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Plagiarizing Of Information Online And Offline, Mash-up Videos
Submitted to
SVKM’s
Narsee Monjee Institute of Management Studies (NMIMS)
For the award of
MASTER’S OF LAW
IN
(Corporate Law)
By
SAYALI ANUJA ANIL PURI
Under the Guidance of
Ms. Munshi Kanse
And
Mr. Sanjay Kher
(School of Law)
(Mumbai)
2015-2016
School of law, Mumbai 2015-2016 Page 2
Certificate
The work described in this dissertation entitled “Plagiarizing Of Information Online And
Offline, Mash-up Videos.” has been carried out by Mr. Sanjay Kher / Ms. Munshi Kanse
under my supervision. I certify that this is his/her bonafide work. The work described in this
dissertation is original and has not been submitted for any degree to this or any other
university.
Date: 15/07/2016 Guide:
Place: Mumbai ________________
Asst.Prof./ Asso. Prof. / Professor
(Ms. Munshi Kanse)
Head,
Department of _____________ ____________________
Dean, SOL
(School of Law)
(Mumbai)
School of law, Mumbai 2015-2016 Page 3
STATEMENT BY THE CANDIDATE:
This is to submit that this written submission in my dissertation entitled “Plagiarizing
Of Information Online And Offline, Mash-up Videos.” represents my ideas in my own
words and where others’ ideas or words have been included, I have adequately cited and
referenced the original sources. I also declare that I have abided by all the principles of
academic honesty and integrity and have not misrepresented or fabricated or falsified any
idea/ data/ fact/ source in my submission. I understand that any violation of the above will be
cause for disciplinary action by the School and can also evoke penal action from the sources
which have thus not been properly cited or from whom proper permission has not been taken
when needed.
This dissertation encompasses the information generated by me based on work carried out in
the School. I assure and hold full responsibility for its genuineness.
Ms. Sayali Anuja Anil Puri
Forwarded Through
Academic Guide (s)
1 Name of the Guide : Ms. Munshi Kanse
Designation :
Department of _________________,
School of Law,
SVKM’s NMIMS,
Vile Parle (W),
Mumbai – 400056
2 Co – Guide: Mr. Sanjay Kher
School of law, Mumbai 2015-2016 Page 4
ACKNOWLEDGEMENT:
First and foremost I would like to thank God. You have given me the power to believe in
myself and pursue my dreams. I could never have done this without the faith I have in you,
the Almighty.
I take immense pleasure to express my sincere and deep sense of gratitude towards Ms.
Munshi Kanse for introducing me to the course and motivating me enough to go for it. I
consider myself fortunate enough to work with her and getting a chance to learn under her
expert guidance. Her willingness to share abundant knowledge and expertise in this field has
helped me grow professionally.
I want to thank all my colleagues at college. They are the reason behind my successful
completion of this course and the same could not have been possible without their help.
I would like to thank my dissertation supervisor Mr. Sanjay Kher and Ms. Munshi Kanse for
their exemplary guidance.
I can barely find words to express all the wisdom and support given by my beloved parents. I
thank them for their unconditional love, endurance and encouragement.
I want to thank all my LL.M. batch mates for their friendship, help and co-operation.
I also thank Mr. Rishikesh Dave for his useful insights and for allowing us to use the facilities
of the department.
SAYALI ANUJA ANIL PURI
School of law, Mumbai 2015-2016 Page 5
ABBREVIATIONS:
BIRPI…………The United International Bureaux for the Protection of Intellectual Property
GATT……………………………………………General Agreement on Tariffs and Trade
IP………………………………………..………………………………... Intellectual Property
IPR……………………………………..…………………………..Intellectual Property Right
TRIPS…………………………………Trade-Related Aspects of Intellectual Property Rights
WIPO………………………………………………. World Intellectual Property Organization
WPPT…………………………………….. WIPO Performances and Phonograms Treaty
WTC………………………… …………………………………….World Trade Organization.
School of law, Mumbai 2015-2016 Page 6
TABLE OF CASES
 Amar Nath Seghal v. Union of India(2002(2)ARBLR130(Delhi);
2005(30)PTC253(Del)
 Baker v. Selden. 101 U.S. 99.
 Barbara Taylor Bradford vs Sahara Media Entertainment Ltd. 2004 (1) CHN 448,
2004 (28) PTC 474 Cal, 2003 47 SCL 445 Cal
 Blackwood And Sons Ltd. And Ors. vs A.N. Parasuraman And Ors. AIR 1959 Mad
410 on 28 February, 1958
 Civic Chandran v. Ammini Amma LAWS(KER)-1996-2-40 High Court Of Kerala
Decided on February 27,1996
 Donaldson v. Beckett (1774) 2 Brown's Parl
 Hubbard v Vosper, [1972] 2 Q.B. 84,
 Millar v. Taylor (1769) 4 Burr.
 R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978 (AIR 1978 SC 1613)
 Smt. Mannu Bhandari v. Kala Vikash Pictures Pvt. Ltd. and Anr. AIR 1987 Delhi 13,
ILR 1986 Delhi 191
 Super Cassettes Industries ... vs Mr Chintamani Rao & Ors. on 11 November, 2011
 Vipul Amrutlal Shah vs Shree Venkatesh Films Pvt. Ltd. & ... on 10 August, 2009
School of law, Mumbai 2015-2016 Page 7
Table of Contents
ACKNOWLEDGEMENT:............................................................................................................ 4
ABBREVIATIONS...................................................................................................................... 5
TABLE OF CASES...................................................................................................................... 6
SYNOPSIS................................................................................................................................ 10
CHAPTER 1.............................................................................................................................. 20
Introduction ............................................................................................................................... 20
1. History of plagiarism........................................................................................................... 20
1.1.1 Some of the great Plagiarist....................................................................................... 21
1.1.1 T. S. Eliot............................................................................................................. 21
1.1.2 Martin Luther King Jr........................................................................................... 21
1.1.3 Jane Goodball....................................................................................................... 22
1.1.4 Helen Keller......................................................................................................... 22
1.2 DIGITAL MEDIA PLAGIARISM................................................................................ 22
1.3 HISTORY OF COPYRIGHT ....................................................................................... 23
1.3.1 The First “Copyright” Dispute ............................................................................... 24
1.3.2 THE STATUTE OF ANNE – 1710........................................................................ 25
1.3.3 BERNE CONVENTION FOR THE PROTECTIONOF LITERARY ANDARTISTIC
WORKS 26
1.4 History of copyright laws in India:-............................................................................... 31
1.4.1 The East India Company:-..................................................................................... 31
1.4.2 The Copyright Act, 1911....................................................................................... 31
1.4.3 The Copyright Act, 1957...................................................................................... 32
1.5 Fair Use ...................................................................................................................... 32
CHAPTER 2.............................................................................................................................. 36
Literature Review....................................................................................................................... 36
2.1 Plagiarism, Intellectual Property and the Teaching of L2 Writing : Explorations in the
Detection based Approach....................................................................................................... 36
2.2 Original Copy: Plagiarism and Originality in Nineteenth-Century Literature ......................... 38
2.3 Plagiarism ................................................................................................................... 39
2.4 Steal This Music : How Intellectual Property Law Affects Musical Creativity.................. 41
2.5 Film and Television Distribution and the Internet: A Legal Guide for the Media Industry.... 42
2.6 Creative Artist's Legal Guide : Copyright, Trademark and Contracts in Film and Digital
Media Production ................................................................................................................... 43
2.7 Copyright Law and a Brief Look at the Google Library Project......................................... 44
School of law, Mumbai 2015-2016 Page 8
2.8 New Media Theory : Mics, Cameras,Symbolic Action : Audio-Visual Rhetoric for Writing
Teachers................................................................................................................................. 45
2.9 Invention, Copyright, and Digital Writing ....................................................................... 46
2.10 Remix the book ........................................................................................................... 47
2.11 Copyright and Piracy................................................................................................... 48
2.12 How to Fix Copyright ................................................................................................. 49
2.13 Copyrights and Copy wrongs : The Rise of Intellectual Property and How it Threatens
Creativity (1).......................................................................................................................... 50
2.14 Intellectual Property Law Library, Volume 2 : Protection of Broadcasters' Rights ........... 51
2.15 Copyright Protection and Information Technology, An Indian perspective....................... 52
2.16 Law of Intellectual Property right................................................................................. 53
2.17 Law of Intellectual Property right................................................................................. 54
2.18 copinger and skond james on copyright ........................................................................ 55
2.19 Intellectual Property and Competitive Strategies in 21st Century 2nd Edition (English)....... 56
2.20 Intellectual Property: Patents, Copyright, Trademarks and allied Rights ............................ 57
Chapter 3................................................................................................................................... 58
Research Methodology ............................................................................................................... 58
3.1 Purpose of study:......................................................................................................... 58
3.2 Objective:.................................................................................................................... 58
3.3 Statement of problem ................................................................................................... 58
3.4 Statement of Hypothesis:.............................................................................................. 58
3.5 Arguments:.................................................................................................................. 59
3.6 Methodology:.............................................................................................................. 59
3.7 Scope:......................................................................................................................... 60
3.8 Tools: ......................................................................................................................... 60
a) Primary Data............................................................................................................... 60
Secondary Data:.................................................................................................................. 61
3.9 Research Design .......................................................................................................... 61
3.10 Limitation of the study:................................................................................................ 62
3.14 Definitions of terms ..................................................................................................... 62
1. Plagiarism:-................................................................................................................. 62
2. Copyright:-.................................................................................................................. 62
3. Mash-up...................................................................................................................... 63
4. Fair Use:-.................................................................................................................... 63
5. Moral Right................................................................................................................. 63
School of law, Mumbai 2015-2016 Page 9
6. Public Domain............................................................................................................. 63
7. Parody:- ...................................................................................................................... 64
CHAPTER 4.............................................................................................................................. 65
Analysis and Findings................................................................................................................. 65
4.1 Articles in the Berne Convention .................................................................................. 65
4.2 Rome Convention for the Protection of Performers,Producers of Phonograms and
Broadcasting Organisations (1961)........................................................................................... 67
4.3 WIPO Copyright Treaty (WCT) (1996) ......................................................................... 69
4.4 What is plagiarism?...................................................................................................... 72
4.5 Video Mash-up............................................................................................................ 74
4.6 How does one identify plagiarism ?............................................................................... 75
4.7 Fair Use ...................................................................................................................... 78
4.8 Moral Right & plagiarism............................................................................................. 80
4.9 Copyright Infringement:............................................................................................... 82
CHAPTER 5.............................................................................................................................. 85
Conclusion and Suggestion ......................................................................................................... 85
5.1 The Thin Line Of Difference Between What Will Amount To Plagiarization And What Will
Amount To Infringement. ........................................................................................................ 85
5.2 Fair Use and Copyright Infringement ............................................................................ 87
5.3 Plagiarism in music composition................................................................................... 89
Some cases on music infringement:...................................................................................... 90
5.4 Would video mash-up amount to plagiarism or copyright infringement ........................... 91
5.5 Landmark judgments/ scandals of plagiarization (foreign and India).............................. 94
5.6 Should Plagiarism and Video mash-up amount to infringement....................................... 98
5.7 Answering the Hypothesis ...........................................................................................100
5.7 Mumbai University dealt with the Plagiarism Problem ..................................................101
5.8 Lacuna in the Copyright Act........................................................................................103
5.9 Future scope of research..................................................................................................108
Bibliography:- ...........................................................................................................................110
References:-..............................................................................................................................115
School of law, Mumbai 2015-2016 Page 10
SYNOPSIS
Introduction (in brief):
This dissertation will talk about the elevated growth and instances of plagiarism in the Indian
research study. The cause of this is because today there is a load on the students to reach
deadlines, lack of encouragement to research, lack of expertise and absence of proper
guidance by supervisors. Secondly this dissertation will look into the present mash-up of
music and video given to the emergence of today’s “mash-up” culture, and the legal
uncertainty around the mash-ups, now would be the right time for policy makers to take a
new look at the copyright law. The dissertation will help to know how to manage plagiarism
and what will be the effective methods to put a stop to it and the remix culture how effective
and how should one define “fair use” for the remixed work.
Statement of problem
To find out the thin line of difference between plagiarism and copyright infringement
To determine how to curb the act of plagiarism;
Would video mash-up amount to plagiarism or copyright infringement.
Hypothesis:
Whether there is any kind of material which can be plagiarised?
Whether there is any kind of material which gets stolen more often?
Whether it is only the students who plagiaries?
Whether the advanced technology has made it easy to copy videos and remix it?
Objective/s & Rationale of the work:
The rationale behind the work is to give a comparative analysis of plagiarism and
infringement and bring about a understanding of what is original work and what is not.
To understand videos mash-up.
School of law, Mumbai 2015-2016 Page 11
What is Fair use. Up to what extend would it be fair use (substantial material).
The rationale behind the work is to give a comparative analysis of plagiarism and fair use and
bring about a understanding of what is original work and what is not. After understand
plagiarism we will understand videos mash-up and infringement related to that and till what
extend the videos can or cannot be remixed and used.
Proposed Plan of work:
As I have taken majority of my information from my primary sources and basically from
books and cases and online URL ,therefore my plan to work on the dissertation research
problem will be dealing under the limelight of these books and cases as they give a better
understanding towards the objective of my study. I have gathered all the information from
online sources, for the access given from our college (NMIMS University) to the students for
reading books , plus I have gathered information by referring to books from the library.
These books and URL give us a brief description on the problem object and help us to come
up to a solution bringing about a brief and a concise study on the these object problem.
Primary resources: the main data will be will be taken from Statutes and Case Law. They will
form the basis of the research. It will be the backbone of my study as primary sources have
given me a clear picture of the problems that are being faced in the copyright world and
things that need to change
Secondary sources: additional data will be from the literature review with all the analysis in
the book, and various write up from the various journal and scholarly articles. Secondary
sources give us a analysis which is already assumed, in the topic.
Chapter I
Introduction
Chapter one will give us the brief introduction The history of copyright law starts with early
human rights and monopoly granted to printers of books. It started early from the ,
British Statute of Anne 1710, full title the Act for the support of Learning, by vesting the
Copies of Printed Books in the Authors or purchasers of such Copies, in the Time mention
within, was the first copyright statute during the 1710. Initially copyright on consisted to
School of law, Mumbai 2015-2016 Page 12
copywriting of books and now it consists of computer software, musical, artistic, painting,
photographs and sound recording etc. The individual self is important in copyright because it
differentiates the creativity produced by an individual from the rest of society. In ancient
Jewish Talmudic law there can be found recognition of the moral rights of the author and the
economic or property rights of an author. This study will give us a brief discussion on history
of copyright from UK to USA. Early 1880’s was the introduction of conventions where many
countries together were bought under one convention for the protection of intellectual
property rights The Berne Convention was initially recognized in 1886, and was then re-
negotiated in 1896 (Paris), 1908 (Berlin), 1928 (Rome), 1948 (Brussels), 1967 (Stockholm)
and 1971 (Paris). The protection of the rights of authors in their literary and artistic works is
article I of the convention. In chapter one I will give a brief discussion of the Berne
convention strictly dealing with copyrights and various ways of protecting the copyright,
After which a brief discussion and definition of copyright laws in India and infringement
rights.
Chapter II
Literature Review.
As part of a thesis, the literature review helps you to show your information of previous work
in your field and to situate your own research in the context of this work. The literature
review will form one distinct chapters of this dissertation may also be part of the introductory
chapter or be incorporated as background for a number of chapters. However the review is
incorporated and it the total backbone on the field of my study
A literature review can have a number of purposes within a thesis.
Chapter II consists of a brief annotated bibliography of citations to books, and articles given
below in the list of references. Each citation is followed by a brief description of about 150
words descriptive and evaluative paragraph. The purpose of the annotation is to inform the
reader of the relevance, accuracy, and quality of the sources cited in the dissertation few
paragraphs of the book will be cited in the any of the chapters in the dissertation.
Literature review will give us a brief understanding of the research problem and the aim we
are trying to reach in this research paper
A literature review consists of these things as follows
School of law, Mumbai 2015-2016 Page 13
It is organized around and related directly to the research question I am developing synthesize
results into a summary of what is and is not known identify areas of controversy in the
literature
formulate questions that need further research In my dissertation I have referred to in total 15
books, which pertains to a important part of my thesis. This chapter will explain the literature
reviews and offer insights into the form and construction of literature in copyright
specifically.
Chapter III
Research methodology
We will study cases on plagiarism, fair use, and give a brief description of copyright
infringement so that we can differentiate between plagiarism and infringement, and how fair
use plays a vital role in plagiarism. Our research will be “pure and exploratory” method, pure
as we are trying to solve our hypothesis, and exploratory as we have some idea about our
research problem, and also quality research as we have information and no statistical data in
our analysis.
Statement of Problem:
My problem statement is the picture of an issue at present existing which needs to be tackled.
It aims to prove the context for the research study and create the query which the study aims
to answer
To find out the thin line of difference between plagiarism and copyright infringement
To determine how to curb the act of plagiarism;
Would video mash-up amount to plagiarism or copyright infringement.
Hypothesis
School of law, Mumbai 2015-2016 Page 14
And brief description of out hypothesis will be given and how the research will be conducted
keeping which factors in mind, how we will implement the study, and proving out
hypothesis.
Whether there is any kind of material which can be plagiarised?
Whether there is any kind of material which gets stolen more often?
Whether it is only the students who plagiaries?
Whether the advanced technology has made it easy to copy videos and remix it?
Aim
The rationale behind the work is to give a comparative analysis of plagiarism and
infringement and bring about a understanding of what is original work and what is not.
To understand videos mash-up.
What is Fair use. Up to what extend would it be fair use (substantial material).
Definitions of terms
Plagiarism:- The act of appropriating the literary composition of another, or parts or passages
of his writings, or the ideas or language of the same, and passing them off as the product of
one’s own mind.
Copyright:- Copyright is a right given by the law to creators of literary, dramatic, musical 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. There could be slight variations in the composition of
the rights depending on the work.
Mash-up:- A paper that represents a mix of copied material from several different sources
without proper citation or movie or video having characters or situations from other sources
or a Web service or application that integrates data and functionalities from various online
sources
School of law, Mumbai 2015-2016 Page 15
Fair Use:- According to section 52 copyrights act (a) fair dealing with a literary, dramatic,
musical or artistic work [not being a computer programme] for the purposes of- (i) private or
personal use, including research; (ii) criticism or review, whether of that work or of any
other work (b) a fair dealing with a literary, dramatic, musical or artistic work for the
purpose of reporting current events- (i) in a newspaper, magazine or similar periodical, or
(ii) by broadcast or in a cinematograph film or by means of photographs. (iii) the reporting of
current events, including the reporting of a lecture delivered in public. Explanation. The
storing of any work in any electronic medium for the purposes mentioned in this clause,
including the incidental storage of any computer programme which is not itself an infringing
copy for the said purposes, shall not constitute infringement of copyright.
Moral Right:- Rights that the creator of a copyrighted work has to ownership and control of
the work, as recognized by civil law and some common law jurisdictions. Moral rights
typically include the right to the integrity of the copyrighted work, the right
to publish anonymously or under a pseudonym, and the right of attribution. Moral rights are
different from the economic rights rendered by copyrighting.
Chapter IV
Analysis and findings
Chapter IV will consist of the present findings, as I have referred to a number of book which
will bring a brief understanding on the topic of Plagiarizing Of Information Both Online And
Offline, Mash-up Video. The chapter will start with a brief definition of Plagiarization and
cases pertaining to plagiarization, and types of plagiarization. Today we have digital media
plagiarization the types are as follow
1. CLONE: An act of submitting another’s work, word-for-word, as one’s own.
2. CTRL-C: A written piece that contains significant portions of text from a single source
without alterations.
3. FIND–REPLACE: The act of changing key words and phrases but retaining the essential
content of the source in a paper.
4. REMIX: An act of paraphrasing from other sources and making the content fit together
seamlessly.
School of law, Mumbai 2015-2016 Page 16
5. RECYCLE: The act of borrowing generously from one’s own previous work without
citation; To self plagiarize.
6. HYBRID: The act of combining perfectly cited sources with copied passages—without
citation—in one paper.
7. MASH-UP: A paper that represents a mix of copied material from several different sources
without proper citation.
8. 404 ERROR: A written piece that includes citations to non-existent or inaccurate
information about sources.
9. AGGREGATOR: The “Aggregator” includes proper citation, but the paper contains almost
no original work.
10. RE-TWEET: This paper includes proper citation, but relies too closely on the text’s
original wording and/or structure.
My study will give a detailed analysis of these types of plagiarization digital media, after this
in my study I will be dealing of mash-up of videos. How does one know if the video used is a
fair use? So to define fair use we need to keep these factors in mind
the purpose and character of the use,
the nature of the copyrighted work,
the amount and substantiality of the portion used, and
the effect of the use on the potential market for or value of the copyrighted work.
I will give a detailed analysis on “Fair Use” according to the copyright laws. What is fair use
and relevant cases. The famous case in the USA court of law Bridgeport Music, Inc. v.
Dimension Films, 410 F.3d 792 (6th Cir. 2005), is a court case that has proved important in
defining American copyright law for recorded music. The case centered on N.W.A.’s song
"100 Miles and Runnin'" and Funkadelic's "Get Off Your Ass and Jam".
Essentially, N.W.A. sampled a two-second guitar chord from Funkadelic's tune, lowered the
pitch and looped it five times in their song. hence the court had passed a judgment to get A
license and not to sample because they did not see any creativity in the music.
School of law, Mumbai 2015-2016 Page 17
Chapter V
Conclusion and Suggestion
Chapter V will deal with the thin line of difference between plagiarization and actually what
is not plagiarization Chapter IV will deal with the finding in cases and the reviews and
understanding, apart from that we will be dealing with fair use. We will be provide relevant
judgment and famous cases and scandals in plagiarization. It will be a brief discussion on the
findings on the cases and scandals what is plagiarization and how is it differentiate as today
there is a thin line of difference between them. After which we will talk about video mash-up
up which comes under copyright infringement and plagiarism.
One of the sub heads will be the copyright infringements which will deal with plagiarism and
upon infringement what laws will be used and will come which section. Chapter IV will give
us a details study, upon infringement which law should one refer too and till what extend one
can refer to that far or section will it be a civil or criminal law.
This chapter will deal with my conclusion and own finding, it will give a brief view that upon
infringement which laws and how do they apply. It will give a brief study upon my
evaluation on copyright and plagiarism. How important these matters are today how
necessary it has become to study thses cases and provide a safe outcome in these matters.
This chapter will be a brief conclusion on my finding and my method to deal with the
problems.
It will also deal with the lacuna in the copyright law mainly dealing with territorial
jurisdiction, that is issues with boundaries, were the cases have to be filed and will also deal
with the economical aspect, economic aspect of copyright infringement.
Future Scope of study
Today plagiarism is found in almost all fields of copyright : literature, music, design, online
offline etc. That is why nowadays a lot of notice is given to recognize and discovery of
plagiarism. We find that many challenges can be explained by lack of knowledge about the
legal or policy rules. Today there is a lot of misconception and confusion about the copyright
laws, among the content creator and consumers, they do not have sufficient knowledge about
these laws and hence need guidance, or need to be informed about the Laws.
School of law, Mumbai 2015-2016 Page 18
In today’s world how can we minimise plagiarism?
How will the growing technology help one to curb plagiarism?
Is there any plagiarism prevention technology that could detect duplicate video content across
the web?
References:
 Plagiarism, Intellectual Property and the Teaching of L2 Writing : Explorations in the
Detection based Approach.
By: Bloch, Joel
 Original Copy : Plagiarism and Originality in Nineteenth-Century Literature
By: MacFarlane, Robert
 Plagiarism
By: Marsh, Bill
 Steal This Music : How Intellectual Property Law Affects Musical Creativity
By: Demers, Joanna
 Against Intellectual Monopoly
By: Boldrin, Michele, Levine, David K.
 Film and Television Distribution and the Internet : A Legal Guide for the Media
Industry
By: Sparrow, Andrew
 Creative Artist's Legal Guide : Copyright, Trademark and Contracts in Film and
Digital Media Production
By: Seiter,Bill,Seiter, Ellen
 Copyright Law and a Brief Look at the Google Library Project
By: Rhodes, Brett D
 New Media Theory : Mics, Cameras, Symbolic Action : Audio-Visual Rhetoric for
Writing Teachers
By: Halbritter,Bump
 Invention, Copyright, and Digital Writing
By: Rife, Martine Courant
 Remix the book
By: Amerika, Mark
School of law, Mumbai 2015-2016 Page 19
 Copyright and Piracy
By: Bently,LionelDavis,Jennifer Ginsburg, Jane C.
 How to Fix Copyright
By: Patry, William
 Copyrights and Copywrongs : The Rise of Intellectual Property and How it Threatens
Creativity (1)
By: Vaidhyanathan, Siva
 Intellectual Property Law Library, Volume 2 : Protection of Broadcasters' Rights
By: Ogawa, Megumi
School of law, Mumbai 2015-2016 Page 20
CHAPTER 1
Introduction
1. History of plagiarism
"Immature poets imitate; mature poets steal" - TS Eliot.
Plagiarism, as said is copying someone else’s work without citation. Plagiarism is writing
someone else’s art or creativity and claiming it as oneself, plagiarism is not just copying
someone else work and claiming it as one’s own work but it also covers misappropriation,
faulty citation, imitation, cheating, copyright infringement as there is a thin line of difference
between infringement and plagiarism, would include plagiarism.
The word plagiarism is derived from the Latin word plagiaries, which means to kidnap or
abduct. The word began to be used in the English language sometime during the 1600s.
While it originally meant to literally kidnap someone, it gradually came to mean to pass off,
in part of whole, someone else's work as your own.1 Plagiarism as simple as the word looks,
is as simple to understand, plagiarism simply means acknowledgement of the authors work.
The plagiarist cleverly disguises the original text by seeking to hide his misdemeanour and
make us forget his source, the author of pastiches signals to the reader, through overwrought
stylistic devices, that a game is being played. He does not intend to steal the work, as does the
plagiarist, or steal the author’s signature, as does the forger. The author of pastiches is not a
cheat but a prankster.2
If we go back way in the 40 AD, we can say our first Roman poet Martial who introduced the
word plagiarism when he knew that his work was being misused by other poets, he was the
one who said that plagiarism was derived from the Latin word “Plagiarius”, Martial had said
that his work was copied by another poet Fidentinus use his Martials work and claims it to be
his own, during that era there were no copyright laws to protect the people from other people
who would plagiaries their work. Therefore Martial through many of his other poems pointed
1
http://timesofindia.indiatimes.com/home/sunday-times/Whats-the-origin-of-the-word-
plagiarism/articleshow/1519035.cmsAccessed on12th June 2016,
2
Stealing the Fire. Amsterdam, NL: Rodopi,2010. ProQuest ebrary. Web. 12 June 2016.
School of law, Mumbai 2015-2016 Page 21
out at the poets who stole his poems and claimed it as his own, he made it a point to name all
the poets in his poems whoever had stolen his work, specially pointing out to Fidentinus he
had worse the verse,
“FAME HAS IT THAT YOU, FIDENTINUS, RECITE MY BOOKS TO THE CROWD AS IF
NONE OTHER THAN YOUR OWN.
IF YOU’RE WILLING THAT THEY BE CALLED MINE, I’LL SEND YOU THE POEMS
FOR FREE.
IF YOU WANT THEM TO BE CALLED YOURS, BUY THIS ONE, SO THAT THEY WON’T
BE MINE.3”
Martial has said that “Fidentinus” will not succeed in becoming as a great poet Martial is
because he lack creativity and expert, indirectly Martial tried to tell us that one needs to be
creative to produce his own original work and copied and work will not take the person far
away.
1.1.1 Some of the great Plagiarist
1.1.1 T. S. Eliot
Plagiarism is the fails to give credit to the original writer, another famous case of plagiarism
was, T. S. Eliot "stole" the famous opening of Shakespeare's barge passage, "The barge she
sat in, like a burnish'd throne, / Burn'd on the water" becoming "The Chair she sat in, like a
burnished throne, / Glowed on the marble."4 Eliot was knows the word kleptomaniac, in his
Famous book The Waste Land. Plagiarism in the broad sense is really ambiguous word as
there is no specific meaning given to it. Plagiarism can ruin a writers carrier, it can make a
living of a person shut in just the few verses he copies without giving the author proper
acknowledgement. These were the two prominent cases and famous cases through which we
understand the term of plagiarism.
1.1.2 Martin Luther King Jr
Martin Luther King Jr very well know politician in the United State during the 50’S and
60’S was a part of the civil war, had plagiarized his dissertation project when he was studying
3
https://www.plagiarismtoday.com/2011/10/04/the-world%E2%80%99s-first-plagiarism-case/ last Accessed
on12th
june 2016 at 2 30
pm
4
http://www.theatlantic.com/magazine/archive/2002/04/on-plagiarism/302469/ accessed on 12th
june 2016,2
30Pm
School of law, Mumbai 2015-2016 Page 22
to get a doctorate degree, Martin Luther King Jr was accused of using improperly sources and
material for this dissertation and not giving proper acknowledgement to the rightful authors,
in-spite of the plagiarism been known to the university they did not take any action against
the king.
1.1.3 Jane Goodball
The 2003 Modern Language Association (MLA) Handbook for Writers of Research Papers
recalls the Latin plagiarius in defining plagiarism as a “form of cheating” involving the
wrongful usurpation of another’s intellectual property5 as we approach the 2000’s era Jane
Goodball a very well knows scientist and a lady who is a animal activist wrote many books
on chimpanzees. Goodwill had plagiarised her book “seed of hope” in various ways, she has
taken paragraphs and various other sources from other places and had not acknowledge the
same to the respective authors, so much she has stolen material from Wikipedia and
Astrology sites and given it her own name, so much so she had copied various other material
from various other sources and not given proper acknowledgement to it (by proper
acknowledgment is I mean she has given acknowledgement at the end of the book but had not
specified where what is written) , her book was revoked from but later been released in 2014,
this was her first plagiarism and since she was a idol for many people, no such action was
taken against her.
1.1.4 Helen Keller
The Frost King was short story of The Frost King, written by Helen Keller who was just 11
years at that time , she had lost her eyesight at the age of 19 months, Helen Keller was
accused of copying the story of “frosty faires” written by Margaret Canby , there was lots of
similarity by the story line of both the books, Helen Keller was already a child celebrity by
the age of 9, but because of her young age she was not accused of plagiarism but the people
who were around her were accused her of plagiarism, we can say because she was young and
a blind she was not accused, thus after which she was not accused of any plagiarism in her
entire carrier.
1.2 DIGITAL MEDIA PLAGIARISM.
5
Marsh, Bill. Plagiarism. Ithaca,US: SUNY Press, 2007.ProQuest ebrary. accessed on Web. 12 June 2016.
School of law, Mumbai 2015-2016 Page 23
What exactly is plagiarism? The Merriam-Webster Online Dictionary defines plagiarism as:
1) stealing and passing off (the ideas or words of another) as one's own; 2) using (another's
production) without crediting the source; 3) committing literary theft and 4) presenting as
new and original an idea or product derived from an existing source.6
The Oxford dictionary defines plagiarism as "To take and use somebody else's ideas, words,
etc. as if they were one's own."
The rapid development and expansion of digital technology has transformed academic
dishonesty into "digital cheating" on campuses across the country. “In a 2006 article in the
New York Times, college educators and administrators addressed the issue concerning how
digital forms of academic misconduct have been on the increase”7. Digital forms of cheating
may not be dissimilar in kind, but could be less effortful, mainly with the ease of using a
copy-and-paste function to fit in others' digital text into one's own.
With the introduction of computer writing in the mid 2000’s, what we will call digital age
writing, came ubiquitous and highly useful functions “copy and paste”. Moving paragraphs of
texts around from one part of a document to another was not that easy; in fact, for people
used to the deadly physical cutting and pasting on the layout table. But Digital age is
supposed to be a boon, as they say, but it comes with its own curse. As the internet and the
World Wide Web brought the whole world together, it became possible not only to copy and
paste within one's own computer but also from the zillions of documents on practically every
conceivable topic under the tip of a click, readily available in the wide world of the web. Put
that together with the prehistoric urge of the dishonest writer to make it big the easy way, on
one said internet is a boon and a on the other side a curse, where it helps one to increase their
knowledge it puts a stop to the develop there capacity of thinking. Online plagiarism is
growing in India and outside India, with so much of available data available online and
different hosts and colleges providing us with so many research sites, instead of research
people tend to search of information that they can include in their work
1.3 HISTORY OF COPYRIGHT
6
http://search.proquest.com.ezproxy.svkm.ac.in:2048/docview/1698951455/49DDF4B165F42A1PQ/2?accounti
d=32277 last Accessed on12th
June 2016.
7
http://search.proquest.com.ezproxy.svkm.ac.in:2048/docview/908974952/1A32C11D1A6E407DPQ/7?accounti
d=32277 last Accessed on12th
June 2016
School of law, Mumbai 2015-2016 Page 24
The advent of movable type in 1436 caused a production of books across Europe. It is
estimated that before Gutenberg’s printing press the number of books in all
of Europe numbered in the thousands, but that within 50 years, that number approached ten
million. Such volatile growth and its associated economic chance created an immediate need
for protection of the rights of both author and publisher from the earliest of literary pirates.
As we have seen the plagiarism cases, already mentioned above we could see the rise in
plagiarism.
The world’s first copyright law, the Statute of Anne, was enacted in England in
1710. Exercising its power under the newly adopted Constitution to secure the rights of
authors and inventors, Congress passed an act almost identical to the Statute of Anne as the
first American copyright law in 1790.
As books continued to be easier, faster, and cheaper to produce and distribute, domestically
and internationally, in Europe and North America, it became clear that enhanced protection
of authors and uniform international copyright standards were required. One such movement
for international uniformity led to the Berne Convention and its 1887 adoption of certain,
standard, minimum levels of copyright protection and their enforcement in the member
countries across Europe and elsewhere the world.
The present day is the locus of the most intense and most extensive expansion of
technological progress in recorded history. Thus, if history is any lesson, this is an era in
which broader, more secure copyright rights are essential to protect the rights of thinkers,
writers, visionaries.
1.3.1 The First “Copyright” Dispute
The first known dispute over ownership rights to the in print had word take place round about
560 A.D., resulting may be described as the first copyright settlement and the first
recognition that the ownership of a creative work is akin to ownership of other types of
property.
The dispute arose in Ireland among Saint Columba and Saint Finnian. Saint Columba ,
without the permission of Saint Finnian , copied a Latin Psalter which was owned by Saint
Finnian, who placed huge value on the literally work. When Finnian had the knowledge of
what had happened due to a small amount of his negligence, he demanded the copy from
Saint Columbia, but Saint Columbia refused to admit defeat. Saint Finnian then petitioned
School of law, Mumbai 2015-2016 Page 25
Dermott, the King of Ireland, who in his verdict, which was in favour of Saint
Finnian stating, "to every cow belong its calf, so to every book belong its copy." The King
indirectly tried to tell us the original copy will belong to the original producer.
1.3.2 THE STATUTE OF ANNE – 1710
In January 1710, The Status of Anne bill was put forth before The House of Commons, and
after a lot of deliberation and revision , in April 1710, it became effective as the Statute of
Anne, “An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books
in the Authors or Purchasers of such Copies, during the Times therein mentioned.”8
“The Statute of Anne, was a small statute which included of eleven parts.
“ One, to promote learning.
 Second, to prevent any other person save the author to print or reprint the
book/literary work for a limited duration of 21 years in its retroactive operation.
The statute had an additional affirmative angle as regards the economics of publishing
involved in that it titled the same in favour of the citizen and any person could now bring a
complaint against the bookseller or the printer if they charged a price which such a person
conceived to be too high and unreasonable. This Act did not confer a monopolistic status to
the authors but only secured them the right to be entitled to their legitimate dues. However
the increase in the term of protection to the lifetime of the author was still due and took place
subsequently.”9
The case of Millar v. Taylor, brought triumph to the Stationer as their perpetual protection
of common right was upheld. However, this decision could not stand the test of time and five
years later, the House of Lords overruled Millar’s decision that no perpetual copyright existed
in copyright law. This principle of balancing the exclusive right of the author or publisher in
the work came with the historic judgment of the House of Lords in the case of Donaldson v.
Beckett. Queen Anne’s Statute was the first statute, which opened the gates for the law of
copyright in its true sense and afforded protection to the authors for their creative works, as
its prime objective, rather than protecting the monopoly of publishers, who indulged in unjust
enrichment of their pockets under the sanction of law at the expense of such ‘men of letters’.
The statute was indeed a turning point in the history of copyright laws.
8 http://www.garph.co.uk/IJARMSS/Jan2015/7.pdf accessed on 12th june 2016,at 2:45 Pm
9 http://www.garph.co.uk/IJARMSS/Jan2015/7.pdf accessed on 12th june 2016,at 2:45 Pm
School of law, Mumbai 2015-2016 Page 26
As the first modern copyright law, the Statute of Anne recognized copyright as an author's
right, a major and important change in philosophy and in law. The Statute of Anne required
the authors or owners of the rights to register their works in the Stationers’ Company register
book as a condition of protection. Under this statute, if the author were living at the end of
the initial fourteen year term, the author would receive another term of exclusive copyright
protection for another fourteen year term.
1.3.3 BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND
ARTISTIC WORKS
The Berne Convention for the Protection of Literary and Artistic Works, usually known as
the Berne Convention, is an international agreement governing copyright, which was first
accepted in Berne, Switzerland, in 1886 Following a campaign by French writer Victor Hugo
and his Association Littéraire et Artistique International the Berne Convention for the
Protection of Literary and Artistic Works is agreed. The aim is to give creators the right to
control and receive payment for their creative works on an international level. Works
protected include:
 “novels, short stories, poems, plays;
 songs, operas, musicals, sonatas; and
 drawings, paintings, sculptures, architectural works”.10
1.3.3.1 Madrid Agreement - 1891
With the adoption of the Madrid Agreement, the first international IP filing service is
launched: the Madrid System for the international registration of marks. In the decades that
follow, a full spectrum of international IP services will emerge under the auspices of what
will later become WIPO.11
1.3.3.2 World Intellectual Property Organization (WIPO)1996
Hence after the Madrid Convention in 1893, the United International Bureaux for the
Protection of Intellectual Property (BIRPI) was established to administer the Berne
Convention from its city of origin. PIRPI moved to Geneva in 1960, for proximity to the
United Nations offices there. In 1970, the World Intellectual Property Organization (WIPO)
was established to take the place of BIRPI, and in 1974, WIPO became a part of the UN. 160
10
http://www.wipo.int/about-wipo/en/history.html last Accessed on12th June, 2016 at 12.45 PM
11
Ibid
School of law, Mumbai 2015-2016 Page 27
counties were a part of the Berne convention, time and again the Berne convention was
amended by making changes in the rights of the owner, in 1908 to make the duration of
copyright the life of the author plus 50 years, but that amendment was not obligatory for the
member, countries with a shorter term were allowed to keep hold to their present terms.
There are currently 35 countries in the world that have a term of life plus 70 years including
the US, UK, Germany, France, Italy and Switzerland. Two countries that have longer terms –
Mexico (life plus 100 years) and Guatemala and (life plus 75 years).
In 1996, the WIPO Copyright Treaty was adopted which had in its preamble:
“Desiring to develop and maintain the protection of the rights of authors in their literary and
artistic works in a manner as effective and uniform as possible, . . . Recognizing the
profound impact of the development and convergence of information and communications
technologies on the creation and use of literary and artistic works, . . . Recognizing the need
to maintain a balance between the rights of authors and the larger public interest, particularly
education, research and access to information, as reflected in the Berne Convention.”12
1.3.3.4 TRIPS (Trade-Related Aspects of Intellectual Property Rights) 1995
The TRIPS “Agreement had came into effect on 1 January 1995, is to date the most complete
mutual agreement on intellectual property. The areas of intellectual property that it covers
are: copyright and related rights (i.e. the rights of performers, producers of sound recordings
and broadcasting organizations); trademarks; geographical indications; industrial designs;
patents, including the protection of new varieties of plants; and undisclosed information
together with trade secrets”.
The Three main features of the Agreement are:
1) Standards: In respect of each of the main areas of intellectual property covered
by the TRIPS Agreement sets out the minimum standards of protection to be
provided by each Member. Each of the main elements of protection is defined,
namely the subject-matter to be protected, the rights to be conferred and
permissible exceptions to those rights, and the minimum duration of protection.
The Agreement sets these standards by requiring, first, that the substantive
obligations of the main conventions of the WIPO, the Paris convention for the
12
http://www.historyofcopyright.org/pb/wp_f12e0c69/wp_f12e0c69.html last Accessed on12th June 2016, at
12:50 PM
School of law, Mumbai 2015-2016 Page 28
protection of industrial property (Paris convention) and the Berne Convention for
the protection of literary and Artistic Works (Berne Convention) in their most
recent versions must be complied with. With the exception of the provisions of the
Berne convention on moral rights, all the main substantive provisions of these
conventions are included by reference and thus become a duty under the TRIPS
Agreement between TRIPS member countries.
2) Enforcement: The second main set of provisions deals with domestic procedures
and remedies for the enforcement of intellectual property rights. The Agreement
lays down certain general principles applicable to all IPR enforcement procedures.
In addition, it contains provisions on civil an administrative procedures and
remedies, provisional measures, special requirements related to border measures
and criminal procedures, which specify, in a certain amount of detail, the
procedures and remedies that must be available so that right holders can
effectively enforce their rights.
3) Dispute settlement: The Agreement makes settlement procedures of disputes
between WTO members about the respect of the TRIPS obligation subject to the
WTO’s dispute. “In addition the Agreement provides for certain basic principles,
such as national state and most- favoured-nation treatment and some general rules
to ensure that procedural difficulties in acquiring or maintaining IPR do not
nullify the substantive benefits that should flow from the Agreement. The
obligations under the Agreement will apply equally to all member countries, but
developing countries will have a longer period”.
1.3.3.5 TRIPS According to Copyright Laws
During the Uruguay Round negotiations, it was recognized that the Berne Convention
already, for the most part, provided adequate basic standards of copyright protection13n as it
was said Paris Convention and Berne Convention had laid down the foundation for copyright,
they had laid down the standard in which copyright had evolved and what they had to follow,
TRIPS only went a step further, “Members do not have rights or obligations under the TRIPS
Agreement in respect of the rights conferred under Article 6bis of that Convention, i.e. the
13
https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm last Accessed on12th June 2016, at 2:00 PM
School of law, Mumbai 2015-2016 Page 29
moral rights (the right to claim authorship and to object to any derogatory action in relation to
a work, which would be prejudicial to the author's honour or reputation), or of the rights
derived there from”14
The TRIPS Agreement include certain details.
Article 9.2 confirms that copyright protection shall extend to expressions and not to ideas,
procedures, and methods of operation or mathematical concepts as such.
Article 10.1 provides that computer programs, whether in source or object code, shall be
protected as literary works under the Berne Convention (1971). This provision confirms that
computer programs must be protected under copyright and that those provisions of the Berne
Convention that apply to literary works shall be applied also to them. It confirms further, that
the form in which a program is, whether in source or object code, does not affect the
protection.
Article 10.2 clarifies that databases and other compilations of data or other material shall be
protected as such under copyright even where the databases include data that as such are not
protected under copyright. Databases are eligible for copyright protection provided that they
by reason of the selection or arrangement of their contents constitute intellectual creations.
The provision also confirms that databases have to be protected regardless of which form
they are in, whether machine readable or other form. Furthermore, the provision clarifies that
such protection shall not extend to the data or material itself, and that it shall be without
prejudice to any copyright subsisting in the data or material itself.
According to the general rule contained in Article 7(1) of the Berne Convention as
incorporated into the TRIPS Agreement, the term of protection shall be the life of the author
and 50 years after his death. Paragraphs 2 through 4 of that Article particularly permit shorter
terms in certain cases. These provisions are addition by Article 12 of the TRIPS Agreement,
which provides that whenever the term of protection of a work, other than a photographic
work or a work of applied art, is calculated on a basis other than the life of a natural person,
such term shall be no less than 50 years from the end of the calendar year of authorized
publication, or, failing such authorized publication within 50 years from the making of the
work, 50 years from the end of the calendar year of making.
14
Ibid
School of law, Mumbai 2015-2016 Page 30
Article 13 requires Members to confine limitations or exceptions to exclusive rights to certain
special cases which do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right holder. This is a horizontal
provision that applies to all limitations and exceptions permitted under the provisions of the
Berne Convention and the Appendix thereto as incorporated into the TRIPS Agreement. The
application of these limitations is permitted also under the TRIPS Agreement, but the
provision makes it clear that they must be applied in a manner that does not prejudice the
legitimate interests of the right holder.15
15
Supra note 11
School of law, Mumbai 2015-2016 Page 31
1.4 History of copyright laws in India:-
1.4.1 The East India Company:-
Modern copyright law gradually developed in India, over a span of 150 years. The first need
of copyright law occured in 1847 through an enactment during the East India Company’s
regime. “The Act passed by Governor-General of India affirmed the applicability of English
copyright law to India. According to the 1847 law, the term of copyright was for the lifetime
of the author plus seven years post-mortem and could not exceed forty-two years on the
whole. Though the author decline publication after his death, the Government had the right to
give licence for its publication. The act of infringement was inclusive of unauthorized
printing of a copyright work for “sale, hire or export”, or “for selling, publishing or exposing
to sale or hire”. The suit for infringement under this act could be instituted in the “highest
local court exercising original civil jurisdiction”. The Act also specifically provided that
under an agreement of service copyright in “any encyclopaedia, review, magazine, periodical
work or work published in a series of books or parts” shall vest in the “proprietor, projector,
publisher or conductor”.16
Registration of the work with Home Office was mandatory for the securing the rights under
this enactment. However, the Act reserved the subsistence of copyright in the author, and his
right to sue for its infringement to the extent available in any other law except 1847 Act.
The Copyright Act 1911, while repealing earlier statues on the subject, was also made
applicable to all the British colonies including India. In 1914, the Indian Copyright Act was
enacted which modified some of the provisions of Copyright Act 1911 and added some new
provisions to it to make it applicable in India. The Copyright Act 1914, stayed intact in India
till 1957 when it was replaced and taken over by the Copyrights Act 1957.
1.4.2 The Copyright Act, 1911
he Copyright Act 1911, while repealing earlier statues on the subject, was also made
applicable to all the British colonies including India. In 1914, the Indian Copyright Act was
enacted which modified some of the provisions of Copyright Act 1911 and added some new
provisions to it to make it applicable in India. Indian Copyright Act 1914 remained applicable
in India until it was replaced by the Copyright Act 1957.
16 http://www.garph.co.uk/IJARMSS/Jan2015/7.pdf accessed on 12 june, 2016 at3:00 PM.
School of law, Mumbai 2015-2016 Page 32
1.4.3 The Copyright Act, 1957
In India, the Copyright Act, 1957 (as amended in 1999), the Rules made there under and the
International Copyright Order, 1999 govern Copyright and neighbouring rights. This Act has
been amended five times i.e. 1983,1984,1992,1999 and most recently in 2012.The Act is
divided into 15 chapters with 79 sections.
Moreover, the Central Government, by virtue of section 78 is empowered to make rules by
notification in the Official Gazette, for carrying out the purposes of this Act. Under the Act, a
copyright office was established under the control of a registrar of copyright who was to act
under the superintendence and direction of central government. The principal function of this
office was to maintain a register of copyright containing the names or titles of work, the
names and addresses of authors, etc. The registrar had certain powers like engaging in
disposing of applications for compulsory licenses and to inquire into grievance of importation
of infringing copies. A Copyright Board had been set up under the Act and the proceedings
before it are deemed to be judicial proceedings. The definition of copyright included the
exclusive right to communicate works by radio diffusion; the cinematograph was given a
separate copyright; the term of copyright protection was extended from 23 to 50 years which
was again extended to 60 years in 1992; term of copyright for different categories of work
was also specified. The right to produce a translation of a work was made coextensive with
other rights arising out of copyright. Provisions relating to assignment of ownership and
licensing of copyright including compulsory licensing in certain circumstances, rights of
broadcasting organisations , international copyright, definition of infringement of copyright,
exceptions to the exclusive rights conferred upon the author or acts which do not constitute
infringement , special rights of authors, civil and criminal remedies against infringement and
remedies against groundless threats or legal proceedings were also introduced.
1.5 Fair Use
Fair use is a judicially formulated concept, which enables us to use copyrighted work,
without the permission of the copyright owner. In a libraries, an information resource is used
by a huge number of people. The Copy Right law consider, for educational and research
purpose, making copies to some extent as "fair use". Fair use depends upon the percentage of
a document that is copied
School of law, Mumbai 2015-2016 Page 33
Fair Use - What constitutes “fair use” is debatable. However there are certain factors that
govern fair use:
1. Purpose and Character of Use, i.e. is it for commercial use or for
non-profit educational purposes?
2. Nature of the Copyrighted Work - The fair use principle is
generally more indulgent for fact-based works than it is for
“fanciful” works, and also is broader for published works than it is
for unpublished works.
3. Amount or Proportion of the Whole That is to be Copied - Effect
that the use has on market potential or the value of the copyrighted
work.
Section 52(1), Indian Copyright Act, 1957 provides that a fair dealing (fair use) with any
work for the following purposes does not constitute infringement: 1) private or personal use,
including research 2) criticism or review, whether of that work or of any other work 3)
reporting of current events and current affairs including the reporting of a lecture delivered in
public17
By fair use we can judge if the work that is copied , plagiarised, will amount to infringement
or will it come under fair use, because only a fair amount of work can be used , under
different circumstances, in my subsequent chapters I will give a brief idea on fair use, and
what will amount to fair use.
what do we get in short Today’s high school students have grown up in a technologically rich
world; they are what we refers to as digital natives. Technology is flawlessly included into all
aspects of their lives and has become the plagiarist’s tool of choice. The appearance of the
Internet as an educational tool has created abundant opportunities for copying and pasting
from more than billions of Web pages. With the click of a mouse, paragraphs of text or entire
papers may be downloaded. The page can be then copied and pasted anywhere one feel likes.
Computers and the Internet are integral parts of the lives of today. The majority of people in
the United States have access to computers and the Internet, either at home or at school or at
work. People are exposed to technology at a very early age, and with the growing era.
Copyright is a legal right created by the law of a country that grants the creator of an original
17
Indian copyright act 1957. https://indiankanoon.org/doc/1013176/ accessed on 25 june,2016 at 3:00Pm
School of law, Mumbai 2015-2016 Page 34
work exclusive right to its use and distribution, usually for a limited time, with the intention
of enabling the creator to receive monetary benefit for their creative effort. The application of
copyright law to electronic resources is receiving more attention as technologies grow in kind
and complexity. The function of copyright as a means of protection for software continues to
be questioned. The rapid growth of electronic resources has precipitated revisions in
copyright law in the past decade.
Online reference manager tools have been recognised as one of the most advantageous digital
tools for present day researchers. They are the influential mechanisms which guide in
handling, organising and recording individual's research specially in formatting
bibliographies. Technology has altered the manner researchers used to provide footnotes for
the citations occurring in their text. Online reference management tools cater a researcher the
facility to import references from variety of sources such as bibliographic databases, library
catalogues and websites etc. A researcher can manage or edit the references if they are
available in the system and if he can't be able to find the references online he may add them
manually, but in spite of having all these amenities in hand people still plagiarise because the
amount of information available to them is and will the less knowledge they plagiarise
without the knowledge, as we know now we have plagiarism software to detect the any
plagiarism done in any write up or thesis or dissertation. There are various website where one
can enrol to find out if they the students works is plagiarised or if it not.
Today we have plagiarism check software’s/tools are available online as open source
software’s and commercially paid per licence. Almost plagiarism detection software’s
provide similarity report with respective original source of submitted document after
plagiarism checked. In digital age plagiarism detection service is very beneficial for
academicians, researchers and publishers to timely submission/publication of without
plagiarism.
There are two aspects which will be the primary focus of this part. The former deals with an
integral facet of copyright law i.e. the fair dealing doctrine; while the latter deals with other
threats or concerns that may be posed in general if Google is given the legal support, As we
know Google is a open secures to get information we can just on one click open around
thousand of sites relevant to out topic of liking, as we all know open sources are not reliable,
just referring to Google will not give us reliable information, with the rise of Wikipedia and
Google we will have enough information but will not have reliable information, how do we
School of law, Mumbai 2015-2016 Page 35
know what is reliable , of what we should relay on? There this study is conducted to lay out
the difference, we cannot just copy and paste information without knowing if it is reliable we
need to understand the source we are taking it from.
Subsequent to this we will talk about video Mash up As society has moved into the Internet
Age, people are growing accustomed to having more and more data at their finger tips in
more formats about more topics As a means of competing commercially for surfers, traffic,
and revenue, and in some measure, out of sheer creativity, "mashaps" are now springing up
all over the Internet. A mash up is the result of an Internet application that blends or mashes
together two or more sources of content or data available on the Internet. While the potential
for new and exciting mash up applications is great, so are the legal issues that face mash
up developers. The provision of mashed Web services is certainly a trend of the future, but
the development of them is fraught with potential legal liabilities that require careful
consideration.
Because mashups by its sole meaning includes the combination of someone else's work or
data converted with the help of application ,into a new work. Mash-up can cause a various
legal implications that should be considered, preferably before a significant amount of time is
put into creating something new, the legal reputations should be knows or permission from
the rightful owner should be taken.
School of law, Mumbai 2015-2016 Page 36
CHAPTER 2
Literature Review.
2.1 Plagiarism, Intellectual Property and the Teaching of L2 Writing : Explorations
in the Detection based Approach
CONTRIBUTOR Bloch, Joel
PUBLISHER Channel View Publications
DATE PUBLISHED March 2012
Below is a review of the book “Plagiarism, Intellectual Property and the Teaching of L2
Writing: Explorations in the Detection based Approach”, written by Bloch & Joel published
by the Channel View Publications. THIS BOOK EXAMINES or discusses the problem of
plagiarism. Plagiarism refers to the inappropriate use of what is called intellectual property.
In the United States, intellectual property is defined as creative acts that have been placed in a
fixed medium.
Chapter I Intellectual property differs from physical property in that, with often complex
restrictions, it can be borrowed, distributed and utilized without seeking the permission of the
owner, something that would be a clear violation of the law in regard to physical property.
Intellectual property is often given a fixed limit of protection, which is rarely true for physical
property. Ideas, on the other hand, are not considered intellectual property unless they are
placed in a fixed medium. The use of intellectual property, both inside and outside the
classroom, is governed by a myriad of often highly contested legal and ethical rules. Today,
there has been much concern about violations of these rules, what are sometimes termed as
the ‘plagiarism epidemic’ or the ‘piracy’ epidemic . As will be discussed in more detail later,
there is no general agreement as to whether such epidemics exist and, if they do, how they
should be dealt with.
Chapter II 2 Intellectual Property Issues and Plagiarism: over Both What Teachers Means
Second-Language the for Debate First and Writing tells us how authorship has been
revolutionised by the growing time uneven, evolution in the relationship between the text and
School of law, Mumbai 2015-2016 Page 37
its author, often related to the development of new technologies. Walter Benjamin’s (1968)
view that the easy reproduction of texts, whether they are written texts or artistic images,
changes their intrinsic nature can be extended to the even greater ease of reproduction the
internet affords. Today, we often discuss the ‘death’ of the romantic concept of authorship;
however, in reality, it is difficult to discuss authorship as a single, monolithic concept.
The Legal Cases Shaping the Metaphors of Intellectual Property in Cyberspace Cyberspace
Has become an important factor in the discussion of plagiarism not simply because students
use it to search for information that can easily be cut and pasted but also because it has
evolved as a physical space for writing. One approach for understanding how the use of
intellectual property, whether it is from ethical or legal perspectives, can be found in the
study of the various court cases that have contested the control of intellectual property on the
internet. These cases are important for writing teachers both because they have provided the
constraints for using and distributing teaching materials in the classroom and because they
helped create some of the metaphors that frame how we think about plagiarism and IPR. It
tells us in detail of the landmark judgments passed in the field of copyright and infringement.
Gives in depth information of plagiarism and IPR connection.
School of law, Mumbai 2015-2016 Page 38
2.2 Original Copy: Plagiarism and Originality in Nineteenth-Century Literature
CONTRIBUTOR MacFarlane, Robert
PUBLISHER Oxford University Press, UK
DATE PUBLISHED March 2007
Below is a review of the book “Original Copy : Plagiarism and Originality in Nineteenth-
Century Literature”, written by MacFarlane, Robert published in the Oxford University Press,
UK.
THIS BOOK EXAMINES or discusses what is Original, according to American professor
Laurence J Peter, 'is the fine art of remembering what you hear but forgetting where you
heard it.'18 pitifully, Franklin P Jones, had said that Originality is the work of an artist to
cover his sources. This book gives a brief description of various poets and authors what they
think about plagiarism and who is for plagiarism and who is against plagiarism.
The books suggests that maybe however creative a person it something from somewhere is
copied, because creativity is added one someone else’s ideas. In the books it says that the art
of plagiarism is a sweet way to kill creativity, without attributing the author, and being a
disguise of that author is not only sealing the authors identity but also his creative mind
which the person does not have. They say not only does it only exposes the personality of the
copied author but how the carrier of the person is ruined and finsined by one of the act that
has been done by the alleged person.
18 MacFarlane,Robert. Original Copy : Plagiarismand Originality in Nineteenth-Century Literature. Oxford, GB:
Oxford University Press,UK, 2007.ProQuest ebrary. Web. 13 July 2016.
School of law, Mumbai 2015-2016 Page 39
2.3 Plagiarism
CONTRIBUTOR Marsh, Bill
PUBLISHER SUNY Press
DATE PUBLISHED March 2007
Here is a review of the book “Plagiarism”, written by Marsh, Bill published in the SUNY
Press. THIS BOOK EXAMINES or discusses the problem of plagiarism as well as a range
of techniques and technologies introduced over the years in an effort to solve it. It begin by
pointing out that what is termed as the “problem” of plagiarism tends to arise, and thus tends
to be treated (identified, punished, cured, even encouraged), differently in different domains.
Plagiarism infractions in most U.S. colleges and universities, for example, will likely bring
out different reactions than related crimes perpetrated by, say, top-selling popular historians
or avant-garde novelists. Nonetheless, the terms of the debate, and even the treatment of the
perpetrator, may at times turn out to be the same. I begin, then, by suggesting that plagiarism
continues to draw the attention of scholars and educators in part because the problem, while
often dismissed as a simple matter of textual misuse, betrays a range of complexities not
easily managed via simple, straightforward solutions. Basically this book give us a vide
definition of what is plagiarization and in detail understanding
Chapter 2 examine several description of plagiarism rooted in ideas of unsuccessful
authorship and intellectual property violation. It is mentioned in that chapter that recent and
most effective way to solve the plagiarism problem, is the internet software plagiarism
detection sites and applications that can be downloaded free , perform a particular type of
public control unique to post industrial technologies with the growing technology.
Chapter 3 speaks about early-twentieth-century plagiarism procedure and assignment writing
rules and regulations which including the “research paper” model that appear in the 1920s it
gives us a brief idea about how students copy material from library books or hard copy. I
further say that this book gives us a idea on how about offline material that is available to
students was also widely used by them to plagiaries and continue with the research paper.
In chapter 5, speaks about how one should ignore plagiarism, consider a range of research
writing on this chapter the author talks about the handbook of plagiarism, as to how to avoid
School of law, Mumbai 2015-2016 Page 40
it, and tells us about paraphrasing plagiarism this is being used widely by students now a
days, there is very thin line of differences as students do not understand what is plagiarism
and what will amount to original work.
Chapter 7 in particular deals with my topic it focus on, analyzing four popular plagiarism
software that is Glatt Plagiarism Services, Essay Verification Engine , Plagiarism Finder, and
Turnitin.com. I say that these soft ware’s regulates healthy writing among students and show
them the difference and how to actually use their creativity how the teaches have taught them
overcome copying.
In the concluding chapter I considered that plagiarism in the age of internet and introduction
of computers has made it easy and most convenient to copy and hide the copying. this book
tells us one version of the internet plagiarism detection services, and there mentioned above
are the majorly used by different college and institutions and students.
School of law, Mumbai 2015-2016 Page 41
2.4 Steal This Music : How Intellectual Property Law Affects Musical Creativity
CONTRIBUTOR Demers, Joanna
PUBLISHER University of Georgia Press
DATE PUBLISHED February 2006
Here is a review of the book “Steal This Music : How Intellectual Property Law Affects
Musical Creativity”, written by Demers, Joanna published in the University of Georgia Press.
THIS BOOK EXAMINES or discusses that would music amount to be a property or Under
what circumstances can music be stolen. Such questions lie at the heart of Joanna Demers’s
timely look at how overzealous intellectual property (IP) litigation both choke and encourage
musical creativity they are two sides of the same coin.
The book specifically signifies that, people who copy of plagiarise and more ignorant towards
the IPR laws and significance, with the Napster case it became evident to people of what can
be copyrighted and what are the laws which were actually used in it. It gives us a brief
description between plagiarisms and duplication, they tell us plagiarism id different and
duplication is different, plagiarism is a crime so is duplication but duplication is directly
copyright infringement and plagiarism only if proved to substantial use will amount to
copyright infringement, the book has discussed a verity of cases on plagiarism is right to
object to it not being similar right written work. It is clearly a land grab and is equivalent to
the enclosure of common land. It should be opposed. In the books it clearly states is when the
author copies someone else work and clearly uses that matter , and does not add or subtract
anything from it, hence when one is doing something like that attribution should be given.
The books states that the copyright office in USA, if someone samples anyone works for their
use, they give money to the copyright society n the amount of work that has been taken as a
sample and subsequently how many ever times the work is used , a reasonable amount is paid
to the society.
School of law, Mumbai 2015-2016 Page 42
2.5 Film and Television Distribution and the Internet: A Legal Guide for the Media
Industry
CONTRIBUTOR Sparrow, Andrew
PUBLISHER Gower
DATE PUBLISHED April 2016
Here is a review of the book “Film and Television Distribution and the Internet: A Legal
Guide for the Media Industry”, written by Sparrow, Andrew published by Gower. THIS
BOOK EXAMINES There is no area of business that is more radically influence by the
outburst of internet services connected with computers, mobile phones then we have the film
and television industry
The internet is a medium through which the TV and Film content is shown to the viewers, it
not only give services of viewing content online but also updates them with news, telecast of
various other things.
This book tells us that Music Distribution and the Internet specially focusing on UK and EU
law focused on the distribution of television and film through the internet. This includes the
various contract and copyright licenses they will need to get and who all it will affect for
example studios, broadcasters, sales agents, distributors, internet service providers, film
financiers, and online film retailers. As we know internet is a global medium, i.e. we can
view anything is any part of the world, internet has not boundaries as the debate goes on.
The book focus on the domicile of the infringing state, it totally depends under which treaty
will the act prevail and if anyone of the country is not the contracting state it will not be
govern under that law, but under the law of that state.
School of law, Mumbai 2015-2016 Page 43
2.6 Creative Artist's Legal Guide : Copyright, Trademark and Contracts in Film and
Digital Media Production
CONTRIBUTORS Seiter,Bill,Seiter, Ellen
PUBLISHER Yale University Press
DATE PUBLISHED June 2012
LANGUAGE English
Here is a review of the book “Creative Artist's Legal Guide : Copyright, Trademark and
Contracts in Film and Digital Media Production”, written Seiter,Bill,Seiter, Ellen published
by Yale University Press. THIS BOOK EXAMINES The Creative Artist’s Legal Guide is
here to help students and teachers, lawyers and professionals to understand copyright and
how to register copyright and try to give a clear understanding towards ti intellectual properly
and reduce the confusion. It gives us a brief understanding of copyright and the distinction
between the various types of work, that is artist, literary, musical, audio visual work, and
architectural work.
It gives us a brief explanation of derived work and and how is actually used and how much of
it will Amount to fair use. It tell us things that cannot be copyrighted like names slogans etc,
in short the chapter tells us the description of copyright law. Where on one hand it describes
that US copyright law protects ideas but under the convention TRIPS and Berne ides are not
protected as ideas can emerge to 2 people at the same time and one cannot stop that and give
a persona right of copyright.
Chapter 6 take a rounds internet and media it looks at the legal framework governing
the Internet and new media, it gives us a brief idea DMR digital right management, which
was introduces by USA so that there was minimum infringement on the internet or as we
know it the cyberspace. And has discussed the case of Viacom international VS YouTube in
detail about infringement and contributory infringement.
School of law, Mumbai 2015-2016 Page 44
2.7 Copyright Law and a Brief Look at the Google Library Project
CONTRIBUTOR Rhodes, Brett D.
PUBLISHER Nova
DATE PUBLISHED August 2010
LANGUAGE English
Here is a review of the book “Copyright Law and a Brief Look at the Google Library
Project”, written Rhodes, Brett D published by Nova Press. THIS BOOK EXAMINES The
purpose of this monograph is to serve as an introduction to, and a starting point for research
about, the law of copyright. It cannot feasibly be minutely detailed in its text or heavily
annotated in its footnotes.
Chapter 2 deals with The Google Book Search Library Project, which was announced
December 2004,it had raised some important questions of infringing duplication and fair use
under copyright law. As we know Google had planned to digitize, index, and display bits and
pieces of print books in the collections of books under the Google search engine without
taking any permission taken from copyright holders, if any. The authors and publishers of any
book joined hands against Google for it but eventually Google claimed that they were under
fair use had not committed any infringement, although they had uploaded books on the site
they had kept a amount of the book hidden or not shown to the public, hence they would have
to buy the digitalize version of the book plus they were giving rights to the authors to take
down their books from the net whenever they wanted.
Chapter 3 discuss about fair use and Hyperlinking, in-line linking, caching, framing,
thumbnails. Kelly v. Arriba Soft Corp. The jury decided that thumbnails images would
amount to fair use and not any copyright infringement. In the following case it has been
discussed in detail how will one interprets fair use and how will one use it. And the 4 ruls or
fair use have been explains which have been explained in detail in chapter five of my
disserationg.
School of law, Mumbai 2015-2016 Page 45
2.8 New Media Theory : Mics, Cameras, Symbolic Action : Audio-Visual Rhetoric for
Writing Teachers
CONTRIBUTORS Halbritter,Bump
PUBLISHER Parlor Press
DATE PUBLISHED November 2012
LANGUAGE English
Here is a review of the book “New Media Theory : Mics, Cameras, Symbolic Action : Audio-
Visual Rhetoric for Writing Teachers”, written Halbritter, Bump published by Parlor Press.
THIS BOOK EXAMINES various modes to write and cultivate writing, they try to bring the
thin line of difference between what is copied and when a student starts to actually write his
paper. They try to bring as understand towards the teacher the difference between copying of
audio and video. And how will it affect the students in today’s life, we all know audio and
video and technology advancement will only and only be a positive for the children, but we
don’t know when the line will be crossed between understanding and misusing the power that
has been given in the hand of the teacher which will be passed on to the students.
The New Media Theory series looks into both media and new medium as a complex
environmental and rhetorical context. technical dispute and chance of writing teachers from
beginning to end a conceptualization of writing and reading that could not have been
imagined by enumerators writing professors at the turn of the twenty first century it focus on
the contact that technology has made wiring very easy and on the other hand very difficult
also students who are lazy and who are not.
Rather than look to the formation and analysis of audio-visual texts as the goal of its
pedagogy, it even focus on digital learning, audio visual videos teaching learning process
great power and , as they make the topic friendly and legible to those who might not yet think
about themselves a part of regain and writing, only copying and viewing. This books bring a
thin line of difference between reading and visually seeing. How one can adapt to more or
writing or visually understanding.
School of law, Mumbai 2015-2016 Page 46
2.9 Invention, Copyright, and Digital Writing
CONTRIBUTOR Rife, Martine Courant
PUBLISHER Southern Illinois University Press
DATE PUBLISHED January 2013
LANGUAGE English
Here is a review of the book “Invention, Copyright, and Digital Writing”, written
Rife, Martine Courant published by Southern Illinois University Press. THIS BOOK
EXAMINES the author believes that copyright laws are amended every now and then hence
with every amendment something new is added and a new understanding given it gives us a
fair understanding towards copyright and fair use through the convention and various law
governed in that country it manipulate on writing environments and pedagogies they are
coming to terms with the very real effects of policies and legislation meant to address issues
of copyright and fair use.
The book talks about internet and how content on the internet is broken and
sometimes dose not link up, it simply means that parts of contents are copied from on are and
pasted in somewhere else hence making it simple not to catch plagiarism. The books analyse
and say poets ad curative artistic focus on finding out plagiarism in the book we are trying to
focus on protecting the author and detecting plagiarism, and protecting the authors work and
prevent plagiarism of his work. It even focus that if someone is copying someone else’s work
one should attribute that work and give acknowledgement to the respected person or author.
School of law, Mumbai 2015-2016 Page 47
2.10 Remix the book
CONTRIBUTOR Amerika, Mark
PUBLISHER University of Minnesota Press
DATE PUBLISHED August 2011
LANGUAGE English
Here is a review of the book “remix the book”, written Amerika, Mark published by
University of Minnesota Press. THIS BOOK EXAMINES people who produce remix of
music usually believe the new outcome or the fresh music or writing is now the book
investigates that people who usually remix have a good sense of understanding on their
subject and they remix the book or music because they have a hood skill of mixing the
subject matter. They usually remix the work so well that it is impossible to recognize the
original source.
Remix the book tell us that that the person who is remix the book has usually not taken
permission from the author, sometimes those work is used for lectures and creative work
when the person has not got permission from the author, it would amount to plagiarism,
because substantial use has not been given a perfect definition, on how much of the part
would amount to be a substantial part it can either be one sentence or it can the entire article.
Sometimes hotels and restaurants just pick up few videos clips and use it for their own use.
And add their own logo and name, hence would be infringement but plagiarisers then can
approach the court and ask for injunction.
The book focus on right appropriate awknowldgemnt should be given to the work and remix
should be given but with appropriation and this book is just a starting point towards the
understanding of creativity.
School of law, Mumbai 2015-2016 Page 48
2.11 Copyright and Piracy
CONTRIBUTORS Bently,LionelDavis,Jennifer
Ginsburg, Jane C.
PUBLISHER Cambridge University Press
DATE PUBLISHED October 2010
LANGUAGE English
Here is a review of the book “Copyright and Piracy”, written Bently,LionelDavis,Jennifer
Ginsburg, Jane C. published by Cambridge University Press. THIS BOOK EXAMINES
bring about an understanding of law and infringement, not only the lawyers are involved in
this but also historians , technologists, sociologists and criminologists. It brings to our
understanding if copyright laws need to made more rigorous or is it easy or how should we
make the appropriate changes that are needed while we keep the efficacy of copyright as an
incentive-mechanism for persons who require it.
In this book Pragmatic Plagiarism, Marilyn Randall classify plagiarism as a realistic, rather
than a written sort, meaning it is ‘principally determined by a wide variety of extra-textual
criteria that constitute the aesthetic, institutional and cultural contexts of production and
reception of the work’. Thus, plagiarism is a judgement, sometimes work cannot be copied it
has to be used as it is hence it would not amount to plagiarism only if the attribution is given.
In the United Kingdom, plagiarism and infringement is used interchangeably even in fine if a
considerable portion of the work it used it would amount to infringement of the protected
work hence copyright and plagiarism have in common certain characteristics. Plagiarism is
theft, and the existences of theft presuppose the existence of property. We have to keep in
mind first even without copyright law plagiarism was detected by MARTAL and it has been
know for a long time.
School of law, Mumbai 2015-2016 Page 49
2.12 How to Fix Copyright
CONTRIBUTOR Patry, William
PUBLISHER Oxford University Press, USA
DATE PUBLISHED November 2011
LANGUAGE English
In HOW TO FIX COPYRIGHT, William Party offers his opinion concerning the trouble that
snowed under copyright. Party, like many others consider that copyright does not serve its
stated purpose of incentivizing the formation and distribution of new imaginative workings.
Copyright helps those who have or have written or produces something creative. This book
focus on how to improve copyright law and how effective it is and how useful it will be in
our near future.
Copyright laws the author has the right it delegate his power to the whoever he wants to give
it to he has the right to collect royalty in his name. Although since the work is out and in the
hands of everyone one cannon fix the piracy but it can put a curb to it but imposing fine and
taking a part of that royally of that work
Everyone knows that creativity once open in the market is free for all and can be used by
anyone and can be enhanced by anyone, authors are basically creative person and they do not
exploited that work the copyright holder exploited the work of the authors.
There is no way to fix piracy we need to make our laws more strict and teach the people that
only when the economy will grow slowly only then will the copyright laws or statues be more
strong for the people.
School of law, Mumbai 2015-2016 Page 50
2.13 Copyrights and Copy wrongs : The Rise of Intellectual Property and How it
Threatens Creativity (1)
CONTRIBUTOR Vaidhyanathan, Siva
PUBLISHER NYU Press
DATE PUBLISHED August 2001
LANGUAGE English
Siva Vaidhyanathan’s Copyrights and Copywrongswith the rise in creative and trends
in the market it has given a rice in Copyright Law and intellectual property. He has discussed
some Historical case studies. Starting from the history of United States copyright law, and
how it is difference to its European antecedent, Vaidhyanathan shows that the copyright law
was includes because it wanted to enhance creativity and people who are really smart and
creative would come forward and protect their work. Vaidhyanathan even said that copyright
is best at promoting science and art when it is less restrictive.
Finally, the very idea of “intellectual property,” and the recent international legal convections
which were introduced has become very dangerous and it should not be so rigid..
Vaidhyanathan does not abolish copyright it only says that people who are licensing their
material should be awarded so they can come up with more creativity and it would be better
for the growth of creativity.
Vidhyati says that copyright will be at it weakest if it starts collecting royally from tee
copyright owned, people would only run in the rat race and would not much of help to bring
up creativity in the market.
School of law, Mumbai 2015-2016 Page 51
2.14 Intellectual Property Law Library, Volume 2 : Protection of Broadcasters'
Rights
CONTRIBUTOR Ogawa, Megumi
PUBLISHER Martinus Nijhoff
DATE PUBLISHED December 2005
LANGUAG English
This book deals with a highly topical area: the protection of broadcasters' rights. It is
an area in which the World Intellectual Property Organisation (WIPO) at that time has was
just drafted and it was reaching it final stage of signing. The author looks into the formation
development in the legislation for the protection of broadcasters' rights, and discusses the
current legal issues arising out of current world.
It protects the broadcasters right in two different countries if it is produced in one
court and infringered in another country which law would prevail,. "this books give a legal
understand of broadcasters right under the WIPO treaty and how one protects it right even
from attribution of this right.
School of law, Mumbai 2015-2016 Page 52
2.15 Copyright Protection and Information Technology, An Indian perspective
CONTRIBUTOR Dr Fareed Ahmad Rafiqi
PUBLISHER Law Publisher (india) Pvt. Ltd.
DATE PUBLISHED November , 2011
LANGUAG English
Here is a review of the book “Copyright Protection and Information Technology, An Indian
perspective”, written Dr Fareed Ahmad Rafiqi published by Law Publisher (india) Pvt. Ltd..
THIS BOOK EXAMINES give us a brief study of the history of copyright and the study of
what is fair use and copyright infringement, brief description on the Berne Convention.
TRIPS, Rome convention.
In chapter III the different between idea expression dichotomy is given and why ideas are not
copyrights in the Indian copyright act. A brief study of data base copyright is given and if the
if there any sort of infringement that has occurred then the data base can be tracked down and
the infringement can be resolved.
In chapter IV a study of what is internet how it is protected and file copying and sharing and
napater chase been discussed. A few provisions on the information technology act has also
been included in the book.
Chapter VI include the copyright infringement and remedies, copyright infringements in
details is explained its civil and criminals remedies , DMR technology and copyright
protecting according to the Indian perspective and fair use.
School of law, Mumbai 2015-2016 Page 53
2.16 Law of Intellectual Property right
CONTRIBUTOR V J Taraporevala
PUBLISHER Thomson Reuters.
DATE PUBLISHED November , 2013
LANGUAG English
Here is a review of the book “Law of Intellectual Property right”, V J Taraporevala published
by Thomson Reuters.. THIS BOOK EXAMINES give us a brief study of the history of
copyright and the study of what is fair use and copyright infringement.
It has given us the Indian perspective of copyright law with meaning and definitions of
various terms, not only does it tell us that work is protected it even cover detailed case studies
of various case studies of famous supreme court and high court cases.
It gives us a bared disruption in easily of what is original work and what is not, in detail
meaning of infringement and who can sue and what rights the person can sue.
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sayali dissertation

  • 1. Plagiarizing Of Information Online And Offline, Mash-up Videos Submitted to SVKM’s Narsee Monjee Institute of Management Studies (NMIMS) For the award of MASTER’S OF LAW IN (Corporate Law) By SAYALI ANUJA ANIL PURI Under the Guidance of Ms. Munshi Kanse And Mr. Sanjay Kher (School of Law) (Mumbai) 2015-2016
  • 2. School of law, Mumbai 2015-2016 Page 2 Certificate The work described in this dissertation entitled “Plagiarizing Of Information Online And Offline, Mash-up Videos.” has been carried out by Mr. Sanjay Kher / Ms. Munshi Kanse under my supervision. I certify that this is his/her bonafide work. The work described in this dissertation is original and has not been submitted for any degree to this or any other university. Date: 15/07/2016 Guide: Place: Mumbai ________________ Asst.Prof./ Asso. Prof. / Professor (Ms. Munshi Kanse) Head, Department of _____________ ____________________ Dean, SOL (School of Law) (Mumbai)
  • 3. School of law, Mumbai 2015-2016 Page 3 STATEMENT BY THE CANDIDATE: This is to submit that this written submission in my dissertation entitled “Plagiarizing Of Information Online And Offline, Mash-up Videos.” represents my ideas in my own words and where others’ ideas or words have been included, I have adequately cited and referenced the original sources. I also declare that I have abided by all the principles of academic honesty and integrity and have not misrepresented or fabricated or falsified any idea/ data/ fact/ source in my submission. I understand that any violation of the above will be cause for disciplinary action by the School and can also evoke penal action from the sources which have thus not been properly cited or from whom proper permission has not been taken when needed. This dissertation encompasses the information generated by me based on work carried out in the School. I assure and hold full responsibility for its genuineness. Ms. Sayali Anuja Anil Puri Forwarded Through Academic Guide (s) 1 Name of the Guide : Ms. Munshi Kanse Designation : Department of _________________, School of Law, SVKM’s NMIMS, Vile Parle (W), Mumbai – 400056 2 Co – Guide: Mr. Sanjay Kher
  • 4. School of law, Mumbai 2015-2016 Page 4 ACKNOWLEDGEMENT: First and foremost I would like to thank God. You have given me the power to believe in myself and pursue my dreams. I could never have done this without the faith I have in you, the Almighty. I take immense pleasure to express my sincere and deep sense of gratitude towards Ms. Munshi Kanse for introducing me to the course and motivating me enough to go for it. I consider myself fortunate enough to work with her and getting a chance to learn under her expert guidance. Her willingness to share abundant knowledge and expertise in this field has helped me grow professionally. I want to thank all my colleagues at college. They are the reason behind my successful completion of this course and the same could not have been possible without their help. I would like to thank my dissertation supervisor Mr. Sanjay Kher and Ms. Munshi Kanse for their exemplary guidance. I can barely find words to express all the wisdom and support given by my beloved parents. I thank them for their unconditional love, endurance and encouragement. I want to thank all my LL.M. batch mates for their friendship, help and co-operation. I also thank Mr. Rishikesh Dave for his useful insights and for allowing us to use the facilities of the department. SAYALI ANUJA ANIL PURI
  • 5. School of law, Mumbai 2015-2016 Page 5 ABBREVIATIONS: BIRPI…………The United International Bureaux for the Protection of Intellectual Property GATT……………………………………………General Agreement on Tariffs and Trade IP………………………………………..………………………………... Intellectual Property IPR……………………………………..…………………………..Intellectual Property Right TRIPS…………………………………Trade-Related Aspects of Intellectual Property Rights WIPO………………………………………………. World Intellectual Property Organization WPPT…………………………………….. WIPO Performances and Phonograms Treaty WTC………………………… …………………………………….World Trade Organization.
  • 6. School of law, Mumbai 2015-2016 Page 6 TABLE OF CASES  Amar Nath Seghal v. Union of India(2002(2)ARBLR130(Delhi); 2005(30)PTC253(Del)  Baker v. Selden. 101 U.S. 99.  Barbara Taylor Bradford vs Sahara Media Entertainment Ltd. 2004 (1) CHN 448, 2004 (28) PTC 474 Cal, 2003 47 SCL 445 Cal  Blackwood And Sons Ltd. And Ors. vs A.N. Parasuraman And Ors. AIR 1959 Mad 410 on 28 February, 1958  Civic Chandran v. Ammini Amma LAWS(KER)-1996-2-40 High Court Of Kerala Decided on February 27,1996  Donaldson v. Beckett (1774) 2 Brown's Parl  Hubbard v Vosper, [1972] 2 Q.B. 84,  Millar v. Taylor (1769) 4 Burr.  R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978 (AIR 1978 SC 1613)  Smt. Mannu Bhandari v. Kala Vikash Pictures Pvt. Ltd. and Anr. AIR 1987 Delhi 13, ILR 1986 Delhi 191  Super Cassettes Industries ... vs Mr Chintamani Rao & Ors. on 11 November, 2011  Vipul Amrutlal Shah vs Shree Venkatesh Films Pvt. Ltd. & ... on 10 August, 2009
  • 7. School of law, Mumbai 2015-2016 Page 7 Table of Contents ACKNOWLEDGEMENT:............................................................................................................ 4 ABBREVIATIONS...................................................................................................................... 5 TABLE OF CASES...................................................................................................................... 6 SYNOPSIS................................................................................................................................ 10 CHAPTER 1.............................................................................................................................. 20 Introduction ............................................................................................................................... 20 1. History of plagiarism........................................................................................................... 20 1.1.1 Some of the great Plagiarist....................................................................................... 21 1.1.1 T. S. Eliot............................................................................................................. 21 1.1.2 Martin Luther King Jr........................................................................................... 21 1.1.3 Jane Goodball....................................................................................................... 22 1.1.4 Helen Keller......................................................................................................... 22 1.2 DIGITAL MEDIA PLAGIARISM................................................................................ 22 1.3 HISTORY OF COPYRIGHT ....................................................................................... 23 1.3.1 The First “Copyright” Dispute ............................................................................... 24 1.3.2 THE STATUTE OF ANNE – 1710........................................................................ 25 1.3.3 BERNE CONVENTION FOR THE PROTECTIONOF LITERARY ANDARTISTIC WORKS 26 1.4 History of copyright laws in India:-............................................................................... 31 1.4.1 The East India Company:-..................................................................................... 31 1.4.2 The Copyright Act, 1911....................................................................................... 31 1.4.3 The Copyright Act, 1957...................................................................................... 32 1.5 Fair Use ...................................................................................................................... 32 CHAPTER 2.............................................................................................................................. 36 Literature Review....................................................................................................................... 36 2.1 Plagiarism, Intellectual Property and the Teaching of L2 Writing : Explorations in the Detection based Approach....................................................................................................... 36 2.2 Original Copy: Plagiarism and Originality in Nineteenth-Century Literature ......................... 38 2.3 Plagiarism ................................................................................................................... 39 2.4 Steal This Music : How Intellectual Property Law Affects Musical Creativity.................. 41 2.5 Film and Television Distribution and the Internet: A Legal Guide for the Media Industry.... 42 2.6 Creative Artist's Legal Guide : Copyright, Trademark and Contracts in Film and Digital Media Production ................................................................................................................... 43 2.7 Copyright Law and a Brief Look at the Google Library Project......................................... 44
  • 8. School of law, Mumbai 2015-2016 Page 8 2.8 New Media Theory : Mics, Cameras,Symbolic Action : Audio-Visual Rhetoric for Writing Teachers................................................................................................................................. 45 2.9 Invention, Copyright, and Digital Writing ....................................................................... 46 2.10 Remix the book ........................................................................................................... 47 2.11 Copyright and Piracy................................................................................................... 48 2.12 How to Fix Copyright ................................................................................................. 49 2.13 Copyrights and Copy wrongs : The Rise of Intellectual Property and How it Threatens Creativity (1).......................................................................................................................... 50 2.14 Intellectual Property Law Library, Volume 2 : Protection of Broadcasters' Rights ........... 51 2.15 Copyright Protection and Information Technology, An Indian perspective....................... 52 2.16 Law of Intellectual Property right................................................................................. 53 2.17 Law of Intellectual Property right................................................................................. 54 2.18 copinger and skond james on copyright ........................................................................ 55 2.19 Intellectual Property and Competitive Strategies in 21st Century 2nd Edition (English)....... 56 2.20 Intellectual Property: Patents, Copyright, Trademarks and allied Rights ............................ 57 Chapter 3................................................................................................................................... 58 Research Methodology ............................................................................................................... 58 3.1 Purpose of study:......................................................................................................... 58 3.2 Objective:.................................................................................................................... 58 3.3 Statement of problem ................................................................................................... 58 3.4 Statement of Hypothesis:.............................................................................................. 58 3.5 Arguments:.................................................................................................................. 59 3.6 Methodology:.............................................................................................................. 59 3.7 Scope:......................................................................................................................... 60 3.8 Tools: ......................................................................................................................... 60 a) Primary Data............................................................................................................... 60 Secondary Data:.................................................................................................................. 61 3.9 Research Design .......................................................................................................... 61 3.10 Limitation of the study:................................................................................................ 62 3.14 Definitions of terms ..................................................................................................... 62 1. Plagiarism:-................................................................................................................. 62 2. Copyright:-.................................................................................................................. 62 3. Mash-up...................................................................................................................... 63 4. Fair Use:-.................................................................................................................... 63 5. Moral Right................................................................................................................. 63
  • 9. School of law, Mumbai 2015-2016 Page 9 6. Public Domain............................................................................................................. 63 7. Parody:- ...................................................................................................................... 64 CHAPTER 4.............................................................................................................................. 65 Analysis and Findings................................................................................................................. 65 4.1 Articles in the Berne Convention .................................................................................. 65 4.2 Rome Convention for the Protection of Performers,Producers of Phonograms and Broadcasting Organisations (1961)........................................................................................... 67 4.3 WIPO Copyright Treaty (WCT) (1996) ......................................................................... 69 4.4 What is plagiarism?...................................................................................................... 72 4.5 Video Mash-up............................................................................................................ 74 4.6 How does one identify plagiarism ?............................................................................... 75 4.7 Fair Use ...................................................................................................................... 78 4.8 Moral Right & plagiarism............................................................................................. 80 4.9 Copyright Infringement:............................................................................................... 82 CHAPTER 5.............................................................................................................................. 85 Conclusion and Suggestion ......................................................................................................... 85 5.1 The Thin Line Of Difference Between What Will Amount To Plagiarization And What Will Amount To Infringement. ........................................................................................................ 85 5.2 Fair Use and Copyright Infringement ............................................................................ 87 5.3 Plagiarism in music composition................................................................................... 89 Some cases on music infringement:...................................................................................... 90 5.4 Would video mash-up amount to plagiarism or copyright infringement ........................... 91 5.5 Landmark judgments/ scandals of plagiarization (foreign and India).............................. 94 5.6 Should Plagiarism and Video mash-up amount to infringement....................................... 98 5.7 Answering the Hypothesis ...........................................................................................100 5.7 Mumbai University dealt with the Plagiarism Problem ..................................................101 5.8 Lacuna in the Copyright Act........................................................................................103 5.9 Future scope of research..................................................................................................108 Bibliography:- ...........................................................................................................................110 References:-..............................................................................................................................115
  • 10. School of law, Mumbai 2015-2016 Page 10 SYNOPSIS Introduction (in brief): This dissertation will talk about the elevated growth and instances of plagiarism in the Indian research study. The cause of this is because today there is a load on the students to reach deadlines, lack of encouragement to research, lack of expertise and absence of proper guidance by supervisors. Secondly this dissertation will look into the present mash-up of music and video given to the emergence of today’s “mash-up” culture, and the legal uncertainty around the mash-ups, now would be the right time for policy makers to take a new look at the copyright law. The dissertation will help to know how to manage plagiarism and what will be the effective methods to put a stop to it and the remix culture how effective and how should one define “fair use” for the remixed work. Statement of problem To find out the thin line of difference between plagiarism and copyright infringement To determine how to curb the act of plagiarism; Would video mash-up amount to plagiarism or copyright infringement. Hypothesis: Whether there is any kind of material which can be plagiarised? Whether there is any kind of material which gets stolen more often? Whether it is only the students who plagiaries? Whether the advanced technology has made it easy to copy videos and remix it? Objective/s & Rationale of the work: The rationale behind the work is to give a comparative analysis of plagiarism and infringement and bring about a understanding of what is original work and what is not. To understand videos mash-up.
  • 11. School of law, Mumbai 2015-2016 Page 11 What is Fair use. Up to what extend would it be fair use (substantial material). The rationale behind the work is to give a comparative analysis of plagiarism and fair use and bring about a understanding of what is original work and what is not. After understand plagiarism we will understand videos mash-up and infringement related to that and till what extend the videos can or cannot be remixed and used. Proposed Plan of work: As I have taken majority of my information from my primary sources and basically from books and cases and online URL ,therefore my plan to work on the dissertation research problem will be dealing under the limelight of these books and cases as they give a better understanding towards the objective of my study. I have gathered all the information from online sources, for the access given from our college (NMIMS University) to the students for reading books , plus I have gathered information by referring to books from the library. These books and URL give us a brief description on the problem object and help us to come up to a solution bringing about a brief and a concise study on the these object problem. Primary resources: the main data will be will be taken from Statutes and Case Law. They will form the basis of the research. It will be the backbone of my study as primary sources have given me a clear picture of the problems that are being faced in the copyright world and things that need to change Secondary sources: additional data will be from the literature review with all the analysis in the book, and various write up from the various journal and scholarly articles. Secondary sources give us a analysis which is already assumed, in the topic. Chapter I Introduction Chapter one will give us the brief introduction The history of copyright law starts with early human rights and monopoly granted to printers of books. It started early from the , British Statute of Anne 1710, full title the Act for the support of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, in the Time mention within, was the first copyright statute during the 1710. Initially copyright on consisted to
  • 12. School of law, Mumbai 2015-2016 Page 12 copywriting of books and now it consists of computer software, musical, artistic, painting, photographs and sound recording etc. The individual self is important in copyright because it differentiates the creativity produced by an individual from the rest of society. In ancient Jewish Talmudic law there can be found recognition of the moral rights of the author and the economic or property rights of an author. This study will give us a brief discussion on history of copyright from UK to USA. Early 1880’s was the introduction of conventions where many countries together were bought under one convention for the protection of intellectual property rights The Berne Convention was initially recognized in 1886, and was then re- negotiated in 1896 (Paris), 1908 (Berlin), 1928 (Rome), 1948 (Brussels), 1967 (Stockholm) and 1971 (Paris). The protection of the rights of authors in their literary and artistic works is article I of the convention. In chapter one I will give a brief discussion of the Berne convention strictly dealing with copyrights and various ways of protecting the copyright, After which a brief discussion and definition of copyright laws in India and infringement rights. Chapter II Literature Review. As part of a thesis, the literature review helps you to show your information of previous work in your field and to situate your own research in the context of this work. The literature review will form one distinct chapters of this dissertation may also be part of the introductory chapter or be incorporated as background for a number of chapters. However the review is incorporated and it the total backbone on the field of my study A literature review can have a number of purposes within a thesis. Chapter II consists of a brief annotated bibliography of citations to books, and articles given below in the list of references. Each citation is followed by a brief description of about 150 words descriptive and evaluative paragraph. The purpose of the annotation is to inform the reader of the relevance, accuracy, and quality of the sources cited in the dissertation few paragraphs of the book will be cited in the any of the chapters in the dissertation. Literature review will give us a brief understanding of the research problem and the aim we are trying to reach in this research paper A literature review consists of these things as follows
  • 13. School of law, Mumbai 2015-2016 Page 13 It is organized around and related directly to the research question I am developing synthesize results into a summary of what is and is not known identify areas of controversy in the literature formulate questions that need further research In my dissertation I have referred to in total 15 books, which pertains to a important part of my thesis. This chapter will explain the literature reviews and offer insights into the form and construction of literature in copyright specifically. Chapter III Research methodology We will study cases on plagiarism, fair use, and give a brief description of copyright infringement so that we can differentiate between plagiarism and infringement, and how fair use plays a vital role in plagiarism. Our research will be “pure and exploratory” method, pure as we are trying to solve our hypothesis, and exploratory as we have some idea about our research problem, and also quality research as we have information and no statistical data in our analysis. Statement of Problem: My problem statement is the picture of an issue at present existing which needs to be tackled. It aims to prove the context for the research study and create the query which the study aims to answer To find out the thin line of difference between plagiarism and copyright infringement To determine how to curb the act of plagiarism; Would video mash-up amount to plagiarism or copyright infringement. Hypothesis
  • 14. School of law, Mumbai 2015-2016 Page 14 And brief description of out hypothesis will be given and how the research will be conducted keeping which factors in mind, how we will implement the study, and proving out hypothesis. Whether there is any kind of material which can be plagiarised? Whether there is any kind of material which gets stolen more often? Whether it is only the students who plagiaries? Whether the advanced technology has made it easy to copy videos and remix it? Aim The rationale behind the work is to give a comparative analysis of plagiarism and infringement and bring about a understanding of what is original work and what is not. To understand videos mash-up. What is Fair use. Up to what extend would it be fair use (substantial material). Definitions of terms Plagiarism:- The act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind. Copyright:- Copyright is a right given by the law to creators of literary, dramatic, musical 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. There could be slight variations in the composition of the rights depending on the work. Mash-up:- A paper that represents a mix of copied material from several different sources without proper citation or movie or video having characters or situations from other sources or a Web service or application that integrates data and functionalities from various online sources
  • 15. School of law, Mumbai 2015-2016 Page 15 Fair Use:- According to section 52 copyrights act (a) fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme] for the purposes of- (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work (b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events- (i) in a newspaper, magazine or similar periodical, or (ii) by broadcast or in a cinematograph film or by means of photographs. (iii) the reporting of current events, including the reporting of a lecture delivered in public. Explanation. The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright. Moral Right:- Rights that the creator of a copyrighted work has to ownership and control of the work, as recognized by civil law and some common law jurisdictions. Moral rights typically include the right to the integrity of the copyrighted work, the right to publish anonymously or under a pseudonym, and the right of attribution. Moral rights are different from the economic rights rendered by copyrighting. Chapter IV Analysis and findings Chapter IV will consist of the present findings, as I have referred to a number of book which will bring a brief understanding on the topic of Plagiarizing Of Information Both Online And Offline, Mash-up Video. The chapter will start with a brief definition of Plagiarization and cases pertaining to plagiarization, and types of plagiarization. Today we have digital media plagiarization the types are as follow 1. CLONE: An act of submitting another’s work, word-for-word, as one’s own. 2. CTRL-C: A written piece that contains significant portions of text from a single source without alterations. 3. FIND–REPLACE: The act of changing key words and phrases but retaining the essential content of the source in a paper. 4. REMIX: An act of paraphrasing from other sources and making the content fit together seamlessly.
  • 16. School of law, Mumbai 2015-2016 Page 16 5. RECYCLE: The act of borrowing generously from one’s own previous work without citation; To self plagiarize. 6. HYBRID: The act of combining perfectly cited sources with copied passages—without citation—in one paper. 7. MASH-UP: A paper that represents a mix of copied material from several different sources without proper citation. 8. 404 ERROR: A written piece that includes citations to non-existent or inaccurate information about sources. 9. AGGREGATOR: The “Aggregator” includes proper citation, but the paper contains almost no original work. 10. RE-TWEET: This paper includes proper citation, but relies too closely on the text’s original wording and/or structure. My study will give a detailed analysis of these types of plagiarization digital media, after this in my study I will be dealing of mash-up of videos. How does one know if the video used is a fair use? So to define fair use we need to keep these factors in mind the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work. I will give a detailed analysis on “Fair Use” according to the copyright laws. What is fair use and relevant cases. The famous case in the USA court of law Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir. 2005), is a court case that has proved important in defining American copyright law for recorded music. The case centered on N.W.A.’s song "100 Miles and Runnin'" and Funkadelic's "Get Off Your Ass and Jam". Essentially, N.W.A. sampled a two-second guitar chord from Funkadelic's tune, lowered the pitch and looped it five times in their song. hence the court had passed a judgment to get A license and not to sample because they did not see any creativity in the music.
  • 17. School of law, Mumbai 2015-2016 Page 17 Chapter V Conclusion and Suggestion Chapter V will deal with the thin line of difference between plagiarization and actually what is not plagiarization Chapter IV will deal with the finding in cases and the reviews and understanding, apart from that we will be dealing with fair use. We will be provide relevant judgment and famous cases and scandals in plagiarization. It will be a brief discussion on the findings on the cases and scandals what is plagiarization and how is it differentiate as today there is a thin line of difference between them. After which we will talk about video mash-up up which comes under copyright infringement and plagiarism. One of the sub heads will be the copyright infringements which will deal with plagiarism and upon infringement what laws will be used and will come which section. Chapter IV will give us a details study, upon infringement which law should one refer too and till what extend one can refer to that far or section will it be a civil or criminal law. This chapter will deal with my conclusion and own finding, it will give a brief view that upon infringement which laws and how do they apply. It will give a brief study upon my evaluation on copyright and plagiarism. How important these matters are today how necessary it has become to study thses cases and provide a safe outcome in these matters. This chapter will be a brief conclusion on my finding and my method to deal with the problems. It will also deal with the lacuna in the copyright law mainly dealing with territorial jurisdiction, that is issues with boundaries, were the cases have to be filed and will also deal with the economical aspect, economic aspect of copyright infringement. Future Scope of study Today plagiarism is found in almost all fields of copyright : literature, music, design, online offline etc. That is why nowadays a lot of notice is given to recognize and discovery of plagiarism. We find that many challenges can be explained by lack of knowledge about the legal or policy rules. Today there is a lot of misconception and confusion about the copyright laws, among the content creator and consumers, they do not have sufficient knowledge about these laws and hence need guidance, or need to be informed about the Laws.
  • 18. School of law, Mumbai 2015-2016 Page 18 In today’s world how can we minimise plagiarism? How will the growing technology help one to curb plagiarism? Is there any plagiarism prevention technology that could detect duplicate video content across the web? References:  Plagiarism, Intellectual Property and the Teaching of L2 Writing : Explorations in the Detection based Approach. By: Bloch, Joel  Original Copy : Plagiarism and Originality in Nineteenth-Century Literature By: MacFarlane, Robert  Plagiarism By: Marsh, Bill  Steal This Music : How Intellectual Property Law Affects Musical Creativity By: Demers, Joanna  Against Intellectual Monopoly By: Boldrin, Michele, Levine, David K.  Film and Television Distribution and the Internet : A Legal Guide for the Media Industry By: Sparrow, Andrew  Creative Artist's Legal Guide : Copyright, Trademark and Contracts in Film and Digital Media Production By: Seiter,Bill,Seiter, Ellen  Copyright Law and a Brief Look at the Google Library Project By: Rhodes, Brett D  New Media Theory : Mics, Cameras, Symbolic Action : Audio-Visual Rhetoric for Writing Teachers By: Halbritter,Bump  Invention, Copyright, and Digital Writing By: Rife, Martine Courant  Remix the book By: Amerika, Mark
  • 19. School of law, Mumbai 2015-2016 Page 19  Copyright and Piracy By: Bently,LionelDavis,Jennifer Ginsburg, Jane C.  How to Fix Copyright By: Patry, William  Copyrights and Copywrongs : The Rise of Intellectual Property and How it Threatens Creativity (1) By: Vaidhyanathan, Siva  Intellectual Property Law Library, Volume 2 : Protection of Broadcasters' Rights By: Ogawa, Megumi
  • 20. School of law, Mumbai 2015-2016 Page 20 CHAPTER 1 Introduction 1. History of plagiarism "Immature poets imitate; mature poets steal" - TS Eliot. Plagiarism, as said is copying someone else’s work without citation. Plagiarism is writing someone else’s art or creativity and claiming it as oneself, plagiarism is not just copying someone else work and claiming it as one’s own work but it also covers misappropriation, faulty citation, imitation, cheating, copyright infringement as there is a thin line of difference between infringement and plagiarism, would include plagiarism. The word plagiarism is derived from the Latin word plagiaries, which means to kidnap or abduct. The word began to be used in the English language sometime during the 1600s. While it originally meant to literally kidnap someone, it gradually came to mean to pass off, in part of whole, someone else's work as your own.1 Plagiarism as simple as the word looks, is as simple to understand, plagiarism simply means acknowledgement of the authors work. The plagiarist cleverly disguises the original text by seeking to hide his misdemeanour and make us forget his source, the author of pastiches signals to the reader, through overwrought stylistic devices, that a game is being played. He does not intend to steal the work, as does the plagiarist, or steal the author’s signature, as does the forger. The author of pastiches is not a cheat but a prankster.2 If we go back way in the 40 AD, we can say our first Roman poet Martial who introduced the word plagiarism when he knew that his work was being misused by other poets, he was the one who said that plagiarism was derived from the Latin word “Plagiarius”, Martial had said that his work was copied by another poet Fidentinus use his Martials work and claims it to be his own, during that era there were no copyright laws to protect the people from other people who would plagiaries their work. Therefore Martial through many of his other poems pointed 1 http://timesofindia.indiatimes.com/home/sunday-times/Whats-the-origin-of-the-word- plagiarism/articleshow/1519035.cmsAccessed on12th June 2016, 2 Stealing the Fire. Amsterdam, NL: Rodopi,2010. ProQuest ebrary. Web. 12 June 2016.
  • 21. School of law, Mumbai 2015-2016 Page 21 out at the poets who stole his poems and claimed it as his own, he made it a point to name all the poets in his poems whoever had stolen his work, specially pointing out to Fidentinus he had worse the verse, “FAME HAS IT THAT YOU, FIDENTINUS, RECITE MY BOOKS TO THE CROWD AS IF NONE OTHER THAN YOUR OWN. IF YOU’RE WILLING THAT THEY BE CALLED MINE, I’LL SEND YOU THE POEMS FOR FREE. IF YOU WANT THEM TO BE CALLED YOURS, BUY THIS ONE, SO THAT THEY WON’T BE MINE.3” Martial has said that “Fidentinus” will not succeed in becoming as a great poet Martial is because he lack creativity and expert, indirectly Martial tried to tell us that one needs to be creative to produce his own original work and copied and work will not take the person far away. 1.1.1 Some of the great Plagiarist 1.1.1 T. S. Eliot Plagiarism is the fails to give credit to the original writer, another famous case of plagiarism was, T. S. Eliot "stole" the famous opening of Shakespeare's barge passage, "The barge she sat in, like a burnish'd throne, / Burn'd on the water" becoming "The Chair she sat in, like a burnished throne, / Glowed on the marble."4 Eliot was knows the word kleptomaniac, in his Famous book The Waste Land. Plagiarism in the broad sense is really ambiguous word as there is no specific meaning given to it. Plagiarism can ruin a writers carrier, it can make a living of a person shut in just the few verses he copies without giving the author proper acknowledgement. These were the two prominent cases and famous cases through which we understand the term of plagiarism. 1.1.2 Martin Luther King Jr Martin Luther King Jr very well know politician in the United State during the 50’S and 60’S was a part of the civil war, had plagiarized his dissertation project when he was studying 3 https://www.plagiarismtoday.com/2011/10/04/the-world%E2%80%99s-first-plagiarism-case/ last Accessed on12th june 2016 at 2 30 pm 4 http://www.theatlantic.com/magazine/archive/2002/04/on-plagiarism/302469/ accessed on 12th june 2016,2 30Pm
  • 22. School of law, Mumbai 2015-2016 Page 22 to get a doctorate degree, Martin Luther King Jr was accused of using improperly sources and material for this dissertation and not giving proper acknowledgement to the rightful authors, in-spite of the plagiarism been known to the university they did not take any action against the king. 1.1.3 Jane Goodball The 2003 Modern Language Association (MLA) Handbook for Writers of Research Papers recalls the Latin plagiarius in defining plagiarism as a “form of cheating” involving the wrongful usurpation of another’s intellectual property5 as we approach the 2000’s era Jane Goodball a very well knows scientist and a lady who is a animal activist wrote many books on chimpanzees. Goodwill had plagiarised her book “seed of hope” in various ways, she has taken paragraphs and various other sources from other places and had not acknowledge the same to the respective authors, so much she has stolen material from Wikipedia and Astrology sites and given it her own name, so much so she had copied various other material from various other sources and not given proper acknowledgement to it (by proper acknowledgment is I mean she has given acknowledgement at the end of the book but had not specified where what is written) , her book was revoked from but later been released in 2014, this was her first plagiarism and since she was a idol for many people, no such action was taken against her. 1.1.4 Helen Keller The Frost King was short story of The Frost King, written by Helen Keller who was just 11 years at that time , she had lost her eyesight at the age of 19 months, Helen Keller was accused of copying the story of “frosty faires” written by Margaret Canby , there was lots of similarity by the story line of both the books, Helen Keller was already a child celebrity by the age of 9, but because of her young age she was not accused of plagiarism but the people who were around her were accused her of plagiarism, we can say because she was young and a blind she was not accused, thus after which she was not accused of any plagiarism in her entire carrier. 1.2 DIGITAL MEDIA PLAGIARISM. 5 Marsh, Bill. Plagiarism. Ithaca,US: SUNY Press, 2007.ProQuest ebrary. accessed on Web. 12 June 2016.
  • 23. School of law, Mumbai 2015-2016 Page 23 What exactly is plagiarism? The Merriam-Webster Online Dictionary defines plagiarism as: 1) stealing and passing off (the ideas or words of another) as one's own; 2) using (another's production) without crediting the source; 3) committing literary theft and 4) presenting as new and original an idea or product derived from an existing source.6 The Oxford dictionary defines plagiarism as "To take and use somebody else's ideas, words, etc. as if they were one's own." The rapid development and expansion of digital technology has transformed academic dishonesty into "digital cheating" on campuses across the country. “In a 2006 article in the New York Times, college educators and administrators addressed the issue concerning how digital forms of academic misconduct have been on the increase”7. Digital forms of cheating may not be dissimilar in kind, but could be less effortful, mainly with the ease of using a copy-and-paste function to fit in others' digital text into one's own. With the introduction of computer writing in the mid 2000’s, what we will call digital age writing, came ubiquitous and highly useful functions “copy and paste”. Moving paragraphs of texts around from one part of a document to another was not that easy; in fact, for people used to the deadly physical cutting and pasting on the layout table. But Digital age is supposed to be a boon, as they say, but it comes with its own curse. As the internet and the World Wide Web brought the whole world together, it became possible not only to copy and paste within one's own computer but also from the zillions of documents on practically every conceivable topic under the tip of a click, readily available in the wide world of the web. Put that together with the prehistoric urge of the dishonest writer to make it big the easy way, on one said internet is a boon and a on the other side a curse, where it helps one to increase their knowledge it puts a stop to the develop there capacity of thinking. Online plagiarism is growing in India and outside India, with so much of available data available online and different hosts and colleges providing us with so many research sites, instead of research people tend to search of information that they can include in their work 1.3 HISTORY OF COPYRIGHT 6 http://search.proquest.com.ezproxy.svkm.ac.in:2048/docview/1698951455/49DDF4B165F42A1PQ/2?accounti d=32277 last Accessed on12th June 2016. 7 http://search.proquest.com.ezproxy.svkm.ac.in:2048/docview/908974952/1A32C11D1A6E407DPQ/7?accounti d=32277 last Accessed on12th June 2016
  • 24. School of law, Mumbai 2015-2016 Page 24 The advent of movable type in 1436 caused a production of books across Europe. It is estimated that before Gutenberg’s printing press the number of books in all of Europe numbered in the thousands, but that within 50 years, that number approached ten million. Such volatile growth and its associated economic chance created an immediate need for protection of the rights of both author and publisher from the earliest of literary pirates. As we have seen the plagiarism cases, already mentioned above we could see the rise in plagiarism. The world’s first copyright law, the Statute of Anne, was enacted in England in 1710. Exercising its power under the newly adopted Constitution to secure the rights of authors and inventors, Congress passed an act almost identical to the Statute of Anne as the first American copyright law in 1790. As books continued to be easier, faster, and cheaper to produce and distribute, domestically and internationally, in Europe and North America, it became clear that enhanced protection of authors and uniform international copyright standards were required. One such movement for international uniformity led to the Berne Convention and its 1887 adoption of certain, standard, minimum levels of copyright protection and their enforcement in the member countries across Europe and elsewhere the world. The present day is the locus of the most intense and most extensive expansion of technological progress in recorded history. Thus, if history is any lesson, this is an era in which broader, more secure copyright rights are essential to protect the rights of thinkers, writers, visionaries. 1.3.1 The First “Copyright” Dispute The first known dispute over ownership rights to the in print had word take place round about 560 A.D., resulting may be described as the first copyright settlement and the first recognition that the ownership of a creative work is akin to ownership of other types of property. The dispute arose in Ireland among Saint Columba and Saint Finnian. Saint Columba , without the permission of Saint Finnian , copied a Latin Psalter which was owned by Saint Finnian, who placed huge value on the literally work. When Finnian had the knowledge of what had happened due to a small amount of his negligence, he demanded the copy from Saint Columbia, but Saint Columbia refused to admit defeat. Saint Finnian then petitioned
  • 25. School of law, Mumbai 2015-2016 Page 25 Dermott, the King of Ireland, who in his verdict, which was in favour of Saint Finnian stating, "to every cow belong its calf, so to every book belong its copy." The King indirectly tried to tell us the original copy will belong to the original producer. 1.3.2 THE STATUTE OF ANNE – 1710 In January 1710, The Status of Anne bill was put forth before The House of Commons, and after a lot of deliberation and revision , in April 1710, it became effective as the Statute of Anne, “An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned.”8 “The Statute of Anne, was a small statute which included of eleven parts. “ One, to promote learning.  Second, to prevent any other person save the author to print or reprint the book/literary work for a limited duration of 21 years in its retroactive operation. The statute had an additional affirmative angle as regards the economics of publishing involved in that it titled the same in favour of the citizen and any person could now bring a complaint against the bookseller or the printer if they charged a price which such a person conceived to be too high and unreasonable. This Act did not confer a monopolistic status to the authors but only secured them the right to be entitled to their legitimate dues. However the increase in the term of protection to the lifetime of the author was still due and took place subsequently.”9 The case of Millar v. Taylor, brought triumph to the Stationer as their perpetual protection of common right was upheld. However, this decision could not stand the test of time and five years later, the House of Lords overruled Millar’s decision that no perpetual copyright existed in copyright law. This principle of balancing the exclusive right of the author or publisher in the work came with the historic judgment of the House of Lords in the case of Donaldson v. Beckett. Queen Anne’s Statute was the first statute, which opened the gates for the law of copyright in its true sense and afforded protection to the authors for their creative works, as its prime objective, rather than protecting the monopoly of publishers, who indulged in unjust enrichment of their pockets under the sanction of law at the expense of such ‘men of letters’. The statute was indeed a turning point in the history of copyright laws. 8 http://www.garph.co.uk/IJARMSS/Jan2015/7.pdf accessed on 12th june 2016,at 2:45 Pm 9 http://www.garph.co.uk/IJARMSS/Jan2015/7.pdf accessed on 12th june 2016,at 2:45 Pm
  • 26. School of law, Mumbai 2015-2016 Page 26 As the first modern copyright law, the Statute of Anne recognized copyright as an author's right, a major and important change in philosophy and in law. The Statute of Anne required the authors or owners of the rights to register their works in the Stationers’ Company register book as a condition of protection. Under this statute, if the author were living at the end of the initial fourteen year term, the author would receive another term of exclusive copyright protection for another fourteen year term. 1.3.3 BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886 Following a campaign by French writer Victor Hugo and his Association Littéraire et Artistique International the Berne Convention for the Protection of Literary and Artistic Works is agreed. The aim is to give creators the right to control and receive payment for their creative works on an international level. Works protected include:  “novels, short stories, poems, plays;  songs, operas, musicals, sonatas; and  drawings, paintings, sculptures, architectural works”.10 1.3.3.1 Madrid Agreement - 1891 With the adoption of the Madrid Agreement, the first international IP filing service is launched: the Madrid System for the international registration of marks. In the decades that follow, a full spectrum of international IP services will emerge under the auspices of what will later become WIPO.11 1.3.3.2 World Intellectual Property Organization (WIPO)1996 Hence after the Madrid Convention in 1893, the United International Bureaux for the Protection of Intellectual Property (BIRPI) was established to administer the Berne Convention from its city of origin. PIRPI moved to Geneva in 1960, for proximity to the United Nations offices there. In 1970, the World Intellectual Property Organization (WIPO) was established to take the place of BIRPI, and in 1974, WIPO became a part of the UN. 160 10 http://www.wipo.int/about-wipo/en/history.html last Accessed on12th June, 2016 at 12.45 PM 11 Ibid
  • 27. School of law, Mumbai 2015-2016 Page 27 counties were a part of the Berne convention, time and again the Berne convention was amended by making changes in the rights of the owner, in 1908 to make the duration of copyright the life of the author plus 50 years, but that amendment was not obligatory for the member, countries with a shorter term were allowed to keep hold to their present terms. There are currently 35 countries in the world that have a term of life plus 70 years including the US, UK, Germany, France, Italy and Switzerland. Two countries that have longer terms – Mexico (life plus 100 years) and Guatemala and (life plus 75 years). In 1996, the WIPO Copyright Treaty was adopted which had in its preamble: “Desiring to develop and maintain the protection of the rights of authors in their literary and artistic works in a manner as effective and uniform as possible, . . . Recognizing the profound impact of the development and convergence of information and communications technologies on the creation and use of literary and artistic works, . . . Recognizing the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, as reflected in the Berne Convention.”12 1.3.3.4 TRIPS (Trade-Related Aspects of Intellectual Property Rights) 1995 The TRIPS “Agreement had came into effect on 1 January 1995, is to date the most complete mutual agreement on intellectual property. The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks; geographical indications; industrial designs; patents, including the protection of new varieties of plants; and undisclosed information together with trade secrets”. The Three main features of the Agreement are: 1) Standards: In respect of each of the main areas of intellectual property covered by the TRIPS Agreement sets out the minimum standards of protection to be provided by each Member. Each of the main elements of protection is defined, namely the subject-matter to be protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection. The Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris convention for the 12 http://www.historyofcopyright.org/pb/wp_f12e0c69/wp_f12e0c69.html last Accessed on12th June 2016, at 12:50 PM
  • 28. School of law, Mumbai 2015-2016 Page 28 protection of industrial property (Paris convention) and the Berne Convention for the protection of literary and Artistic Works (Berne Convention) in their most recent versions must be complied with. With the exception of the provisions of the Berne convention on moral rights, all the main substantive provisions of these conventions are included by reference and thus become a duty under the TRIPS Agreement between TRIPS member countries. 2) Enforcement: The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR enforcement procedures. In addition, it contains provisions on civil an administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights. 3) Dispute settlement: The Agreement makes settlement procedures of disputes between WTO members about the respect of the TRIPS obligation subject to the WTO’s dispute. “In addition the Agreement provides for certain basic principles, such as national state and most- favoured-nation treatment and some general rules to ensure that procedural difficulties in acquiring or maintaining IPR do not nullify the substantive benefits that should flow from the Agreement. The obligations under the Agreement will apply equally to all member countries, but developing countries will have a longer period”. 1.3.3.5 TRIPS According to Copyright Laws During the Uruguay Round negotiations, it was recognized that the Berne Convention already, for the most part, provided adequate basic standards of copyright protection13n as it was said Paris Convention and Berne Convention had laid down the foundation for copyright, they had laid down the standard in which copyright had evolved and what they had to follow, TRIPS only went a step further, “Members do not have rights or obligations under the TRIPS Agreement in respect of the rights conferred under Article 6bis of that Convention, i.e. the 13 https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm last Accessed on12th June 2016, at 2:00 PM
  • 29. School of law, Mumbai 2015-2016 Page 29 moral rights (the right to claim authorship and to object to any derogatory action in relation to a work, which would be prejudicial to the author's honour or reputation), or of the rights derived there from”14 The TRIPS Agreement include certain details. Article 9.2 confirms that copyright protection shall extend to expressions and not to ideas, procedures, and methods of operation or mathematical concepts as such. Article 10.1 provides that computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971). This provision confirms that computer programs must be protected under copyright and that those provisions of the Berne Convention that apply to literary works shall be applied also to them. It confirms further, that the form in which a program is, whether in source or object code, does not affect the protection. Article 10.2 clarifies that databases and other compilations of data or other material shall be protected as such under copyright even where the databases include data that as such are not protected under copyright. Databases are eligible for copyright protection provided that they by reason of the selection or arrangement of their contents constitute intellectual creations. The provision also confirms that databases have to be protected regardless of which form they are in, whether machine readable or other form. Furthermore, the provision clarifies that such protection shall not extend to the data or material itself, and that it shall be without prejudice to any copyright subsisting in the data or material itself. According to the general rule contained in Article 7(1) of the Berne Convention as incorporated into the TRIPS Agreement, the term of protection shall be the life of the author and 50 years after his death. Paragraphs 2 through 4 of that Article particularly permit shorter terms in certain cases. These provisions are addition by Article 12 of the TRIPS Agreement, which provides that whenever the term of protection of a work, other than a photographic work or a work of applied art, is calculated on a basis other than the life of a natural person, such term shall be no less than 50 years from the end of the calendar year of authorized publication, or, failing such authorized publication within 50 years from the making of the work, 50 years from the end of the calendar year of making. 14 Ibid
  • 30. School of law, Mumbai 2015-2016 Page 30 Article 13 requires Members to confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder. This is a horizontal provision that applies to all limitations and exceptions permitted under the provisions of the Berne Convention and the Appendix thereto as incorporated into the TRIPS Agreement. The application of these limitations is permitted also under the TRIPS Agreement, but the provision makes it clear that they must be applied in a manner that does not prejudice the legitimate interests of the right holder.15 15 Supra note 11
  • 31. School of law, Mumbai 2015-2016 Page 31 1.4 History of copyright laws in India:- 1.4.1 The East India Company:- Modern copyright law gradually developed in India, over a span of 150 years. The first need of copyright law occured in 1847 through an enactment during the East India Company’s regime. “The Act passed by Governor-General of India affirmed the applicability of English copyright law to India. According to the 1847 law, the term of copyright was for the lifetime of the author plus seven years post-mortem and could not exceed forty-two years on the whole. Though the author decline publication after his death, the Government had the right to give licence for its publication. The act of infringement was inclusive of unauthorized printing of a copyright work for “sale, hire or export”, or “for selling, publishing or exposing to sale or hire”. The suit for infringement under this act could be instituted in the “highest local court exercising original civil jurisdiction”. The Act also specifically provided that under an agreement of service copyright in “any encyclopaedia, review, magazine, periodical work or work published in a series of books or parts” shall vest in the “proprietor, projector, publisher or conductor”.16 Registration of the work with Home Office was mandatory for the securing the rights under this enactment. However, the Act reserved the subsistence of copyright in the author, and his right to sue for its infringement to the extent available in any other law except 1847 Act. The Copyright Act 1911, while repealing earlier statues on the subject, was also made applicable to all the British colonies including India. In 1914, the Indian Copyright Act was enacted which modified some of the provisions of Copyright Act 1911 and added some new provisions to it to make it applicable in India. The Copyright Act 1914, stayed intact in India till 1957 when it was replaced and taken over by the Copyrights Act 1957. 1.4.2 The Copyright Act, 1911 he Copyright Act 1911, while repealing earlier statues on the subject, was also made applicable to all the British colonies including India. In 1914, the Indian Copyright Act was enacted which modified some of the provisions of Copyright Act 1911 and added some new provisions to it to make it applicable in India. Indian Copyright Act 1914 remained applicable in India until it was replaced by the Copyright Act 1957. 16 http://www.garph.co.uk/IJARMSS/Jan2015/7.pdf accessed on 12 june, 2016 at3:00 PM.
  • 32. School of law, Mumbai 2015-2016 Page 32 1.4.3 The Copyright Act, 1957 In India, the Copyright Act, 1957 (as amended in 1999), the Rules made there under and the International Copyright Order, 1999 govern Copyright and neighbouring rights. This Act has been amended five times i.e. 1983,1984,1992,1999 and most recently in 2012.The Act is divided into 15 chapters with 79 sections. Moreover, the Central Government, by virtue of section 78 is empowered to make rules by notification in the Official Gazette, for carrying out the purposes of this Act. Under the Act, a copyright office was established under the control of a registrar of copyright who was to act under the superintendence and direction of central government. The principal function of this office was to maintain a register of copyright containing the names or titles of work, the names and addresses of authors, etc. The registrar had certain powers like engaging in disposing of applications for compulsory licenses and to inquire into grievance of importation of infringing copies. A Copyright Board had been set up under the Act and the proceedings before it are deemed to be judicial proceedings. The definition of copyright included the exclusive right to communicate works by radio diffusion; the cinematograph was given a separate copyright; the term of copyright protection was extended from 23 to 50 years which was again extended to 60 years in 1992; term of copyright for different categories of work was also specified. The right to produce a translation of a work was made coextensive with other rights arising out of copyright. Provisions relating to assignment of ownership and licensing of copyright including compulsory licensing in certain circumstances, rights of broadcasting organisations , international copyright, definition of infringement of copyright, exceptions to the exclusive rights conferred upon the author or acts which do not constitute infringement , special rights of authors, civil and criminal remedies against infringement and remedies against groundless threats or legal proceedings were also introduced. 1.5 Fair Use Fair use is a judicially formulated concept, which enables us to use copyrighted work, without the permission of the copyright owner. In a libraries, an information resource is used by a huge number of people. The Copy Right law consider, for educational and research purpose, making copies to some extent as "fair use". Fair use depends upon the percentage of a document that is copied
  • 33. School of law, Mumbai 2015-2016 Page 33 Fair Use - What constitutes “fair use” is debatable. However there are certain factors that govern fair use: 1. Purpose and Character of Use, i.e. is it for commercial use or for non-profit educational purposes? 2. Nature of the Copyrighted Work - The fair use principle is generally more indulgent for fact-based works than it is for “fanciful” works, and also is broader for published works than it is for unpublished works. 3. Amount or Proportion of the Whole That is to be Copied - Effect that the use has on market potential or the value of the copyrighted work. Section 52(1), Indian Copyright Act, 1957 provides that a fair dealing (fair use) with any work for the following purposes does not constitute infringement: 1) private or personal use, including research 2) criticism or review, whether of that work or of any other work 3) reporting of current events and current affairs including the reporting of a lecture delivered in public17 By fair use we can judge if the work that is copied , plagiarised, will amount to infringement or will it come under fair use, because only a fair amount of work can be used , under different circumstances, in my subsequent chapters I will give a brief idea on fair use, and what will amount to fair use. what do we get in short Today’s high school students have grown up in a technologically rich world; they are what we refers to as digital natives. Technology is flawlessly included into all aspects of their lives and has become the plagiarist’s tool of choice. The appearance of the Internet as an educational tool has created abundant opportunities for copying and pasting from more than billions of Web pages. With the click of a mouse, paragraphs of text or entire papers may be downloaded. The page can be then copied and pasted anywhere one feel likes. Computers and the Internet are integral parts of the lives of today. The majority of people in the United States have access to computers and the Internet, either at home or at school or at work. People are exposed to technology at a very early age, and with the growing era. Copyright is a legal right created by the law of a country that grants the creator of an original 17 Indian copyright act 1957. https://indiankanoon.org/doc/1013176/ accessed on 25 june,2016 at 3:00Pm
  • 34. School of law, Mumbai 2015-2016 Page 34 work exclusive right to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive monetary benefit for their creative effort. The application of copyright law to electronic resources is receiving more attention as technologies grow in kind and complexity. The function of copyright as a means of protection for software continues to be questioned. The rapid growth of electronic resources has precipitated revisions in copyright law in the past decade. Online reference manager tools have been recognised as one of the most advantageous digital tools for present day researchers. They are the influential mechanisms which guide in handling, organising and recording individual's research specially in formatting bibliographies. Technology has altered the manner researchers used to provide footnotes for the citations occurring in their text. Online reference management tools cater a researcher the facility to import references from variety of sources such as bibliographic databases, library catalogues and websites etc. A researcher can manage or edit the references if they are available in the system and if he can't be able to find the references online he may add them manually, but in spite of having all these amenities in hand people still plagiarise because the amount of information available to them is and will the less knowledge they plagiarise without the knowledge, as we know now we have plagiarism software to detect the any plagiarism done in any write up or thesis or dissertation. There are various website where one can enrol to find out if they the students works is plagiarised or if it not. Today we have plagiarism check software’s/tools are available online as open source software’s and commercially paid per licence. Almost plagiarism detection software’s provide similarity report with respective original source of submitted document after plagiarism checked. In digital age plagiarism detection service is very beneficial for academicians, researchers and publishers to timely submission/publication of without plagiarism. There are two aspects which will be the primary focus of this part. The former deals with an integral facet of copyright law i.e. the fair dealing doctrine; while the latter deals with other threats or concerns that may be posed in general if Google is given the legal support, As we know Google is a open secures to get information we can just on one click open around thousand of sites relevant to out topic of liking, as we all know open sources are not reliable, just referring to Google will not give us reliable information, with the rise of Wikipedia and Google we will have enough information but will not have reliable information, how do we
  • 35. School of law, Mumbai 2015-2016 Page 35 know what is reliable , of what we should relay on? There this study is conducted to lay out the difference, we cannot just copy and paste information without knowing if it is reliable we need to understand the source we are taking it from. Subsequent to this we will talk about video Mash up As society has moved into the Internet Age, people are growing accustomed to having more and more data at their finger tips in more formats about more topics As a means of competing commercially for surfers, traffic, and revenue, and in some measure, out of sheer creativity, "mashaps" are now springing up all over the Internet. A mash up is the result of an Internet application that blends or mashes together two or more sources of content or data available on the Internet. While the potential for new and exciting mash up applications is great, so are the legal issues that face mash up developers. The provision of mashed Web services is certainly a trend of the future, but the development of them is fraught with potential legal liabilities that require careful consideration. Because mashups by its sole meaning includes the combination of someone else's work or data converted with the help of application ,into a new work. Mash-up can cause a various legal implications that should be considered, preferably before a significant amount of time is put into creating something new, the legal reputations should be knows or permission from the rightful owner should be taken.
  • 36. School of law, Mumbai 2015-2016 Page 36 CHAPTER 2 Literature Review. 2.1 Plagiarism, Intellectual Property and the Teaching of L2 Writing : Explorations in the Detection based Approach CONTRIBUTOR Bloch, Joel PUBLISHER Channel View Publications DATE PUBLISHED March 2012 Below is a review of the book “Plagiarism, Intellectual Property and the Teaching of L2 Writing: Explorations in the Detection based Approach”, written by Bloch & Joel published by the Channel View Publications. THIS BOOK EXAMINES or discusses the problem of plagiarism. Plagiarism refers to the inappropriate use of what is called intellectual property. In the United States, intellectual property is defined as creative acts that have been placed in a fixed medium. Chapter I Intellectual property differs from physical property in that, with often complex restrictions, it can be borrowed, distributed and utilized without seeking the permission of the owner, something that would be a clear violation of the law in regard to physical property. Intellectual property is often given a fixed limit of protection, which is rarely true for physical property. Ideas, on the other hand, are not considered intellectual property unless they are placed in a fixed medium. The use of intellectual property, both inside and outside the classroom, is governed by a myriad of often highly contested legal and ethical rules. Today, there has been much concern about violations of these rules, what are sometimes termed as the ‘plagiarism epidemic’ or the ‘piracy’ epidemic . As will be discussed in more detail later, there is no general agreement as to whether such epidemics exist and, if they do, how they should be dealt with. Chapter II 2 Intellectual Property Issues and Plagiarism: over Both What Teachers Means Second-Language the for Debate First and Writing tells us how authorship has been revolutionised by the growing time uneven, evolution in the relationship between the text and
  • 37. School of law, Mumbai 2015-2016 Page 37 its author, often related to the development of new technologies. Walter Benjamin’s (1968) view that the easy reproduction of texts, whether they are written texts or artistic images, changes their intrinsic nature can be extended to the even greater ease of reproduction the internet affords. Today, we often discuss the ‘death’ of the romantic concept of authorship; however, in reality, it is difficult to discuss authorship as a single, monolithic concept. The Legal Cases Shaping the Metaphors of Intellectual Property in Cyberspace Cyberspace Has become an important factor in the discussion of plagiarism not simply because students use it to search for information that can easily be cut and pasted but also because it has evolved as a physical space for writing. One approach for understanding how the use of intellectual property, whether it is from ethical or legal perspectives, can be found in the study of the various court cases that have contested the control of intellectual property on the internet. These cases are important for writing teachers both because they have provided the constraints for using and distributing teaching materials in the classroom and because they helped create some of the metaphors that frame how we think about plagiarism and IPR. It tells us in detail of the landmark judgments passed in the field of copyright and infringement. Gives in depth information of plagiarism and IPR connection.
  • 38. School of law, Mumbai 2015-2016 Page 38 2.2 Original Copy: Plagiarism and Originality in Nineteenth-Century Literature CONTRIBUTOR MacFarlane, Robert PUBLISHER Oxford University Press, UK DATE PUBLISHED March 2007 Below is a review of the book “Original Copy : Plagiarism and Originality in Nineteenth- Century Literature”, written by MacFarlane, Robert published in the Oxford University Press, UK. THIS BOOK EXAMINES or discusses what is Original, according to American professor Laurence J Peter, 'is the fine art of remembering what you hear but forgetting where you heard it.'18 pitifully, Franklin P Jones, had said that Originality is the work of an artist to cover his sources. This book gives a brief description of various poets and authors what they think about plagiarism and who is for plagiarism and who is against plagiarism. The books suggests that maybe however creative a person it something from somewhere is copied, because creativity is added one someone else’s ideas. In the books it says that the art of plagiarism is a sweet way to kill creativity, without attributing the author, and being a disguise of that author is not only sealing the authors identity but also his creative mind which the person does not have. They say not only does it only exposes the personality of the copied author but how the carrier of the person is ruined and finsined by one of the act that has been done by the alleged person. 18 MacFarlane,Robert. Original Copy : Plagiarismand Originality in Nineteenth-Century Literature. Oxford, GB: Oxford University Press,UK, 2007.ProQuest ebrary. Web. 13 July 2016.
  • 39. School of law, Mumbai 2015-2016 Page 39 2.3 Plagiarism CONTRIBUTOR Marsh, Bill PUBLISHER SUNY Press DATE PUBLISHED March 2007 Here is a review of the book “Plagiarism”, written by Marsh, Bill published in the SUNY Press. THIS BOOK EXAMINES or discusses the problem of plagiarism as well as a range of techniques and technologies introduced over the years in an effort to solve it. It begin by pointing out that what is termed as the “problem” of plagiarism tends to arise, and thus tends to be treated (identified, punished, cured, even encouraged), differently in different domains. Plagiarism infractions in most U.S. colleges and universities, for example, will likely bring out different reactions than related crimes perpetrated by, say, top-selling popular historians or avant-garde novelists. Nonetheless, the terms of the debate, and even the treatment of the perpetrator, may at times turn out to be the same. I begin, then, by suggesting that plagiarism continues to draw the attention of scholars and educators in part because the problem, while often dismissed as a simple matter of textual misuse, betrays a range of complexities not easily managed via simple, straightforward solutions. Basically this book give us a vide definition of what is plagiarization and in detail understanding Chapter 2 examine several description of plagiarism rooted in ideas of unsuccessful authorship and intellectual property violation. It is mentioned in that chapter that recent and most effective way to solve the plagiarism problem, is the internet software plagiarism detection sites and applications that can be downloaded free , perform a particular type of public control unique to post industrial technologies with the growing technology. Chapter 3 speaks about early-twentieth-century plagiarism procedure and assignment writing rules and regulations which including the “research paper” model that appear in the 1920s it gives us a brief idea about how students copy material from library books or hard copy. I further say that this book gives us a idea on how about offline material that is available to students was also widely used by them to plagiaries and continue with the research paper. In chapter 5, speaks about how one should ignore plagiarism, consider a range of research writing on this chapter the author talks about the handbook of plagiarism, as to how to avoid
  • 40. School of law, Mumbai 2015-2016 Page 40 it, and tells us about paraphrasing plagiarism this is being used widely by students now a days, there is very thin line of differences as students do not understand what is plagiarism and what will amount to original work. Chapter 7 in particular deals with my topic it focus on, analyzing four popular plagiarism software that is Glatt Plagiarism Services, Essay Verification Engine , Plagiarism Finder, and Turnitin.com. I say that these soft ware’s regulates healthy writing among students and show them the difference and how to actually use their creativity how the teaches have taught them overcome copying. In the concluding chapter I considered that plagiarism in the age of internet and introduction of computers has made it easy and most convenient to copy and hide the copying. this book tells us one version of the internet plagiarism detection services, and there mentioned above are the majorly used by different college and institutions and students.
  • 41. School of law, Mumbai 2015-2016 Page 41 2.4 Steal This Music : How Intellectual Property Law Affects Musical Creativity CONTRIBUTOR Demers, Joanna PUBLISHER University of Georgia Press DATE PUBLISHED February 2006 Here is a review of the book “Steal This Music : How Intellectual Property Law Affects Musical Creativity”, written by Demers, Joanna published in the University of Georgia Press. THIS BOOK EXAMINES or discusses that would music amount to be a property or Under what circumstances can music be stolen. Such questions lie at the heart of Joanna Demers’s timely look at how overzealous intellectual property (IP) litigation both choke and encourage musical creativity they are two sides of the same coin. The book specifically signifies that, people who copy of plagiarise and more ignorant towards the IPR laws and significance, with the Napster case it became evident to people of what can be copyrighted and what are the laws which were actually used in it. It gives us a brief description between plagiarisms and duplication, they tell us plagiarism id different and duplication is different, plagiarism is a crime so is duplication but duplication is directly copyright infringement and plagiarism only if proved to substantial use will amount to copyright infringement, the book has discussed a verity of cases on plagiarism is right to object to it not being similar right written work. It is clearly a land grab and is equivalent to the enclosure of common land. It should be opposed. In the books it clearly states is when the author copies someone else work and clearly uses that matter , and does not add or subtract anything from it, hence when one is doing something like that attribution should be given. The books states that the copyright office in USA, if someone samples anyone works for their use, they give money to the copyright society n the amount of work that has been taken as a sample and subsequently how many ever times the work is used , a reasonable amount is paid to the society.
  • 42. School of law, Mumbai 2015-2016 Page 42 2.5 Film and Television Distribution and the Internet: A Legal Guide for the Media Industry CONTRIBUTOR Sparrow, Andrew PUBLISHER Gower DATE PUBLISHED April 2016 Here is a review of the book “Film and Television Distribution and the Internet: A Legal Guide for the Media Industry”, written by Sparrow, Andrew published by Gower. THIS BOOK EXAMINES There is no area of business that is more radically influence by the outburst of internet services connected with computers, mobile phones then we have the film and television industry The internet is a medium through which the TV and Film content is shown to the viewers, it not only give services of viewing content online but also updates them with news, telecast of various other things. This book tells us that Music Distribution and the Internet specially focusing on UK and EU law focused on the distribution of television and film through the internet. This includes the various contract and copyright licenses they will need to get and who all it will affect for example studios, broadcasters, sales agents, distributors, internet service providers, film financiers, and online film retailers. As we know internet is a global medium, i.e. we can view anything is any part of the world, internet has not boundaries as the debate goes on. The book focus on the domicile of the infringing state, it totally depends under which treaty will the act prevail and if anyone of the country is not the contracting state it will not be govern under that law, but under the law of that state.
  • 43. School of law, Mumbai 2015-2016 Page 43 2.6 Creative Artist's Legal Guide : Copyright, Trademark and Contracts in Film and Digital Media Production CONTRIBUTORS Seiter,Bill,Seiter, Ellen PUBLISHER Yale University Press DATE PUBLISHED June 2012 LANGUAGE English Here is a review of the book “Creative Artist's Legal Guide : Copyright, Trademark and Contracts in Film and Digital Media Production”, written Seiter,Bill,Seiter, Ellen published by Yale University Press. THIS BOOK EXAMINES The Creative Artist’s Legal Guide is here to help students and teachers, lawyers and professionals to understand copyright and how to register copyright and try to give a clear understanding towards ti intellectual properly and reduce the confusion. It gives us a brief understanding of copyright and the distinction between the various types of work, that is artist, literary, musical, audio visual work, and architectural work. It gives us a brief explanation of derived work and and how is actually used and how much of it will Amount to fair use. It tell us things that cannot be copyrighted like names slogans etc, in short the chapter tells us the description of copyright law. Where on one hand it describes that US copyright law protects ideas but under the convention TRIPS and Berne ides are not protected as ideas can emerge to 2 people at the same time and one cannot stop that and give a persona right of copyright. Chapter 6 take a rounds internet and media it looks at the legal framework governing the Internet and new media, it gives us a brief idea DMR digital right management, which was introduces by USA so that there was minimum infringement on the internet or as we know it the cyberspace. And has discussed the case of Viacom international VS YouTube in detail about infringement and contributory infringement.
  • 44. School of law, Mumbai 2015-2016 Page 44 2.7 Copyright Law and a Brief Look at the Google Library Project CONTRIBUTOR Rhodes, Brett D. PUBLISHER Nova DATE PUBLISHED August 2010 LANGUAGE English Here is a review of the book “Copyright Law and a Brief Look at the Google Library Project”, written Rhodes, Brett D published by Nova Press. THIS BOOK EXAMINES The purpose of this monograph is to serve as an introduction to, and a starting point for research about, the law of copyright. It cannot feasibly be minutely detailed in its text or heavily annotated in its footnotes. Chapter 2 deals with The Google Book Search Library Project, which was announced December 2004,it had raised some important questions of infringing duplication and fair use under copyright law. As we know Google had planned to digitize, index, and display bits and pieces of print books in the collections of books under the Google search engine without taking any permission taken from copyright holders, if any. The authors and publishers of any book joined hands against Google for it but eventually Google claimed that they were under fair use had not committed any infringement, although they had uploaded books on the site they had kept a amount of the book hidden or not shown to the public, hence they would have to buy the digitalize version of the book plus they were giving rights to the authors to take down their books from the net whenever they wanted. Chapter 3 discuss about fair use and Hyperlinking, in-line linking, caching, framing, thumbnails. Kelly v. Arriba Soft Corp. The jury decided that thumbnails images would amount to fair use and not any copyright infringement. In the following case it has been discussed in detail how will one interprets fair use and how will one use it. And the 4 ruls or fair use have been explains which have been explained in detail in chapter five of my disserationg.
  • 45. School of law, Mumbai 2015-2016 Page 45 2.8 New Media Theory : Mics, Cameras, Symbolic Action : Audio-Visual Rhetoric for Writing Teachers CONTRIBUTORS Halbritter,Bump PUBLISHER Parlor Press DATE PUBLISHED November 2012 LANGUAGE English Here is a review of the book “New Media Theory : Mics, Cameras, Symbolic Action : Audio- Visual Rhetoric for Writing Teachers”, written Halbritter, Bump published by Parlor Press. THIS BOOK EXAMINES various modes to write and cultivate writing, they try to bring the thin line of difference between what is copied and when a student starts to actually write his paper. They try to bring as understand towards the teacher the difference between copying of audio and video. And how will it affect the students in today’s life, we all know audio and video and technology advancement will only and only be a positive for the children, but we don’t know when the line will be crossed between understanding and misusing the power that has been given in the hand of the teacher which will be passed on to the students. The New Media Theory series looks into both media and new medium as a complex environmental and rhetorical context. technical dispute and chance of writing teachers from beginning to end a conceptualization of writing and reading that could not have been imagined by enumerators writing professors at the turn of the twenty first century it focus on the contact that technology has made wiring very easy and on the other hand very difficult also students who are lazy and who are not. Rather than look to the formation and analysis of audio-visual texts as the goal of its pedagogy, it even focus on digital learning, audio visual videos teaching learning process great power and , as they make the topic friendly and legible to those who might not yet think about themselves a part of regain and writing, only copying and viewing. This books bring a thin line of difference between reading and visually seeing. How one can adapt to more or writing or visually understanding.
  • 46. School of law, Mumbai 2015-2016 Page 46 2.9 Invention, Copyright, and Digital Writing CONTRIBUTOR Rife, Martine Courant PUBLISHER Southern Illinois University Press DATE PUBLISHED January 2013 LANGUAGE English Here is a review of the book “Invention, Copyright, and Digital Writing”, written Rife, Martine Courant published by Southern Illinois University Press. THIS BOOK EXAMINES the author believes that copyright laws are amended every now and then hence with every amendment something new is added and a new understanding given it gives us a fair understanding towards copyright and fair use through the convention and various law governed in that country it manipulate on writing environments and pedagogies they are coming to terms with the very real effects of policies and legislation meant to address issues of copyright and fair use. The book talks about internet and how content on the internet is broken and sometimes dose not link up, it simply means that parts of contents are copied from on are and pasted in somewhere else hence making it simple not to catch plagiarism. The books analyse and say poets ad curative artistic focus on finding out plagiarism in the book we are trying to focus on protecting the author and detecting plagiarism, and protecting the authors work and prevent plagiarism of his work. It even focus that if someone is copying someone else’s work one should attribute that work and give acknowledgement to the respected person or author.
  • 47. School of law, Mumbai 2015-2016 Page 47 2.10 Remix the book CONTRIBUTOR Amerika, Mark PUBLISHER University of Minnesota Press DATE PUBLISHED August 2011 LANGUAGE English Here is a review of the book “remix the book”, written Amerika, Mark published by University of Minnesota Press. THIS BOOK EXAMINES people who produce remix of music usually believe the new outcome or the fresh music or writing is now the book investigates that people who usually remix have a good sense of understanding on their subject and they remix the book or music because they have a hood skill of mixing the subject matter. They usually remix the work so well that it is impossible to recognize the original source. Remix the book tell us that that the person who is remix the book has usually not taken permission from the author, sometimes those work is used for lectures and creative work when the person has not got permission from the author, it would amount to plagiarism, because substantial use has not been given a perfect definition, on how much of the part would amount to be a substantial part it can either be one sentence or it can the entire article. Sometimes hotels and restaurants just pick up few videos clips and use it for their own use. And add their own logo and name, hence would be infringement but plagiarisers then can approach the court and ask for injunction. The book focus on right appropriate awknowldgemnt should be given to the work and remix should be given but with appropriation and this book is just a starting point towards the understanding of creativity.
  • 48. School of law, Mumbai 2015-2016 Page 48 2.11 Copyright and Piracy CONTRIBUTORS Bently,LionelDavis,Jennifer Ginsburg, Jane C. PUBLISHER Cambridge University Press DATE PUBLISHED October 2010 LANGUAGE English Here is a review of the book “Copyright and Piracy”, written Bently,LionelDavis,Jennifer Ginsburg, Jane C. published by Cambridge University Press. THIS BOOK EXAMINES bring about an understanding of law and infringement, not only the lawyers are involved in this but also historians , technologists, sociologists and criminologists. It brings to our understanding if copyright laws need to made more rigorous or is it easy or how should we make the appropriate changes that are needed while we keep the efficacy of copyright as an incentive-mechanism for persons who require it. In this book Pragmatic Plagiarism, Marilyn Randall classify plagiarism as a realistic, rather than a written sort, meaning it is ‘principally determined by a wide variety of extra-textual criteria that constitute the aesthetic, institutional and cultural contexts of production and reception of the work’. Thus, plagiarism is a judgement, sometimes work cannot be copied it has to be used as it is hence it would not amount to plagiarism only if the attribution is given. In the United Kingdom, plagiarism and infringement is used interchangeably even in fine if a considerable portion of the work it used it would amount to infringement of the protected work hence copyright and plagiarism have in common certain characteristics. Plagiarism is theft, and the existences of theft presuppose the existence of property. We have to keep in mind first even without copyright law plagiarism was detected by MARTAL and it has been know for a long time.
  • 49. School of law, Mumbai 2015-2016 Page 49 2.12 How to Fix Copyright CONTRIBUTOR Patry, William PUBLISHER Oxford University Press, USA DATE PUBLISHED November 2011 LANGUAGE English In HOW TO FIX COPYRIGHT, William Party offers his opinion concerning the trouble that snowed under copyright. Party, like many others consider that copyright does not serve its stated purpose of incentivizing the formation and distribution of new imaginative workings. Copyright helps those who have or have written or produces something creative. This book focus on how to improve copyright law and how effective it is and how useful it will be in our near future. Copyright laws the author has the right it delegate his power to the whoever he wants to give it to he has the right to collect royalty in his name. Although since the work is out and in the hands of everyone one cannon fix the piracy but it can put a curb to it but imposing fine and taking a part of that royally of that work Everyone knows that creativity once open in the market is free for all and can be used by anyone and can be enhanced by anyone, authors are basically creative person and they do not exploited that work the copyright holder exploited the work of the authors. There is no way to fix piracy we need to make our laws more strict and teach the people that only when the economy will grow slowly only then will the copyright laws or statues be more strong for the people.
  • 50. School of law, Mumbai 2015-2016 Page 50 2.13 Copyrights and Copy wrongs : The Rise of Intellectual Property and How it Threatens Creativity (1) CONTRIBUTOR Vaidhyanathan, Siva PUBLISHER NYU Press DATE PUBLISHED August 2001 LANGUAGE English Siva Vaidhyanathan’s Copyrights and Copywrongswith the rise in creative and trends in the market it has given a rice in Copyright Law and intellectual property. He has discussed some Historical case studies. Starting from the history of United States copyright law, and how it is difference to its European antecedent, Vaidhyanathan shows that the copyright law was includes because it wanted to enhance creativity and people who are really smart and creative would come forward and protect their work. Vaidhyanathan even said that copyright is best at promoting science and art when it is less restrictive. Finally, the very idea of “intellectual property,” and the recent international legal convections which were introduced has become very dangerous and it should not be so rigid.. Vaidhyanathan does not abolish copyright it only says that people who are licensing their material should be awarded so they can come up with more creativity and it would be better for the growth of creativity. Vidhyati says that copyright will be at it weakest if it starts collecting royally from tee copyright owned, people would only run in the rat race and would not much of help to bring up creativity in the market.
  • 51. School of law, Mumbai 2015-2016 Page 51 2.14 Intellectual Property Law Library, Volume 2 : Protection of Broadcasters' Rights CONTRIBUTOR Ogawa, Megumi PUBLISHER Martinus Nijhoff DATE PUBLISHED December 2005 LANGUAG English This book deals with a highly topical area: the protection of broadcasters' rights. It is an area in which the World Intellectual Property Organisation (WIPO) at that time has was just drafted and it was reaching it final stage of signing. The author looks into the formation development in the legislation for the protection of broadcasters' rights, and discusses the current legal issues arising out of current world. It protects the broadcasters right in two different countries if it is produced in one court and infringered in another country which law would prevail,. "this books give a legal understand of broadcasters right under the WIPO treaty and how one protects it right even from attribution of this right.
  • 52. School of law, Mumbai 2015-2016 Page 52 2.15 Copyright Protection and Information Technology, An Indian perspective CONTRIBUTOR Dr Fareed Ahmad Rafiqi PUBLISHER Law Publisher (india) Pvt. Ltd. DATE PUBLISHED November , 2011 LANGUAG English Here is a review of the book “Copyright Protection and Information Technology, An Indian perspective”, written Dr Fareed Ahmad Rafiqi published by Law Publisher (india) Pvt. Ltd.. THIS BOOK EXAMINES give us a brief study of the history of copyright and the study of what is fair use and copyright infringement, brief description on the Berne Convention. TRIPS, Rome convention. In chapter III the different between idea expression dichotomy is given and why ideas are not copyrights in the Indian copyright act. A brief study of data base copyright is given and if the if there any sort of infringement that has occurred then the data base can be tracked down and the infringement can be resolved. In chapter IV a study of what is internet how it is protected and file copying and sharing and napater chase been discussed. A few provisions on the information technology act has also been included in the book. Chapter VI include the copyright infringement and remedies, copyright infringements in details is explained its civil and criminals remedies , DMR technology and copyright protecting according to the Indian perspective and fair use.
  • 53. School of law, Mumbai 2015-2016 Page 53 2.16 Law of Intellectual Property right CONTRIBUTOR V J Taraporevala PUBLISHER Thomson Reuters. DATE PUBLISHED November , 2013 LANGUAG English Here is a review of the book “Law of Intellectual Property right”, V J Taraporevala published by Thomson Reuters.. THIS BOOK EXAMINES give us a brief study of the history of copyright and the study of what is fair use and copyright infringement. It has given us the Indian perspective of copyright law with meaning and definitions of various terms, not only does it tell us that work is protected it even cover detailed case studies of various case studies of famous supreme court and high court cases. It gives us a bared disruption in easily of what is original work and what is not, in detail meaning of infringement and who can sue and what rights the person can sue.