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- 2. WHAT IS COPYRIGHT??? •It is a legal term used to describe the rights that creators have over their literary and artistic works. • As a creator has right to enjoy financial and other benefits associated as per the law over the creation.
- 3. WHAT CAN BEPROTECTED??? reference works, • Literary work – novels, poems, plays, newspaper, articles. • Computer programs. • Films, musical composition, choreography. • Artistic works – paintings, drawing, photographs and sculpture. • Architecture. • Advertisements, maps and technical drawing.
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- 5. WHOSE RIGHTS AREPROTECTED??? • It protects the right of the author. (Creator of intellectual property) • He/she also called the first owner of copyright. • In case of employment – employer is the first owner of these rights.
- 6. WORK CREATOR OFTHE WORK Literary or dramatic work Author Musical work Composer Cinematograph Producer Sound Recording Producer Photograph Photographer
- 7. WHY COPYRIGHT??? Favor: •Rewards creative efforts. • Protects the interest of the creator. Against: • It protects the corporate interest only. • Criminalizing legitimate use.
- 8. WORLD’S FIRST COPYRIGHTLAW • Statue of Anne. • UK in 1710.
- 9. FIRST COPYRIGHT INUS • June 9th, 1790 – John Barry in US. • Philadelphia Spelling Book. • US district of Philadelphia.
- 10. COPYRIGHT • No single“international copyright” for whole world. • The Copyright Act of each country is compliant with most international conventions and treaties. • In India, the Copyright Act, 1957 is compliant with these international conventions and treaties. 1. Berne convention of 1886. 2. Universal Copyright Convention of 1951. 3. Agreement on TRIPS.
- 11. INDIAN COPYRIGHT ACT,1957 • First right in India in 1914. • Now, Indian Copyright Act, 1957; w.e.f. 1958. • Further amendments in 1983, 1984, 1992, 1994, 1999. • Adopted many English provisions, introduced new ideas and concepts. • Created Copyright Office and Copyright board. • Introduced civil and criminal remedies against infringement.
- 12. INDIAN PERSPECTIVE ON COPYRIGHT •The Copyright Act, 1957 confers copyright protection in the following forms; 1. Statutory Rights 2. Economic Rights 3. Moral Rights
- 13. STATUTORY RIGHT • Itprovides an exclusive legal or statutory right to the original author on his creation of work. • It imposes a ‘negative duty’ on others that prohibits from using or getting benefit from the work without the consent of the author.
- 14. ECONOMIC RIGHT • Itprovides author to enjoy the financial benefits. • The creator can earn royalty by assigning rights to others either fully or partially. • As per the international conventions, generally every national copyright statue provides following exclusive rights to the copyright holder.
- 15. ECONOMIC RIGHTS • Adaptionrights. • Distribution rights. • Public performance rights. • Public display of works rights. • Rental rights. • Reproduction rights. • Translation rights.
- 16. MORAL RIGHT • Itprotects non-economical interests of the author. • Copyright law always protects the creator even after the assignment of copyright work to others either fully or partially. • Moral rights grant an author the right to have his name kept on the work forever and protects from any distortion or modification of the work, or other offensive action in relation to the work, which would be damaging to the author’s reputation.
- 17. TERM • Copyright doesn’trequire any kind of registration for its protection. Once the work created in tangible form, an author automatically gets the copyright on his creation. • Copyright term in respect to published literary, dramatic, musical and artistic works is lifetime of the author plus 60 years from the death of the author.
- 18. TERM • Multiple author– 60 years from the death of last author. • Anonymous and pseudonymous works – 60 years from date of publication. • Photographs, cinematograph films and sound recordings – 60 years from date of publication. • Works of applied art and photographic works – minimum term is 25 years from the creation of such a work.
- 19. CAN I REGISTERCOPYRIGHT??? • In the majority of countries, and according to the Berne Convention, copyright protection is obtained automatically without the need for registration or other formalities. • Most countries nonetheless have a system in place to allow for the voluntary registration of work. • Such voluntary registration systems can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales and the assignment and/or transfer of rights.
- 20. REGISTRATION • Berne Convention– Registration is not needed. • Acquisition of copyright is automatic with the creation of the work. • Registration as prime fact evidence.
- 22. SYMBOL • The useof “©” symbol. • Anyone who claims copyright can use it. • Not necessary to have a registration to use the designations. • Highly advisable to incorporate a copyright notice. • E.g: Copyright© 2009 Microsoft Corporation.
- 23. ASSIGNMENT • The ownerof the copyright may assign to any person the copyright either wholly or partially. • Duration, in case of default – 5 years. • The moral rights are independent of the author’s copyright and remains with him even after assignment of the copyright.
- 24. COUNTERFEITING OF COPYRIGHT COUNTERFEITING MARK COUNTERFEITINGPRODUCTS INFRINGEMENT MIXED INFRINGEMENT OF COPYRIGHT
- 25. INFRINGEMENT OF COPYRIGHT •Performing publicly without any consent of the owner. • Using copyrighted work for any kind of business which brings financial benefit. • Distributing for the purpose of trade or import.
- 26. • Reproduction ofsubstantial part of copyrighted work in any material form. without any • Circulating among the unauthorized persons. • Adoption or translation of copyright work permission. • Resale or renting of copyrighted material to other.
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- 28. CIVIL REMEDIES • Injunction. •Damages. • Accounts. • Delivery of infringing copy. • Damages for conversion. • Jurisdiction is District Court.
- 29. CRIMINAL REMEDIES • Imprisonment– 6 months to 3 years. • Fine – 50,000 to 2,00,000 INR. • Seizure of infringing copies.
- 30. ADMINISTRATIVE REMEDIES • Registrarand Copyright Board has the power to take action. • Ban the import of infringement copies and delivery of the confiscated infringing copies to the owner. • Max. time taken to raise complaint – 3 years from the date of infringement.
- 31. LIMITATIONS AND EXCEPTIONS •Educational purpose. • For criticism. • Comment or review. • Journal reporting. • Judicial proceedings. • Research. • The user is exempt from seeking permission of the copyright owner or creator.
- 32. Copyright V/S TrademarkV/S Patent Copyright Trademark Patent Automatically granted to the author of their original, creative or intellectual work. Brand element – distinguishes your goods and services from those of your competitors and other traders. Obtaining protection for new inventions that are new, original and useful. Work: Books, lectures, dramatic and musical work, cinematography, drawings, paintings, architecture, sculpture, photographs, maps, plans etc… Mark: Word mark, logo or slogan, shapes and unconventional marks (Color, Sound, Gesture, Animation, Holograms). Work: Novel or original has an inventive step and has some industrial application.
- 33. Copyright Trademark Patent Right:To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease or lending. Right: To use the mark and prevent anyone from using it without permission. Right to license, assign and sell the mark in return of some compensation. Right: Exclusive authority over the patented invention, right to exclude others and exploit the patent and earn from it. Registration is not mandatory. Applied separately in every country. Separate patent required to be filled. Validity: Lifetime of the author and 60 years after author death. Owner has protection in most countries. Validity: 10 years. Renewed every 10 years. Validity: 20 years later goes to public domain. It is territorial right – effective only within the territory.