1. COPYRIGHT AS A PART OF INTELLECTUAL
PROPERTY RIGHTS WITH RESPECT TO SOME
CLAUSES IN TRIPS
2. INDEX
SR. NO CONTENT
1 Introduction
2 History
3 Importance of IPR
4 WIPO & NIPO
5 Copyright
6 Copyright Society
7 Copyright Infringement and its remedies
8 Comparison between India and Brazil
9 Copyleft
10 Statistical Data
11 Case study
3. INTRODUCTION
Intellectual property is a legal concept which refers
to creations of the mind for which exclusive
rights are recognized.
Under intellectual property law, owners are granted
certain exclusive rights to a variety of intangible
assets, such as musical, literary, and artistic works;
discoveries and inventions; and words, phrases,
symbols, and designs.
4. Intellectual Property
Rights
Intellectual property rights are the rights given the
creator an exclusive right over the use of his/her
creation for a certain period of time.
Intellectual property rights are customarily divided
into two main areas:
• Copyrights and rights related to copyrights
• Industrial Property
5. HISTORY
Modern copyright law developed in India
gradually, in what we may identify roughly as
three distinct phases spanning more than 150
years:
• Phase I- East India Company Statute
• Phase II- Copyright Act 1914
• Phase III- Post Independence
6. Types of Intellectual
Property Rights
• Copyright
• Trademarks
• Patents
• Industrial design rights
• Trade dress
• Trade secrets
7. RIGHTS RELATED TO COPYRIGHT
Related rights have been granted to three
categories of beneficiaries:
• Performers
• Producers of phonograms
• Broadcasting organizations.
8. TRIPS Agreement
The Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS) is
an international agreement administered by
the World Trade Organization that sets down
minimum standards for many forms of intellectual
property regulation as applied to nationals of other
WTO Members
9. Main features of the
agreement
• Standards
• Enforcement
• Dispute settlement
10. WIPO
World intellectual property
organization
• It is the United Nations agency dedicated to the use
of intellectual property.
• It is a self-funding agency of the United Nations,
with 186 member states.
• Their mission is to lead the development of a
balanced and effective international intellectual
property system that enables innovation and
creativity for the benefit of all.
11. WIPO's Strategic Goals
• Balanced Evolution of the International Normative
Framework for IP
• Provision of Premier Global IP Services
• Facilitating the Use of IP for Development
• Coordination and Development of Global IP Infrastructure
• World Reference Source for IP Information and Analysis
• International Cooperation on Building Respect for IP
• Addressing IP in Relation to Global Policy Issues
• A Responsive Communications Interface between WIPO, its
Member States and All Stakeholders
12. NIPO
national intellectual property
organization
• It is an initiative destined to put India on the map of
intellectual superpowers.
• It includes
Developing policy initiatives in the area of IP
Mobilizing the use of IP for economic and social
development
Provides all stakeholders a strong voice on IP matters.
13. Mission and Objectives of NIPO
• Catalyzes awareness about the rights of intellectual
property owners
• Promotes development of infrastructural facilities
for registration of intellectual property
• Carries out Research and Development activities for
development and protection of IPR’s.
• Conducts training and capacity building activities
for corporate and government personnel
14. COPYRIGHT
• A copyright gives the creator of original work exclusive rights to it,
usually for a limited time.
• Copyright may apply to a wide range of creative, intellectual, or
artistic forms, or "works".
• Specifics vary by jurisdiction, but these can include
poems,
plays and other literary works,
musical compositions, sound recordings,
computer software, radio and television broadcasts, and industrial
designs.
15. COPYRIGHT ACT, 1957
• Copyright Act refers to laws that regulate the use of the
work of a creator, such as an artist or author.
• This includes copying, distributing, altering and displaying
creative, literary and other types of work. Unless otherwise
stated in a contract, the author or creator of a work retains
the copyright.
• Copyright does not ordinarily protect titles by themselves or
names, short word combinations, slogans, short phrases,
methods, plots or factual information.
16. NEED FOR COPYRIGHT
• It gives you the exclusive right to reproduce or copy the
work or change its form.
• You can perform the work or display it in public;
everyone else has to ask you first.
• You're the only person who can distribute the work for
commercial purposes.
• You can sell your right to control over the copyrighted
work
• Registration informs the world that you own the work
• If you succeed in an infringement suit, you are entitled
to money damages.
17. Indian perspective on
Copyright Protection
It confers copyright protection in the following two
forms:
(a) Economic rights of the author
(b) Moral Rights of the author
(i) Right of Paternity
(ii) Right of Integrity
20. TERM OF COPYRIGHT
• It varies according to the nature of work - 60 years, in India.
• In the case of literary, dramatic, musical or artistic work (other than
a photograph), when published during the lifetime of the author,
copyright subsists during the lifetime of the author, plus 60 years.
• In the case of photographs, cinematograph films and sounds
recordings; the term is 60 years from the date of publication.
• When the first owner of copyright is the government or a public
undertaking, the term of copyright is 60 years from the date of
publication.
21.
22. Administration of Copyright
Law
• Copyright Society
• Tariff Scheme of copyright societies
• Fair use Provisions
• Fair use in digital works
• Notice and take down procedures
• Special Provisions for Access to the disabled
• Fair use rights to the disabled
23. COPYRIGHT SOCIETY
• A copyright society is a registered collective
administration society. Such a society is formed by
copyright owners.
• The minimum membership required for registration
of a society is seven. Ordinarily, only one society is
registered to do business in respect of the same class
of work.
• A copyright society can issue or grant licenses in
respect of any work in which copyright subsists or in
respect of any other right given by the Copyright
Act.
24. FUNCTIONS OF A COPYRIGHT
SOCIETY
A copyright society may –
• Issue licenses in respect of the rights administered
by the society.
• Collect fees in pursuance of such licenses.
• Distribute such fees among owners of copyright
after making deductions for the administrative
expenses.
25. COPYRIGHT IN THE DIGITAL WORLD
• Copyright gives the people involved in
creating music various rights over the copying,
distribution, performance and internet
transmission of their music.
• Uploading & downloading of music to & from
the internet is an infringement of copyright if
done without the rights owners' permission.
26. COPYRIGHT INFRINGEMENT
Copyright infringement is the use
of works under copyright, infringing the copyright
holder's exclusive rights, such as the right to
reproduce, distribute, display or perform the
copyrighted work, or to make derivative works,
without permission from the copyright holder, which
is typically a publisher or other business
representing or assigned by the work's creator.
27. COPYRIGHT INFRINGEMENT OCCURS WHEN
THE COPYRIGHT OWNER'S RIGHTS ARE
VIOLATED
• The Right to Reproduce the Work.
• The Right to Derivative Works
• The Right to Distribution
• The Public Display Right
• The Public Performance Right
28. 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
• 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.
31. Comparison of Indian
copyright act with Brazil
AREAS OF CONCERN INDIA BRAZIL
What is the general scheme
of exceptions from
copyright protection?
Specific categories
operating under an
umbrella of a general
doctrine (fair dealing)
One general doctrine
without specific categories
(fair use)
Do licensing agreements
need to be in writing to be
valid?
YES, the licensee has no
right to use works unless
the license is in writing
NO, it is only a matter of
evidence
Can a license be granted
with respect to unspecified
works that may be created
in the future?
YES, it is possible to
license all future works
NO, the works must be
sufficiently described for
the license to take effect
32. Comparison of Indian
copyright act with Brazil
AREAS OF CONCERN INDIA BRAZIL
Can a license be granted
with respect to ALL works
(without a specific list of
these works)?
YES, in this case all works
in which licensor owns
copyright will be licensed
to the licensee
NO, the works must be
sufficiently described for
the license to take effect
Can a license be granted for
free?
NO, there must be some
remuneration
YES, as long as the
agreement is voluntary
Do assignment agreements
need to be in writing to be
valid?
YES, the assignee has no
right to use works unless it
the assignment is in writing
NO, it is only a matter of
evidence
Can moral rights be
waived?
YES, while moral rights
cannot be assigned, they
CAN be waived
NO, moral rights are
inalienable: they cannot be
assigned and they cannot be
waived
33.
34. COPYLEFT
An arrangement whereby software or
artistic work may be used, modified,
and distributed freely on condition
that anything derived from it, is bound
by the same conditions
35. FREEDOMS GIVEN IN COPYLEFT
• Freedom 0 – the freedom to use the work
• Freedom 1 – the freedom to study the work
• Freedom 2 – the freedom to copy and share the work
with others
• Freedom 3 – the freedom to modify the work, and
the freedom to distribute modified and therefore
derivative works.
46. Conclusion
• The Indian Copyright Act was enacted with a motive
of protecting the rights of the original authors. It
aimed to encourage and provide incentive to create
original works.
• Copyright laws are enacted with necessary exceptions
and limitations to ensure that a balance is maintained
between the interests of the creators and of the
community.
• The pirate retail trade is vast throughout big cities in
India.
