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
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
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
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
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
Copyright act - Legal Environment of Business - Business Law - Commercial Law...manumelwin
Copy right means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
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
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
Copyright act - Legal Environment of Business - Business Law - Commercial Law...manumelwin
Copy right means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
Department of Education, Aliah University
Kolkata
Seven day International Workshop
On Research in Social Science: Methodological Issues and Emerging Trends (30th October-5th November, 2018)
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
Capacity Building Programme on Geographical Indications & Design Registration for Textile Engineers organized by Rajiv Gandhi School of Intellectual Property Law IIT Kharagpur
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
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INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
3. Introduction
• Copyright is a legal concept, enacted by most
Governments
• The purpose of the project is to understand what is
copyrights under Intellectual Property rights and its
related articles in TRIPS.
• understand various aspects of Indian copyrights act
with various case studies and caselets.
4. Contents(flow)
• IP
• Berne Convention,WIPO,TRIPS,Indian Contract Act
• Copyrights
• Comparison between TRIPS and Berne convention
• Related rights under TRIPS and INDIAN Contract Act
• Comparison between India and South Africa
• Statistics
• Conclusion
5. Intellectual Property Rights
• Refers to creations of the mind.
• Owner has an exclusive right of protecting his
intangible property
• Countries have laws to protect intellectual property
for two main reasons.
o to give statutory expression
o to promote, creativity and to encourage fair-trading
7. Nature of IPR
• Largely territorial rights except copyright.
• Have to be renewed from time to time.
• IPR can be held only by legal entities
• First recognized in Paris Convention for the
Protection of Industrial Property in 1883 and
the Berne Convention for the Protection of Literary
and Artistic Works in 1886.
• Administered by the World Intellectual Property
Organization (WIPO).
8. Berne Convention
• International agreement governing the area of
copyrights
• accepted in Berne, Switzerland in 1886.
• to recognize the work or creation of authors or artist
from other signatory countries in the way as it
recognizes the work from authors or artists from its
country.
• For eg. French copyright law
9. WIPO
(World Intellectual Property Rights )
• Self funding agency by UN Established in 1967
• Developing a balanced and accessible international intellectual
property (IP) system
• Helps in protecting rights of creators and owners
• Currently 186 Member States
• Core Tasks:
• Developing international IP laws and standards
• Encouraging the use of IP for economic development
• Promoting a better understanding of IP
• Providing a forum for debate
10. TRIPS
(TRADE RELATED INTELLECTUAL PROPERTY RIGHTS)
• Sets down minimum standards for many IPR as
applied to all the member nations of the WTO.
• came into force on 1 January 1995
• It has expanded the scope of the agreement from
goods to services and also includes Intellectual
Property.
• TRIPS contains most of the Berne Convention rules.
• The Berne Convention, however, does not contain all
of TRIPS' provisions
11. INDIAN COPYRIGHT ACT, 1957
• The Copyright law in the country was governed by
the Copyright Act of 1914, which was the extension
of the British Copyright Act, 1911
• Extent and commencement:
• It extends to the whole of India.
• It came into force on 21st January ,1958 vide a
notification no.269
12. COPYRIGHTS
• Copyright grants exclusive rights to the creators to
control the copying and some other forms of
exploitation of copyright material.
• First Copyright Act was passed in 1914 .
• It protects only the form of expression of ideas,
not the ideas.
• any creative work cannot be copied without the
permission of the author/creator
• For eg. MF Hussain’s painting
14. The Da Vinci Code VS The Holy Blood and
the Holy Grail
• A central principle of copyright is that it protects the
expression of idea not the idea itself.
• Background
• Legal issues
• Judgement
• Significance
• And Finally…
15. USE OF COPYRIGHTS
• A Copyrighted work may be used or copied under certain
conditions:
• Public domain-work belongs to the public as a whole ,works
with an expired copyright or no existing protection
• Permission-prior approval for proposed use by the copyright
owner
• Legal exception-use constitutes an exemption to copyright
protection –
Fair use-use for educational and non-commercial purpose with
certain restrictions eg,research,comentary,parody,teaching
16. CASELETS
• CASES UNDER FAIR USE-
• Fairuse is a doctrine in copyright which allows
limited use of copyrighted material without
permission.
• Case1-legal solution to photocopy row
-Case
-outcome
-Significance
17. Exclusive rights
• to produce copies or reproductions of the work and to
sell those copies
• to import or export the work
• to create derivative
• to perform or display the work publicly
• to sell or assign these rights to others
• to transmit or display by radio or video
• Eg. Mickey mouse
18. Rights Protected
There are two types of rights under copyright.
• Moral
- the paternity right
-the right to integrity
• economic
- translate/adapt/arrange or otherwise
- reproduce
- make it available to the public
19. CASE STUDY-CASE AGAINST MORAL
RIGHTS
Background
Comparison
Dishonesty
Public vote on this
Big vs Small: A matter of Justice for all
20. Limitations on Rights
• Works are excluded from protection if they are not
fixed in tangible form
• The second category of limitations concerns
particular acts of exploitation.
(a) free use
(b)non-voluntary licenses.
22. DURATION
• The European Union, the United States of America
and several others have extended the term of
copyright to 70 years after the death of the author.
• Whereas India have extended upto 60 years.
• The rationale behind this is after a certain time form
part of the cultural heritage and thus be free for use.
23. DIFFERENCE BETWEEN TRIPS AND
BERNE CONVENTION LAWS
• TRIPS requires member countries to grant copyright
protection to computer programs and data
compilations.
• TRIPS does not require the protection of authors'
moral rights.
• TRIPS allows for some flexibility in its
implementation( eg:setting standards of
protection,enforcement of rights)
• TRIPS requires member countries to provide
effective sanctions for violations of copyrights
24. RELATED RIGHTS UNDER TRIPS
Article 10
• Computer Programs and Compilations of Data:
• Computer programs shall be protected as literary
works under the Berne Convention
• the source code is the main working logic of any
software program, this source code can be used for
making similar programs by the competitors therefore
source code or object code is protected as a literary
work.
25. AMENDMENTS IN INDIAN COPYRIGHT,
A comprehensive definition for "computer program"
(absent in the previous Act)
• "computer program" means a set of instructions
expressed in words, codes, schemes or in any other
form, including a machine readable medium capable
of causing a computer to perform a particular task or
achieve a particular result“
protecting object code as well as source code
26. Article 14
• Protection of Performers, Producers of Phonograms
(Sound Recordings) and Broadcasting Organizations:
Performers
• This right allows performers to prohibit the recording and
broadcasting of their live performances without their consent.
Producers of phonograms
• phonograms are protected by this law so that they can prohibit
other people from copying,
Broadcasting Organizations:
• Broadcasting organizations are provided the rights to authorize or
prohibit re-broadcasting, fixation and reproduction of their
broadcasts.
• Example: metallica v/s napster case
27. • Article 12
• Terms of Protection:
The duration of the copyright validity must be at
least 50 years.
28. AMENDMENTS IN INDIAN COPYRIGHT,
1999
• Copyright Act to broadcasts and performances
copyright protection extended upto 50 years( from present
25yrs), computed from the end of the calendar year in which
the performance took place
• If an application for registration of copyright is filed by an
applicant who is a member of either of the Conventions
copyright protection would be afforded to the applicant
automatically, there is no need for registration therefore.
29. Copyright Amendment Act, 2012
• Statutory license for broadcasting of literary and
musical works and sound recording ,Section 31D
to broadcast a literary or musical work and sound recording
which has already been published ----by prior notice
&payment
• Provisions to Apply in case of broadcast
reproduction rights & performer’s right sec 39
Any work or performance that has been broadcast, no license
to reproduce such broadcast shall be given
• Insertion of new sections 38A and 38B
• Exclusive Rights Of Performers
• Moral rights of the performer
30. RELATED RIGHTS UNDER TRIPS
• Article 11
• Rental Rights:
• a member nation will provide authors and their
successors in title the right to authorize or to
restrict/prohibit the commercial rental to the public of
originals or copies of their copyright work.
• For eg. HMV music
31. Penalty for Copyright Infringement in India
Minimum punishment for infringement of copyright:
• Imprisonment for six months.
• With the minimum fine of Rs. 50000.
If same act is repeated again then minimum punishment
is:
• Imprisonment may extend to 3 years
• And fine of Rs. One lakh- two lakh
Eg-20th Century vs sohail maklai entertainment-
$340,000
32. COMPARISON INDIA AND SOUTHAFRICA
Items India South Africa
Copyright act 1957 1965
Duration of Copyright
Life of author and then through
end of year plus 60 years
Life of author and then
through end of year plus
50 years
Moral Rights yes yes
Penalty for
infringment
Fine:50,000-2lkh Rs
Imprisonment:6 months to 3
yers
Fine :not exceeding 5-10
thousand rand
Imprisonment not
exceeding 3-5 years or
both
35. Conclusion
• Right from statute of Anne to TRIPS copyrights
Law has been developing and changing to provide
better protection and stronger hold to the
owners
• Recognition as a serious crime not only damaging
creative potential but also causing economic loss
• Awareness among people ,proper enforcement
efficient copyright cells and copyright societies
can bring down the infringement
Editor's Notes
For eg. French copyright law applies to anything published or performed in France, regardless of where it was originally created.
anyone whose using and M.F Hussains painting work for suppose a greeting card cover without authorization
For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough to not be judged copies of Disney's. Note additionally that Mickey Mouse is not copyrighted because characters cannot be copyrighted; rather, Steamboat Willie is copyrighted and Mickey Mouse, as a character in that copyrighted work, is afforded protection
The first limitation is the exclusion from copyright protection of certain categories of works. In some countries, works are excluded from protection if they are not fixed in tangible form. For example, a work of choreography would only be protected once the movements were written down in dance notation or recorded on videotape. In certain countries, the texts of laws, court and administrative decisions are excluded from copyright protection.The second category of limitations concerns particular acts of exploitation, normally requiring the authorization of the rights owner, which may, under circumstances specified in the law, be carried outwithout authorization. There are two basic types of limitations in this category: (a) free use, which carries no obligation to compensate the rights owner for the use of his work without authorization; and (b)non-voluntary licenses, which do require that compensation be paid to the rights owner for non-authorized exploitation.Examples of free use include: quoting from a protected work, provided that the source of the quotation and the name of the author is mentioned, and that the extent of the quotation is compatible with fair practice;use of works by way of illustration for teaching purposes; anduse of works for the purpose of news reporting.
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)The TRIPS is an international agreement administered by the WTO. A map showing the current membership of the WTO is available here((.link_red)). The TRIPS agreement was negotiated and concluded in 1994. TRIPS establishes minimum standards for many forms of intellectual property protection in member countries of the WTO, including copyright.The substantive provisions of TRIPS do not differ drastically from the Berne Convention. The major difference is that TRIPS requires member countries to grant copyright protection to computer programs and data compilations. However, TRIPS does not require the protection of authors' moral rights, which the Berne Convention requires.The most important innovations of TRIPS are the remedies it requires. Unlike the Berne Convention, TRIPS requires member countries to provide effective sanctions for violations of copyrights. In addition, it creates a dispute resolution mechanism by which WTO member countries can force other members to comply with their treaty obligations. It is sometimes said that, unlike the Berne convention, TRIPS has "teeth."TRIPS allows for some flexibility in its implementation. This flexibility is intended to permit developing nations to balance the incorporation of the general principles of TRIPS with development concerns. You can study additional Information concerning the flexibilities of TRIPS for developing nations.
Under Section 38A, the performer's right which is an exclusive right subject to the provisions of this Act making a sound recording or a visual recording of the performance, reproduction of it in any material form including the storing of it in any medium by electronic or any other means, issuance of copies of it to the public not being copies already in circulation, communication of it to the public by selling or giving it on commercial rental or offer for sale or for commercial rental of any copy of the recordingUnder Section 38B, mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer's reputationUnder Section 31D,any broadcasting organization desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so by giving prior notice, in such manner as may be prescribed and state its intention to broadcast the work & the duration, territorial coverage of the broadcast. They shall pay to the owner of rights in each work in the manner and at the rate fixed by the Copyright Board.
Example:In 2010 a suit was filed by twentieth century against sohailmaklai entertainment for the unlawful remake of twentieth century’s 2002 thriller phone booth in the form of knock out. It was the first time when an Indian court ruled that an Indian movie infringed Hollywood movie’s copyright. The Bombay high court awarded twentieth century injunctive relief until sohailmaklai paid $340,000 in damage
