Essay On Intellectual Property Copyrights
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![Essay on intellectual property copyrights
Arka Bani Maini (10020510 )
Mid term paper on IPR : Copyrights
Intellectual Property
Intellectual Property refers to all the intangible creations of the human mind, from scientific inventions to literary and artistic works; from symbols to
names and images used in commerce. Earlier, Neo classical economics considered land, labour and capital as things of value. But slowly information and
energy are replacing them as wealth creating assets.[1]As , the world gets more and more mobile , information can be transported instantaneously around
the world , and any advantage gained by a rival company can be discarded effectively overnight. In such a scenario, a major challenge for companies
would be to provide a blanket of protection for...show more content...
Some of the important amendments to the Copyright Act in 2012 are[4]
1. extension of copyright protection in the digital environment such as penalties for circumvention of technological protection measures and rights
management information, and liability of internet service provider and introduction of statutory licences for cover versions and broadcasting organizations
2. ensuring right to receive royalties for authors, and music composers, exclusive economic and moral rights to performers, equal membership rights in
copyright societies for authors and other right owners and exception of copyrights for physically disabled to access any works.
In the Copyright law of India , "Indian Work" means a literary, dramatic or musical work by an author who is a citizen of India , or which was first
published in India ,or in case of an unpublished work , an author who at the time of creation , was a citizen of India. The total term of protection for
literary work is the author's life plus sixty years. For cinematographic films, records, photographs, posthumous publications, anonymous publication, works
of government and international agencies the term is 60 years
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Copyright And Intellectual Property Are Still Valid
The Copyright Term Extension Act of 1998 extended copyright terms in the United States. It extended the term of individual authorship to life of the author plus 70 years, and for corporate works to 120 years from creation or 95 years from publication, whichever is earlier. This extended previous terms from the 1976 act. The act is nicknamed the "Mickey Mouse Protection Act" as Disney lobbied for the extension to prevent Mickey Mouse works from entering the public domain. Critics argue it unduly extends monopoly rights, while supporters say it provides incentives for creation by allowing longer commercial exploitation of copyrighted works.
Ownership And Infringement Of Copyrights
Copyright law in the US gives creators exclusive rights over their original works. This includes the rights to reproduce, distribute, and publicly perform or display copyrighted works. The US Constitution grants Congress the power to enact copyright laws. The current Copyright Act of 1976 protects original works of authorship like literary works, music, art, films and software. It provides copyright protection automatically upon the work's creation and fixation in a tangible form. Infringement occurs when someone violates one of the copyright holder's exclusive rights without permission. Penalties for infringement include injunctions, damages and criminal prosecution in some cases.
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- The Copyright Act of 1957 established copyright law in India and has been amended several times, including in 2012 to address digital issues and comply with international agreements.
- Copyright in India protects original literary, dramatic, musical, artistic works as well as films, sound recordings, and more. Protection lasts for the lifetime of the author plus 60 years.
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The document defines copyright and intellectual property rights. It discusses that copyright is an exclusive right to copy certain intellectual works. It outlines the World Intellectual Property Organization which promotes copyright protection globally through key conventions. The document also defines the different types of intellectual property rights like patents, trademarks, industrial designs, and copyright. It discusses what copyright covers, when protection begins, exceptions, infringement, and the role of copyright in libraries.
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The Copyright Term Extension Act of 1998 extended copyright terms in the United States. It extended the term of individual authorship to life of the author plus 70 years, and for corporate works to 120 years from creation or 95 years from publication, whichever is earlier. This extended previous terms from the 1976 act. The act is nicknamed the "Mickey Mouse Protection Act" as Disney lobbied for the extension to prevent Mickey Mouse works from entering the public domain. Critics argue it unduly extends monopoly rights, while supporters say it provides incentives for creation by allowing longer commercial exploitation of copyrighted works.
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Copyright law in the US gives creators exclusive rights over their original works. This includes the rights to reproduce, distribute, and publicly perform or display copyrighted works. The US Constitution grants Congress the power to enact copyright laws. The current Copyright Act of 1976 protects original works of authorship like literary works, music, art, films and software. It provides copyright protection automatically upon the work's creation and fixation in a tangible form. Infringement occurs when someone violates one of the copyright holder's exclusive rights without permission. Penalties for infringement include injunctions, damages and criminal prosecution in some cases.
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This document discusses copyright law in India. It provides background on the origins and evolution of copyright law. Some key points:
- Copyright emerged with the invention of printing to protect literary works from unauthorized duplication. Early systems involved royal privileges and statutes like the Statute of Anne in 1709.
- The Copyright Act of 1957 established copyright law in India and has been amended several times, including in 2012 to address digital issues and comply with international agreements.
- Copyright in India protects original literary, dramatic, musical, artistic works as well as films, sound recordings, and more. Protection lasts for the lifetime of the author plus 60 years.
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The document defines copyright and intellectual property rights. It discusses that copyright is an exclusive right to copy certain intellectual works. It outlines the World Intellectual Property Organization which promotes copyright protection globally through key conventions. The document also defines the different types of intellectual property rights like patents, trademarks, industrial designs, and copyright. It discusses what copyright covers, when protection begins, exceptions, infringement, and the role of copyright in libraries.
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This document summarizes a journal article about moral rights infringement related to online book publicity under civil law systems. It discusses how emerging information technologies have impacted intellectual property rights, including increasing ease of copyright infringement for e-books. Specifically, it examines issues of illegal translation and online publicity of books without permission, which can harm the economic and moral rights of authors. Moral rights allow authors to protect the integrity of their works and use of their name. The document provides background on copyright law and author rights, including both economic rights that enable authors to financially benefit from their works, as well as moral rights to decide how their works are used and attributed.
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Intellectual property refers to creations of the mind such as inventions, artistic works, and symbols used in commerce, and can be protected by copyright, which grants creators exclusive rights over the reproduction and distribution of their original works; copyright applies to digital media like websites and online content as it does to physical works; penalties for copyright infringement range from fines to imprisonment depending on the scale of the offense.
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The document discusses intellectual property, intellectual property rights, and common types of intellectual property rights. It defines intellectual property as creations of the mind such as inventions, literary works, designs, symbols and names. Intellectual property rights give the owner the right to control how their intellectual property is exchanged, shared and distributed. Common types of intellectual property rights discussed are patents, trademarks, copyright, and geographical indications. The document also discusses plagiarism, digital property rights, and threats and protections related to digital properties.
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This document provides an overview of intellectual property and defines key concepts. It discusses how intellectual property law aims to protect creations of the mind by granting time-limited rights over intellectual goods and services. Intellectual property is traditionally divided into industrial property and copyright. Industrial property includes inventions, industrial designs, trademarks, and protections against unfair competition. Copyright deals with literary, artistic, and scientific works. The document also notes some intellectual properties, like trademarks and geographic indications, may not require intellectual activity to create.
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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 âsubstantialâ 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 lyricistâs 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.
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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.
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Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
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1.
for the purpose of research or private study,
2.
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3.
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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
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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
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TYBSC IT SEM 6 IPR/CL
Intellectual Property: Introduction, Protection of Intellectual Property Copyright, Related Rights, Patents, Industrial Designs, Trademark, Unfair Competition
Information Technology Related Intellectual Property Rights Computer Software and Intellectual Property-Objective, Copyright Protection, Reproducing, Defences, Patent Protection. Database and Data Protection-Objective, Need for Protection, UK Data Protection Act, 1998, US Safe Harbor Principle, Enforcement. Protection of Semi-conductor Chips-Objectives Justification of protection, Criteria, Subject-matter of Protection, WIPO Treaty, TRIPs, SCPA. Domain Name Protection-Objectives, domain name and Intellectual Property, Registration of domain names, disputes under Intellectual Property Rights, Jurisdictional Issues, and International Perspective.
Patents (Ownership and Enforcement of Intellectual Property) Patents-Objectives, Rights, Assignments, Defences in case of Infringement Copyright-Objectives, Rights, Transfer of Copyright, work of employment Infringement, Defences for infringement Trademarks-Objectives, Rights, Protection of good will, Infringement, Passing off, Defences. Designs-Objectives, Rights, Assignments, Infringements, Defences of Design Infringement
Enforcement of Intellectual Property Rights - Civil Remedies, Criminal Remedies, Border Security measures. Practical Aspects of Licencing â Benefits, Determinative factors, important clauses, licensing clauses.
Cyber Law: Basic Concepts of Technology and Law : Understanding the Technology of Internet, Scope of Cyber Laws, Cyber Jurisprudence Law of Digital Contracts : The Essence of Digital Contracts, The System of Digital Signatures, The Role and Function of Certifying Authorities, The Science of Cryptography Intellectual Property Issues in Cyber Space: Domain Names and Related issues, Copyright in the Digital Media, Patents in the Cyber World. Rights of Netizens and E-Governance : Privacy and Freedom Issues in the Cyber World, E-Governance, Cyber Crimes and Cyber Laws
Information Technology Act 2000 : Information Technology Act-2000-1 (Sec 1 to 13), Information Technology Act-2000-2 (Sec 14 to 42 and Certifying authority Rules), Information Technology Act-2000-3 (Sec 43 to 45 and Sec 65 to 78), Information Technology Act-2000-4(Sec 46 to Sec 64 and CRAT Rules), Information Technology Act-2000-5 (Sec 79 to 90), Information Technology Act-2000-6 ( Sec 91-94) Amendments in 2008.
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