copyrights

1. Copyrights
©

2. • Copyright is a right given by the law to creators of
literary, dramatic, musical, performances and
artistic works and producers of cinematograph
films and sound recordings.
• In fact, it is a bundle of rights including, inter alia,
rights of reproduction, communication to the
public, adaptation and translation of the work.

3. Objective of Copyrights
To encourage authors, composers, artists, etc to
create original works by vesting in them the
exclusive right for a limited period to exploit their
works for monetary gains.
Use of the "©" symbol:
Anyone who claims copyrights in a work can use
copyright notice to alert the public of the claim.

4. Use of the "©" symbol
Anyone who claims copyrights in a work can
use copyright notice to alert the public of the
claim.

5. • Copyright allows authors, musicians, artists,
etc. to make money off of their labor.
• It prevents others from taking their work for
free.
• It also prevents people from altering the work
without permission

6. If There is No Copyright…
• The main motive for creative endeavors
(money) disappears.
• If authors can’t make a living writing, most will
not write.
• If a record company can’t profit from a band,
they will sign fewer bands and cut loose the
money losers.

7. • If copyright exists but can’t be enforced, the
above still happens eventually.
• The end result is less creative content and
hard to pirate distribution methods become
preferred like print and closed databases.

8. Works not subject to Copyright
• Words and short phrases such as names, titles, and slogans
• familiar symbols or designs
• mere variations of typographic ornamentation, lettering or
coloring
• mere listing of ingredients or contents
• Ideas, plans, methods, systems, or devices, as distinguished
from the particular manner in which they are expressed or
described in a writing

9. • Blank forms, such as time cards, graph paper,
account books, diaries, bank checks, scorecards,
address books, report forms, order forms and the
like, which are designed for recording information
and do not in themselves convey information
• Works consisting entirely of information that is
common property containing no original authorship,
such as, for example: Standard calendars, height and
weight charts, tape measures and rulers, schedules
of sporting events, and lists or tables taken from
public documents or other common sources

10. Examples of Copyrightable Subject
Matter
 Songs
 Movies (but not their titles)
 Games
 Jewelry
 Software (sequence of coded instructions which direct
the process steps)

11. Copyrights
“Original works of expression”
Originality ≠ Novelty

12. Idea versus Expression of Idea
“Original works of expression”
Copyright does not protect an idea, only the
expression of the idea

13. Idea versus Expression of Idea
A copyright owner has no right to
prevent the independent creation of the
same expression of an idea

14. Rights of Copyright Owner
Copyright owner has the exclusive right:
1. To reproduce the work
2. To perform the work publically
3. To distribute copies of the work
4. To display the work publicly
5. To make derivative works based upon
the original work

15. Copyright Duration
• A copyright last for life plus 70 years for individuals
for anything on or after 1978.
• A copyright lasts for 95 years for corporate authors
after publication for anything on or after 1978. (It is
120 years after creation if not published.)
• Works published before 1978 and after 1923 are
protected for 95 years.
• It is 60 years after the death of author or from the
date of publication of musical or artistic works
under Indian Copyright Act

16. Ownership
- Copyright protection vests from the time the work
is created in fixed form; that is, it is an incident of
the process of authorship
- The copyright in the work of authorship
immediately becomes the property of the author
who created it
- Only the author (or assignee) can rightfully claim
copyright

17. Joint Works
A “joint work” is a work prepared by two or
more authors with the intention that their
contributions be merged into inseparable or
interdependent parts of a unitary whole.
Each co-owner enjoys undivided ownership in
the copyrighted work and may exercise
independently the “exclusive” rights.

18. Copyright Infringement
The act of violating any of a copyright owner’s
exclusive rights granted by the federal
Copyright Act

19. Indian perspective on copyright
protection
 The Copyright Act, 1957 provides copyright
protection in India
 It confers copyright protection in the
following two forms:
 Economic rights of the author
 Moral Rights of the author
 Right of paternity
 Right of integrity

20. The Copyright Act, 1957
• Came into effect from January 1958.
• Has been amended six times since then, i.e.,
in 1983, 1984, 1992, 1994, 1999 and 2012.
• Prior to the Act of 1957, the Law of Copyrights
in the country was governed by the Copyright
Act of 1914. This Act was essentially the
extension of the British Copyright Act, 1911 to
India.

21. Registration of copyright
• Copyright comes into existence as soon as a
work is created and no formality is required
to be completed for acquiring copyright.
• Facilities exist for having the work registered
in the Register of Copyrights maintained in
the Copyright Office of the Department of
Education.
• The Copyright Office is headed by a Registrar
of Copyrights and is located at New Delhi

23. • Online Registration facility
• The first phase of the modernization of
Copyright Office including provision of Online
registration facility to authors and rights
owners started on 9th September, 2009.
• Digitization of records and On-line search
facility:
• Under the Phase I of the modernization of
Copyright Office project all the records were
digitized and ‘On-line search’ facility provided
to help general public to know the details of
copyright registration on payment of fee