- Copyright protects original creative works like literature, music, art and films from being copied without permission. It gives the creator exclusive rights over the work for a limited time, usually the life of the creator plus 60-70 years. - Works that can be copyrighted include books, songs, photographs, software and architectural designs. Fair use allows limited copying for purposes like research, review and reporting current events. - Infringement of copyright occurs when someone violates the creator's exclusive rights without authorization, such as by copying, distributing or adapting the work. The case of Rogers vs Koons involved an artist who was found to have infringed by copying a photographer's work without permission.

1. By
Snehal Narvenkar
(EMBA, Legal aspects of business 3rd Assignment)

2. Agenda
• What is intellectual property?
• What is Copyright?
• What Can Be Copyrighted?
• How Long Does Copyright Last?
• What is Fair Use?
• Violation of copyright
• Cases of Copyright in the News

3. Intellectual Property
What is Intellectual Property
•Not ‘real’ property
•Gives the creator/owner
•Exclusive economic rights
•To exploit – do certain things –
•In relation to the (creative) work
•For a limited time

4. Intellectual Property
What is Intellectual Property – Categories
Designs
Visual appearance or design of manufactured article (shape, pattern, ornamentation)
Designs Act 2003
Patents
New invention as a ‘manner of manufacture’ that is novel and inventive
Patents Act 1990
Trade Marks
A sign (letter, word, name, signature, brand, label etc.) used to distinguish goods or
services dealt with in the course of trade by a person from goods or services so dealt
with or provided by any other person.
Trade Marks Act 1995
Copyright

5. What is Copyright?
• Copyright allows authors,
musicians, artists, etc. to
make money off of their
labor. It prevents others
from taking there work for
free. It also prevents people
from altering the work
without permission.

6. If There is No Copyright…
• The main motive for creative endeavors (money)
disappears. If authors can’t make a living writing,
most will not write. If a record company can’t profit
from a band, they will sign fewer bands and cut loose
the money losers.
• If copyright exists but can’t be enforced, the above
still happens eventually. The end result is less
creative content and hard to pirate distribution
methods become preferred like print and closed
databases.

7. What Copyright Protects?
• Original Literary, Dramatic, Musical and Artistic
Works
• Cinematograph Films
• Sound Recordings

8. Literary Works
• Novels, poems, short stories
• Books on any subject
• Computer programmes,
tables, computer
databases
• Song lyrics

9. Computer Software
Includes
• Programme Manuals
• Punched Cards
• Magnetic Tapes/Discs
• Computer printouts
• Computer programmes

10. Presentation of work is Important

11. Copyright in India
• 1957 Act: adopted many English provisions, introduced new
ideas and concepts.
• Valid from January 1958
• Created copyright offices and copyright board
• Introduced civil and criminal remedies against infringement

12. Law is applicable in India
• The work is first published in India
• The work is first published outside India, but author is
citizen of India
• In case of an architectural work of art, the work is
located in India.

13. What Does Copyright Give Rights Holders?
• Right to prohibit copy of
work
• Right to reproduce the
work.
• Right to prepare derivative
works.
• Right to distribute copies for
sale.
• Right to perform AV works
publicly.
• Right to display musical and
artistic works publicly.

14. How Long Does Copyright Last
• In case of literary, dramatic, music or art a copyright last for life
plus 60 yrs.
• Incase of dramatic, musical or artistic work which is anonymous
or pseudonymous the right is for 60 yrs. from date of publication
• For photographs and films it is 60 yrs. from date of publication

15. Registration of copyright
• A person becomes owner as soon as a creative work is produced.
• Registration is useful in case of infringement of copyright
• A certificate of registration is important as an evidence
• For registration, registrar office of copyrights are created
• Register of copyrights is maintained in copyright office
• Six parts of register
I. Part I - literary work, dramatic work
II. Part II – Musical works
III. Part III – Artistic works
IV. Part IV – Cinematograph films
V. Part V – Sound recordings
VI. Part VI – computer programs, computer databases

16. What is Fair Use?
1. Use of literary, dramatic, musical or artistic work for private use,
research, criticism or review
2. Use of work for the purpose of reporting current events in a
newspaper, magazine, periodical etc.
3. Publication of short passages of literary, dramatic, musical or artistic
work for educational purpose
4. Reproduction of work by teachers in the course of instruction
5. Making 3 copies of a book for public library, if such book is not
available for sale in India
6. Copy of a computer program by lawful possessor for using it
7. Making of a copy to protect against loss of original
8. Copy for non-commercial or personal use

17. Infringement
• Anyone who violates any of the exclusive rights of the copyright owner
without authorization is liable as an infringer of copyright
• Anyone who supports infringement, for profit share also violates the
Act
• The act provides civil as well as criminal liability
• The violator is punishable with imprisonment for a period of 6 months –
3 yrs. Fine charges from 50k to 3 lacs

20. • Case
Photographer Art Rogers shot a photograph of a couple holding a line of
puppies in a row and sold it for use in greeting cards and similar products.
Internationally, renowned artist Jeff Koons in the process of creating an
exhibit on the banality of everyday items, ran across Rodgers’ photograph and
used it to create a set of statues based on the image. Koons sold several of
these structures, making a significant profit. Upon discovering the copy,
Rodgers sued Koons for copyright. Koons responded by claiming fair use by
parody.
Rogers vs. Koons

21. • Outcome
• The court found the similarities between the 2 images too close,
and that a “typical person” would be able to recognize the copy.
Koon’s defense was rejected under the argument that he could
have used a more generic source to make the same statement —
without copying Roger’s work. Koons was forced to pay a monetary
settlement to Rodgers.
• Significance
• This is one of those famous cases that encompassed a larger issue
in the art world, the issue of appropriation art. Can you build upon
another’s work to create your own original piece? And if you do so,
does that constitute derivative work? It also brought up the issue of
photography as art, was photography just a documentation of the
world, or is it a creative and artistic product? Neither of these
issues was entirely answered by the case, of course, but it has also
become a reference used in many cases afterward.
• You can parallel this with vector-tracing a photograph for your
design. Are you creating a derivative work that subtracts value from
the original artist?

22. Thank you