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copyright law in India

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  1. 1. LIBINKURIAN Depaul institute of science and technology, angamaly
  2. 2. Indian Copyright Act, 1957 • First copyright 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
  3. 3. Definition • Copyright is an exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof
  4. 4. a) Inthe caseof a literary, dramatic or musical work,not being a computerprogramme: • To reproduce the work in any material form including the storing of it in any medium by electronic means • To make any translation of the work, • To make any adaption of the work, • To perform the work in public, or communicate it to the public • To issue copies of the work to the public not being copies already in circulation
  5. 5. b) In caseof a computerprogramme • To do any of the acts specified in clause (a),or • To sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme
  6. 6. c) In the case of an artistic work • To reproduce the work in any material form; 2D to 3D, 3D to 2D • To communicate the work to the public • To include the work in any cinematograph film, • To make any adaptation of the work • To issue copies of the work to the public not being copies already in circulation
  7. 7. d) In the case of a cinematograph film • To make the copy of the film • To sell or give in hire the things which have been already be sell or given hire • To communicate the film to the public
  8. 8. e) In the case of sound recording • To make any other sound recording embodying it, • To sell or give in hire the things which have been already be sell or given hire • To communicate the sound recording to the public
  9. 9. Copyright Symbol © • Use of the "©" symbol • Anyone who claims copyrights can use it • not necessary to have a registration to use the designations • highly advisable to incorporate a copyright notice • Example: Copyright © 2009 Microsoft Corporation
  10. 10. TERMOF COPYRIGHT The general rule is that copyright lasts for 60 years. It is counted- From the death of the author •Literary •Dramatic •Musical •Artistic work From the date of publication •Cinematograph films •Sound recordings •Photographs •Posthumous publication •Works of government & international organizations
  11. 11. The work mist be original Creation of statute multiple rights copyright exists in expression of ideas and not mere idea CHARACTERISTICS OF COPYRIGHT
  12. 12. CHARACTERISTICSOF COPYRIGHT Creation of statute The copyright is granted and protected according to copyright Act. There is no common law right Multiple right copyright is not a single right, rather it is a bundle of right in the same work. It comprises of, in case of literary work, right to reproduction, right to translation, right to adaptation, right to dramatic and cinematographic version, right to public performation and right to serial publication The work must be original The first and essential requirement for claming the copyright is the originality of the work. There cannot be claim of copyright in a copy of any other’s work or in a similar work
  13. 13.  Copyrightexistinexpressionofideasandnot mereidea The copyright exists only in expression of idea in some material form; i.e. book, film, photograph or musical tone. Mere idea unless expressed is not capable of claiming any copyright.
  14. 14. Ownership of copyright • By virtue of section 17, the author of the work is the first owner of the copyright in the work Literary or dramatic work The author of the work Musical work the composer An artistic work (other than photograph) The artist Photograph The person take the photograph Cinematograph film The producer Sound recording The producer Literary, dramatic, musical or artist work which is computer generated The person who causes the work to be created
  15. 15. RIGHTSOFOWNERSOFCOPYRIGHT 1. Multiple statutory right the owner of the work can exploited and enjoy monopoly right in his work in several manners. 2. Right to transfer the author can transfer his right through assignment or grant permissive use of copyright to any person 3. Negative right (right against infringement) unauthorised use of copyright amount to infringement. The act provides adequate remedies for preventing infringement
  16. 16. 4. Moral right (special right of author) section 57(1) of the copyright Act has recognized moral rights as author’s special rights. These are; a) to claim authorship of the work; and b) to retrain or claim damages in respect of any distortion, mutilation, modification etc
  17. 17. Subject matter of copyright Literary work sec2(0) Musical work sec.2(p) Work of architecture sec.2(b) Computer software and programmes sec Artistic work sec.2(c)
  18. 18. WORK • What is a work? • A work means any of the following , namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording.
  19. 19. An artistic work means- a painting, 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.
  20. 20. Musical work • "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. Sound recording • "Sound recording" means a recording of sounds 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. A CD-ROM are sound recordings.
  21. 21. Cinematographfilm • "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. "Government work" means a work which is made or published by or under the direction or control of • the government or any department of the government • any legislature in India, and • any court, tribunal or other judicial authority in India.
  22. 22. Indian work “Indian work" means a literary, dramatic or musical work, • the author of which is a citizen of India; or • which is first published in India; or • the author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.
  23. 23. Licensing of copyright 1) Voluntary licence (sec 30) Section 30 of the copyright Act empower the owner of copyright in any existing or prospective owner of the copyright in any future work to grant any interest in the right by license in writing signed by him 2) Compulsory licence (sec 31) The work must have been published or performed in the public. The author must have refused to republish or allow to republish That by reason of such refusal the work is withheld from public The author must have refused to allow communication to the public of such work by broadcast
  24. 24. TERMINATION ANDASSIGNMENTOFLICENCE • TERMINATION: The licence can be terminated by the copyright board, after giving three months notice, if the owner of the copyright publishes a translation in the same language at the resonable price and of the same standards. • ASSIGNMENT: It shall be in writing signed by the assignor or by his duly authorised agent. It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment. It shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.
  25. 25. • If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. • lapse of assignment: Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.
  26. 26. Copyright infringement copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The following are some of the commonly known acts involving infringement of copyright:  Making infringing copies for sale or hire or selling or letting them for hire;  Permitting any place for the performance of works in public where such performance constitutes infringement of copyright;
  27. 27. Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ; Public exhibition of infringing copies by way of trade; and  Importation of infringing copies into India.
  28. 28. REMEDIES AGAINST INFRINGEMENT CIVIL REMEDIES (SEC.54-62) • Search and seizure order • Injunction CRIMINAL REMEDIES • The infringement of copyright is not a civil wrong but also an offence. The criminal proceeding can be take against infringement. ADMINISTRATI VE REMEDIES • registrar and copyright board have the power to take action against infringement
  29. 29. Criminal Remedies • Criminal offences, if done knowingly Imprisonment • 6 months – 3years Fine • Rs.50,000 – Rs.200,000 • Seizure of infringing copies
  30. 30. Civil Remedies Civil remedies • Injunction • Damages • Delivery of infringing copy • Damages for conversion Jurisdiction in District Court
  31. 31. ADMINISTRATIVE REMEDIES The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely, • Summoning and enforcing the attendance of any person and examining him on oath; • Requiring the discovery and production of any document; • Issuing commissions for the examination of witnesses or documents; • Requisitioning any public record or copy thereof from any court or office; • Any other matters which may be prescribed.
  32. 32. Copyright Registration