law copyrighlide 1: Introduction
Title: Understanding Copyright: Protecting Creative Works
Your Name
Date
Slide 2: Agenda
Introduction to Copyright
History and Purpose
Copyright Basics
Rights of Copyright Holders
Fair Use and Exceptions
Copyright Infringement
Enforcement and Penalties
Conclusion
Slide 3: Introduction to Copyright
Definition of Copyright
Importance of Copyright
How Copyright Impacts Creators
Overview of What is Protected
Slide 4: History and Purpose
Historical Context
Purpose of Copyright
Development of Copyright Laws
Slide 5: Copyright Basics
How Copyright is Obtained
Copyright Duration
Automatic Copyright Protection
Registration and Benefits
Slide 6: Rights of Copyright Holders
Exclusive Rights Overview
Reproduction Rights
Distribution Rights
Public Performance Rights
Derivative Works
Moral Rights
Slide 7: Fair Use and Exceptions
Definition of Fair Use
Factors to Consider
Common Fair Use Scenarios
Other Exceptions (e.g., Public Domain)
Slide 8: Copyright Infringement
What Constitutes Infringement
Consequences of Infringement
Examples of Copyright Infringement
Slide 9: Enforcement and Penalties
How Copyright is Enforced
Legal Actions (Cease and Desist, Lawsuits)
Civil vs. Criminal Penalties
Real-life Cases
Slide 10: Conclusion
Recap of Key Points
Importance of Respecting Copyright
Resources for Further Learning
Slide 11: Q&A
Invite the audience to ask questions.
Slide 12: Thank You
Express your appreciation for the audience's attention.
Provide contact information if necessary for follow-up questions.
Remember to use visuals, examples, and engaging content to make your presentation more interesting and informative. You can also consider including relevant case studies or current events to illustrate copyright issues in the real world. Finally, check for the most recent copyright laws and developments as they may have changed since my last knowledge update in September 2021.t Constitutional Law:
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Privacy in
2. WHAT IS COPYRIGHT???
• It is a legal term used to describe the rights that creators have over their literary
and artistic works.
• As a creator has right to enjoy financial and
other benefits associated as per the law over the creation.
3. WHAT CAN BE PROTECTED???
reference works,
• Literary work – novels, poems, plays,
newspaper, articles.
• Computer programs.
• Films, musical composition, choreography.
• Artistic works – paintings, drawing, photographs and
sculpture.
• Architecture.
• Advertisements, maps and technical drawing.
5. WHOSE RIGHTS ARE PROTECTED???
• It protects the right of the author. (Creator of
intellectual property)
• He/she also called the first owner of copyright.
• In case of employment –
employer is the first owner of these
rights.
6. WORK CREATOR OF THE WORK
Literary or dramatic work Author
Musical work Composer
Cinematograph Producer
Sound Recording Producer
Photograph Photographer
7. WHY COPYRIGHT???
Favor:
• Rewards creative efforts.
• Protects the interest of the creator.
Against:
• It protects the corporate interest only.
• Criminalizing legitimate use.
9. FIRST COPYRIGHT IN US
• June 9th, 1790 – John Barry in US.
• Philadelphia Spelling Book.
• US district of Philadelphia.
10. COPYRIGHT
• No single “international copyright” for whole world.
• The Copyright Act of each country is compliant with most
international conventions and treaties.
• In India, the Copyright Act, 1957 is compliant with these
international conventions and treaties.
1. Berne convention of 1886.
2. Universal Copyright Convention of 1951.
3. Agreement on TRIPS.
11. INDIAN COPYRIGHT ACT, 1957
• First right in India in 1914.
• Now, Indian Copyright Act, 1957; w.e.f. 1958.
• Further amendments in 1983, 1984, 1992, 1994, 1999.
• Adopted many English provisions, introduced new ideas and
concepts.
• Created Copyright Office and Copyright board.
• Introduced civil and criminal remedies against infringement.
12. INDIAN PERSPECTIVE ON
COPYRIGHT
• The Copyright Act, 1957 confers copyright protection
in the following forms;
1. Statutory Rights
2. Economic Rights
3. Moral Rights
13. STATUTORY RIGHT
• It provides an exclusive legal or statutory right to the original author on his
creation of work.
• It imposes a ‘negative duty’ on others that prohibits from using or getting benefit
from the work without the consent of the author.
14. ECONOMIC RIGHT
• It provides author to enjoy the financial benefits.
• The creator can earn royalty by assigning rights to others either
fully or partially.
• As per the international conventions, generally every national
copyright statue provides following exclusive rights to the
copyright holder.
15. ECONOMIC RIGHTS
• Adaption rights.
• Distribution rights.
• Public performance rights.
• Public display of works rights.
• Rental rights.
• Reproduction rights.
• Translation rights.
16. MORAL RIGHT
• It protects non-economical interests of the author.
• Copyright law always protects the creator even after the
assignment of copyright work to others either fully or partially.
• Moral rights grant an author the right to have his name kept on
the work forever and protects from any distortion or
modification of the work, or other offensive action in relation to
the work, which would be damaging to the author’s reputation.
17. TERM
• Copyright doesn’t require any kind of registration for its
protection. Once the work created in tangible form, an author
automatically gets the copyright on his creation.
• Copyright term in respect to published literary, dramatic,
musical and artistic works is lifetime of the author plus 60
years from the death of the author.
18. TERM
• Multiple author – 60 years from the death of last author.
• Anonymous and pseudonymous works – 60 years from date of
publication.
• Photographs, cinematograph films and sound recordings – 60
years from date of publication.
• Works of applied art and photographic works – minimum term
is 25 years from the creation of such a work.
19. CAN I REGISTER COPYRIGHT???
• In the majority of countries, and according to the Berne
Convention, copyright protection is obtained automatically
without the need for registration or other formalities.
• Most countries nonetheless have a system in place to allow for
the voluntary registration of work.
• Such voluntary registration systems can help solve disputes
over ownership or creation, as well as facilitate financial
transactions, sales and the assignment and/or transfer of rights.
20. REGISTRATION
• Berne Convention – Registration is not needed.
• Acquisition of copyright is automatic with the
creation of the work.
• Registration as prime fact evidence.
23. ASSIGNMENT
• The owner of the copyright may assign to any person the
copyright either wholly or partially.
• Duration, 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.
25. INFRINGEMENT OF COPYRIGHT
• Performing publicly without any consent of the owner.
• Using copyrighted work for any kind of business which brings
financial benefit.
• Distributing for the purpose of trade or import.
26. • Reproduction of substantial part of copyrighted work in any
material form.
without any
• Circulating among the unauthorized persons.
• Adoption or translation of copyright work
permission.
• Resale or renting of copyrighted material to other.
30. ADMINISTRATIVE REMEDIES
• Registrar and Copyright Board has the power to take action.
• Ban the import of infringement copies and
delivery of the confiscated infringing copies to the owner.
• Max. time taken to raise complaint – 3 years from
the date of infringement.
31. LIMITATIONS AND EXCEPTIONS
• Educational purpose.
• For criticism.
• Comment or review.
• Journal reporting.
• Judicial proceedings.
• Research.
• The user is exempt from seeking permission of the
copyright owner or creator.
32. Copyright V/S Trademark V/S Patent
Copyright Trademark Patent
Automatically granted
to the author of their
original, creative or
intellectual work.
Brand element – distinguishes
your goods and services from
those of your competitors and
other traders.
Obtaining protection
for new inventions that
are new, original and
useful.
Work: Books, lectures,
dramatic and musical
work, cinematography,
drawings, paintings,
architecture, sculpture,
photographs, maps,
plans etc…
Mark: Word mark, logo or
slogan, shapes and
unconventional marks (Color,
Sound, Gesture, Animation,
Holograms).
Work: Novel or
original has an
inventive step and has
some industrial
application.
33. Copyright Trademark Patent
Right: To distribute copies
or phonorecords of the
work to the public by sale
or other transfer of
ownership or by rental,
lease or lending.
Right: To use the mark
and prevent anyone from
using it without
permission. Right to
license, assign and sell the
mark in return of some
compensation.
Right: Exclusive authority
over the patented
invention, right to exclude
others and exploit the
patent and earn from it.
Registration is not
mandatory.
Applied separately in
every country.
Separate patent required
to be filled.
Validity: Lifetime of the
author and 60 years after
author death. Owner has
protection in most
countries.
Validity: 10 years.
Renewed every 10 years.
Validity: 20 years later
goes to public domain.
It is territorial right –
effective only within the
territory.