work of member of House of Legislature
• Non-Corporate matter for institution purpose
• Question Papers
• Non-paying Audience
• Issue being Current Topic such as economic, social, political Etc.
• Made less than 3 copies
• Research or Private study
• Available in Official Gazette.
• Report of committee or Commission
• After the expiry of Copyright.

21. Remedies for Copyright Infringement
Remedies for
copyright
infringement
Civil Criminal Administrative

22. Civil remedies
• The most importance civil remedy is the grant of
interlocutory injunction since most actions start with
an application for some interlocutory relief and in most
cases the matter never goes beyond the interlocutory
stage.
Civil remedies
 Injunction
 Damages
 Accounts
 Delivery of infringing copy
 Damages for conversion
• Jurisdiction in District Court

23. Criminal Remedies
• imprisonment of the infringer
ranging 6 months to 3 years.
• The infringing copies seized.
• Fine of Rs.50,000/- to Rs. 2 lakhs.

24. Admimistrative remedies
• An application can be made by the owner of
copyright in any work or by his duly
authorized agent, to the Registrar of
Copyrights to ban the import of infringing
copies into India and the delivery of infringing
copies of copyrighted article which were
earlier confiscated from infringer to the owner
of the copyright.

25. Limitations to Copyright
• Idea-expression dichotomy
 protects only the original expression of ideas, and not the ideas
themselves.
• The first-sale doctrine
 does not restrict the owner of a copy from reselling legitimately
obtained copies of copyrighted works.
• Fair use and fair dealing
 For the purpose of research or private study
 For learning & teaching in a class room
 For criticism or overview
 For reporting current events
 In connection with judicial proceeding
 Performance to non-paying audience
 Other specific conditions

26. Limitations to Copyright (contd..)
Some Government works are exempted in India:
• Act of a Legislature.
• Report of a committee, commission, council,
board or other like body appointed by the
Government.
• Judgement or order of a court, tribunal or
other judicial authority.

27. COPYRIGHT BOARD
• Copyright Board adjudicates certain cases pertaining
to copyright.
• The government has set up a Copyright Enforcement
Advisory Council (CEAC) to adjudicate certain matters
relating to copyright.
• The Copyright Act provides for a quasi-judicial body
called the Copyright Board consisting of a Chairman
and two or more, but not exceeding fourteen, other
members for adjudicating certain kinds of copyright
cases.
• The Chairman of the Board is of the level of a judge
of a High Court.

28. Power of copyright board
• hear appeals against the orders of the Registrar of Copyright;
• hear applications for rectification of entries in the Register of
Copyrights;
• adjudicate upon disputes on assignment of copyright;
• grant compulsory licenses to publish or republish works (in
certain circumstances);
• grant compulsory license to produce and publish a translation of
a literary or dramatic work in any language after a period of
seven years from the first publication of the work;
• hear and decide disputes as to whether a work has been
published or about the date of publication or about the term of
copyright of a work in another country;
• fix rates of royalties in respect of sound recordings under the
cover-version provision;
• fix the resale share right in original copies of a painting, a
sculpture or a drawing and of original manuscripts of a literary or
dramatic or musical work.

29. Indian Copyright Act, 1957
• First Copyright act was Passed in 1914 which was mainly
based on the UK Copyright Act, 1911.
• The revised copyright act was passed in 1957.
• The copyright act of 1957 was the 3rd ammendment
enacted in order to suit Berne convention.
• It came into effect from January 1958 .
• Created Copyright Office and Copyright Board
• Introduced civil and criminal remedies against
infringement