5. IPR – Neglected area
_____________________________________________________________________________________________
•Lack of knowledge of IPR
•Lack of not having a in-house IPR policy
•Lack of symbiosis between innovative
policies and inventions
•Lack of proper legal guidance
•Impression that its exercise in futility
•Costs involved towards official and other
fees
7. Protection and Rights
_____________________________________________________________________________________________
• CR protection in India in two forms:
•A. Economic rights of the author
•B. Moral Rights of the author.
• Rights of CR Owner
•Right of Reproduction prominent right – author can
make copies of the protected work in any form.
•Right to Distribute – off-shoot of the right of
reproduction - owner may distribute his work in any
manner he deems fit- owner can entitle any person to
translate his work.
•Right to make Derivative Works - right to use his work
in various ways, for instance making adaptations or
translations -making a movie based on a novel -
•Right to Publicly Perform right to publicly perform his
works eg dramas.
8. Protection and Rights
_____________________________________________________________________________________________
• Rights of CR Owner
•Right to Follow - granted generally only to the authors
and artists where author empowered to % in
subsequent sales of his work.
•Right of Paternity - right to claim authorship of the work
/ due credit for any of his works. Eg No credit given to
author in a movie produced from his book, he can sue.
•Sui Generis Rights – related with copyright protection
for computer software and databases.
•Private Copying – Exception - any person can make
copies of the copyright protected work if it is proved
that such copying is for educational purpose and that
there is no commercial motive behind
•Moral Right – also called right to integrity which
protects the owner against deformation, defacement
or modification of his work in a way that it is harmful for
his reputation.
10. First owner of Copyright
_____________________________________________________________________________________________
• Sec 17 of CR Act – First owner is the
programmer who created it
• Proviso: IF created in the course of
programmers employment under a
contract of service, employer (in the
absence of agreement to contrary) be the
first owner of CR.
• Sec 22 CR shall subsist within life time of
programmer and 60 years after death of the
programmer
11. National Regime Governing IPR
_____________________________________________________________________________________________
•First Act was in 1914
•The Copyright Act, 1957 - Governing law
and primary legislation
•Major amendments in 1983, 1984, 1992,
1999 and 2012
•Amended Act contains totally ____
Sections and supplemented by Rules
•Considered as the most comprehensive
legislation the world and know to cover
almost all aspects of CR protection.
12. International Regime Governing IPR
_____________________________________________________________________________________________
•Mainly three major conventions
•1. Berne Convention – 1886
•2. WIPO Copyright Treaty 1996
•3. WIPO Performance and Phonograms Treaty
1996
•The above Conventions encompass
every other international convention on
copyrights
•Other relevant treaties could be
•1. Universal Copyright Convention
•2. Geneva Convention on protection of
producers of phonograms against unauthorized
Duplication
13. Subject matter of CR - 1
•Literary work: Computer programmes, books, articles,
poems, tables and databases.(SEC 13 (A))
•Artistic work: Paintings, a sculpture, a drawing
(including a diagram, map, chart or plan), an
engraving or a photograph, whether or not any such
work possesses artistic quality; a work of architecture;
and any other work of artistic craftsmanship. .(SEC 13
(A))
•Musical work: means a work consisting of music and
includes any graphical notation of such work but does
not include any words or any action intended to be
sung, spoken or performed with the music. A musical
work need not be written down to enjoy Copyright
protection. Example: Written work of lyricist, composer
and rights of the singer. .(SEC 13 (A))
14. Subject matter of CR - 2
•Sound recording: means a recording from which
sounds may be produced regardless of the medium
on which such recording is made or the method by
which the sounds are produced. Example: Sound
recordings fixed in a CD-ROM, DVD-ROM, USB drive.
.(SEC 13 (B))
•Cinematograph film: means any work of visual
recording on any medium, produced through a
process from which a moving image may be
produced by any means and includes a sound
recording accompanying such visual recording and
"cinematograph" shall be construed as including any
work produced by any process analogous to
cinematography including video films. Example:
Movies .(SEC 13 (B))
•SECTION 13 OF CR ACT LAYS DOWN WORKS IN
WHICH CR SUBSISTS
15. CR does not extend to
•Any idea,
•Procedure or process
•System,
•Method of Operation
•Concept
•Principle
•Discovery
•Regardless of the form in which it is
described, explained , illustrated,
embodied
16. Protection and Rights
_____________________________________________________________________________________________
• CR protection in India in two forms:
•A. Economic rights of the author
•B. Moral Rights of the author.
• Rights of CR Owner
•Right of Reproduction prominent right – author can
make copies of the protected work in any form.
•Right to Distribute – off-shoot of the right of
reproduction - owner may distribute his work in any
manner he deems fit- owner can entitle any person to
translate his work.
•Right to make Derivative Works - right to use his work
in various ways, for instance making adaptations or
translations -making a movie based on a novel -
•Right to Publicly Perform right to publicly perform his
works eg dramas.
17. Protection and Rights
_____________________________________________________________________________________________
• Rights of CR Owner
•Right to Follow - granted generally only to the authors
and artists where author empowered to % in
subsequent sales of his work.
•Right of Paternity - right to claim authorship of the work
/ due credit for any of his works. Eg No credit given to
author in a movie produced from his book, he can sue.
•Sui Generis Rights – related with copyright protection
for computer software and databases.
•Private Copying – Exception - any person can make
copies of the copyright protected work if it is proved
that such copying is for educational purpose and that
there is no commercial motive behind
•Moral Right – also called right to integrity which
protects the owner against deformation, defacement
or modification of his work in a way that it is harmful for
his reputation.
18. Term of Copyright 1
•Explanation: The 60 year period is counted from the year following the death of the
author The period of counting 60 year for this process starts from next year following the
year in which author dies. Example: if Author dies in say 2nd Nov, 1989. So, duration of
protection of 60 years period will be from 1st Jan, 1990 to 31st Dec, 2050.
•Also, in case of joint author, year count for this process will depend upon the author who
dies last. Example: Author X and Y are co-author of a work. Author X dies on 30th April
1968 and Y dies on 26th August 1998. So duration of protection of sixty years period will
start from 1st Jan, 1999.
Nature of work Term of copy right
LITERARY (Incl Computer
software)
Life time of author + 60 years
DRAMATIC Life time of author + 60 years
MUSICAL Life time of author + 60 years
PHOTOGRAPH Life time of author + 60 years
ARTISTIC Life time of author + 60 years
19. Term of Copyright 2.
Nature of work Term of copy right
CINEMATOGRAPH FILMS,
SOUND RECORDINGS,
POSTHUMOUS PUBLICATIONS,
WORKS OF GOVERNMENT,
WORK IN PUBLIC UNDERTAKINGS
&WORKS OF INTL ORGANIZATIONS
60 Yrs from the date of Publication
Note: Date of publication is always the
first publication of the work. Period starts
from the beginning of next year, following
the year in which film was first published.
ANONYMOUS AND PSEUDONYMOUS
IN LITERARY, DRAMATIC, ARTISTIC
AND MUSICAL WORKS
Published anonymously or
pseudonymously when identity is
not disclosed
copyright subsist until 60 years
from the beginning of the calendar
year next following year in which
the work is first published.
ANONYMOUS AND PSEUDONYMOUS
IN LITERARY, DRAMATIC, ARTISTIC
AND MUSICAL WORKS
Published anonymously or
pseudonymously when identity is
disclosed before expiry of 60 yrs
copyright subsist during life time of
author and 60 years fater the
authors death.
26. Copyrights
_____________________________________________________________________________________________
• Indian Copyright Act equipped to deal with
Software Piracy
• Computer programs protected as literary
works under Sec 2(o) and defined under Sc
2(ffc)
• Programs in Source code and object code
under Sec 2(ffc)
• Protection is invariable of form and
expression and SW requires protection
since making of it involves, time,
expenditure, thinking etc.
• Literary work includes computer programs,
tables, compilations and databases.
27. Infringement of Copyright
_____________________________________________________________________________________________
• Sec 51 – “any person without license does
anything that exclusive right to do which is
conferred upon the owner of the
copyright”
• Acts of infringement are Copying,
communicating the SW to public, selling or
renting software, secondary infringements
• Two test propounded
– Look and feel test
– Abstraction Filtration and Comparison
test
Both theories ofshoot of American courts
29. Remedies
_____________________________________________________________________________________________
A. Civil - Under Section 55 Civil Remedies are
prescribed in the form of Injunction, Accounts
of Profits and Costs.
B. Criminal - Under Section 63 Punishment not
less than six months extending to three years
or Rs 2 Lakhs.
C. Administrative before the registrar of
Copyright –
Section 52 defines acts that are not infringement
of copyright. Very exhaustive section giving
various instances.
