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3. WHAT IS COPYRIGHT?
Type of intellectual property that gives its
owner the exclusive right to copy and
distribute a creative work.
Intellectual property (IP) - intangible assets
formed by creations of the mind.
Eg: Inventions; literary and artistic works;
designs; and symbols, names and images
used in commerce.
4. INTELLECTUAL PROPERTY &
COPYRIGHT
The terms “copyright” and “intellectual property” are often used interchangeably.
Intellectual property has been demarcated into two basic categories, that are industrial
property and copyright.
While the industrial property rights system is aimed at the development of the industrial
economy, copyrights have as its aim in the development of culture and the protection of
copyright works such as music, paintings, novels, films, and computer programs.
Intellectual property is protected by laws specific to the brand or company as a whole. But
copyrights mainly focus on the work of art done under them.
But copyrights are just a category of "intellectual property".
5. INDIAN COPYRIGHT ACT, 1957
Protects original literary, dramatic, musical and artistic works and cinematograph
films and sound recordings from unauthorized uses.
Copyright protection in two forms:
Economic rights of the author, and
Moral Rights of the author.
Exception -
private or personal use, including study;
criticism or review, whether of that work or any other work;
the coverage of current events and current affairs, including the coverage of a public
lecture.
1.
2.
Fair treatment of any work that is not a computer program for the purposes of –
1.
2.
3.
6. ART
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INDIAN COPYRIGHT
EXAMPLES IN VARIOUS FIELDS
MUSIC
Owned By: Sony Music
Entertainment India Pvt. Ltd
BOOK/WRITING
Owned By:
Chetan Bhagat
7. ART
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INDIAN COPYRIGHT
EXAMPLES IN VARIOUS FIELDS
MOVIE
Owned By: Lokesh
Kanakaraj
8. COPYRIGHT REGISTRATION PROCESS
Filing the Application: Along with the requisite fee, an application
needs to be submitted either in DD/IPO. Once this application is
filed, a diary number is generated and issued to the applicant.
Examination of the application:
Registration: the registration solely depends on the registrar. Once
everything is cleared from the registrar’s end, the applicant receives
the copyright and can legally exercise all rights that come with the
owner of that copyright.
1. In case of no objection
2. In case of zero discrepancies
3. If the application is accepted
9. TRENDING COPYRIGHT INFRINGEMENT CASES
In 2020, Disney won the lawsuit against Florida-based retailer Mouseprint Media, also
known as “DisGear,” for using its copyrighted images from Disney movies such as Star Wars.
Disney alleged the infringement caused great harm, confusion and unfair competition.
DISNEY ENTERPRISES, INC. VS. MOUSEPRINT MEDIA LLC:
YRF V SRI SAI GANESH PRODUCTIONS:
A copyright infringement suit was filed against Sri Sai Ganesh Productions & Ors by Yash Raj Films
Pvt Ltd because it blatantly copied the movie Band Baja Baarat produced under the YRF banner and
producing Jabardasht which showcased substantial and material similarities in terms of theme,
concept, plot, character, sketches, story, script, form and expression amongst other things.
10. TRENDING COPYRIGHT INFRINGEMENT CASES
Drake licensed a part of a song called "Jimmy Smith Rap" in his song "Pound Cake/Paris
Morton Music 2." They claimed that Drake did not license the composition (though he
licensed the master). After several years of back and forth, the court of appeals ruled that
Drake's use of the sample is fair as it is transformative.
THE ESTATE OF JIMMY SMITH V. DRAKE:
DUA LIPA V. ARTIKAL SOUND SYSTEM:
In March of 2022, Artikal Sound System filed a lawsuit against Dua Lipa over her song
"Levitating." The reggae band claims it is infringement on their 2017 song "Live Your Life."
Hear musicologists' takes on the case from an article by Rolling Stone. The reggae hit reached
number 2 on the Billboard Reggae charts, so it seems possible that Lipa had access to the
music. Intention, however, is always difficult to prove.
12. CONCLUSION
Protects and rewards innovation by ensuring some minimal
safeguards for creators' rights.
Creativity is essential for a society’s economic social and economic
progress.
Fosters a creative environment that encourages them to create more
and drives others to create.
