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 ‘substantial’ 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 lyricist’s 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.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
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 ‘substantial’ 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 lyricist’s 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.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
THE COPYRIGHT LAW
The Philippine entered another dark phase in its history on 21 September 1972 when President Ferdinand E. Marcos declared martial law throughout the country. A total ban on all mass media was enforced initially. Even when publishing activity resumed the dictatorial rule of Marcos kept a stern eye on the output of the presses. But more than censorship, the ultimate factor that hampered the development of the publishing industry was the economy. The nation was plagued by steadily inflation, a burgeoning foreign bedt, and the constant depletion of the national treasury due to graft and corruption. The economic crisis bore significant effects on the structure of society: the gap between the classes was further widened and there was a steady increase in the number of the Filipinos migrating overseas to seek permanent resident or contractual employment. The migration of professionals (including writers and artists) and skilled workers resulted in what has been called a brain drain in the country. As far as publishing is concerned, the government took steps toward professionalizing the country. The existing copyright law (Act no. 3134), patterned after US Copyright Law of 1909 and passed in 1924, was replaced by the Decree of Intellectual Property (Presidential Decree No. 49) in November 1972. The new law granted copyright to the author from the moment of the creation of a work even without prior registration and deposit with the National Library. The duration of the copyright was for the lifetime of the author until 50 years after his/her death.
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 presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
THE COPYRIGHT LAW
The Philippine entered another dark phase in its history on 21 September 1972 when President Ferdinand E. Marcos declared martial law throughout the country. A total ban on all mass media was enforced initially. Even when publishing activity resumed the dictatorial rule of Marcos kept a stern eye on the output of the presses. But more than censorship, the ultimate factor that hampered the development of the publishing industry was the economy. The nation was plagued by steadily inflation, a burgeoning foreign bedt, and the constant depletion of the national treasury due to graft and corruption. The economic crisis bore significant effects on the structure of society: the gap between the classes was further widened and there was a steady increase in the number of the Filipinos migrating overseas to seek permanent resident or contractual employment. The migration of professionals (including writers and artists) and skilled workers resulted in what has been called a brain drain in the country. As far as publishing is concerned, the government took steps toward professionalizing the country. The existing copyright law (Act no. 3134), patterned after US Copyright Law of 1909 and passed in 1924, was replaced by the Decree of Intellectual Property (Presidential Decree No. 49) in November 1972. The new law granted copyright to the author from the moment of the creation of a work even without prior registration and deposit with the National Library. The duration of the copyright was for the lifetime of the author until 50 years after his/her death.
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 presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
copyright is a type of intellectual property that gives the creator of an original work, or another owner of the right, the exclusive, legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time
Department of Education, Aliah University
Kolkata
Seven day International Workshop
On Research in Social Science: Methodological Issues and Emerging Trends (30th October-5th November, 2018)
law copyrighlide 1: Introduction
Title: Understanding Copyright: Protecting Creative Works
Your Name
Date
Slide 2: Agenda
Introduction to Copyright
History and Purpose
Copyright Basics
Rights of Copyright Holders
Fair Use and Exceptions
Copyright Infringement
Enforcement and Penalties
Conclusion
Slide 3: Introduction to Copyright
Definition of Copyright
Importance of Copyright
How Copyright Impacts Creators
Overview of What is Protected
Slide 4: History and Purpose
Historical Context
Purpose of Copyright
Development of Copyright Laws
Slide 5: Copyright Basics
How Copyright is Obtained
Copyright Duration
Automatic Copyright Protection
Registration and Benefits
Slide 6: Rights of Copyright Holders
Exclusive Rights Overview
Reproduction Rights
Distribution Rights
Public Performance Rights
Derivative Works
Moral Rights
Slide 7: Fair Use and Exceptions
Definition of Fair Use
Factors to Consider
Common Fair Use Scenarios
Other Exceptions (e.g., Public Domain)
Slide 8: Copyright Infringement
What Constitutes Infringement
Consequences of Infringement
Examples of Copyright Infringement
Slide 9: Enforcement and Penalties
How Copyright is Enforced
Legal Actions (Cease and Desist, Lawsuits)
Civil vs. Criminal Penalties
Real-life Cases
Slide 10: Conclusion
Recap of Key Points
Importance of Respecting Copyright
Resources for Further Learning
Slide 11: Q&A
Invite the audience to ask questions.
Slide 12: Thank You
Express your appreciation for the audience's attention.
Provide contact information if necessary for follow-up questions.
Remember to use visuals, examples, and engaging content to make your presentation more interesting and informative. You can also consider including relevant case studies or current events to illustrate copyright issues in the real world. Finally, check for the most recent copyright laws and developments as they may have changed since my last knowledge update in September 2021.t Constitutional Law:
The U.S. Constitution and its Amendments
Constitutional Rights and Civil Liberties
Landmark Supreme Court Cases
Criminal Law:
Criminal Justice System
Types of Crimes (e.g., white-collar crime, cybercrime)
Criminal Procedure and Due Process
Civil Law:
Tort Law
Contract Law
Family Law
International Law:
International Human Rights Law
Treaties and Agreements
The Role of International Organizations (e.g., United Nations)
Environmental Law:
Environmental Regulations
Conservation and Sustainability Laws
Climate Change and the Law
Business Law:
Corporate Law
Intellectual Property Rights
Antitrust and Competition Law
Legal Ethics:
Professional Responsibility
Legal Ethics in Practice
Ethical Dilemmas in Law
Legal Technology:
Legal Tech Innovations
The Impact of AI and Automation
Online Dispute Resolution
Human Rights:
Historical Perspective on Human Rights
Contemporary Human Rights Issues
Activism and Advocacy
Cybersecurity and Privacy Laws:
Data Protection Regulations (e.g., GDPR)
Cybersecurity Laws and Regulations
Privacy in
Learning Objective: Develop an understanding of how an invention can be protected.
At some point in your life, a light bulb above your head shines bright, as you believe you’ve come up with something brilliant, namely an invention. But what now? How do you protect it?
Whether you want to produce and market your invention on your own, or license it to another company, the only way to profit from your invention and to guarantee that no one will steal your idea is to seek patent protection. This seminar will help you gain an understanding of patents and the process of pursuing patent protection of your inventions.
At the end of this seminar, participants will be able to:
a. Explore the pros and cons of pursuing patent protection.
b. Understand the patent application process.
c. Identify options for patent monetization.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
1. COPYRIGHT AS A PART OF INTELLECTUAL
PROPERTY RIGHTS WITH RESPECT TO SOME
CLAUSES IN TRIPS
2. INDEX
SR. NO CONTENT
1 Introduction
2 History
3 Importance of IPR
4 WIPO & NIPO
5 Copyright
6 Copyright Society
7 Copyright Infringement and its remedies
8 Comparison between India and Brazil
9 Copyleft
10 Statistical Data
11 Case study
3. INTRODUCTION
Intellectual property is a legal concept which refers
to creations of the mind for which exclusive
rights are recognized.
Under intellectual property law, owners are granted
certain exclusive rights to a variety of intangible
assets, such as musical, literary, and artistic works;
discoveries and inventions; and words, phrases,
symbols, and designs.
4. Intellectual Property
Rights
Intellectual property rights are the rights given the
creator an exclusive right over the use of his/her
creation for a certain period of time.
Intellectual property rights are customarily divided
into two main areas:
• Copyrights and rights related to copyrights
• Industrial Property
5. HISTORY
Modern copyright law developed in India
gradually, in what we may identify roughly as
three distinct phases spanning more than 150
years:
• Phase I- East India Company Statute
• Phase II- Copyright Act 1914
• Phase III- Post Independence
6. Types of Intellectual
Property Rights
• Copyright
• Trademarks
• Patents
• Industrial design rights
• Trade dress
• Trade secrets
7. RIGHTS RELATED TO COPYRIGHT
Related rights have been granted to three
categories of beneficiaries:
• Performers
• Producers of phonograms
• Broadcasting organizations.
8. TRIPS Agreement
The Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS) is
an international agreement administered by
the World Trade Organization that sets down
minimum standards for many forms of intellectual
property regulation as applied to nationals of other
WTO Members
9. Main features of the
agreement
• Standards
• Enforcement
• Dispute settlement
10. WIPO
World intellectual property
organization
• It is the United Nations agency dedicated to the use
of intellectual property.
• It is a self-funding agency of the United Nations,
with 186 member states.
• Their mission is to lead the development of a
balanced and effective international intellectual
property system that enables innovation and
creativity for the benefit of all.
11. WIPO's Strategic Goals
• Balanced Evolution of the International Normative
Framework for IP
• Provision of Premier Global IP Services
• Facilitating the Use of IP for Development
• Coordination and Development of Global IP Infrastructure
• World Reference Source for IP Information and Analysis
• International Cooperation on Building Respect for IP
• Addressing IP in Relation to Global Policy Issues
• A Responsive Communications Interface between WIPO, its
Member States and All Stakeholders
12. NIPO
national intellectual property
organization
• It is an initiative destined to put India on the map of
intellectual superpowers.
• It includes
Developing policy initiatives in the area of IP
Mobilizing the use of IP for economic and social
development
Provides all stakeholders a strong voice on IP matters.
13. Mission and Objectives of NIPO
• Catalyzes awareness about the rights of intellectual
property owners
• Promotes development of infrastructural facilities
for registration of intellectual property
• Carries out Research and Development activities for
development and protection of IPR’s.
• Conducts training and capacity building activities
for corporate and government personnel
14. COPYRIGHT
• A copyright gives the creator of original work exclusive rights to it,
usually for a limited time.
• Copyright may apply to a wide range of creative, intellectual, or
artistic forms, or "works".
• Specifics vary by jurisdiction, but these can include
poems,
plays and other literary works,
musical compositions, sound recordings,
computer software, radio and television broadcasts, and industrial
designs.
15. COPYRIGHT ACT, 1957
• Copyright Act refers to laws that regulate the use of the
work of a creator, such as an artist or author.
• This includes copying, distributing, altering and displaying
creative, literary and other types of work. Unless otherwise
stated in a contract, the author or creator of a work retains
the copyright.
• Copyright does not ordinarily protect titles by themselves or
names, short word combinations, slogans, short phrases,
methods, plots or factual information.
16. NEED FOR COPYRIGHT
• It gives you the exclusive right to reproduce or copy the
work or change its form.
• You can perform the work or display it in public;
everyone else has to ask you first.
• You're the only person who can distribute the work for
commercial purposes.
• You can sell your right to control over the copyrighted
work
• Registration informs the world that you own the work
• If you succeed in an infringement suit, you are entitled
to money damages.
17. Indian perspective on
Copyright Protection
It confers copyright protection in the following two
forms:
(a) Economic rights of the author
(b) Moral Rights of the author
(i) Right of Paternity
(ii) Right of Integrity
20. TERM OF COPYRIGHT
• It varies according to the nature of work - 60 years, in India.
• In the case of literary, dramatic, musical or artistic work (other than
a photograph), when published during the lifetime of the author,
copyright subsists during the lifetime of the author, plus 60 years.
• In the case of photographs, cinematograph films and sounds
recordings; the term is 60 years from the date of publication.
• When the first owner of copyright is the government or a public
undertaking, the term of copyright is 60 years from the date of
publication.
21.
22. Administration of Copyright
Law
• Copyright Society
• Tariff Scheme of copyright societies
• Fair use Provisions
• Fair use in digital works
• Notice and take down procedures
• Special Provisions for Access to the disabled
• Fair use rights to the disabled
23. COPYRIGHT SOCIETY
• A copyright society is a registered collective
administration society. Such a society is formed by
copyright owners.
• The minimum membership required for registration
of a society is seven. Ordinarily, only one society is
registered to do business in respect of the same class
of work.
• A copyright society can issue or grant licenses in
respect of any work in which copyright subsists or in
respect of any other right given by the Copyright
Act.
24. FUNCTIONS OF A COPYRIGHT
SOCIETY
A copyright society may –
• Issue licenses in respect of the rights administered
by the society.
• Collect fees in pursuance of such licenses.
• Distribute such fees among owners of copyright
after making deductions for the administrative
expenses.
25. COPYRIGHT IN THE DIGITAL WORLD
• Copyright gives the people involved in
creating music various rights over the copying,
distribution, performance and internet
transmission of their music.
• Uploading & downloading of music to & from
the internet is an infringement of copyright if
done without the rights owners' permission.
26. COPYRIGHT INFRINGEMENT
Copyright infringement is the use
of works under copyright, infringing the copyright
holder's exclusive rights, such as the right to
reproduce, distribute, display or perform the
copyrighted work, or to make derivative works,
without permission from the copyright holder, which
is typically a publisher or other business
representing or assigned by the work's creator.
27. COPYRIGHT INFRINGEMENT OCCURS WHEN
THE COPYRIGHT OWNER'S RIGHTS ARE
VIOLATED
• The Right to Reproduce the Work.
• The Right to Derivative Works
• The Right to Distribution
• The Public Display Right
• The Public Performance Right
28. acts involving infringement of
copyright
• Making infringing copies for sale or hire or selling or letting
them for hire
• Permitting any place for the performance of works in public
where such performance constitutes infringement of
copyright
• Distributing infringing copies for the purpose of trade or to
such an extent so as to affect prejudicially the interest of the
owner of copyright;
• Public exhibition of infringing copies by way of trade; and
Importation of infringing copies into India.
31. Comparison of Indian
copyright act with Brazil
AREAS OF CONCERN INDIA BRAZIL
What is the general scheme
of exceptions from
copyright protection?
Specific categories
operating under an
umbrella of a general
doctrine (fair dealing)
One general doctrine
without specific categories
(fair use)
Do licensing agreements
need to be in writing to be
valid?
YES, the licensee has no
right to use works unless
the license is in writing
NO, it is only a matter of
evidence
Can a license be granted
with respect to unspecified
works that may be created
in the future?
YES, it is possible to
license all future works
NO, the works must be
sufficiently described for
the license to take effect
32. Comparison of Indian
copyright act with Brazil
AREAS OF CONCERN INDIA BRAZIL
Can a license be granted
with respect to ALL works
(without a specific list of
these works)?
YES, in this case all works
in which licensor owns
copyright will be licensed
to the licensee
NO, the works must be
sufficiently described for
the license to take effect
Can a license be granted for
free?
NO, there must be some
remuneration
YES, as long as the
agreement is voluntary
Do assignment agreements
need to be in writing to be
valid?
YES, the assignee has no
right to use works unless it
the assignment is in writing
NO, it is only a matter of
evidence
Can moral rights be
waived?
YES, while moral rights
cannot be assigned, they
CAN be waived
NO, moral rights are
inalienable: they cannot be
assigned and they cannot be
waived
33.
34. COPYLEFT
An arrangement whereby software or
artistic work may be used, modified,
and distributed freely on condition
that anything derived from it, is bound
by the same conditions
35. FREEDOMS GIVEN IN COPYLEFT
• Freedom 0 – the freedom to use the work
• Freedom 1 – the freedom to study the work
• Freedom 2 – the freedom to copy and share the work
with others
• Freedom 3 – the freedom to modify the work, and
the freedom to distribute modified and therefore
derivative works.
46. Conclusion
• The Indian Copyright Act was enacted with a motive
of protecting the rights of the original authors. It
aimed to encourage and provide incentive to create
original works.
• 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.
• The pirate retail trade is vast throughout big cities in
India.