Copyright protects the form of expression of ideas but not the ideas themselves. It covers original literary, artistic, dramatic, musical, and other works. The creator of a work owns the copyright unless there is a written agreement stating otherwise. Copyright gives the owner economic rights such as reproduction and distribution rights, and moral rights of attribution and integrity. Exceptions to copyright protection include ideas, names, short phrases, and works not fixed in a tangible form. Fair use and fair dealing provisions allow limited use without permission for purposes such as teaching. Copyright lasts for the life of the author plus 50 years.

1. What can be protected?
Copyright

2. Protects ONLY the form of expressions of Ideas
Does not protect unexpressed Ideas

3. Ideas Vs Expressions

4. All literary and artistic works
are liable for protection.
Includes very original work of
authorship

5. Key Words
Originality : it should originate from the author – product of
independent creation
Fixation : – should be expressed in a material form

6. Categories of copyrighted works
Films
Literary Dramatic
Music
Artistic
Photographic

7. Berne convention
The expression “ Literary and artistic works” shall include every
production in the literary, scientific and artistic domain; whatever
maybe the mode or form of its expression

8. Can be :
 Artistic creations : Books, music, paintings , sculptures, Films.
 Technology based works : Computer programmes, Electronic
databases

9. Content on websites
‘Look and feel’
 Product catalogs
 Artwork and text on
product literature

10. WHO OWNS THE COPYRIGHT IN A
WORK ?
The Creator
Exceptions:
Written agreement to the contrary
Made for valuable consideration
a freelance artist who created the copyrighted work;
an employer who hires employees who create copyrighted
works as part of their job.

11. What is Not protected?
 Ideas, Concepts, Discoveries
 Titles, names, short phrases, slogans
 Improvised speech or dance :Works
not fixed in a tangible form
 Information commonly available and
containing no originality

12. Rights Protected
 Right toTangible property : No
trespassing
 Copyright ( Intangible): Owner can
use the work as he wishes AND may
prevent others from using it without
his/her authorization

13. Kinds of Rights
• Economic rights
• Moral rights

14. Economic rights
Owner derives a financial
reward from the use of his
works by others

15. Economic Rights
 The owner can authorize/ Prevent
a) Reproduction in various forms
b) Distribution of copies
c) Public performance
d) Broadcasting and other
communication to the public
e) Translation to other languages
f) Adaptation : Novel to screenplay

16. Right to Reproduction
Most basic right
Right to authorize
distribution : Owner
derives economic value
Right to authorize rental of
copies
Right to Importation

17. Rights of Public performance,
broadcasting , communication
Public performance : Any performance of a work at a place
where the public is or can be present; or at a place not open
to the public , but where a substantial number of persons
outside the normal circle of family etc is present
Includes means of recordings

19. Broadcasting rights
Covers the transmission for public reception of sounds, or of
images and sounds, by wireless means , whether by radio ,
TV, or satellite
Can be replaced by equitable remuneration

21. Translation and adaptation rights
Needs authorization from
owner of original workAND
the owner of translation and
adaptation
Translation : Expression of a
work in a language other than
the original version
Adaptation : Modification of a
work to create another work

23. Moral Rights
 Moral rights : Preserves the
personal link between
himself and his work
a) Right to claim authorship
( Right of paternity)
a) Right to object to any
distortion/ Modification of
the work which can be
prejudicial to the author’s
honor or reputation ( Right
of integrity)

24. Moral Rights
Moral rights : Independent of Economic rights
Remains with the author even if economic rights are
transferred
Given only to Individual authors

25. Limitations on rights
 Categories of works : Ex works not fixed in tangible form
 Particular acts of exploitation which can be carried out
without authorization:
a) Free use : No obligation to compensate the owner
b) Non voluntary licenses

26. Free use
Quoting from a protected work
Illustration for teaching purposes
News reporting
Some laws allow for personal, private and non commercial
use

27. Fair use
 Also called Fair dealing( Sec 52 of copyright act)
 Allows without authorization :
a) Nature and purpose of use : Commercial nature or for
Non-profit use?
b) Amount of work with respect to the whole work:
Quotes/ Images not covering substantial volume
c) Likely effect of the use on potential commercial value.
Cannot be authorized incase the copied work exceeds the
commercial work of the original

28. Examples of Fair use
Class studying an artist using samples to critique and analyze
his/her work;
Making a collage for a school project;
Manipulating an image to learn Photoshop or other software.

29. Duration
Begins at creation
Life of author and 50 years after his/her death

30. References
Importance of Copyright in textiles , apparel and Lifestyles :
Jyotsna Balakrishnan
Relevance of Copyright and Related Rights for SMEs
Professor Prabuddha Ganguli
Picture archive council of America
Understanding copyright and Related Rights : WIPO