This document provides addresses and contact information for the company Altacit in various cities across India. It then discusses moral rights in copyright, which refer to the natural rights of creators over their works, including the rights of attribution, integrity, and to not have works falsely attributed to them. Moral rights are intended to protect the creator's honor and reputation in relation to their creations.
This document provides information about performers' rights under Indian copyright law. It discusses how the Copyright Act of 1957 was amended in 1994 to recognize performers' rights by introducing Section 38, granting performers exclusive rights over their performances. A performer is defined as anyone who makes a performance, including actors, singers, musicians, etc. The rights granted to performers include making sound/visual recordings of their performance and broadcasting or communicating the performance to the public. Performers' rights last for 50 years from the calendar year after the performance. Certain acts like private use and fair use do not constitute infringement of a performer's rights.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The document provides an introduction to copyright law in India, including:
1) Copyright law in India is similar to laws in England and Wales, with the first Indian Copyright Act passed in 1914 based on English provisions.
2) The Copyright Act of 1957 is the main law which introduced civil and criminal remedies and established the Copyright Office and Board.
3) There is ongoing debate around copyrighting DNA sequences, with arguments on both sides as to whether DNA constitutes an original literary work.
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
Copyright societies are organizations that collect royalty payments from individuals and groups for copyright holders. They have the authority to license works and collect royalties. In India, key copyright societies include SCRIPT for films, IPRS for music, PPL for sound recordings, and IRRO for reprographic works. They are registered with the Registrar of Copyrights and handle functions like licensing works, monitoring use, collecting revenues, and distributing royalties to members. Copyright societies accept exclusive authorization from owners to administer rights and enter agreements with foreign societies. They must establish tariff and distribution schemes subject to owner approval.
The document discusses intellectual property rights (IPR) and provides an overview of the topic. It begins with an introduction to IPR and then describes the various branches of IPR including patents, copyrights, trademarks, designs, geographical indications, traditional knowledge, and trade secrets. For each area, it provides details on the applicable acts/laws, requirements for protection, and some landmark court cases. It also discusses international agreements like TRIPS and the Patent Cooperation Treaty. The presentation aims to cover the key aspects of IPR for the audience.
Copyright is a form of protection granted by law to authors of original creative works. It gives the author exclusive rights over reproduction, distribution, public performance, public display, and creation of derivative works. Copyright protection applies automatically when a work is created and fixed in a tangible form. It covers both published and unpublished works including literary, dramatic, musical, artistic works. Not all creative works are subject to copyright protection which does not extend to facts, ideas, or systems. Copyright's purpose is to promote innovation and creativity by providing incentives for creators while allowing limited use of copyrighted works under exceptions like fair use.
Nature and scope of protection of copyrightVikash Kumar
This document discusses the nature and scope of copyright protection. It defines copyright as a bundle of intangible rights granted to creators of certain artistic works for a limited time, allowing them exclusive control over copying and distribution. Copyright protects original works of authorship and generally lasts 60 years after the creator's death. It does not protect facts, ideas or systems. The scope of protection includes rights to copy, derive works, distribute, perform and display the work publicly. There are limitations like fair use and works in the public domain are not protected.
This document provides information about performers' rights under Indian copyright law. It discusses how the Copyright Act of 1957 was amended in 1994 to recognize performers' rights by introducing Section 38, granting performers exclusive rights over their performances. A performer is defined as anyone who makes a performance, including actors, singers, musicians, etc. The rights granted to performers include making sound/visual recordings of their performance and broadcasting or communicating the performance to the public. Performers' rights last for 50 years from the calendar year after the performance. Certain acts like private use and fair use do not constitute infringement of a performer's rights.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The document provides an introduction to copyright law in India, including:
1) Copyright law in India is similar to laws in England and Wales, with the first Indian Copyright Act passed in 1914 based on English provisions.
2) The Copyright Act of 1957 is the main law which introduced civil and criminal remedies and established the Copyright Office and Board.
3) There is ongoing debate around copyrighting DNA sequences, with arguments on both sides as to whether DNA constitutes an original literary work.
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
Copyright societies are organizations that collect royalty payments from individuals and groups for copyright holders. They have the authority to license works and collect royalties. In India, key copyright societies include SCRIPT for films, IPRS for music, PPL for sound recordings, and IRRO for reprographic works. They are registered with the Registrar of Copyrights and handle functions like licensing works, monitoring use, collecting revenues, and distributing royalties to members. Copyright societies accept exclusive authorization from owners to administer rights and enter agreements with foreign societies. They must establish tariff and distribution schemes subject to owner approval.
The document discusses intellectual property rights (IPR) and provides an overview of the topic. It begins with an introduction to IPR and then describes the various branches of IPR including patents, copyrights, trademarks, designs, geographical indications, traditional knowledge, and trade secrets. For each area, it provides details on the applicable acts/laws, requirements for protection, and some landmark court cases. It also discusses international agreements like TRIPS and the Patent Cooperation Treaty. The presentation aims to cover the key aspects of IPR for the audience.
Copyright is a form of protection granted by law to authors of original creative works. It gives the author exclusive rights over reproduction, distribution, public performance, public display, and creation of derivative works. Copyright protection applies automatically when a work is created and fixed in a tangible form. It covers both published and unpublished works including literary, dramatic, musical, artistic works. Not all creative works are subject to copyright protection which does not extend to facts, ideas, or systems. Copyright's purpose is to promote innovation and creativity by providing incentives for creators while allowing limited use of copyrighted works under exceptions like fair use.
Nature and scope of protection of copyrightVikash Kumar
This document discusses the nature and scope of copyright protection. It defines copyright as a bundle of intangible rights granted to creators of certain artistic works for a limited time, allowing them exclusive control over copying and distribution. Copyright protects original works of authorship and generally lasts 60 years after the creator's death. It does not protect facts, ideas or systems. The scope of protection includes rights to copy, derive works, distribute, perform and display the work publicly. There are limitations like fair use and works in the public domain are not protected.
This document provides an overview of copyright as an intellectual property right under the TRIPS agreement. It discusses the history of copyright law in India, key concepts like copyright, related rights, infringement and remedies. It compares differences between Indian and Brazilian copyright law and covers topics like copyleft, statistical data, and case studies on copyright infringement cases in India.
The document discusses key aspects of copyright law in India, including what constitutes copyright, subject matter covered, introduction and history of copyright acts in India, rights of copyright holders, term of copyright, registration process, remedies for infringement, and roles of the Copyright Office and Copyright Board. It provides definitions for literary works, artistic works, sound recordings and more. The copyright act aims to encourage creation by protecting author's rights and preventing misuse of copyrights.
Current status of patenting genes and microorganisms in indiaSenthil Natesan
This document provides an overview of the current status of patenting genes and microorganisms in India. It discusses that genes and microorganisms can be patented under certain criteria according to TRIPS. It notes that India has patented several microorganisms and genes. The document also outlines the patenting process and requirements in India for biological materials, as well as non-patentable subject matter in biotechnology.
- Broadcasting is the distribution of audio and video content to a dispersed audience via any audiovisual medium like radio, television, cable, satellite etc.
- There are different types of broadcasting including telephone, radio, television, cable, satellite and webcasting.
- Broadcasts can be live or recorded. Recorded broadcasts allow for corrections and editing while live broadcasts like sports can include replays.
- Broadcasts are distributed through physical media or networks. Radio networks helped establish radio as a national medium in the US.
- The rights to broadcast and telecast are protected under Article 19(1) of the Indian Constitution as freedom of speech and expression. The Copyright Act of 1957 also protects broadcast reproduction rights. However
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
The document provides information on non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. It lists 15 categories of non-patentable inventions, including inventions that are frivolous, contrary to natural laws, injurious to public health, mere discoveries of scientific principles, and methods of agriculture/horticulture. The summary also includes examples for some of the categories.
Copyright protects original creative works such as literature, music, films, and artwork. It gives the creator exclusive rights over the use of their work, including reproduction and adaptation. Copyright applies to works fixed in a tangible form of expression. The key rights include reproduction, adaptation, publication, performance, and translation. India's copyright law aims to balance the rights of creators with public interests like access and fair use through exceptions like fair dealing.
This document provides contact details for various offices of a company located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on copyright societies in India, including that they are collective administrative organizations that issue licenses and collect royalties on behalf of their members. Copyright societies are registered under Section 33 of the Copyright Act of 1957 and can only administer one class of work. They must obtain approval from members on collection/distribution procedures and use of collected fees. Tariff schemes must be published and can be appealed. Meetings include annual and special general body meetings.
Copyright law protects original creative works by giving authors ownership over their works and the exclusive right to copy, distribute, perform, display, and create derivative works from them. This document discusses how copyright is granted automatically when a work is created and fixed in a tangible form, covers both published and unpublished works, and protects literary, dramatic, musical and artistic creations but not ideas, facts or methods. It also outlines exceptions like fair use and discusses a case where musician Jamelia sued and won against someone who copied and sold her album without permission.
Copyright law protects original creative works such as literature, art, music, films, and software. It grants creators exclusive rights over their work, usually for a limited time, including rights to copy, distribute, adapt, and financially profit from the work. Fair use allows limited use of copyrighted works for purposes like criticism, commentary, news reporting, teaching, and research. Infringing on a copyright can result in fines of up to $150,000 per work. Works enter the public domain when copyright expires or if created by the US government. To register a copyright, submit an application, fee, and copies of the work to the US Copyright Office.
This document provides an overview of copyright law in India. It defines copyright and outlines the types of works protected, including literary works, musical works, artistic works, films, and sound recordings. It describes authorship and ownership, the various rights afforded to copyright holders (reproduction, distribution, public performance, etc.), and exceptions like fair use. It also covers the term of copyright, registration and enforcement, including civil and criminal penalties for infringement.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
The document discusses the relationship between competition laws and intellectual property rights (IPRs) in India. It provides context on the objectives of competition laws such as preventing anti-competitive practices and abuse of dominant positions. It then discusses the nature and intent of IPRs, noting they provide exclusive rights but are exceptions to free competition rules. The document outlines how competition laws can apply to IPRs to prevent extension of monopoly power beyond the scope of protection. It analyzes relevant sections of the Competition Act relating to anti-competitive agreements and treatment of IPRs.
The document summarizes key aspects of copyright law in India according to the Copyright Act of 1957. It defines copyright as exclusive rights granted to creators of original works, including rights of reproduction, communication to the public, and adaptation. Copyright protects literary, dramatic, musical, artistic works as well as films and sound recordings. The rights include reproduction, distribution, public performance, and translation of works. Registration with the Copyright Office is not required but serves as evidence in court. Copyright generally lasts for 60 years after the creator's death. Common infringements include unauthorized copying, distribution, and importation of copyrighted works. Certain exemptions apply such as for research, teaching, and criticism.
This document contains contact information for various Altacit office locations in India, including addresses, phone numbers, and emails. It also includes brief summaries of topics related to international copyright treaties such as the WIPO Copyright Treaty (WCT), Berne Convention, 3-step test, flexibilities under copyright, and India's accession to the WCT and WPPT.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
Evolution of right to freedom of speech and expressionAltacit Global
The document discusses several instances where freedom of expression has been threatened in India, including:
1) Political cartoonist Aseem Trivedi's arrest for sedition over cartoons depicting national symbols.
2) A fatwa against an all-girls rock band in Kashmir, forcing them to disband.
3) Protests against painter M.F. Hussain's nude paintings of Hindu deities forcing him to leave India.
4) Controversy over comments by public intellectual Ashis Nandy relating to corruption.
5) Threats against actor Aamir Khan's films by political groups for his views on displacement due to dams.
This document provides information about the company Altacit, including their office addresses and contact details in Chennai, Bangalore, Coimbatore, and Hyderabad. It also lists their email and website. The document was authored by Anju Srinivasan.
This document provides an overview of copyright as an intellectual property right under the TRIPS agreement. It discusses the history of copyright law in India, key concepts like copyright, related rights, infringement and remedies. It compares differences between Indian and Brazilian copyright law and covers topics like copyleft, statistical data, and case studies on copyright infringement cases in India.
The document discusses key aspects of copyright law in India, including what constitutes copyright, subject matter covered, introduction and history of copyright acts in India, rights of copyright holders, term of copyright, registration process, remedies for infringement, and roles of the Copyright Office and Copyright Board. It provides definitions for literary works, artistic works, sound recordings and more. The copyright act aims to encourage creation by protecting author's rights and preventing misuse of copyrights.
Current status of patenting genes and microorganisms in indiaSenthil Natesan
This document provides an overview of the current status of patenting genes and microorganisms in India. It discusses that genes and microorganisms can be patented under certain criteria according to TRIPS. It notes that India has patented several microorganisms and genes. The document also outlines the patenting process and requirements in India for biological materials, as well as non-patentable subject matter in biotechnology.
- Broadcasting is the distribution of audio and video content to a dispersed audience via any audiovisual medium like radio, television, cable, satellite etc.
- There are different types of broadcasting including telephone, radio, television, cable, satellite and webcasting.
- Broadcasts can be live or recorded. Recorded broadcasts allow for corrections and editing while live broadcasts like sports can include replays.
- Broadcasts are distributed through physical media or networks. Radio networks helped establish radio as a national medium in the US.
- The rights to broadcast and telecast are protected under Article 19(1) of the Indian Constitution as freedom of speech and expression. The Copyright Act of 1957 also protects broadcast reproduction rights. However
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
The document provides information on non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. It lists 15 categories of non-patentable inventions, including inventions that are frivolous, contrary to natural laws, injurious to public health, mere discoveries of scientific principles, and methods of agriculture/horticulture. The summary also includes examples for some of the categories.
Copyright protects original creative works such as literature, music, films, and artwork. It gives the creator exclusive rights over the use of their work, including reproduction and adaptation. Copyright applies to works fixed in a tangible form of expression. The key rights include reproduction, adaptation, publication, performance, and translation. India's copyright law aims to balance the rights of creators with public interests like access and fair use through exceptions like fair dealing.
This document provides contact details for various offices of a company located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on copyright societies in India, including that they are collective administrative organizations that issue licenses and collect royalties on behalf of their members. Copyright societies are registered under Section 33 of the Copyright Act of 1957 and can only administer one class of work. They must obtain approval from members on collection/distribution procedures and use of collected fees. Tariff schemes must be published and can be appealed. Meetings include annual and special general body meetings.
Copyright law protects original creative works by giving authors ownership over their works and the exclusive right to copy, distribute, perform, display, and create derivative works from them. This document discusses how copyright is granted automatically when a work is created and fixed in a tangible form, covers both published and unpublished works, and protects literary, dramatic, musical and artistic creations but not ideas, facts or methods. It also outlines exceptions like fair use and discusses a case where musician Jamelia sued and won against someone who copied and sold her album without permission.
Copyright law protects original creative works such as literature, art, music, films, and software. It grants creators exclusive rights over their work, usually for a limited time, including rights to copy, distribute, adapt, and financially profit from the work. Fair use allows limited use of copyrighted works for purposes like criticism, commentary, news reporting, teaching, and research. Infringing on a copyright can result in fines of up to $150,000 per work. Works enter the public domain when copyright expires or if created by the US government. To register a copyright, submit an application, fee, and copies of the work to the US Copyright Office.
This document provides an overview of copyright law in India. It defines copyright and outlines the types of works protected, including literary works, musical works, artistic works, films, and sound recordings. It describes authorship and ownership, the various rights afforded to copyright holders (reproduction, distribution, public performance, etc.), and exceptions like fair use. It also covers the term of copyright, registration and enforcement, including civil and criminal penalties for infringement.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
The document discusses the relationship between competition laws and intellectual property rights (IPRs) in India. It provides context on the objectives of competition laws such as preventing anti-competitive practices and abuse of dominant positions. It then discusses the nature and intent of IPRs, noting they provide exclusive rights but are exceptions to free competition rules. The document outlines how competition laws can apply to IPRs to prevent extension of monopoly power beyond the scope of protection. It analyzes relevant sections of the Competition Act relating to anti-competitive agreements and treatment of IPRs.
The document summarizes key aspects of copyright law in India according to the Copyright Act of 1957. It defines copyright as exclusive rights granted to creators of original works, including rights of reproduction, communication to the public, and adaptation. Copyright protects literary, dramatic, musical, artistic works as well as films and sound recordings. The rights include reproduction, distribution, public performance, and translation of works. Registration with the Copyright Office is not required but serves as evidence in court. Copyright generally lasts for 60 years after the creator's death. Common infringements include unauthorized copying, distribution, and importation of copyrighted works. Certain exemptions apply such as for research, teaching, and criticism.
This document contains contact information for various Altacit office locations in India, including addresses, phone numbers, and emails. It also includes brief summaries of topics related to international copyright treaties such as the WIPO Copyright Treaty (WCT), Berne Convention, 3-step test, flexibilities under copyright, and India's accession to the WCT and WPPT.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
Evolution of right to freedom of speech and expressionAltacit Global
The document discusses several instances where freedom of expression has been threatened in India, including:
1) Political cartoonist Aseem Trivedi's arrest for sedition over cartoons depicting national symbols.
2) A fatwa against an all-girls rock band in Kashmir, forcing them to disband.
3) Protests against painter M.F. Hussain's nude paintings of Hindu deities forcing him to leave India.
4) Controversy over comments by public intellectual Ashis Nandy relating to corruption.
5) Threats against actor Aamir Khan's films by political groups for his views on displacement due to dams.
This document provides information about the company Altacit, including their office addresses and contact details in Chennai, Bangalore, Coimbatore, and Hyderabad. It also lists their email and website. The document was authored by Anju Srinivasan.
This document discusses parody and its treatment under copyright law in various jurisdictions like the US, UK and India. It defines parody as a humorous imitation of a work for comic or ridiculing effect that changes the original work's words to give it new meaning. While copyright owners have exclusive rights over derivative works, parody is generally considered fair use as it serves the purpose of commentary/criticism and does not compete with the original work. However, certain principles like not harming the original commercially are considered.
The document outlines the timeline of events in the 1998 blackbuck poaching case involving actor Salman Khan in Rajasthan. Key details include:
- In September 1998, Salman Khan and co-actors were accused of poaching two blackbucks while filming in Rajasthan.
- A complaint was filed in October 1998. Salman Khan was arrested and granted bail.
- In 2006 he was convicted and sentenced to 5 years in prison, which was later suspended.
- The case saw multiple appeals and verdicts over the years, with the Rajasthan High Court ultimately acquitting Salman Khan in July 2016.
This document discusses the trademarking of hashtags. It provides background on what a hashtag is and how it is used in social media. It then discusses some key points around trademarking hashtags, including that hashtags alone are not patentable or copyrightable but can be trademarked. It outlines the USPTO's definition of hashtag marks and conditions for trademarkability.
This document summarizes a plagiarism case involving the Bollywood film Mohenjo-Daro. A director named Akashadithya Lama claimed the film's director Ashutosh Gowariker plagiarized his script. Lama filed multiple lawsuits but was unable to prove his script was disclosed to Gowariker or provide sufficient evidence of similarities between his work and the film. Lama ultimately lost the case and was fined for wasting the court's time.
The document discusses hate speech laws in India. It provides addresses and contact information for three offices located in Chennai, Bangalore, and Coimbatore. It then examines how hate speech laws have been influenced by concerns over caste-based discrimination and religious conflict. It outlines key instances of hate speech during elections and other time periods, and discusses laws prohibiting hate speech under the Indian Penal Code. A survey found that 85% of people see inter-religious hate speech as a serious problem in India. The Supreme Court has asked the Law Commission to examine the issue of hate speeches made by politicians.
This document discusses the role of intellectual property in the sports management industry. It provides addresses and contact information for the company Altacit in several Indian cities. It then discusses how sports have gained commercial importance through franchising, advertising, and brand building. Innovation and creativity in sports are driving new opportunities for enjoyment and performance. Sports leagues and organizations exploit the marketing potential of major events. Intellectual property like patents, trademarks, copyrights, and designs play an important role in protecting the commercial interests involved in sports.
Proofing, comments and protect document in ms wordAltacit Global
The document describes the features available under the Proofing tab in Microsoft Word 2007, including spelling and grammar checking, research tools, thesaurus, translation, comments, and options to protect documents from unauthorized editing. Key features covered are spelling and grammar checking, using research sites, finding synonyms with the thesaurus, translation to other languages, adding and navigating comments, and limiting document formatting when protection is enabled.
Government control over licensing fee - an analysisAltacit Global
This document provides contact information for the offices of Altacit in various cities across India, including addresses and phone numbers. It also lists an email address and website for the company.
Envelops, labels and mail merge in ms wordAltacit Global
This document discusses how to create envelopes, labels, and mail merge in Microsoft Word. It provides instructions on using the Mailings tab to create envelopes and labels, including how to enter delivery/return addresses and select formatting options. For mail merge, it describes using the Mail Merge wizard to insert recipient fields into a form letter from a database and generate customized letters for each contact.
- Arnab Goswami, former editor of Times Now, frequently used the catchphrase "Nation wants to know" on his show. Both Goswami and Bennett Coleman & Co. (owners of Times Now) have applied to trademark the phrase.
- A legal battle has ensued over who has the right to trademark the phrase and whether it is distinctive enough to one party to be trademarked. Both sides are arguing over who popularized the phrase and who consumers most associate it with.
- The case involves issues around trademark law, personality rights, and whether a commonly used phrase can be trademarked. The outcome could determine who can use the phrase without risk of legal issues.
This document discusses tracking changes and protecting documents in Microsoft Word 2007. It explains how to track changes using the Review tab, view changes in different modes, and protect a document by limiting formatting to selected styles. The document contains examples demonstrating how changes appear.
This document outlines details of a defamation case filed by Justice Sawant against Times Now news channel. The key details are:
1) Times Now aired Justice Sawant's photo incorrectly identifying him as being involved in a PF scam.
2) Justice Sawant complained but Times Now was slow to apologize and rectify the error, frustrating the judge.
3) Justice Sawant filed a defamation suit. The court ruled the broadcast was defamatory even though the photo was shown briefly.
4) Times Now was ordered to pay Justice Sawant 100 crores in damages for the defamation.
The document discusses a legal case between Dabur India and Rajesh Kumar regarding alleged trademark and design infringement. Dabur claimed the defendants were imitating their registered bottle design for hair oil. However, the court found the bottles were significantly different and the defendant's purpose was also different. It ruled no prima facie infringement and denied the injunction against the defendant. The conclusion stresses designs must be novel and registered in detail to receive protection.
The document discusses the registration of trademarks containing words in foreign languages in India. It provides details on the doctrine of foreign equivalents followed by the Indian trademark registry to determine if a foreign trademark can be registered. It examines translations and transliterations of foreign marks and whether they conflict with existing Indian marks or are descriptive. It summarizes some key court cases that addressed disputes over foreign language trademarks and the principles considered, such as whether the meaning of a foreign word would be understood by most Indian consumers.
This document provides contact information for various offices of a law firm called Altacit located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on succession law in India, including an overview of the Indian Succession Act of 1925, testamentary versus intestate succession, applicability to communities, definitions of a will, essential features of a will, persons competent to make a will, the role and appointment of executors, execution of a will including the probate process, and related topics.
Savelife foundation and; anr vs union of india and anrAltacit Global
This document summarizes a public interest litigation filed in the Supreme Court of India in 2012 by SaveLIFE Foundation seeking protective guidelines for Good Samaritans or bystanders who assist victims of road accidents. SaveLIFE Foundation conducted a study finding that most Indians hesitate to help accident victims due to fears of legal hassles. The Supreme Court established a committee whose recommendations led to the notification of Good Samaritan guidelines by the Ministry of Road Transport and Highways in 2015, providing legal protection to those who assist accident victims.
The document discusses the overlap between copyright and trademark protections. It provides examples of how the same product like a t-shirt or book can be protected by both copyright for the original content and trademark for any distinctive logos or brands. Both protections can co-exist under the same work. Trademark protects brands and logos from confusingly similar uses while copyright protects the original creative content from being copied. It is common for different types of intellectual property like patents, trademarks and copyrights to overlap in their protections.
This document discusses lists and sorting in Microsoft Word. It describes the two types of lists - ordered and unordered lists, and how to create them using shortcuts. It also discusses how to sort items in ascending or descending order. Multi-level lists and examples of bullet points and numbers are provided.
The document outlines key details from the draft Unmanned Aircraft System Rules, 2020 released by the Directorate General of Civil Aviation (DGCA) of India. Some of the major points covered in the draft rules include requiring prior authorization for manufacturing, importing, owning and operating drones; eligibility conditions for authorization; insurance requirements; rules around carrying payloads and restrictions on photography; and the framework for establishing drone ports and corridors. The document also discusses definitions related to unmanned aircraft systems and drones, categories of drones based on weight, and potential future areas where drones may be used such as for BVLOS (Beyond Visual Line of Sight) operations and delivery of goods.
The document discusses the issue of sexual harassment during work from home arrangements brought about by the COVID-19 pandemic. It notes that while employees are physically at home, they are still considered to be in the workplace as per law. Virtual forms of harassment can include inappropriate clothing or behavior during video calls, sending unwanted pictures, or demanding late night calls from female employees. Maintaining professional standards of conduct and being sensitive to how actions could make others uncomfortable are important to prevent virtual harassment during the pandemic.
Information technology guidelines for intermediaries and digital media ethics...Altacit Global
The document provides an overview of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified in India.
The key points are:
1. The Rules regulate intermediaries, social media intermediaries, publishers of news/current affairs content, and online curated content publishers.
2. For intermediaries, the Rules prescribe due diligence requirements around user notifications, content takedowns, grievance redressal etc.
3. Significant social media intermediaries must comply with additional obligations regarding local presence, identification of originators, monthly compliance reports etc.
Returns and refunds consumer protection actAltacit Global
This document provides information on the Consumer Protection Act 2019 in India including key definitions, rights of consumers, refund and cancellation policies, and product liability. It discusses that the Act aims to protect consumer interests and provide effective resolution of disputes. Some key points covered include definitions of consumer and consumer rights, time limits for returns, no-cost returns, and provisions for product manufacturer liability for defects. Contact information is also provided for multiple locations of the company.
This document discusses the rights of the unborn child under various statutes in India. It summarizes key provisions from several acts and codes:
- The Limitation Act 1953 considers an unborn child as a minor for the purposes of filing legal claims.
- The Indian Succession Act 1925 defines a minor as under 18, implying an unborn child is also considered a minor.
- The Indian Penal Code 1860 criminalizes causing miscarriage or death of an unborn child in certain situations.
- The Hindu Succession Act 1956 grants an unborn child equal inheritance rights as a born child for intestate succession.
The document analyzes how different laws in India implicitly or explicitly recognize various rights
This document provides contact information for various offices of Altacit, an organization based in India. It then discusses the grounds for divorce under Hindu marriage law in India. The key grounds covered are adultery, cruelty, desertion, conversion, insanity, renunciation, and presumption of death. Examples are provided for what constitutes each ground. It is noted that leprosy and venereal diseases were removed as grounds in 2015 at the suggestion of the UN.
This document provides information about alimony laws in India. It defines alimony as the right to receive maintenance after divorce. The main purposes of alimony are to prevent unfair financial impacts of divorce and allow a spouse to maintain their standard of living. The two types of alimony are interim and permanent. When determining alimony amounts, courts consider factors like earnings, marriage length, misconduct, and standard of living. Alimony is governed by different laws for Hindus, Muslims and other religions.
This document discusses different types of patent licensing. It defines patent licensing as granting permission to a third party to use, sell, and benefit from a patented invention in exchange for royalty payments. There are several types of patent licenses: exclusive licenses grant all rights except title to one licensee; non-exclusive licenses allow a patent owner to grant rights to multiple parties; sub-licenses are granted by licensees to third parties; and cross-licenses allow an exchange of licenses between companies. The document also discusses advantages like risk transfer and access to global markets, as well as challenges like loss of control and difficulty finding licensees.
This document summarizes surrogacy laws in India. It begins by defining surrogacy and explaining the different types, including traditional vs gestational and altruistic vs commercial. It then discusses the history and origins of surrogacy and assisted reproductive technology. The document analyzes India's Assisted Reproductive Technology Regulation Bill of 2010 and 2016, highlighting relevant sections that regulate surrogacy clinics, create oversight boards, ban commercial surrogacy, and penalize violations. Both the pros and cons of the bills are discussed. While banning commercial surrogacy aims to reduce exploitation, it also limits an industry that boosts India's economy. The conclusion acknowledges this is a start but flaws need addressing before the bill becomes law.
This document provides information about IRS Form W-9, including how it is used, how to complete it, acceptable filing methods, and its role in the tax filing process for independent contractors and self-employed individuals. Form W-9 is used by businesses to request taxpayer identification information from contractors to file 1099-MISC tax forms. It can be completed on paper or electronically, and helps payees avoid backup withholding by certifying they are not subject to it. Completing a W-9 is the first step for self-employed workers to have their tax returns filed.
Tamilnadu regulation of rights and responsibilities of landlords and tenants ...Altacit Global
The document discusses the key aspects of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act 2017, which was enacted to regulate rental
housing in the state. Some key points include:
- It mandates all tenancy agreements to be in writing and registered with the Rent Authority.
- It applies to existing tenancies which must be registered within 90 days.
- It aims to facilitate landlords and tenants and provide affordable housing for all, given Tamil
Nadu's high rate of urbanization and rental housing.
Requirements for operation of civil remotely piloted aircraft systemAltacit Global
The document summarizes India's new Drone Regulation policy released by the Directorate General of Civil Aviation (DGCA) in August 2018. Some key points:
- The policy provides requirements for operating civil remotely piloted aircraft (drones), including obtaining operator permits and unique identification numbers.
- It establishes eligibility criteria for drone pilots, categories of drones based on weight, and restricted "red" and regulated "yellow" zones for drone flights.
- Violations can result in penalties like permit cancellations or legal action under the Indian Penal Code, with imprisonment and fines outlined in the Aircraft Act of 1934.
The regulation aims to legalize and standardize drone usage in India for the first time
Rights of employees under insolvent companiesAltacit Global
This document provides contact details for various offices of a company called Altacit located across different cities in India. It also provides the company's email address and website. The subsequent paragraphs discuss provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) related to the rights of employees under the code. It defines key terms like financial creditor, operational creditor, financial debt and operational debt. It explains that employees are considered operational creditors under IBC and unpaid salaries would be treated as operational debt. It discusses the process for initiation of Corporate Insolvency Resolution Process by an operational creditor as provided in the code.
This document outlines the process for restoring a lapsed patent in India. It discusses how a patent owner can file an application for restoration within 18 months of the patent lapsing due to non-payment of renewal fees. The application must show the failure to pay was unintentional and there has been no undue delay. It describes the publication, opposition, and hearing process and notes restored patents include provisions to protect intervening users.
This document discusses celebrity rights in India. It begins with an introduction to celebrity rights as a significant development in intellectual property law that allows celebrities to benefit financially from their public image and prevent unauthorized commercial use. It then outlines the different types of celebrity rights, including personality rights, privacy rights, and publicity/merchandising rights. Key cases related to celebrity rights in India are also summarized. The document concludes by stating the need for specific celebrity rights legislation in India to protect celebrities while also respecting privacy and fundamental rights.
The Technology Development Board (TDB) of India was established in 1996 to promote development and commercialization of indigenous technology. It provides financial assistance in the form of equity, loans, and grants to industrial companies and research institutions. TDB aims to support innovative projects, foster partnerships between industry and research organizations, and help create new jobs through technological development. It receives funds from government grants and recoveries and operates with the goal of making India a global leader in technology and innovation.
This document discusses the Motor Vehicles Act 1988 and motor accident claims in India. It summarizes key aspects such as the creation of Motor Accidents Claims Tribunals to provide faster compensation, the entitlement to claim compensation for injury or death from motor accidents, and the use of mediation and Lok Adalats as alternative dispute resolution methods to help address the large backlog of pending motor accident claim cases in India. It also summarizes the key details and outcome of the Supreme Court case M.R. Krishna Murti v. The New India Insurance Civil Appeal Nos. 2476-2477 of 2019, which envisaged the creation of a Motor Accident Mediation Authority under the National Legal Services Authority to
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
MORAL RIGHTS
IN COPYRIGHT
Anju Srinivasan
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
Copyright is a right granted to creators of literary,
dramatic, musical, computer and artistic works, and
producers of cinematography films and sound
recordings. It ensures safeguards of the author’s
rights over their creations thereby protecting and
rewarding creativity.
Human beings have fundamental rights that cannot
be taken away from an individual’s decision. Moral
rights are an embodiment of the natural rights of the
artist over his creation. Moral rights of a person are
the soul of his work, and that person has the right to
preserve, protect and nurture his creations through
moral rights.
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
They are the rights that the creator is automatically
empowered with, the moment he creates it. The
moral rights of a work can even remain with the
creator after his death.
Moral rights should be viewed comprehensively.
They represent vital social interests as they are
primarily vested in authors. The creative impulse
and work are of value to the society, through his
work the artist provides an important service to the
society.
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INSTANCE
C Subramania Bharati, a renowned Indian poet once
quoted a story where a poet went out for a walk and
heard a local blacksmith sing a familiar song. The
former recognized that it was his own composition,
but not as he had written it. Strange words took the
place of words he had written and the rhythm was
distorted. Then the poet went into the blacksmiths
store and rearranged all his tools On being questioned
by the blacksmith as to why he was acting crazy, the
poet stated; “I am doing to your property what you
were doing to mine.” He confirmed that poetry was to
him, what the property was to the blacksmith.
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
IN LEGAL PARLANCE
Since 1928, the moral rights of attribution and
integrity have been included in the most important
international agreement of CR matters, ‘THE BERNE
CONVENTION FOR THE PROTECTION OF LITERARY
AND ARTISTIC WORKS’.
Article 27(2) of the Universal Declaration on Human
rights provides that: ‘Everyone has the right to the
protection of the moral and material interests
resulting from any scientific, literary or artistic
protection of which he is the Author.’
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INDIAN COPYRIGHT ACT,
1957
Section 17 of the Copyright Act clearly states that
the author or creator of the work is the first owner
of copyright. An exception to this rule is that the
employer becomes the owner of the copyright
where the employee creates a work in the course of
and scope of employment.
Section 57 of the Copyright Act provides for
Author’s Special Rights. The language of section 57
is of wide aptitude and includes not just literary
works but also visual and audio manifestations.
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
KINDS OF MORAL RIGHTS
The moral rights are as follows:
1.PATERNITY RIGHT
(Right to claim authorship of the work)
2. INTEGRITY RIGHT
(Right to protect his honor and reputation)
3.GENERAL RIGHTS
(Not to have a work falsely attributed to him)
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PATERNITY RIGHT
(THE RIGHT OF ATTRIBUTION)
The right of attribution refered to as the right of
paternity is the right of authors to claim authorship
of their works, It aims to determine whether and
how the author’s name shall be affixed to the work.
It establishes three separate but related protections.
First, that it is an author’s right to be made known to
the public as the creator of the work. If the author
so desires, his or her name must appear on all copies
as well as advertising and other publicity for the
work.
Second, that an author can prevent others from
usurping his work by naming another person as the
author. This allows the author to prevent plagiarism
of the work.
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PATERNITY RIGHT CONTD.
Finally, an author can prevent others from wrongly
attributing to him a work he has not written. This
prevents the author from false attribution of
authorship and from being named as the author of a
work that has been mutilated.
The right of paternity refers to the right of an author
to claim authorship of a work and a right to prevent
all others from claiming authorship of his work.
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE RIGHT OF INTEGRITY
The notion of right of integrity is that since the work
of art is an expression of the artist’s personality,
distortion, dismemberment or misrepresentation of
the work mistreats an expression of the artist’s
personality, affects his artistic identity, personality
and honor, and thus impairs a legally protected
personality interest.
Right of integrity empowers the author to prevent
distortion, mutilation or other alterations of his work
or any other action in relation to the said work which
would be prejudicial to his honor and reputation.
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHT OF INTEGRITY
CONTD.
The right provides authors with a right to prohibit
modifications of their works without their consent
regardless of whether the modification would
negatively impact or objectively improve the work.
This right provides the artist with general protection
against any substantial modification.
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
GENERAL RIGHTS
The right to create a work, the right to publish a
work, the right to withdraw a public work from sale,
the right to prevent excessive criticism of a work, and
the right to prevent any other violation of an author’s
personality are the additional moral rights that exist
in some circumstances. Free consent, privacy,
conscience, free speech, due process, life and safety
are some of the rights that attribute to an
individual’s moral rights.
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CASE LAW
BEFORE THE DELHI HIGH COURT
Amar Nath Seghal v. Union of India
(2002(2) ARBLR130 (Delhi) - 2005(30) PTC253 (Del)
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FACTS AND RULING
This case discusses the issue of moral rights in
substantial detail. In this the plaintiff is a sculptor that
was commissioned by the Government of India to
create a bronze mural, and in turn assigned his
Copyright in the mural to the Government. The mural
was placed on display as a prominent part of the
Country’s national heritage, but was later pulled down
and dumped. The plaintiff Amar Nath Seghal sued for
violation of his rights. This case was filed in the 90’s
and an interim injunction was passed in favor of the
Plaintiff. The defendants argued that the plaintiff had
assigned his copyrights to them and having purchased
the same, the defendants could deal with the mural in
question in a way they chose to.
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
In 2005, the Court dismissed the case and
observed that the moral rights are independent of
the author’s copyright. They exist even after the
assignment of the copyright, wholly or partially.
It can be inferred from the present case that the
Court was of the view that once a work is assigned
and displayed in a prominent place, a removal
from such place in a disrespectful manner that
mutilates the work is a violation of one’s moral
right.
16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COMMENTS
I hold an opinion in variance to what has been held.
The decision also spoke of protection of cultural
heritage of the country which could be found in the
mural. The authority of rights stemming from the
case seems slightly problematic as the judges also
bring in the unrelated irrelevant cultural heritage
aspect to justify the right of display. I fail to
understand how this attributes to form a moral right
as it is unfair to compel someone to display your
work under the guise of moral right, which actually
amounts to coercion.
17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
AMERICAN COPYRIGHT
Unlike the position of law in India, in America
Section 106 A of the American Copyright provides
for waiver of moral rights. It is also pertinent to note
that the concept of moral rights is restricted by
Visual Artists Rights Act (VARA) of 1990 and the
Copyright Act to Visual Artists only. Thus the scope
of moral rights in America is far more restricted.
18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
VISHAKA V. STATE OF RAJASTHAN
SUPREME COURT (1996)
The Court stated that provisions of International
Conventions can be read into the Constitution
where there is no contrary domestic law in the field.
19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
New technology is like a river that has burst its
banks. In each country where moral rights are
protected, the nuances of interpretation reflect the
unique qualities of its culture.
We have seen that moral rights comprise of the
right of paternity and the right of integrity .The
author of any work has the right to claim authorship
over the work. He also has the right to restrain the
distortion or mutilation of his work or to claim
damages for the distortion even after assigning the
copyright. If the assignee distorts the original work
as a result of which the author’s right is harmed,
then the author can sue for restraining such
distortion and for damages.
20. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
It can be argued that Moral rights are akin to
fundamental rights granted by the constitution of
India, in that they cannot be waived.
Enforcement of moral rights depends on educating
the public. When it comes to moral rights, a new law
without credibility in the public mind would be
profoundly disappointing. Spreading awareness
about the copyright issues among the legal fraternity
would surely go a long way in providing proper and
adequate recognition to the moral rights of creators.
21. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU
22. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DISCLAIMER
Any copyrighted material in this presentation is
used in fair use for the purpose of study, review or
critical analysis only, and will be removed at the
request of the copyright owner(s).