Demystifying ………..Copyright…

…DEMYSTIFYING
………..COPYRIGHT…
Dr. Sabuj Kumar Chaudhuri
Department of Library & Information Science
University of Calcutta
sabujkchaudhuri@caluniv.ac.in

Copyright Criminals!!!
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UGC-Human Resource Development Center, University of Calcutta /112th Orientation
Programme 21-12-2015

Copyright Infringement case against Delhi University
21-12-2015
Programme 3

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Copyright & Monkey Selfie
Female Celebes crested macaque David Slater
21-12-2015
Programme 10

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Basics of IPR
 What is property?
 What is Intellectual property (IP)?
 What is Intellectual Property Rights(IPR)?
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Property
 The term is extraordinarily difficult to answer.
 Ordinary person defines property as ‘thing’ but attorney
defines it as ‘right’.
 It has two understandings :
 Legal Understandings:
 Property is the inclusion of rights of exclusive use and
alienability
 Economic Understandings:
 Property includes all rights of individuals to valuable
resources.
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Types of Property
 The tangible property
includes physical
objects such as land,
household goods, car
etc.
 The intangible property
includes a list of
products of human
intellect such as
patents, copyright,
trademarks and
industrial designs etc.
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IP IPR
 Intellectual property (IP)
deals with the creations of
the human intellect and
protects the creations of
the human mind, the
human intellect. This is
why this kind of property is
called “intellectual
property”.
 Intellectual property rights
(IPR) are the rights awarded
by society to individuals or
organizations principally over
Intellectual Property i.e.,
creative works: inventions,
literary and artistic works,
and symbols, names, images,
and designs used in
commerce. They give the
creator the right to prevent
others from making
unauthorized use of their
property for a limited period.
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IPR
Industrial Property
Patent
Industrial Design
Trademark
Trade Secret
Geographical Indications (GI)
Utility Models
Artistic & Literary Property
Copyright
Sui generis System (“LatinWord means “of its own kind”)
Database
Integrated Circuit
Plant Breeders’ Right (PBR)
Classification of IPR
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The Idea of Copyright
 Let’s go to 500 yrs
back……
-Johann Gutenberg in
Germany around 1440
Invented movable
printing press
-Introduced to England
by William Caxton in
the last quarter of the
15th century
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Contd…
 1550s, the Stationers’
Company was
chartered by royal
decree, and effectively
controlled the printing
and dissemination of
books throughout
England.
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Deposit Requirement
 Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
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Donaldsonv.Beckett(1774)(98Eng.Rep.257)–LordCamden:
“Knowledgehasnovalueoruseforthesolitaryowner;tobeenjoyeditmustbe
communicated”
 Charter Lapsed in 1695
 England's Statute of
Anne (1710) is widely
regarded as the first
modern copyright law
that for the first time
protected the rights of
authors rather than
publishers of books.
 Term of copyright was
28 years [14 years + 14
years if the author was
still alive]
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Other Parts of the World
 In France a copyright decree was adopted in
1791.
 In Germany author’s rights were recognized
by a Saxon Order dated Feb 27, 1686.
 In America the first federal law on copyright,
the Copyright Law 1790 provided protection
to books, maps and charts.
21

History of Copyright in India
3 distinct phases>>>>
Phase I: 1847 Copyright Law East India Company
Phase II: 1914 Indian Copyright Act ( UK Copyright
Act ,1911 as template)
Phase III: 1957 Indian Copyright Act (repealed
Indian Copyright Act of 1914)
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3 Aspects of CopyrightPhilosophical
• Philosophical
Legal
• Legal
Functional
• Functional
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Creativity & Copyright
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.
21-12-2015
Programme 24

What is Copyright?
Copyright is a kind of Intellectual Property Rights (IPR).
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 for a limited period of time after that it
goes into the public domain.
For copyright protection:
•The work must be original.
•The work must be fixed, or presented in a tangible form
such as writing, film, or photography.
• Created by any qualified person
Let us discuss the functional
aspects… of Copyright
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Copyright is in essence a bundle of rights covering the following:
Rights for reproduction, i.e. exclusive rights to make copies of the work.
Rights for modification/adaptation, i.e. exclusive rights to modify and
make adaptations and create derivative works.
Rights for distribution, i.e. the rights distribute the work to the public.
Rights for public performance, i.e. the right to recite, play, dance, or act
with or without the aid of a machine.
Rights for public display, i.e. the right to display the work anywhere that
is open to the public
Rights of Copyright Owners
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Who is 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.
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Copyright for Sound Recordings
 Ordinarily the author is the
first owner of copyright in a
work.
 There are many right
holders in a musical sound
recording. For example, the
lyricist who wrote the lyrics,
the composer who set the
music, the singer who sang
the song, the musician (s)
who performed the
background music, and the
person or company who
produced the sound
recording.
21-12-2015
Programme 28

Copyright for Cinema
 The cine artiste who acts
in the film is not
protected by copyright
law for his acting.
 A film is essentially a
collection of copyrights,
i.e. a screenplay, possibly
based on a book, music,
directing talent, actors’
performances, as well as
the contributions of
creative technical crew
such as costumers and
set designers.
21-12-2015
Programme 29

Cinema in New Technology
 The growth of local film industries
(in volume and quality) around the
world and the new technologies
that allow films to reach global
audiences have made it more
important than ever that film
producers adhere to internationally
recognized standards for copyright
ownership and transfer.
Video-On-Demand (VOD)/Pay Per
View (PPV)/Download to Own
Ad-Supported, where the viewer
must watch advertisements as
“payment” for the film
Subscription, where a flat monthly
fee is paid for unlimited viewing of a
set of films
21-12-2015
Programme 30

Core Copyright Industries Partial Copyright Industries
Distribution Copyright Industries Copyright Related Industries
Copyright
Industries/Cultural
Industries/Content
Industries
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Copyright Industries/Cultural Industries/Content
Industries
Core Copyright Industries( include newspapers, books and periodicals,
motion pictures, recorded music, music publishing, radio and television
broadcasting, and business and entertainment software)
Partial Copyright Industries (include from fabric to jewelry to furniture
to toys and games. )
Distribution Copyright Industries (non-dedicated support industries,
includes industries that distribute both copyright and non-copyright
protected materials to business and consumers include transportation
services, telecommunications and wholesale and retail trade )
Copyright Related Industries (include manufacturers, wholesalers and
retailers of CD players, TV sets, VCRs, personal computers and usage
dependent products including blank recording material and certain
categories of storage mediums.
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No. Acquisition of copyright is automatic and it
does not require any formality. Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright. However,
certificate of registration of copyright and the
entries made therein serve as prima facie
evidence in a court of law with reference to
dispute relating to ownership of copyright.
Is it necessary to register a
work to claim Copyright ?
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Is copyright assignable?
 Yes. The owner of the copyright in an existing
work or the prospective owner of the
copyright in a future work may assign to any
person the copyright either wholly or partially
and either generally or subject to limitations
and either for the whole term of the
copyright or any part thereof.
21-12-2015
Programme 34

Contd...
What will be the period of assignment if not
specifically stated in the assignments?
 If the period of assignment is not stated, it shall be
deemed to be five years from the date of assignment.
What will be the territorial extent of the assignment if
not specified in the assignment?
 If the territorial extent of assignment of the rights is
not specified, it shall be presumed to extend within
the whole of India.
Can an author relinquish copyright and, if so, how?
 The author of a work may relinquish all or any of the
rights comprising the copyright in the work by giving
notice in the prescribed form to the Registrar of
Copyrights.
21-12-2015
Programme 35

Registration Fees
Types ofWork Application Republish
Literary, Dramatic,
Musical orArtistic
work
Rs. 500/- per
work
Rs. 5000/- per work
Cinematograph Film Rs. 5000/- per
work
Rs. 15,000/- per
work
Sound Recording Rs. 2,000/- per
work
Rs. 10,000/- per
work
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Yes. Any individual who is an author or
rights owner or assignee or legal heir can
file application for copyright of a work
either at the copyright office or by post or
by e-filing facility from the copyright
Office web-site "www.copyright.gov.in"
Can I myself file an application for
registration of copyright of a work
directly?
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Yes. Both published and unpublished works
can be registered.
When a work has been registered as
unpublished and subsequently it is published,
the applicant may apply for changes in
particulars entered in the Register of Copyright
in FormV with prescribed fee.
The process of registration and fee for
registration of copyright is same.
Whether unpublished works are
registered?
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Yes. Computer Software or programme can be
registered as a ‘literary work’. As per Section 2
(o) of the Copyright Act, 1957 “literary work”
includes computer programmes, tables and
compilations, including computer databases.
‘Source Code’ has also to be supplied along
with the application for registration of
copyright for software products.
Whether computer Software or Computer
Programme can be registered?
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After you file your application and receive diary number you have to
wait for a mandatory period of 30 days so that no objection is filed in
the Copyright office against your claim that particular work is created
by you. If such objection is filed it may take another one month time
to decide as to whether the work could be registered by the Registrar
of Copyrights after giving an opportunity of hearing the matter from
both the parties.
If no objection is filed the application goes for scrutiny from the
examiners. If any discrepancy is found the applicant is given 30 days
time to remove the same. Therefore, it may take 2 to 3 months time
for registration of any work in the normal course. The cooperation of
the applicant in providing necessary information is the key for speedy
disposal the matter.
How long I have to wait to get my work to get
registered by the Copyright office?
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Terms of Copyright
• Literary
• dramatic,
• musical and
• artistic works
• photographs
 Lifetime + 60 years from the
beginning of the calendar year next following
the year in which the author dies.
Example: if Author dies in say 2nd Nov,
1979. So, duration of protection of 60
years period will be from 1st Jan, 1980
to 31st Dec, 2040.
Also, in case of joint author, year
count for this process will depend
upon the author who dies last.
Example: Author X and Y are co-author
of a work. Author X dies on 4th April
1988 and Y dies on 26th August 1991.
So duration of protection of sixty
years period will start from 1st Jan,
1992.
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• Anonymous and
pseudonymous works
• Posthumous work
• Cinematograph films
• Computer Programs
• Sound records
• Government work
• Public undertakings
• International Agencies
 60Years
period is counted from the
date of first publication
 Period starts from the
beginning of next year,
following the year in which
film was first published.
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 Performer’s Right
 Broadcaster’s Right
 25Years
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21-12-2015
Programme 44
SCHOLARLY COMMUNICATION &
COPYRIGHT

Copying-Qualitative or Quantitative ?
Copying
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What is Fair Use ?
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Determination of Fair Use
 Four Factor Analysis>>>
 P (Purpose)
 N (Nature)
 A (Amount)
 M (Marketing)
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Plagiarism
 Plagiarism is the "wrongful
appropriation" and "stealing and
publication" of another author's
"language, thoughts, ideas, or
expressions" and the representation of
them as one's own original work
 publication: the presentation of
another person's material, work, or
idea.
 content: the presentation of another
person's material, work, or idea.
 appropriation: the presentation of
another person's material, work, or
idea as one's own.
 lack of credit given: the presentation
of another person's material, work, or
idea as his or her own
 Source:Clarke R /Plagiarism by
Academics Journal of the Association for
Information Systems Vol. 7 No. 2, pp. 91-
121/February 2006
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Copyright Infringement
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Creative Commons (CC)
 It’s free, easy-to-use copyright licenses
provide a simple, standardized way to give
the public permission to share and use
your creative work — on conditions of your
choice. CC licenses let one easily change
the copyright terms from the default of
“all rights reserved” to “some rights
reserved.”
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CC Licenses
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Creative Commons
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Public Domain
 Works in the public domain are
those whose intellectual
property rights have expired,
have been forfeited, or are
inapplicable.
 Examples include the works of
Gurudev Rabindranath Tagore,
Shakespeare and Beethoven,
most of the early silent films,
the formulae of Newtonian
physics, and the patents on
powered flight.
 In informal usage, the public
domain consists of works that
are publicly available
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Counterfeiting & Piracy
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Contd...
 ‘Counterfeiting’
(selling works made
to resemble a
genuine copy, as by
replicating the label,
the packaging, or
the recording itself
 ‘Piracy' refers to the
activity of
manufacturing
unauthorized copies
(‘pirate copies’) of
protected material
and dealing with
such copies by way
of distribution and
sale.
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Digitization has made the piracy much easier
Easy reproduction
Very less cost of reproduction
Inexpensive dissemination of digital content
The most important aspect of digital content is that access to
the content is synonymous with control of the content which
added with the low cost of content reproduction and
dissemination causes virtual loss of ownership in terms of the
content’s economic value. This is a major problem for the
content owners and content industries.
Digital Piracy
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DRM & DOI
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Various Components of DRM
Content Provider Distributor
Consumer
Clearing House
Royalty
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Digital Object Identifier (DOI)
 A digital object identifier is a unique number
that can be used to identify any type or
portion of content. DOI numbers perform for
long term (persistent) and locatable
(actionable) identification information for
specific content or elements of content. The
DOI system is managed by the International
DOI foundation (IDF) that was established in
1998.
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DOI Components
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BitTorrent & Copyright
 BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute
large amounts of data over
the Internet.
 Use of BitTorrent to
procure illegal materials
could potentially create
liability for end users as an
accomplice.
 BitTorrent to upload your
homemade movie that you want
to share with the world, your use
of BitTorrent is likely legal.
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Before using YouTube
 YouTube strictly
maintains ‘fair use ‘
principle
 It also adheres to CC
licences
 Check Copyright
Protection inYouTube
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THANK YOU FOR YOUR PATIENCE
“Don't copy,
get inspired”
― Bangambiki Habyarimana, The Great Pearl of Wisdom

Demystifying ………..Copyright…

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