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.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
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.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
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.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
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.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
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.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
copyright is a type of intellectual property that gives the creator of an original work, or another owner of the right, the exclusive, legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time
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)
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
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
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.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. Introduction
Copyright is basically about the right to Copy.
In India, the law on copyright protection is contained in
the Indian Copyright Act, 1957 – which came into effect
in January 1958.
This Act has been amended 5 times since then i.e.. In
1983, 1984,1992, 1994, 1999 & 2012.
The Copyright ( Amendment ) Act 2012 is the most
substantial, bringing the digital environment into its
purview.
3. Introduction
Copyright is based on the notion that a person who creates or
produces creative work, has a right to decide how the fruit of his
talent, skill & labor should be reproduced. Without this protection,
nobody would be encouraged to be creative.
Earlier, this was relevant mainly to the publishing business, film
industry & music industry. But with the advent of the IT revolution
the copyright law has found new application in protecting computer
programs, software & content put up on the internet.
Copyrighting is always in favor of the creator of the work. A
copyright arises the moment a person creates a work. Registration
of copyright is not necessary. However the act provides for the
mechanism for registration of copyright, which is useful as it serves
as ready evidence of copyright in favor of the holder.
The Act prohibits the copying or reproduction of copyrighted
material. The copyright holder can prosecute a person making
unauthorized use & can claim damages and compensation.
4. Scope of Copyright
Copyright is available for a wide range of expressions – Literary,
Dramatic, Musical, Artistic Works, Film industry.
Literary - includes books, novels, newspaper articles, magazines &
journals, instruction manuals.
Dramatic - includes recitation, acting out of any literary work or an
arrangement of scene, choreographic works & dumb shows.
Musical – includes original music work & a particular combination of
melody & harmony.
Artistic – includes painting, sculptures, photographs, drawing,
diagrammatic representation of a map or chart.
Film – includes motion pictures, television shows, television
recordings of events, documentaries
5. Scope of Copyright
The Act was amended in 1995, as a part of the commitment under
the GATT, to include computer programs, tables & compilations
including data bases in the definition of literary works. Here the
scope of computer programs is quite broad.
The first important requirement is that the Work should be
ORIGINAL. What is original? A writer does not invent a language,
he uses it. A musician does not invent notes & scales, he uses it
which he has learnt from others in training. Thus our ‘creativity’ is
only an expression of what we have copied from others during
socialization.
So the law resolves the question of originality within this bound – by
asking or checking whether a substantial investment of time, labor
& capital has been done by the author!!
6. Scope of Copyright
Co p y rig ht is no t re la te d to Id e a s but to the ir Ex p re s s io n
For e.g. – a novelist comes up with a plot in which he an
international passenger at an airport gets stranded without any
proof of nationality. This is only an Idea; which has to be expressed
in a tangible form in sentences, paragraphs, chapters like in the
form of a novel. Copyright is given over this material form of
expression. Nobody should copy this material expression.
Thus a person who copies some paragraphs or lines from this novel
for his own essay titled ‘ Shopping at International Airports’ has not
copied the idea from the novelist. Yet it is a case of copyright
violation as he has copied from its material expression.
On the other hand a person who takes the Idea and narrates it
differently has copied the Idea. Yet he has not violated copyright as
the texts are entirely different.
7. Rights of Copyright Owner
A copyright is essentially a right to prohibit copying of work. The Act
lists certain activities which cannot be done in relation to the
different categories of copyrighted work. They are as follows –
1. To reproduce the work in any material form including its storing
in an electronic medium.
2. To publish the work
3. To perform the work in public
4. To make any film or record in respect of copyrighted work
5. To make any translation or adaptation of the work.
In relation to films & records, it gives exclusive rights to the owner to
make copies of the film & communicate the film to the public by
broadcasting means.
In relation to Computer Software it gives exclusive rights to sell or
give on rental any copy of computer program.
8. Rights of Copyright Owner
In the 1995 Amendment, Broadcasting Reproduction Rights were
added which are as follows:
1. No one can re-broadcast a Broadcast. For e.g. if Doordarshan
is broadcasting a cricket match, no other channel can take the
feed and broadcast it without license from the owner
( Doordarshan Network )
2. No person can make a recording of a Broadcast, other than for
private use, or for teaching & research.
3. No person can sell or hire a Broadcast without a license from
the owner.
The only exception to the above is the use of excerpts of a
broadcast in the reporting of current events or for review, teaching
& research.
9. Rights of Copyright Owner
As the law is applicable to India, a copyright arises under the Act in
following cases:
1. The work is first published in India
2. The work is first published outside India, but the author is a citizen
of India.
3. In case of unpublished work, the author is, at the date of making the
work, a citizen of India or domiciled in India
4. In case of an architectural work of art, the work is located in India.
Period of Copyright –
On one hand, creator should enjoy fruits of his creativity, on the other
the society as a whole should benefit from the creation of new ideas &
expressions. Balancing the 2 claims, Copyright protection is available
on for limited no. of years.
For authors it is for lifetime and 60 years from their death. For other
creative works like films, music, art, drama it is for 60 years
10. Copyright Infringement
The Act brings several other persons in its fold in addition to the
person copying the work. Thus the owner of a hall who lets out his
place for the viewing of a CD that is pirated, knowing the CD to be
pirated, also infringes the Act.
Any person who commercially deals in, by selling, hiring or
importing, any work which is an infringement of copyright, is also a
violator of the law. So all persons selling pirated videos/films/music
CD’s get covered by this law.
The Act provides for civil as well as criminal liability.
An owner can initiate a civil suit against the infringing person in a
district court within whose jurisdiction the owner resides or where
the cause of action arose.
An owner can initiate a criminal prosecution as well. The
imprisonment term is for a term not less than 6 months extending
up to 3 years, in addition to a fine of not less than Rs 50,000/-
extending up to Rs 2 Lakh.
11. Copyright Infringement
Under new provision introduced in 1995, even a person using a
computer program, knowing that the program infringes a copyright,
will be punishable imprisonment not less than 7 days extending to 3
years & a fine not less than Rs 50,000/- extending to Rs 2 Lakh.
Police officers of rank sub-inspector & above have wide powers to
search and seize any work infringing copyrights.
12. Exemptions from Copyright Violations
The enjoyment of every property is subject to restrictions imposed
by the State. The Act exempts several activities from the obligations
of copyright violation.
In relation to literary work –
• A fair dealing with literary, dramatic, musical or artistic work for
purpose of private use, research, criticism or review, reporting
current events in a
newspaper/magazine/broadcast/cinematographic film/still
photographs.
• Reproduction of work for the purpose of the Sate or functioning
of law, for e.g. judicial or legislative proceedings.
• Reading or recitation in public from a published literary or
dramatic work.
• Publication of short passages of such works for educational
purposes – by a teacher or pupil in the course of instruction.
• Making of up to 3 copies of a book for a public library, if such
book is not available for reading/sale in India.
13. Exemptions from Copyright Violations
• Reproduction of an article on current economical, political, social
or religious matters in newspapers, magazines etc unless the
author has expressly reserved this right to himself.
• Reproduction or publication of any matter published in official
Gazettes, including Acts enacted by the Parliament or State
Legislature. In the case of reproduction of Acts, all commentaries
& other original matter also have to be published.
• Reproduction or publication of any committee, commission,
council appointed by the legislature, unless the government has
prohibited it.
• Reproduction or publication of any judgment or order of a court,
tribunal or other judicial authority, unless it has been prohibited
by the court.
14. Exemptions from Copyright Violations
In relation to computer related copyrights –
• Making of copies or adaptations of computer programs for
utilizing it.
• Making of a copy to protect against the loss of the original.
• The observation, study or test of functioning of the computer
program, to determine the ideas & principles that underline any
element of the program, while performing such acts that are
necessary for the functions for which the computer program was
supplied..
• The making of copies or adaptations of the computer program
from a personally legally obtained copy, for non-commercial
personal use.
15. Registration of a Copyright
A person does not have to register his work to become the owner.
But registration is useful if a dispute arises in relation to an
infringement of a copyright. A certificate of Registration becomes a
crucial prima-facie evidence before a court about the ownership of
the material.
For registration, the office of the Registrar of Copyrights has been
created.
It is maintained in the Copyright office of the Department of
Education. The register contains 6 parts as under –
• Part 1 - Literary works other than Computer Programs.
• Part 2 – Musical Works
• Part 3 – Artistic Works
• Part 4 – Cinematograph Films
• Part 5 – Sound Recording
• Part 6 – Computer Programs, tables & compilations, including
databases
16. Copyright
THANK YOU
Anand Prabhudesai
Weekday Batch – MBA (EE) 2014 (SIMS – Pune)
So urc e – Le g a l As p e c ts o f Bus ine s s by
Akhile shwa r Pa tha k