This document provides an overview of copyright law in India. It defines copyright and outlines the types of works protected, including literary works, musical works, artistic works, films, and sound recordings. It describes authorship and ownership, the various rights afforded to copyright holders (reproduction, distribution, public performance, etc.), and exceptions like fair use. It also covers the term of copyright, registration and enforcement, including civil and criminal penalties for infringement.
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
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An overview of IP/patent licensing field. Various strategies and practical aspects of patent licensing are discussed here. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
An overview of IP/patent licensing field. Various strategies and practical aspects of patent licensing are discussed here. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
INTELLECTUAL PROPERTY RIGHTS TYPE Copyrights LAW.pptxMahesh Kolloju
Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
Reference source is "A HAND BOOK OF COPYRIGHT LAW"
There is an acute lack of awareness on various issues relating to copyright and related rights amongst stakeholders, enforcement agencies, professional users like the scientific and academic communities and members of the public. The questions put forth by the representatives of these sections of society vary from those relating to the very fundamentals of intellectual property rights to those which relate to practical applications.
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
copyright is a type of intellectual property that gives the creator of an original work, or another owner of the right, the exclusive, legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time
A study of correlation among major stock market indices of the world (only re...Gagan Varshney
Portfolio means a mix of assets (both real and financial) invested in and held by an investor. Diversification is the act of holding many securities to lessen risk.
The age-old wisdom about not putting ―all your eggs in one basket‖ applies very much in the case of portfolios. Portfolio risk (generally defined as the standard deviation of returns) is not the weighted average of the risk (standard deviation) of individual assets in the portfolio. This gives rise to opportunities to eliminate the risk of assets, at least partly, by combining risky assets in a portfolio.
This study aims to find out the degree of existence of such opportunities which can minimise the portfolio risk. It tries to answer the question,
―Can there be such opportunity present in the International Equity market which is not corrected by arbitragers?‖
―Are diversification benefits still to be found in international investing?‖
This study also tries to find out degree of interdependence among world‘s major stock exchanges. Pearson Correlation Coefficient has been used to find out the relation between the monthly returns of world‘s major stock indices.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. Department of Business Administration
Faculty of Management Studies & Research
Aligarh Muslim University
Aligarh
Copyright
A report for Business Law & Ethics (MBA 1C12)
Submitted to
Dr. Bilal Mustafa Khan
Submitted by
Gagan Varshney
12MBA08
Presented on
March 15, 2013
2. Copyright
Definition: “The exclusive right given by law for a certain term of years to an author,
composer etc. (or his assignee) to print, publish and sell copies of his original work” (oxford
English dictionary)
Scope of protection in the Copyright Act,1957
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and
cinematograph films and sound recordings from unauthorized uses. Unlike the case with
patents, copyright protects the expressions and not the ideas. There is no copyright in an
idea.
Copyright subsists throughout India in the following classes of works:
o Original literary, dramatic, musical and artistic works;
o Cinematograph films; and
o Sound recordings.
An artistic work means-
o a painting, a sculpture, a drawing (including a diagram, map, chart or plan),
an engraving or a photograph, whether or not any such work possesses
artistic quality;
o a work of architecture; and
o any other work of artistic craftsmanship.
"Musical work" means a work consisting of music and includes any graphical notation of
such work but does not include any words or any action intended to be sung, spoken or
performed with the music. A musical work need not be written down to enjoy copyright
protection.
"Sound recording" means a recording of sounds from which sounds may be produced
regardless of the medium on which such recording is made or the method by which the
sounds are produced. A phonogram and a CD-ROM are sound recordings.
"Cinematograph film" means any work of visual recording on any medium produced through
a process from which a moving image may be produced by any means and includes a sound
recording accompanying such visual recording and "cinematograph" shall be construed as
including any work produced by any process analogous to cinematography including video
films.
"Government work" means a work which is made or published by or under the direction or
control of
3. o the government or any department of the government
o any legislature in India, and
o any court, tribunal or other judicial authority in India.
"Indian work" means a literary, dramatic or musical work,
o the author of which is a citizen of India; or
o which is first published in India; or
o the author of which, in the case of an unpublished work is, at the time of the
making of the work, a citizen of India.
Authorship and Ownership
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of
literary, musical, dramatic and artistic works and cinematograph films and sound recordings.
First owner of copyright
Ordinarily the author is the first owner of copyright in a work.
Who is an author?
In the case of a literary or dramatic work the author, i.e., the person who creates
the work.
In the case of a musical work, the composer.
In the case of a cinematograph film, the producer.
In the case of a sound recording, the producer.
In the case of a photograph, the photographer.
In the case of a computer generated work, the person who causes the work to be
created.
Different Rights
The rights vary according to the class of work.
In the case of a literary work (except computer programme), copyright means the exclusive
right
To reproduce the work
To issue copies of the work to the public
To perform the work in public
To communicate the work to the public.
To make cinematograph film or sound recording in respect of the work
5. permission to use the work. This also serves as a hindrance to those who purposely try and
take a defence that the infringer was not aware of the fact that the work is copyrighted
Assignment of Copyright
The owner of the copyright in an existing work or the prospective owner of the copyright in a
future work may assign to any person the copyright either wholly or partially and either
generally or subject to limitations and either for the whole term of the copyright or any part
thereof.
Period of assignment
If the period of assignment is not stated, it shall be deemed to be five years from the date of
assignment.
Note. The moral rights are independent of the author’s copyright and remains with him even
after assignment of the copyright
Renewal of Copyright
Works copyrighted between January 1, 1964 and December 31, 1977 are affected by the
1992 Amendment. Renewal registration for these works was made optional by this
amendment, and a second term was automatically secured.
The 1992 amending legislation (Public Law 102-307) secures the second term for works
copyrighted between January 1, 1964, and December 31, 1977 without a renewal
registration requirement. This system is also referred to as an "opt-out" system because it
provides for copyright protection even if it is not requested by the author of a work. However,
if a copyright originally secured before January 1, 1964, was not renewed at the proper time,
protection would have expired at the end of the 28th calendar year of the copyright.
Eligibility to Claim Renewal
The law specifies the persons who are eligible to claim Renewal Copyright. Apart from
anonymous works, the following are eligible to claim renewal:
1. The author, if living
2. The widow or widower of the author or the children or both, if the author is dead.
3. If there are no immediate family members, and there is a will, then the author’s
executors can claim renewal.
4. If there is no immediate family or will, the next of kin may claim the copyright.
A copyright proprietor or owner may claim renewal in only the following cases:
1. Posthumous work
2. Periodical, cyclopedic, or composite work
3. Work copyrighted by a corporate entity
4. Work made for hire
6. Counterfeiting to Copyright
Counterfeit mark:
For example the production of certain brand bags by putting a false label, and sold at low
prices. While these models have never been created by the company which owns the mark.
Counterfeit products:
These are copies of articles, similar to the original under a different name
Infringement "mixed :
It’s the most famous forgery, because often the media, where the copy for both the model
and brand. The luxury goods sector is the most common victim: Fake Louis Vuitton bags or
Rolex watches for instance.
Infringement of copyright and copyright:
This is a copy of a creation, a project, text, song, film script, the content of a website, but
also a program, music, system, d a business plan.
COPYRIGHT INFRINGEMENTS
The following are some of the commonly known acts involving infringement of copyright:
i. Making infringing copies for sale or hire or selling or letting
them for hire;
ii. Permitting any place for the performance of works in public
where such performance constitutes infringement of copyright;
iii. Distributing infringing copies for the purpose of trade or to such
an extent so as to affect prejudicially the interest of the owner
of copyright ;
iv. Public exhibition of infringing copies by way of trade; and
v. Importation of infringing copies into India.
Civil remedies for copyright infringement
A copyright owner can take legal action against any person who infringes the copyright in the
work. The copyright owner is entitled to remedies by way of injunctions, damages and
accounts.
The District Court concerned has the jurisdiction in civil suits regarding copyright
infringement.
Remedies in the case of groundless threat to legal proceedings
Where any person claiming to be the owner of copyright in any work, by circulars,
advertisements or otherwise, threatens any other person with any legal proceedings or
liability in respect of an alleged infringement of copyright, any person aggrieved thereby may
institute a declaratory suit that the alleged infringement to which the threats related was not
in fact an infringement of any legal rights of the person making such threats and may in any
such suit –
a. obtain an injunction against the continuance of such threats; and
b. recover such damages, if any, as he has sustained by reason of such threats.
Is copyright infringement a criminal offence?
7. Yes. Any person who knowingly infringes or abets the infringement of the copyright in any
work commits criminal offence under Section 63 of the Copyright Act.
Punishments for a criminal offence under the copyright law
The minimum punishment for infringement of copyright is imprisonment for six months with
the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the
minimum punishment is imprisonment for one year and fine of Rs. one lakh.
Is copyright infringement a cognizable offence?
Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an
offence in respect of the infringement of copyright in any work has been, is being, or is likely
to be committed, seize without warrant, all copies of the work and all plates used for the
purpose of making infringing copies of the work, wherever found, and all copies and plates
so seized shall, as soon as practicable be produced before a magistrate.
Limitations and Exceptions to Copyright
Idea-expression dichotomy and the merger doctrine
The idea-expression divide differentiates between ideas and expression, and states that
copyright protects only the original expression of ideas, and not the ideas themselves. This
principle, first clarified in the 1879 case of Baker v. Selden, has since been codified by
the Copyright Act of 1976 at 17 U.S.C. § 102(b).
The first-sale doctrine and exhaustion of rights
Copyright law does not restrict the owner of a copy from reselling legitimately obtained
copies of copyrighted works, provided that those copies were originally produced by or with
the permission of the copyright holder. It is therefore legal, for example, to resell a
copyrighted book or CD. In the United States this is known as the first-sale doctrine, and was
established by the courts to clarify the legality of reselling books in second-hand bookstores.
Some countries may have parallel importation restrictions that allow the copyright holder to
control the aftermarket. This may mean for example that a copy of a book that does not
infringe copyright in the country where it was printed does infringe copyright in a country into
which it is imported for retailing. The first-sale doctrine is known as exhaustion of rights in
other countries and is a principle which also applies, though somewhat differently,
to patent and trademark rights. It is important to note that the first-sale doctrine permits the
transfer of the particular legitimate copy involved. It does not permit making or distributing
additional copies.
In addition, copyright, in most cases, does not prohibit one from acts such as modifying,
defacing, or destroying his or her own legitimately obtained copy of a copyrighted work, so
long as duplication is not involved. However, in countries that implement moral rights, a
copyright holder can in some cases successfully prevent the mutilation or destruction of a
work that is publicly visible.
Fair use and fair dealing
Copyright does not prohibit all copying or replication. In the United States, the fair use
doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some
copying and distribution without permission of the copyright holder or payment to same. The