1. Intellectual Property Rights
Presented by
Dr. B.Rajalingam
Assistant Professor
Department of Computer Science & Engineering
Priyadarshini College of Engineering & Technology, Nellore
Revision (Unit 3)
The Rights Afforded by Copyright Law
2. Syllabus
Law of Copy Rights:
• Fundamental of Copy Right Law
• Originality of Material, Rights of Reproduction
• Rights to Perform the Work Publicly
• Copy Right Ownership Issues
• Copy Right Registration
• Notice of Copy Right
• International Copy Right Law
Law of Patents:
• Foundation of Patent Law
• Patent Searching Process
• Ownership Rights and Transfer
Copy Right Law : Dr. B.Rajalingam26 May 2020 2
3. Introduction
• Section 106 of the Copyright Act provides that, subject to certain exceptions, the
owner of a copyright has the exclusive rights to do and to authorize any of the
following:
• To reproduce the copyrighted work in copies or phonorecords
• To prepare derivative works based on the copyrighted work
• To distribute copies or phonorecords of the copyrighted work to the public
• To perform the copyrighted work publicly (in the case of certain works)
• To display the copyrighted work publicly (in the case of literary, musical,
dramatic and choreographic works, pantomimes, and pictorial, graphic, or
sculptural works)
• To perform the copyrighted work publicly by means of a digital audio
transmission (in the case of sound recordings)
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4. Rights of Reproduction
• The most fundamental of the rights granted to copyright owners is the
right to reproduce the work, thereby excluding others from reproducing
the work.
• A violation of the Copyright Act occurs whether or not the violator profits
by the reproduction.
• Consider the warning displayed at the beginning of every video you rent
that reproduction is a violation of the Copyright Act.
• Only the owner has the right to reproduce the work.
• Secretly taping a concert, taking pictures at a filmed performance, or
recording a simultaneously recorded speech all violate the owner’s right to
reproduce the work even if there is no later sale or distribution of the
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5. Cont…
• At the suggestion of Congress, in 1978 a group of authors, publishers, and users
established a not for- profit entity called Copyright Clearance Center (CCC) to
serve as a clearinghouse granting rights to reproduce and distribute books and
periodicals.
• Authors register their works with the CCC, which then grants licenses to
academic, government, and corporate users to copy and distribute the works.
• The CCC grants permission or licenses to use works and then collects royalty fees,
which are distributed to the authors.
• Companies that photocopy articles from journals and magazines often enter into
licensing arrangements with the CCC so they can make copies of articles for
internal distribution within the company and remain in compliance with copyright
law.
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6. Rights to Prepare Derivative Works
• Section 106(2) of the Copyright Act provides that the owner of a copyright has
the exclusive right to prepare derivative works based upon the copyrighted work.
• This right is often referred to as the right to adapt the original work.
• A derivative work is broadly defined as a work based upon one or more
preexisting works, such as a translation, dramatization, fictionalization, motion
picture version, abridgment, condensation, or any other form in which a work
may be recast, transformed, or adapted.
• A work consisting of editorial revisions, annotations, elaborations, or other
modifications is also a derivative work, if the new material represents original
work of authorship.
• The copyright owner thus has the right to exclude others from adapting his or
her work or awcreating works based on the owner’s work.
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7. Cont…• One of the easiest ways to violate the copyright rights of others is by
reproducing or distributing materials without permission.
• The following are all copyright violations that are commonly committed by
students (assuming there are no exceptions):
• Copying more than an insubstantial portion of a book or article, for
example, copying an entire chapter of a textbook
• Making unauthorized copies of posters, photos, or other copyrighted
artwork
• Distributing multiple copies of an interesting article to friends and
colleagues
• Downloading music or movies without paying the necessary license fees
• Uploading copyrighted material to the Internet
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8. Rights of distribution and the first sale doctrine
• Section 106(3) of the Copyright Act provides that the owner of a copyright has
the exclusive 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.
• A violation of the distribution right can arise solely from the act of distribution
itself even if the distributor did not make an unlawful copy or know the copy
being distributed was unauthorized.
• Thus, Redbox video rental kiosks can be liable for violating an owner’s right to
distribute a movie, even if Redbox does not know that the movie was placed on
DVD without the owner’s authority.
• Authors often grant permission to others to distribute their works, including
granting licenses through entities such as the CCC.
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9. Cont…
• One key limitation on a copyright owner’s sole right of distribution is found in
Section 109 of the Copyright Act, which provides that once the author has parted
with ownership of a copy or phonorecord, the new owner of a lawfully made copy
can treat the object as his or her own and can then freely use, sell, lease, or lend
the work to another.
• The first sale doctrine does not apply to or limit the author’s exclusive rights to
prepare derivative works or rights of public performance and display, but only to
distribution rights.
• The first sale doctrine rests on the principle that once the copyright owner sells
the initial physical copy, he or she has received full economic value for the work
and should not be able to restrict future sales.
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10. Exceptions to the First Sale Doctrine
• There are some exceptions or limitations to the doctrine that once a copyright
owner parts with ownership of a copy or phonorecord he or she has lost the right
to distribute his or her work:
• The first sale doctrine applies only to lawfully made copies and phonorecords.
• Due to a special statutory exception, enacted largely at the urging of the music
industry, the first sale doctrine does not apply to commercial rentals of
phonorecords and certain computer programs.
• Those works cannot be commercially rented.
• Section 109(b) of the act specifically provides that neither the owner of a
particular phonorecord nor any person in possession of a particular copy of a
computer program may rent, lease, or lend such for commercial advantage
(without the permission of the owner of copyright in the sound recording or
computer program, respectively)
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11. The Droit de Suite Doctrine
• Droit de suite (literally, “right of continuation”) is a doctrine recognized in many
foreign countries, but not generally in the United States, that allows authors of
works of fine art to share in the appreciation of the value of a work.
• The doctrine attempts to place creators of fine art works on a level playing field
with other authors and creators.
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