Copyright aims to protect authors' creations by providing economic and moral rights over their works. Works covered include literary works, films, music, art, photographs and computer programs. Copyright protection applies automatically when a work is created and covers the expression of ideas, not the ideas themselves. Rights provided include reproduction, distribution, public performance, broadcasting, translation and adaptation. Ownership and specific rights can be transferred through contracts. International agreements like the Berne Convention help enforce copyright protections across borders.

1. Copyright

2. What is copyright? Copyright aims at providing protection to authors (writers, artists, music composers, etc.) on their creations. Such creations are usually designated as “works”.

3. What is covered by copyright? Works covered by copyright include, but are not limited to, literary works: such as novels, poems and plays; reference works such as encyclopedias Dictionaries; databases; newspaper articles; films and TV programs; musical compositions; choreography; artistic works such as paintings, drawings, photographs and sculptures; architecture; and advertisements, maps and technical drawings. Copyright also protects computer programs.

4. What is covered by copyright? Copyright does not however extend to ideas, but only to the expression of thoughts. For example, the idea of taking a picture of a sunset is not protected by copyright. Therefore, anyone may take such a picture. But a particular picture of a sunset taken by a photographer may be protected by copyright. In such a case, if someone else makes copies of the photograph, and starts selling them without the consent of the photographer, that person would be violating the photographer’s rights.

5. Formalities to be protected Copyright protection is obtained automatically without any need for registration or other formalities. A work enjoys protection by copyright as soon as it is created. However, many countries provide for a national system of optional registration and deposit of works. These systems facilitate, for example, questions involving disputes over ownership or creation, financing transactions, sales, assignments and transfers of rights.

6. Rights provided by copyright There are two types of rights under copyright: Economic rights, which allow the owner to derive financial reward from the use and exploitation of the work; (b) Moral rights, which highlight the personal link existing between the author and the work.

7. Economic rights covered by copyright Creators can also authorize or prohibit the following acts- in relation to a work: - reproduction in various forms, for example in a printed publication or by recording the work in cassettes, compact disks or videodiscs, or by storing it in computer memories; - distribution, for example through sale to the public of copies of the work; - public performance, for example by performing music during a concert, or a play on stage; - broadcasting and communication to the public , by radio or T.V, cable or satellite; - translation into other languages; - adaptation, for example by converting a novel or a play into a screenplay for a film;

8. Berne Convention (1886), Article 2 "The expression 'literary and artistic works' shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works, to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science. [.....] Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work. [.....] Collections of literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections."

10. Multimedia ProductionsBerne Convention list is not exhaustive

11. Derivative works? These are works that are derived from existing sources. Examples of derivative works include: - translations of works into a different language; - adaptations of works, such as making a film scenario based on a novel; - arrangements of music, such as an orchestra version of a musical composition initially written for piano; - other alterations of works, for example an abridgement of a novel; - compilations of literary and artistic works, such as encyclopediasand anthologies. In such a case, the originality resides in the choice and arrangement of the materials.

12. Copyright right of reproduction printing of books, phonograms storage of works in computer memories and of course the copying of computer programs on diskettes, CD-ROMS, CD- writeable ROMS and so on right of performance – song, drama, play movie right of broadcasting right of communication

13. common law tradition: Originality is respected civil law tradition: work must bear the stamp of the author's personality Copyright Protection

14. Rights of Public Performance, Broadcasting andCommunication to the Public public performance is considered as any performance of a work at a place where the public is or can be present, or at a place not open to the public, but where a substantial number of persons outside the normal circle of a family and its closest social acquaintances is present. The right of broadcasting covers the emission by wireless means for members of the public within range of the signal, whose equipment allows reception of sounds or of images and sounds, whether by radio, television, or satellite.

15. When a work is communicated to the public, a signal is diffused by wire or cable, which can be received only by persons who have access to equipment connected to the wire or cable system. Rights of Public Performance, Broadcasting andCommunication to the Public

16. (1) the 'literary and artistic works' protected by copyright (2) the rights granted to the owner of copyright (3) State of Piracy in Pakistan (4) the ownership and transfer of copyright; (5) the duration of protection; (6) the limitations on rights; (7) the enforcement of rights, and (8) international agreements concerning copyright. Lecture 2 Cont’d Agenda

18. The situation of book piracy in Pakistan rated one of the worst in the world Source: British Deputy High Commissioner

19. Intellectual property rights protection issues remained among the top investment climate barriers to FDI in Pakistan FIAS (Foreign Investment Advisory Services - World Bank)

20. Government perceived to be doing nothing for improving IP situation in Pakistan Source: Trading Partners16 Pakistan’s IP Image

21. Pakistan - one of the world’s worst pirate optical disc producers / exporters. Alleged Production 2003 180 Million Discs 2004 230 Million Discs Alleged Smuggling Out (2004) 205 Million Discs Serious Injury to 40 Trading Partner Countries. Increase in Import of Optical Grade Polycarbonate (Used in CD Manufacturing): 2003-2004 ---- >30% Source: USTR Special 301 Report, 2005 17 IP Environment: Piracy Situation

22. In 2002 Piracy losses to US industry amounted to USD $127 Mil Pakistan placed on 301 Watch List by US Can lead to with-drawl of its trade benefits or imposition of duties on goods. Pakistan IP piracy impact

23. 19 International Perception

24. 20 Counterfeiting

25. 21 Counterfeiting

26. 22 Police Seize Counterfeit Products Source: “Pledge” ACIF’s Quarterly Newsletter

27. 23 Effective Enforcement Action Pakistan Customs destroy CDs & DVDs Source: Willem Van Adrichem, IFPI Enforcement.

28. 24 Pakistan Customs Seize Pirated CDs

29. 25

30. 26 Police Seize Counterfeit Products Source: “Pledge” ACIF’s Quarterly Newsletter

31. 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 to create another work, Adapting a novel to make a motion picture, Modification of a work to make it suitable for different conditions of exploitation Rights of Translation and Adaptation

32. Economic rights can be transferred or assigned to other owners usually for a sum of money or royalties depending on the proposed usage of the work Moral rights or right of respect , can never be transferred: Right of authorship, each creation carry author name Right to object to the work being distorted or used in contexts that are prejudicial to the honor and literary and artistic reputation of the author Benefits from Copyrights

33. Protection by Law Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886. Berne Convention works on the principle of there being no formalities. Basically, every work is protected by the fact of its creation. In December of 1996, a Diplomatic Conference was held, which concluded the newest international agreement protecting copyright: the WIPO Copyright Treaty (WCT). TRIPS Agreement. This is the Agreement on Trade- Related Aspects of Intellectual Property Rights, which is one of the Agreements that emerged from the Uruguay Round of trade negotiations and is administered by the World Trade Organization

34. Transfer of Copy Right Transfer of copy right on contractual arrangements Partial Transfer is the right of creator: transfer rights to publish and reproduce the novel to one publisher translate the novel into, say, French, Russian and Arabic to three other publishers right to adapt novel into a film (or an opera or a play) to other persons Right can be limited to specific period/territory

35. In some countries works are excluded from protection if they are not fixed (listed) in tangible form Free uses; quotations, illustration for teaching purposes, news reporting Non-voluntary licenses, under which the acts of exploitation may be carried out without authorization, but with the obligation to compensate the owner of rights Limitations on Rights

36. Berne Convention contains few provisions concerning enforcement of rights Technological Advances and Economic Interest has led to TRIPS Agreement, which contains detailed provisions on the enforcement of rights: Conservatory or provisional measures toprevent infringements from occurring to preserve relevant evidence in regard to an alleged infringement Enforcement of Rights

37. Enforcement of Rights Civil remedies Criminal sanctions served by orders for the seizure, forfeiture and destruction of infringing goods Measures to be taken at the border measures, remedies and sanctions against abuses in respect of technical means "copy protection“ or "copy-management" systems

38. Enforcement of Rights Suppose you have become a pre-eminent artist by virtue of an internationally acclaimed piece of art known as a tribute to the conservation of nature and later you find that it is being used, in a denigrating fashion without your permission, by a political group generally supporting genetically modified organisms. What could you do?

40. IPO Headquarters Islamabad

41. Patent and Design Office

42. Trade Marks Registry Karachi

43. Copyright Registry

44. IPO Regional OfficeLahore

45. IPO Regional Office (Proposed) Peshawar

46. IPO Regional Office (Proposed)Quetta

47. International

48. WIPO Specialized Agency

50. FIA(Production Control) [Dismantling the Strongholds]

51. Customs (Border Control) [Eliminating Exports]

52. Judiciary(Litigation Management) [Changing the Mindset]

53. Private Sector (Investigation Agencies)