The document discusses copyright issues that have arisen in the digital era. It covers topics like how digital technologies have impacted traditional copyright concepts, prominent copyright issues classified into three groups, and techniques developed to protect copyrighted works digitally like digital rights management, access controls, encryption, and digital watermarking. The document also discusses provisions in Indian copyright law addressing emerging digital copyright concerns.
This document discusses key aspects of design registration and protection under the Designs Act, 2000 in India. It defines what constitutes a design and outlines the criteria for registration, including that a design must be new, original, and not publicly disclosed previously. It also describes the registration process, terms of protection, grounds for cancellation, fees involved, and penalties for infringement. The overall purpose of the Designs Act is to protect new and original designs applied to articles to reward their creators and prevent unjust enrichment by others.
This document provides information about performers' rights under Indian copyright law. It discusses how the Copyright Act of 1957 was amended in 1994 to recognize performers' rights by introducing Section 38, granting performers exclusive rights over their performances. A performer is defined as anyone who makes a performance, including actors, singers, musicians, etc. The rights granted to performers include making sound/visual recordings of their performance and broadcasting or communicating the performance to the public. Performers' rights last for 50 years from the calendar year after the performance. Certain acts like private use and fair use do not constitute infringement of a performer's rights.
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
Copyright law protects original creative works such as literature, art, music, films, and software. It grants creators exclusive rights over their work, usually for a limited time, including rights to copy, distribute, adapt, and financially profit from the work. Fair use allows limited use of copyrighted works for purposes like criticism, commentary, news reporting, teaching, and research. Infringing on a copyright can result in fines of up to $150,000 per work. Works enter the public domain when copyright expires or if created by the US government. To register a copyright, submit an application, fee, and copies of the work to the US Copyright Office.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
The document discusses various aspects of intellectual property, including copyright, trademarks, patents, and databases. It provides definitions and explanations of key concepts such as the different types of intellectual property, the rights they provide, and how intellectual property laws apply in areas like the internet and new technologies. The document is intended to serve as an overview and introduction to intellectual property for non-experts.
Copyright vs patenting –with reference to computer programs Altacit Global
This document provides information on copyright and patent protection for computer programs. It discusses how copyright protects the literal expression of ideas but not ideas themselves, while patents protect novel, non-obvious and useful inventions. The document outlines the history and application of copyright and patent laws for software in various jurisdictions like the US, UK, EU, India, China and others. It also provides examples of relevant court cases related to software copyright and patentability.
This document discusses key aspects of design registration and protection under the Designs Act, 2000 in India. It defines what constitutes a design and outlines the criteria for registration, including that a design must be new, original, and not publicly disclosed previously. It also describes the registration process, terms of protection, grounds for cancellation, fees involved, and penalties for infringement. The overall purpose of the Designs Act is to protect new and original designs applied to articles to reward their creators and prevent unjust enrichment by others.
This document provides information about performers' rights under Indian copyright law. It discusses how the Copyright Act of 1957 was amended in 1994 to recognize performers' rights by introducing Section 38, granting performers exclusive rights over their performances. A performer is defined as anyone who makes a performance, including actors, singers, musicians, etc. The rights granted to performers include making sound/visual recordings of their performance and broadcasting or communicating the performance to the public. Performers' rights last for 50 years from the calendar year after the performance. Certain acts like private use and fair use do not constitute infringement of a performer's rights.
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
Copyright law protects original creative works such as literature, art, music, films, and software. It grants creators exclusive rights over their work, usually for a limited time, including rights to copy, distribute, adapt, and financially profit from the work. Fair use allows limited use of copyrighted works for purposes like criticism, commentary, news reporting, teaching, and research. Infringing on a copyright can result in fines of up to $150,000 per work. Works enter the public domain when copyright expires or if created by the US government. To register a copyright, submit an application, fee, and copies of the work to the US Copyright Office.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
The document discusses various aspects of intellectual property, including copyright, trademarks, patents, and databases. It provides definitions and explanations of key concepts such as the different types of intellectual property, the rights they provide, and how intellectual property laws apply in areas like the internet and new technologies. The document is intended to serve as an overview and introduction to intellectual property for non-experts.
Copyright vs patenting –with reference to computer programs Altacit Global
This document provides information on copyright and patent protection for computer programs. It discusses how copyright protects the literal expression of ideas but not ideas themselves, while patents protect novel, non-obvious and useful inventions. The document outlines the history and application of copyright and patent laws for software in various jurisdictions like the US, UK, EU, India, China and others. It also provides examples of relevant court cases related to software copyright and patentability.
The document discusses the overlap between copyright and trademark protections. It provides examples of how the same product like a t-shirt or book can be protected by both copyright for the original content and trademark for any distinctive logos or brands. Both protections can co-exist under the same work. Trademark protects brands and logos from confusingly similar uses while copyright protects the original creative content from being copied. It is common for different types of intellectual property like patents, trademarks and copyrights to overlap in their protections.
Cyber Law and Information Technology Act 2000 with case studiesSneha J Chouhan
This presentation breifs about the Information Technology Act and Cyber Law in India 2000. The various acts involved in it, case studies and some recent amendments are also mentioned.
P.S: Refer the slides for educational purpose only.
The Designs Act, 2000 governs design protection law in India, replacing the earlier Designs Act of 1911. The 2000 Act aims to encourage design activity, protect registered designs, and reward innovators for developing new and original designs. Key aspects of the 2000 Act include definitions of "design" and prohibited designs, provisions for registration and certificates of registration, and cancellation of design registrations.
Right to privacy on internet and Data Protectionatuljaybhaye
The document discusses the concepts of privacy and data protection on the internet. It defines the right to privacy and explains how privacy is recognized differently across various jurisdictions like the Universal Declaration of Human Rights, European Convention on Human Rights, and the Constitution of India. It also summarizes key privacy laws in the US and UK. The document then discusses various threats to privacy from technologies like cookies, web bugs, and viruses. It provides details about sensitive personal data protection laws in India and the UK. Finally, it discusses the right to privacy versus the right to interception under Indian law.
The document discusses intellectual property rights (IPR) and copyright issues related to cyberspace. It provides an overview of different types of IPR, including copyright, patents, trademarks, and trade secrets. It then discusses specific copyright challenges in cyberspace, noting that computer programs, databases, and other digital works are now protected under copyright law. However, the internet's borderless nature has made it difficult to enforce copyright and protect works from unauthorized copying. Stronger international cooperation is needed to address these challenges in the digital era.
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.
This document discusses intellectual property rights. It defines intellectual property as creations of the mind such as inventions, literary works, designs, and symbols. Intellectual property rights enable creators to benefit financially from what they invent or create. The document then describes different types of intellectual property like copyrights, patents, trademarks, industrial designs, and geographical indications. It also discusses the importance of intellectual property rights for supporting jobs, economic growth, consumers, and innovation.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
Nature and scope of protection of copyrightVikash Kumar
This document discusses the nature and scope of copyright protection. It defines copyright as a bundle of intangible rights granted to creators of certain artistic works for a limited time, allowing them exclusive control over copying and distribution. Copyright protects original works of authorship and generally lasts 60 years after the creator's death. It does not protect facts, ideas or systems. The scope of protection includes rights to copy, derive works, distribute, perform and display the work publicly. There are limitations like fair use and works in the public domain are not protected.
1) The document discusses international intellectual property laws, including developments in trademark, copyright, and patent law.
2) It describes several international agreements and treaties that help standardize IP protections across countries, such as the Madrid Protocol, European Community Trademark, Berne Convention, WIPO Treaties, and TRIPS agreement.
3) Key international organizations that help administer IP law globally are also summarized, including WIPO, INTA, and relations between the US and foreign nations on IP standards.
Cybersquatting involves registering domain names that are identical or confusingly similar to trademarks for the purpose of profiting from the goodwill of the trademarks. Victims have several remedies including sending cease and desist letters, arbitration under ICANN rules, or filing a lawsuit. The Uniform Domain Name Dispute Resolution Policy provides the legal framework for resolving disputes between a domain registrant and trademark owner regarding abusive domain name registrations and uses.
The document provides an overview of copyright law in India. It defines copyright and discusses the types of works protected under copyright, including literary works, dramatic works, musical works, artistic works, films, and computer programs. It outlines ownership rights and exceptions to copyright. Remedies for infringement include administrative, civil and criminal penalties. The term of copyright is usually the lifetime of the author plus 60 years. Registration is not required but provides evidence of ownership. Infringement involves unauthorized reproduction or use of a copyrighted work without permission.
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
The document discusses cyber law in India. It notes that cyber law is defined under the IT Act of 2000 and governs cyber space, including computers, networks, and electronic devices. It describes cyber crimes as unlawful acts using computers as tools or targets. Common cyber crimes include pornography, identity theft, and financial theft. The IT Act of 2000 and its 2008 amendment provide the legal framework for cyber law in India by recognizing electronic commerce and records and addressing cyber crimes.
Cyber law & Intellectual property issuesatuljaybhaye
This document discusses cyber law and intellectual property issues from the Indian perspective. It begins by defining cyber law and explaining the need for cyber law due to the disadvantages of increased internet accessibility and rampant cyber crimes. It then discusses the history and scope of the Information Technology Act of 2000 in India, which was enacted to respond to UN recommendations on electronic transactions and governance. The document also covers the different types of intellectual property, forms of copyright and trademark infringement online, and landmark cases related to domains and trademarks. It concludes by suggesting areas where Indian cyber law could be strengthened.
A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article, whether in two or three dimensional (or both) forms.
This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye.
RATIONALE OF COPYRIGHT PROTECTION
What is 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.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the 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.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
The document describes the Cyber Appellate Tribunal, which was established under the Information Technology Act 2000. It has jurisdiction over appeals of orders made by controllers or adjudicating officers. The tribunal consists of a single presiding officer, who must be qualified as a high court judge or have sufficient experience in the Indian Legal Service. It has the power to regulate its own procedures and also has powers equivalent to civil courts to summon parties, require discovery, and review decisions. The purpose is to provide a forum for aggrieved parties to appeal orders made under the Information Technology Act.
Here are some potential advantages and disadvantages of emphasizing person-organization fit when hiring:
Advantages:
- Employees who fit the culture will be more satisfied and committed to the organization. They will share the same values which can improve collaboration.
- It ensures the culture is maintained and strengthened over time as new people who fit are added.
Disadvantages:
- The organization may miss out on talented candidates who do not perfectly fit but could still be successful. Diversity of thought could be reduced.
- Defining and assessing fit can be subjective and lead to bias in hiring if not done carefully. It reduces the potential hiring pool.
- The culture may become too inward focused and resistant to change if only people
The document discusses the problem of online piracy. It is authored by three students - Jack Cumming, Kyle Taksar, and Brooke Carnahan. The group explores how online piracy has become more common as more media is distributed online, which negatively impacts copyright holders. They consider questions around peer-to-peer file sharing, enforcement challenges, and artist compensation when works are shared illegally. The group's proposed solution is to include a detection device in future computer motherboards that would automatically issue tickets when illegal downloading is detected to help curb online piracy.
The document discusses the overlap between copyright and trademark protections. It provides examples of how the same product like a t-shirt or book can be protected by both copyright for the original content and trademark for any distinctive logos or brands. Both protections can co-exist under the same work. Trademark protects brands and logos from confusingly similar uses while copyright protects the original creative content from being copied. It is common for different types of intellectual property like patents, trademarks and copyrights to overlap in their protections.
Cyber Law and Information Technology Act 2000 with case studiesSneha J Chouhan
This presentation breifs about the Information Technology Act and Cyber Law in India 2000. The various acts involved in it, case studies and some recent amendments are also mentioned.
P.S: Refer the slides for educational purpose only.
The Designs Act, 2000 governs design protection law in India, replacing the earlier Designs Act of 1911. The 2000 Act aims to encourage design activity, protect registered designs, and reward innovators for developing new and original designs. Key aspects of the 2000 Act include definitions of "design" and prohibited designs, provisions for registration and certificates of registration, and cancellation of design registrations.
Right to privacy on internet and Data Protectionatuljaybhaye
The document discusses the concepts of privacy and data protection on the internet. It defines the right to privacy and explains how privacy is recognized differently across various jurisdictions like the Universal Declaration of Human Rights, European Convention on Human Rights, and the Constitution of India. It also summarizes key privacy laws in the US and UK. The document then discusses various threats to privacy from technologies like cookies, web bugs, and viruses. It provides details about sensitive personal data protection laws in India and the UK. Finally, it discusses the right to privacy versus the right to interception under Indian law.
The document discusses intellectual property rights (IPR) and copyright issues related to cyberspace. It provides an overview of different types of IPR, including copyright, patents, trademarks, and trade secrets. It then discusses specific copyright challenges in cyberspace, noting that computer programs, databases, and other digital works are now protected under copyright law. However, the internet's borderless nature has made it difficult to enforce copyright and protect works from unauthorized copying. Stronger international cooperation is needed to address these challenges in the digital era.
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.
This document discusses intellectual property rights. It defines intellectual property as creations of the mind such as inventions, literary works, designs, and symbols. Intellectual property rights enable creators to benefit financially from what they invent or create. The document then describes different types of intellectual property like copyrights, patents, trademarks, industrial designs, and geographical indications. It also discusses the importance of intellectual property rights for supporting jobs, economic growth, consumers, and innovation.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
Nature and scope of protection of copyrightVikash Kumar
This document discusses the nature and scope of copyright protection. It defines copyright as a bundle of intangible rights granted to creators of certain artistic works for a limited time, allowing them exclusive control over copying and distribution. Copyright protects original works of authorship and generally lasts 60 years after the creator's death. It does not protect facts, ideas or systems. The scope of protection includes rights to copy, derive works, distribute, perform and display the work publicly. There are limitations like fair use and works in the public domain are not protected.
1) The document discusses international intellectual property laws, including developments in trademark, copyright, and patent law.
2) It describes several international agreements and treaties that help standardize IP protections across countries, such as the Madrid Protocol, European Community Trademark, Berne Convention, WIPO Treaties, and TRIPS agreement.
3) Key international organizations that help administer IP law globally are also summarized, including WIPO, INTA, and relations between the US and foreign nations on IP standards.
Cybersquatting involves registering domain names that are identical or confusingly similar to trademarks for the purpose of profiting from the goodwill of the trademarks. Victims have several remedies including sending cease and desist letters, arbitration under ICANN rules, or filing a lawsuit. The Uniform Domain Name Dispute Resolution Policy provides the legal framework for resolving disputes between a domain registrant and trademark owner regarding abusive domain name registrations and uses.
The document provides an overview of copyright law in India. It defines copyright and discusses the types of works protected under copyright, including literary works, dramatic works, musical works, artistic works, films, and computer programs. It outlines ownership rights and exceptions to copyright. Remedies for infringement include administrative, civil and criminal penalties. The term of copyright is usually the lifetime of the author plus 60 years. Registration is not required but provides evidence of ownership. Infringement involves unauthorized reproduction or use of a copyrighted work without permission.
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
The document discusses cyber law in India. It notes that cyber law is defined under the IT Act of 2000 and governs cyber space, including computers, networks, and electronic devices. It describes cyber crimes as unlawful acts using computers as tools or targets. Common cyber crimes include pornography, identity theft, and financial theft. The IT Act of 2000 and its 2008 amendment provide the legal framework for cyber law in India by recognizing electronic commerce and records and addressing cyber crimes.
Cyber law & Intellectual property issuesatuljaybhaye
This document discusses cyber law and intellectual property issues from the Indian perspective. It begins by defining cyber law and explaining the need for cyber law due to the disadvantages of increased internet accessibility and rampant cyber crimes. It then discusses the history and scope of the Information Technology Act of 2000 in India, which was enacted to respond to UN recommendations on electronic transactions and governance. The document also covers the different types of intellectual property, forms of copyright and trademark infringement online, and landmark cases related to domains and trademarks. It concludes by suggesting areas where Indian cyber law could be strengthened.
A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article, whether in two or three dimensional (or both) forms.
This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye.
RATIONALE OF COPYRIGHT PROTECTION
What is 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.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the 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.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
The document describes the Cyber Appellate Tribunal, which was established under the Information Technology Act 2000. It has jurisdiction over appeals of orders made by controllers or adjudicating officers. The tribunal consists of a single presiding officer, who must be qualified as a high court judge or have sufficient experience in the Indian Legal Service. It has the power to regulate its own procedures and also has powers equivalent to civil courts to summon parties, require discovery, and review decisions. The purpose is to provide a forum for aggrieved parties to appeal orders made under the Information Technology Act.
Here are some potential advantages and disadvantages of emphasizing person-organization fit when hiring:
Advantages:
- Employees who fit the culture will be more satisfied and committed to the organization. They will share the same values which can improve collaboration.
- It ensures the culture is maintained and strengthened over time as new people who fit are added.
Disadvantages:
- The organization may miss out on talented candidates who do not perfectly fit but could still be successful. Diversity of thought could be reduced.
- Defining and assessing fit can be subjective and lead to bias in hiring if not done carefully. It reduces the potential hiring pool.
- The culture may become too inward focused and resistant to change if only people
The document discusses the problem of online piracy. It is authored by three students - Jack Cumming, Kyle Taksar, and Brooke Carnahan. The group explores how online piracy has become more common as more media is distributed online, which negatively impacts copyright holders. They consider questions around peer-to-peer file sharing, enforcement challenges, and artist compensation when works are shared illegally. The group's proposed solution is to include a detection device in future computer motherboards that would automatically issue tickets when illegal downloading is detected to help curb online piracy.
The document provides an overview of copyright guidelines for digital media, including what is protected by copyright, fair use guidelines for educators, how to claim copyright for original works, and scenarios applying copyright concepts. It discusses the types of copyrighted works, what copyright allows, copyright infringement vs plagiarism, and the four factors of fair use. It also introduces Creative Commons as an organization promoting sharing works while maintaining some copyright benefits and provides resources on copyright policies and licenses.
Google's Effort to Fight Content Piracy. Google is ready to fulfil its commitment to downgrade the search rankings of ‘notorious’ piracy sites globally that often rank above legal and commercial sites.
Google takes online piracy seriously and invests significant resources to develop tools to report and manage copyrighted content. Some of the key efforts include:
1. YouTube's Content ID system which has generated over $2 billion for rightsholders by allowing them to manage their copyrighted content on YouTube.
2. Google Search aims to provide clean results for common media queries and uses copyright removal notices and demotion of sites to reduce visibility of infringing links.
3. Google Play provides access to licensed content and has paid over $7 billion to developers, while prohibiting and removing infringing apps.
4. Google works with industry groups and governments to establish best practices around issues like online advertising and
Why is online piracy ethically different from theft? A vignette experiment.GRAPE
This document describes a study that uses vignette experiments to understand the differences between online piracy and theft. The study presents respondents with hypothetical stories about a character named Johnny who acquires a TV show in different ways that vary across six dimensions: loss, physicality, alternatives, peers, sharing, and protection. Respondents rate each story and answer additional questions. The study aims to identify what makes piracy ethically different from theft by examining how ratings change based on the dimensions in each story. Previous research on analyzing controversial behaviors like different types of theft through vignette experiments is discussed.
The document provides an introduction to the history and development of the Internet and World Wide Web. It discusses the origins of ARPANET in the 1960s, the development of protocols like TCP and IP, and the invention of the World Wide Web in the 1980s and 1990s which led to widespread commercial use of the Internet. It also summarizes key technologies and standards like HTML, HTTP, and the role of organizations like W3C.
This document discusses the history of pornography from ancient times to modern digital pornography. It touches on topics like erotic art in Pompeii, the development of porn films in Italy and the US in the 1960s-70s, censorship of sexual content, and the rise of internet pornography. It also describes the author's personal experiences with exploring sexuality through copying pornographic images as a kid, and their current art practice focusing on "dirty new media" which involves remixing and distributing pornographic content online.
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Search Engines Demystified. The presentation covers about types of engines, search engine internal, comparative study, indexing, searching, information retrieval, inverted index, clustering, meta search engines, semantic search, search engine optimization, search evaluation, how to do search, search architecture and more.
Ericsson vs intex an overview of software patentingAltacit Global
This document discusses software patenting and provides examples of software patents granted and refused in India. It begins with an introduction to software patents and reasons for protecting software with patents. It provides an overview of the Indian Patents Act and guidelines on patenting computer-related inventions in India. Examples of both granted and refused software patent claims by the Indian Patent Office are presented. The document also provides background on a patent dispute between Ericsson and Intex Technologies regarding alleged infringement of Ericsson's standard-essential patents.
An analysis of apple’s patent to block recordingAltacit Global
The document discusses a patent filed by Apple for a system that uses infrared signals detected by device cameras to disable recording functions. It could benefit copyright holders and performers by preventing illegal recording and sharing of content. However, it may also overreach by restricting recording for fair use and prevent the documenting of protests or police brutality. While the technology may never be implemented, its potential for misuse warrants attention to civil liberties.
This document provides information about the Authors Guild Inc. v. Google Inc. copyright infringement case. It outlines that the Authors Guild and individual authors sued Google for scanning copyrighted books from library collections and displaying snippets in search results without permission. Google defended on the basis of fair use. The case involved debates around digital libraries, copyright law, and the application of fair use to Google's book scanning activities.
The document discusses business method patents, which protect novel ways of conducting business. It provides examples of business method patents, such as Amazon's 1-click ordering patent. It outlines the requirements for a business method patent, including being useful, novel, and non-obvious. The legality of business method patents varies by jurisdiction, with the US allowing them but India and the EU prohibiting patents for business methods or algorithms alone.
The document discusses software patents in India. It provides an overview of intellectual property protection for software, including copyright and patents. While copyright protects the literal elements, patents provide broader protection for ideas and functionality. In India, software patents are allowed as long as they are not a "computer program per se". The interpretation of this clause has varied, with some claims being granted patents while similar claims being rejected. Overall, the legal framework for software patents in India remains ambiguous.
This document contains contact information for the law firm Altacit in Chennai, Bangalore, and Coimbatore, India. It also provides addresses, phone numbers, and emails. The document then outlines several topics relating to intellectual property and e-commerce issues, including the evolution of e-commerce, rationales for its growth, its status in India and worldwide, and the correlation between IP and e-commerce. It discusses some key legal issues around determining jurisdiction for IP disputes in an online context. Finally, it examines the minimum contacts theory of jurisdiction and summarizes a 2000 US case involving copyright infringement by a Canadian website.
This document contains contact information for Altacit, an intellectual property law firm with offices in Chennai, Bangalore, and Coimbatore. It then provides summaries of their services, which include IP assessment, strategy, valuation, management, training and awareness, protection, enforcement, risk management, and insurance. The final section emphasizes that good IP risk management can improve business operations and distinguish a firm in the market.
This document discusses intellectual property protection for mobile applications. It provides contact information for Altacit Global, which offers patents and designs services. The document then covers why mobile apps need protection under trademark, copyright and patent law. It discusses protecting app names, logos, source code, screenshots and unique features. The document also summarizes a patent infringement case between Zhizhen Technology and Apple regarding voice assistants. Overall, it advocates for tailored intellectual property strategies to protect mobile apps and business interests.
This document provides information about the company Altacit, including their office addresses and contact details in Chennai, Bangalore, Coimbatore, and Hyderabad. It also lists their email and website. The document was authored by Anju Srinivasan.
The document provides contact information for three locations of a company - Chennai, Bangalore, and Coimbatore - including addresses and phone numbers. It also lists an email and website for the company. The last line provides the name of the author, Leny Thomas Kurakar.
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements WIPO treaties. It aims to balance copyright protections with fair use and online service provider liability. The DMCA provisions address circumventing copyright protection systems, fair use, and notice-and-takedown procedures for online service providers. Indian copyright law requires modernization to address digital challenges. The Copyright Amendment Bill 2010 seeks to update Indian law based on international treaties, but critics say it does not go far enough.
Copyright vs patenting –with reference to computer programs Altacit Global
This document provides information on copyright and patent protection for computer programs. It discusses how copyright protects the literal expression of ideas but not ideas themselves, while patents protect novel, non-obvious and useful inventions. The document outlines the history and application of copyright and patent laws for software in various jurisdictions like the US, UK, EU, India, China and others. It also provides examples of relevant court cases related to software copyright and patentability.
This document discusses patent protection for various aspects of bioinformatics. It provides information on patents, bioinformatics, the need for patents in bioinformatics, bioinformatics components, patent protection for DNA/RNA/protein sequences, and patent protection for biological databases. Specifically, it states that while biological molecules can be patented, the abstract biological sequence information itself is likely unpatentable subject matter. Patent protection also may be unavailable for biological databases since they are compilations of biological sequence information.
Patentability of graphical user interface designsAltacit Global
The document discusses the patentability of graphical user interface (GUI) designs. It provides information on the following:
1) GUIs are the visual aspects of operating systems, programs, apps, etc. and can be protected by design patents, which protect the look and feel of a design.
2) Design patents are narrow in scope and cover only exact or near-exact copies. They protect specific elements, colors, and placements of GUI components.
3) Copyright can protect individual GUI elements and compilations, as long as the elements demonstrate original expression. GUIs can also be protected as audiovisual works.
The link between intellectual property and sportsAltacit Global
The document discusses the link between intellectual property and sports. It notes that innovation and creativity are key drivers in the sports world. Intellectual property rights like trademarks, patents, copyright and designs play an important role in the commercialization of sports and help secure the economic value of sports properties. Sports franchises capitalize on intellectual property rights through merchandising, advertisements and licenses. The Olympic properties like the Olympic symbol enjoy special legal protection.
This document discusses the rights of minors under intellectual property laws. It provides addresses and contact information for the law firm Altacit Global in Chennai, Bangalore, and Coimbatore. It then summarizes the key types of intellectual property including patents, industrial designs, trademarks, and geographical indications. For each type of IP, it provides the definition and outlines who is eligible to file for protection. It also discusses rights of minors in contracts for artistic or creative services, as well as exceptions under North Carolina law for employment contracts in entertainment fields including movies, music, theater, and sports.
The document provides information on assessing novelty for patent applications. It describes novelty as a new invention within an existing field. The steps for assessing novelty include checking if the invention falls under non-patentable categories, searching prior art databases using keywords to identify previous similar inventions, and analyzing if the invention has been previously published, used or communicated based on patent law sections. The document also lists several major prior art databases and search techniques.
The document discusses non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. Some key types of non-patentable inventions include perpetual motions machines, methods of medical treatment, plants and animals in whole or in part, mathematical methods, and literary/artistic works. The document provides examples for each type and outlines the criteria that make the invention non-patentable under Indian law.
The document discusses cyber terrorism, including its definition, tools, methods of attack, and incidents. It provides addresses and contact information for the Altacit company in Chennai, Bangalore, and Coimbatore. It then covers topics such as the definition of cyber terrorism, forms it can take, features that make it challenging to address, and tools that can be used like viruses, worms, and denial of service attacks. Examples discussed include al Qaeda using the internet for 9/11 planning and the Stuxnet attack on an Iranian nuclear facility. It also mentions some cyber terrorism acts and initiatives in India.
The document provides information on non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. It lists 15 categories of non-patentable inventions, including inventions that are frivolous, contrary to natural laws, injurious to public health, mere discoveries of scientific principles, and methods of agriculture/horticulture. The summary also includes examples for some of the categories.
The document outlines key details from the draft Unmanned Aircraft System Rules, 2020 released by the Directorate General of Civil Aviation (DGCA) of India. Some of the major points covered in the draft rules include requiring prior authorization for manufacturing, importing, owning and operating drones; eligibility conditions for authorization; insurance requirements; rules around carrying payloads and restrictions on photography; and the framework for establishing drone ports and corridors. The document also discusses definitions related to unmanned aircraft systems and drones, categories of drones based on weight, and potential future areas where drones may be used such as for BVLOS (Beyond Visual Line of Sight) operations and delivery of goods.
The document discusses the issue of sexual harassment during work from home arrangements brought about by the COVID-19 pandemic. It notes that while employees are physically at home, they are still considered to be in the workplace as per law. Virtual forms of harassment can include inappropriate clothing or behavior during video calls, sending unwanted pictures, or demanding late night calls from female employees. Maintaining professional standards of conduct and being sensitive to how actions could make others uncomfortable are important to prevent virtual harassment during the pandemic.
Information technology guidelines for intermediaries and digital media ethics...Altacit Global
The document provides an overview of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified in India.
The key points are:
1. The Rules regulate intermediaries, social media intermediaries, publishers of news/current affairs content, and online curated content publishers.
2. For intermediaries, the Rules prescribe due diligence requirements around user notifications, content takedowns, grievance redressal etc.
3. Significant social media intermediaries must comply with additional obligations regarding local presence, identification of originators, monthly compliance reports etc.
Returns and refunds consumer protection actAltacit Global
This document provides information on the Consumer Protection Act 2019 in India including key definitions, rights of consumers, refund and cancellation policies, and product liability. It discusses that the Act aims to protect consumer interests and provide effective resolution of disputes. Some key points covered include definitions of consumer and consumer rights, time limits for returns, no-cost returns, and provisions for product manufacturer liability for defects. Contact information is also provided for multiple locations of the company.
This document discusses the rights of the unborn child under various statutes in India. It summarizes key provisions from several acts and codes:
- The Limitation Act 1953 considers an unborn child as a minor for the purposes of filing legal claims.
- The Indian Succession Act 1925 defines a minor as under 18, implying an unborn child is also considered a minor.
- The Indian Penal Code 1860 criminalizes causing miscarriage or death of an unborn child in certain situations.
- The Hindu Succession Act 1956 grants an unborn child equal inheritance rights as a born child for intestate succession.
The document analyzes how different laws in India implicitly or explicitly recognize various rights
This document provides contact information for various offices of Altacit, an organization based in India. It then discusses the grounds for divorce under Hindu marriage law in India. The key grounds covered are adultery, cruelty, desertion, conversion, insanity, renunciation, and presumption of death. Examples are provided for what constitutes each ground. It is noted that leprosy and venereal diseases were removed as grounds in 2015 at the suggestion of the UN.
This document provides information about alimony laws in India. It defines alimony as the right to receive maintenance after divorce. The main purposes of alimony are to prevent unfair financial impacts of divorce and allow a spouse to maintain their standard of living. The two types of alimony are interim and permanent. When determining alimony amounts, courts consider factors like earnings, marriage length, misconduct, and standard of living. Alimony is governed by different laws for Hindus, Muslims and other religions.
This document discusses different types of patent licensing. It defines patent licensing as granting permission to a third party to use, sell, and benefit from a patented invention in exchange for royalty payments. There are several types of patent licenses: exclusive licenses grant all rights except title to one licensee; non-exclusive licenses allow a patent owner to grant rights to multiple parties; sub-licenses are granted by licensees to third parties; and cross-licenses allow an exchange of licenses between companies. The document also discusses advantages like risk transfer and access to global markets, as well as challenges like loss of control and difficulty finding licensees.
This document summarizes surrogacy laws in India. It begins by defining surrogacy and explaining the different types, including traditional vs gestational and altruistic vs commercial. It then discusses the history and origins of surrogacy and assisted reproductive technology. The document analyzes India's Assisted Reproductive Technology Regulation Bill of 2010 and 2016, highlighting relevant sections that regulate surrogacy clinics, create oversight boards, ban commercial surrogacy, and penalize violations. Both the pros and cons of the bills are discussed. While banning commercial surrogacy aims to reduce exploitation, it also limits an industry that boosts India's economy. The conclusion acknowledges this is a start but flaws need addressing before the bill becomes law.
This document provides information about IRS Form W-9, including how it is used, how to complete it, acceptable filing methods, and its role in the tax filing process for independent contractors and self-employed individuals. Form W-9 is used by businesses to request taxpayer identification information from contractors to file 1099-MISC tax forms. It can be completed on paper or electronically, and helps payees avoid backup withholding by certifying they are not subject to it. Completing a W-9 is the first step for self-employed workers to have their tax returns filed.
Tamilnadu regulation of rights and responsibilities of landlords and tenants ...Altacit Global
The document discusses the key aspects of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act 2017, which was enacted to regulate rental
housing in the state. Some key points include:
- It mandates all tenancy agreements to be in writing and registered with the Rent Authority.
- It applies to existing tenancies which must be registered within 90 days.
- It aims to facilitate landlords and tenants and provide affordable housing for all, given Tamil
Nadu's high rate of urbanization and rental housing.
Requirements for operation of civil remotely piloted aircraft systemAltacit Global
The document summarizes India's new Drone Regulation policy released by the Directorate General of Civil Aviation (DGCA) in August 2018. Some key points:
- The policy provides requirements for operating civil remotely piloted aircraft (drones), including obtaining operator permits and unique identification numbers.
- It establishes eligibility criteria for drone pilots, categories of drones based on weight, and restricted "red" and regulated "yellow" zones for drone flights.
- Violations can result in penalties like permit cancellations or legal action under the Indian Penal Code, with imprisonment and fines outlined in the Aircraft Act of 1934.
The regulation aims to legalize and standardize drone usage in India for the first time
Rights of employees under insolvent companiesAltacit Global
This document provides contact details for various offices of a company called Altacit located across different cities in India. It also provides the company's email address and website. The subsequent paragraphs discuss provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) related to the rights of employees under the code. It defines key terms like financial creditor, operational creditor, financial debt and operational debt. It explains that employees are considered operational creditors under IBC and unpaid salaries would be treated as operational debt. It discusses the process for initiation of Corporate Insolvency Resolution Process by an operational creditor as provided in the code.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
This document outlines the process for restoring a lapsed patent in India. It discusses how a patent owner can file an application for restoration within 18 months of the patent lapsing due to non-payment of renewal fees. The application must show the failure to pay was unintentional and there has been no undue delay. It describes the publication, opposition, and hearing process and notes restored patents include provisions to protect intervening users.
This document discusses celebrity rights in India. It begins with an introduction to celebrity rights as a significant development in intellectual property law that allows celebrities to benefit financially from their public image and prevent unauthorized commercial use. It then outlines the different types of celebrity rights, including personality rights, privacy rights, and publicity/merchandising rights. Key cases related to celebrity rights in India are also summarized. The document concludes by stating the need for specific celebrity rights legislation in India to protect celebrities while also respecting privacy and fundamental rights.
The Technology Development Board (TDB) of India was established in 1996 to promote development and commercialization of indigenous technology. It provides financial assistance in the form of equity, loans, and grants to industrial companies and research institutions. TDB aims to support innovative projects, foster partnerships between industry and research organizations, and help create new jobs through technological development. It receives funds from government grants and recoveries and operates with the goal of making India a global leader in technology and innovation.
This document discusses the Motor Vehicles Act 1988 and motor accident claims in India. It summarizes key aspects such as the creation of Motor Accidents Claims Tribunals to provide faster compensation, the entitlement to claim compensation for injury or death from motor accidents, and the use of mediation and Lok Adalats as alternative dispute resolution methods to help address the large backlog of pending motor accident claim cases in India. It also summarizes the key details and outcome of the Supreme Court case M.R. Krishna Murti v. The New India Insurance Civil Appeal Nos. 2476-2477 of 2019, which envisaged the creation of a Motor Accident Mediation Authority under the National Legal Services Authority to
Sebi (prohibition of insider trading) regulations, 2015Altacit Global
This document contains contact details for various offices of a company located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It also contains a brief summary of key aspects of insider trading regulations in India such as the definition of an insider, connected person, unpublished price sensitive information, what constitutes trading, the role of compliance officer in monitoring insider trading, and the concept of trading plans.
The document discusses the legality of cryptocurrency in India. It provides an overview of cryptocurrency and important ones like Bitcoin. It outlines the Indian government's stance, including a past ban on cryptocurrency trading by the Reserve Bank of India. The legality of cryptocurrency in India remains unclear as the government works to establish a legal framework, but some existing laws around payments and securities may apply.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
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As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
From Promise to Practice. Implementing AI in Legal Environments
Copyright issues in digital media
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COPYRIGHT ISSUES IN DIGITAL MEDIA
FILMA VARGHESE
TRADE MARK DEPARTMENT
COPYRIGHT ISSUES IN DIGITAL MEDIACOPYRIGHT ISSUES IN DIGITAL MEDIACOPYRIGHT ISSUES IN DIGITAL MEDIA
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
• The emergence of digital technologies towards the concluding
decades of the twentieth century raised a whole new set of
challenges to copyright regimes.
• The traditional notions of the basic concepts such as rights of
reproduction and distribution have become inadequate and even
irrelevant in the digital age.
• All works can now be digitalized whether they comprise texts,
images, sound or diagrams and once digitalized the various elements
such as images are all 'equal' and can be merged, transformed,
manipulated or mixed to create an endless variety of new works.
• Earlier rights of reproduction distribution affected tangible physical
copies only of a work.
• The new technologies brought in non-material and distribution.
Physical reproductions were replaced by digital reproduction, which
was easy as well as cost effective.
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
OBJECTIVE OF THE COPYRIGHT LAW
• The major objective of the copyright law is to strike out a balance between
rights of the copyright holders and the general public.
• To achieve its objective, copyright has been amended with time to time so as
to meet the requirements posed by the technological advancements.
• Indian Copyright Act has also been amended to counter the threats posed by
the technological developments. The major changes in copyright legislation
have been in response to advances in technology. Since the development of
internet, there have been major Amendments to the Copyright Act every two
or three years.
• While protecting the Copyright owners these measures conflict with the
legitimate rights of Copyright users. “The primary objective of copyright is
not to reward the labor of authors, but ‘[t]o promote the Progress of Science
and useful Arts.’
• To this end, copyright assures authors the right to their original expression,
but encourages others to build freely upon the ideas and information
conveyed by a work. This result is neither unfair nor unfortunate. It is the
means by which copyright advances the progress of science and art.”
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PROMINENT COPYRIGHT ISSUES
The prominent copyright issues in the digital era can be
classified into three groups
• GROUP 1: Issues relating to a whole new set of work
namely computer programs, databases and multimedia
works.
• GROUP 2: Issues relating reproduction, distribution and
communication to the public of a work through digital
media
• GROUP 3: Issues relating to management and
administration of copyright in the digital environment
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
GROWING TECHNOLOGY AND
DIGITIZATION
With the advent of the digital environment, the access, use,
duplication or modification of the original work has become really
easy. Digital environment has created a platform for people for
widespread cost effective distribution of the original works, posing
serious threats to the interest of the creator.
Threats posed by the digital environment to the copyrighted work
are way too different from that in the normal course of physical
world. To counter these threats innumerable techniques have been
developed to make digital works difficult to copy, distribute and
access without necessary permission.
In effort to counter piracy, the media industry, including
entertainment and Publishing is resorting to its own technological
fixes such as Digital Rights Management, Technological Protection
Measures and Broadcast Flags.
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Digital Right Management
Digital Right Management includes techniques which have
been developed to control duplication, modification and
distribution of original works. The authors or the creators of
the original works contend that DRM techniques are
necessary in order to protect their interest by preventing free
and unauthorized copying and distribution of their work.
However there are few who support the view that DRM
techniques pose unnecessary hurdles for the public and
impede the way of innovation and creativity by not letting
others from being motivated by the original work of others.
Some of the DRM techniques are as follows:
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
ACCESS CONTROL AND COPY CONTROL
Access and copy control software enables the creator to keep a check on
the free and illegal exploitation of their work. These techniques ensure
that only who pay, must enjoy a right over the product.
Access controls are a category of software that is designed to prevent a
user from getting a first copy of a work unless they have a license to do
so. Copy controls are snippets of software that try to stop public from
making a reproduction of work once they have obtained a copy.
Access controls are relatively easy to implement. Example of this can be
a website that requires customers to pay a fee before being offered a
download.
Copy controls avoid any manipulation of the original work.
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
ENCYPTION SCHEMES
Encryption Schemes allow creators to prevent any unauthorized
access to their original work. Encryption of content is a way to
determine the authorized user in the digital environment. Encryption
involves digital scrambling of the bits that make up content to
prevent the content from being seen clearly until it is decrypted.
Only authorized users have the keys to decrypt the work.
DIGITAL WATERMARKS
Digital Watermarks are the best techniques that help authors to
trace the source of a work and any unauthorized duplication or
distribution of their original work. The unique watermark embedded
in the original work can link the use to the original work and any
unauthorized copying or use can be traced.
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Special features are embedded into the content that are not visible as
such, but which can be read by a detection device so that it knows
whether the content being played or used is authorized and where
the source of the content was originated. Such information can
provide data on the author, rights, distribution, etc. It can also
contain copy control information and instructions.
There are other various technological protection measures by way of
which the infringement of copyright work can be prevented and the
interest of the authors can be secured. However in spite of these
techniques large number of data is copied and distributed on the
digital environment posing adverse effects on the rights of the
creators.
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PROVISIONS UNDER INDIAN
COPYRIGHT LAW
Many techniques have been developed to protect the original
work like digital watermarking, access and copy controls etc.
However, despite the fact that these techniques have been
incorporated in the legislations, regulation and protection of
original works in the digital environment remains a goal that
is yet to be achieved. It is very important that ideas should
be available to the general public so that the flow of
creativity must not be blocked. However creators and
authors must always be incentivized for their efforts. Hence
the interest of both must be kept in mind while enacting
and implementing DRM techniques.
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Strengthening of Border Measures
Section 53, dealing with importation of infringing copies,
has been substituted with a new section providing detailed
border measures to strengthen enforcement of rights by
making provision to control import of infringing copies by
the Customs Department, disposal of infringing copies and
presumption of authorship under civil remedies.
Protection of Technological Measures
The new section 65A, introduced for protection of
technological protection measures (TPM) used by a
copyright owner to protect his rights on the work, makes
circumvention of it a criminal offence punishable with
imprisonment.
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
As a result, any person who circumvents an effective technological
measure applied for the protection of any of the rights, with the
intention of infringing such rights, shall be punishable with
imprisonment, which may extend to two years and shall also be liable
to fine. The rationale is to prevent the possibility of high rate
infringement (digital piracy) in the digital media.
This amendment also clarifies the problem of circumvention
impacting the public interest on access to work facilitated by the
copyright laws. Sub-section (2) permits circumvention for specified
uses.
Digital Rights Management Information
Section 65B has been introduced to provide protection of rights
management information, which has been defined under clause (xa)
of section 2.
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
This amendment is intended to prevent the removal of the rights
management information without authority and distributing any
work, fixed performance or phonogram, after removal of rights
management information. As a result, any unauthorized and
intentional removal or alteration of any rights management
information is a criminal offence punishable with imprisonment,
which may extend to two years and fine. The rationale of the
protection emanates from the practice in the digital world of
managing the rights through online contracts governing the terms
and conditions of use.
The protection of technological measures and rights management
information were introduced in WCT and WPPT as effective
measures to prevent infringement of copyright in digital
environment. The introduction of Sections 65A and 65B is expected
to help the film, music and publishing industry in fighting piracy.
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Few DRM provisions were introduced in the Indian
Copyright law by the way of an amendment in 2012.
Section 65A and 65B were added to the Indian Copyright
Act, 1957. These DRM provisions under the Indian law
are not as extensive and exhaustive as US laws. Being
blamed for the poor protection and enforcement policies,
it is high time India should stringently follow these
provisions of digital rights management and keep a check
on copyright infringement in the digital environment.
However it is pertinent to note that a balance must
always be maintained between copyright holders and
general users.
CONCLUSION
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU