Cppy rights

COPYRIGHTS
Presented by
Darvesh Dimple
M.Pharmcy
Pharmacology 1st year
D.DIMPLE M.PHARMACY PHARM1ACOLOGY 1ST YEAR

Definition:
• 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.
• Copyright also includes the set of
exclusive rights granted to the author or
creator of an original work, including
the right to copy, distribute and adapt
the work.

• © is the copyright symbol in
a copyright notice
• DVD: All Rights Reserved

Copyright Act 1957
• The Copyright Act, 1957 came into effect from January 1958.
This Act has been amended five times since then, i.e., in 1983,
1984, 1992, 1994 and 1999, with the amendment of 1994
being the most substantial.
• Prior to the Act of 1957, the Law of Copyrights in the country
was governed by the Copyright Act of 1914. This Act was
essentially the extension of the British Copyright Act, 1911 to
India.
• Even the Copyright Act, 1957 borrowed extensively from the
new Copyright Act of the United Kingdom of 1956. The
Copyright Act, 1957 continues with the common law
traditions.

• The Indian Copyright Act today is compliant with most
international conventions and treaties in the field of
copyrights.
• India is a member of the Berne Convention of 1886 (as
modified at Paris in 1971),
• The Universal Copyright Convention of 1951 and
• The Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS) Agreement of 1995.

Internet treaties
• Two new treaties, collectively termed as Internet Treaties,
were negotiated in 1996 under the auspices of the World
Intellectual Property Organization (WIPO).
• These treaties are called the ‘WIPO Copyrights Treaty
(WCT)’ and the ‘WIPO Performances and Phonograms
Treaty (WPPT)’.
• These treaties were negotiated essentially to provide for
protection of the rights of copyright holders, performers and
producers of phonograms in the Internet and digital era.
• India is not a member of these treaties; amendments are being
mooted to make Act in compliant with the above treaties in
order to provide protection to copyright in the digital era.

International law of Copyright
• The TRIPS agreement of WTO:
 Section 1 of part 2 of TRIPS Agreement is related to Copy
rights and related rights
 Article 6 bis of Berne Convention relating to Moral Rights
read thus:
1) “Independently of the authors economic rights and even after
the transfer of said rights, the author shall have the right to
claim authorship of the work and to object to any distortion,
mutilation or other modification of, or other derogatory action
in relation to, the said work, which would be prejudicial to his
honour or reputation.

2) The Rights granted to the author in accordance with the
preceding paragraph shall, after his death, be maintained, at
least until the expiry of the economic rights, and shall be
excercisable by the persons or institutions authorised by the
legislation of the country where production is claimed
3) The means of redress for safeguarding the rights granted by
this Article shall be governed by the legislation of country
where protection is claimed”.

Basics of Copyright
• A Work has to be in a tangible form
• It has to be Creative under one of the category mentioned
• It is the expression part not the idea part
• Originality is the criteria
• Utility is not a criteria

Works considered for
Copyright protection:
literary works: novels, short stories, poems, dramatic works
and any other writings, irrespective of their content , length,
purpose, form (handwritten, typed, printed; book, pamphlet,
single sheet,newspaper, magazine); whether published or
unpublished; in most countries “oral works,” that is, works not
reduced to writing, are also protected by the copyright law
musical works: whether serious or light; songs, choruses,
operas, musicals, operettas; if for instructions, whether for one
instrument (solos), a few instruments (sonatas, chamber music,
etc.), or many (bands, orchestras);

artistic works: whether two-dimensional (drawings, paintings,
etchings, lithographs, etc.) or three-dimensional (sculptures,
architectural works), irrespective of content (representational or
abstract) and destination (“pure” art, for advertisement, etc.)
maps and technical drawings;
photographic works: irrespective of the subject matter
(portraits, landscapes, current events, etc.) and the purpose for
which they are made;
motion pictures (“cinematographic works”): whether silent or
with a soundtrack, and irrespective of their purpose their genre
(film dramas, documentaries, newsreels, etc.), length, method
employed (filming “live,” cartoons, etc.), or technical process
used (pictures on transparent film, videotapes, DVDs, etc.).
computer programs (either as a literary work or independently).

Scope of Copyright
• To reproduce work in any material form
• To issue copies
• To make translation
• To make any adaptation
• Reproduce two dimensional drawing in three dimensional
object

Ownership of Copyright
• First owner of Copyright:
The author of a work shall be the first owner of the
copyright.
Who is an author?
• In the case of a literary or dramatic work the author, i.e., the
person who creates the work.
• In the case of a musical work, the composer.
• In the case of a cinematograph film, the producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of a computer generated work, the person who
causes the work to be created.

Rights of the owner
 The right of reproduction :
The right of reproduction commonly means that no person
shall make one or more copies of a work or of a substantial
part of it in any material form including sound and film
recording without the permission of the copyright owner. The
most common kind of reproduction is printing an edition of a
work. Reproduction occurs in storing of a work in the
computer memory.

 Performing Rights
Public readings, dramatic and musical performances before an
audience need authorisation by owner. The right to control this
act of public performance is of interest not only to the owners
of copyright in works originally designed for public
performance, but also to the owners of copyright, and to
persons authorized by them, when others may wish to arrange
the public performance of works originally intended to be used
by being reproduced and published. For example, a work
written originally in a particular way in order to be read at
home or in a library may be transformed (“adapted”) into a
drama designed to be performed in public on the stage of a
theater.

Recording Rights
• The third act to be examined is the act of making a sound
recording of a work protected by copyright. So far as music is
concerned, sound recording is the most favored means of
communicating a work to a wide public. This serves much the
same purpose for musical works as books serve for literary
works.
• Sound recordings can incorporate music alone, words alone or
both music and words. The right to authorize the making of a
sound recording belongs to the owner of the copyright in the
music and also to the owner of the copyright in the words. If
the two owners are different, then, in the case of a sound
recording incorporating both music and words, the maker of
the sound recording must obtain the authorization of both
owners.

 Motion Picture Rights
• A “motion picture” is a visual recording, giving to viewers an
impression of motion. In the technical language of copyright
law it is often called a “cinematographic work” or an
“audiovisual work.” In some countries the word “film” is used
instead of the expression “motion picture.”
• A drama originally written for performance by performers to
an immediately present audience (“live performance”) can be
visually recorded and shown to audiences far larger in
numbers than those who can be present at the live
performance; such audiences can see the motion picture far
away from the place of live performance and at times much
later than the live performance.

 Translation and Adaptation Rights
• The acts of translating or of adapting a work protected by
copyright require the authorization of the copyright owner.
“Translation” means the expression of a work in a language
other than that of the original version.
“Adaptation” is generally understood as the modification of a
work from one type of work to another, for example adapting a
novel so as to make a motion picture, and for example
adapting an instructional textbook originally prepared for
higher education into an instructional textbook intended for
students at a lower level.

 Moral rights
• The Berne Convention requires member countries to grant to
authors:
- the right to claim authorship of the work;
- the right to object to any distortion, mutilation or other
modification of, or other derogatory action in relation to, the
work which would be prejudicial to the author’s honor or
reputation.
• These rights are independent of the usual economic rights and
to remain with the author even after he has transferred his
economic rights.

Term of copyright
• Copyright shall subsist in any literary, dramatic, musical or
artistic work published within the life time of the author until
sixty years from the beginning of the calendar year next
following the year in which the author dies ‘Calendar Year’
means the year commencing on the first day of January.
• In the case of anonymous or pseudonymous works it is 60
years from year of publication.
• In the case of posthumous publications it is 60 years from year
of publication.
• The period of copyright for photograph, cinematograph and
sound recording is until 60 years from the year of publication.
• If the first owner is government it is 60 years from the year of
publication.

Limitations of Copyright protection
 Temporal
Copyright does not continue indefinitely. The law provides for
a period of time, a duration, during which the rights of the
copyright owner exist.
 Geographic
The owner of the copyright in a work is protected by the law of
a country against acts restricted by copyright which are done
in that country. For protection against such acts done in
another country, he must refer to the law of that other country.
If both countries are members of one of the international
conventions on copyright, the practical problems arising from
this geographical limitation are very much eased.

Permitted Use
• Certain acts normally restricted by copyright may, in
circumstances specified in the law, be done without the
authorization of the copyright owner.
• Some examples of such exceptions are described as “fair use.”
Such examples include reproduction of a work exclusively for
the personal and private use of the person who makes the
reproduction;
• another example is the making of quotations from a protected
work, provided that the source of the quotation, including the
name of the author, is mentioned and that the extent of the
quotation is compatible with fair practice.

 Non-Material Works
In some countries, works are excluded from protection if they
are not fixed in some material form. In some countries, the
texts of laws and of decisions of courts and administrative
bodies are excluded from copyright protection.
It is to be noted that in some other countries such official texts
are not excluded from copyright protection; the government is
the owner of copyright in such works, and exercises those
rights in accordance with the public interest.

Copyright Office
• Section 9 of the Copyright Act requires for establishment of an
office to be called the Copyright Office for the purpose of the
Act. The Copyright Office is to be under the immediate
control of a Registrar of Copyrights to be appointed by the
Central Government, who would act under the
superintendence and directions of the Central Government.
• The Copyright Office is currently located at the following
address:
B-2/W-3, Curzon Road Barracks
Kasturba Gandhi Marg
New Delhi - 110001

Copyright Board
• Section 11 of the Copyright Act requires the Central
Government to constitute a Copyright Board headed by a
Chairman with not less than two and not more than 14 other
members. Registrar of Copyrights is to be Secretary of the
Copyright Board.
• Section 12 of the Copyright Act also lays down the powers of
the Copyright Board and deems it to be a civil court for the
purposes of Sections 345 and 346 of the Code of Criminal
Procedure, 1973 and also that all the proceedings of the Board
would be deemed to be judicial proceedings within the
meaning of Sections 193 and 228 of the Indian Penal Code.

Composition of Copyright Board
• Chairman
Mr.S. Ramaiah
(Former Law Secretary to the Government of India)
• Member
• Joint Secretary-in-charge of Copyrights Ministry of Human
Resource Development Department of Secondary Education
and Higher Education, Government of India
• Joint Secretary and Legal Adviser in the Ministry of Law,
Justice and Company Affairs) dealing with Department of
Secondary Education and Higher Education, Government of
India
• Law Secretary, Government of Kerala
• Law Secretary, Government of Karnataka
• Law Secretary, Government of Rajasthan

• Law Secretary, Government of West Bengal
• Law Secretary, Government of Meghalaya
• Law Secretary, Government of Maharashtra
• Law Secretary, Government of Uttar Pradesh
• Law Secretary, Government of Madhya Pradesh

Powers of Copyright Board
• The Chairman of the Board is of the level of a
judge of a High Court. The Board has the power to:
– hear appeals against the orders of the Registrar
of Copyright;
– hear applications for rectification of entries in
the Register of Copyrights;
– adjudicate upon disputes on assignment of
copyright;
– grant compulsory licences to publish or
republish works (in certain circumstances);

– grant compulsory licence to produce and publish a
translation of a literary or dramatic work in any language
after a period of seven years from the first publication of
the work;
– hear and decide disputes as to whether a work has been
published or about the date of publication or about the term
of copyright of a work in another country;
– fix rates of royalties in respect of sound recordings under
the cover-version provision; and
– fix the resale share right in original copies of a painting, a
sculpture or a drawing and of original manuscripts of a
literary or dramatic or musical work

Special powers of Registrar
• The Registrar of Copyrights has the powers of a civil court
when trying a suit under the Code of Civil Procedure in
respect of the following matters, namely,
 summoning and enforcing the attendance of any person and
examining him on oath;
 requiring the discovery and production of any document;
 receiving evidence on affidavit;
 issuing commissions for the examination of witnesses or
documents;
 requisitioning any public record or copy thereof from any
court or office;
 any other matters which may be prescribed.

CEAC
The government has set up a Copyright Enforcement Advisory
Council (CEAC)

Composition of Copyright Enforcement
Advisory Council
• Chairman
Additional Secretary, Department of Education, Ministry of
Human Resource Development (Ex-officio)
• Vice-Chairman
Joint Secretary in-charge of Book Promotion and Copyright
Division, Department of Education (Ex-officio)
• Members
Joint Secretary (Films), Ministry of Information &
Broadcasting (Ex-officio)
Joint Secretary, Department of Electronics (Ex-officio)
Director General of Police, Government of Uttar Pradesh
Director General of Police, Government of Andhra Pradesh
Director General of Police, Government of Gujarat
Director General of Police, Government of Punjab

Director General of Police, Administration of Chandigarh
Representative of the Federation of Indian Publishers, New
Delhi.
Representative of Authors’ Guild of India, New Delhi.
Representative of the Federation of Publishers’ and
Booksellers’ Associations in India, New Delhi.
Representative of Film Federation of India, Mumbai
Representative of National Association of Software Service
Companies, New Delhi
Representative of Phonographic Performance Limited,
Mumbai.
Representative of Indian Performing Right Society Ltd.,
Mumbai
Representative of Cine Artistes Association, Mumbai

• Newspaper advert: "United
States and Foreign
Copyright. Patents and
Trade-Marks A Copyright
will protect you from
Pirates. And make you a
fortune."

• A copyright certificate for
proof of the Fermat
theorem, issued by State
Department of Intellectual
Property of Ukraine

• Newton's own copy of
his Principia, with
hand-written corrections
for the second edition

License
• A license is an authorisation to do certain acts which, without
such authorisation, would be an infringement.
• Licences can be exclusive or non-exclusive.
• Exclusive license means a license which confers on the
licensee or on the licensee and persons authorised by him, to
the extrusion of all other persons (including the owner of the
copyright), any right comprised in the copyright in a work, and
exclusive licensee shal be construed accordingly.

Piracy and Infringement
• The rights of an owner of copyright are infringed when one of
the acts requiring authorization of the owner is done by
someone else without his consent.
• The unauthorized copying of copyright materials for
commercial purposes and the unauthorized commercial
dealing in copied materials is known as “piracy.”

• Infringing a copy means
 In relation to a literary, dramatic, musical or artistic work, a
reproduction thereof otherwise than in the form of a
cinematograph film,
 In relation to cinematograph film, a copy of the film made on
any medium by any means,
 In relation to a sound recording any other recording,
embodying the same sound recording, made by any means,

activities involving infringement of copyright:
– Making infringing copies for sale or hire or selling or
letting them for hire;
– Permitting any place for the performance of works in
public where such performance constitutes infringement
of copyright;
– Distributing infringing copies for the purpose of trade or
to such an extent so as to affect prejudicially the interest
of the owner of copyright ;
– Public exhibition of infringing copies by way of trade;
and
– Importation of infringing copies into India.

Remedies
 Remedies for infringement of copyright or for violation of
related rights consist of civil redress, as where infringers are
obliged by court to cease the infringement and to undertake
reparatory action by any appropriate means, for example,
rectification in the press or liability for damages.
 Some laws also provide for penal remedies in the form of fines
and/or imprisonment. Infringing copies, receipts resulting
from infringement and any implement used for the same are
usually subject to seizure.

Civil Remedies
• A copyright owner can take legal action against any person
who infringes the copyright in the work. The copyright owner
is entitled to remedies by way of injunctions, damages and
accounts.
• The District Court concerned has the jurisdiction in civil suits
regarding copyright infringement
• All infringing copies of any work in which copyright subsists
and all plates used or intended to be used for the production of
such infringing copies shall be deemed to be the property of
the owner of the copyright.

Final Remedy
• The two usual remedies which are available for copyright
owners in common-law jurisdictions following the final trial
of an infringement action are a perpetual injunction and
damages. The perpetual injunction is granted in order to
prevent any further repetition of the infringing action.
• In order to make the injunction effective, it is often coupled
with an order for the delivery by the infringer of all infringing
copies of the copyright work, which are then subject to
destruction so as to ensure that they cannot be re-used or sold.

 The object of an award of damages to a copyright owner is
to restore the copyright owner to the position he would have
been in had his copyright not been infringed. A difficulty often
encountered in obtaining a satisfactory judgment in damages is
the production of evidence as to the extent of sales which have
taken place and thus as to the extent of damage which has
been caused to the plaintiff’s copyright.

 Of particular relevance to piracy, is the provision in some
jurisdictions for additional damages in the case of a flagrant
infringement of copyright. Before an award of additional
damages can be made in such jurisdictions, however, it is
necessary to establish that the infringer’s conduct has been
deliberate and calculated, and that he has obtained a pecuniary
advantage in excess of the damages that he would otherwise
have to pay.

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