For eg. French copyright law applies to anything published or performed in France, regardless of where it was originally created.
anyone whose using and M.F Hussains painting work for suppose a greeting card cover without authorization
For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough to not be judged copies of Disney's. Note additionally that Mickey Mouse is not copyrighted because characters cannot be copyrighted; rather, Steamboat Willie is copyrighted and Mickey Mouse, as a character in that copyrighted work, is afforded protection
The first limitation is the exclusion from copyright protection of certain categories of works. In some countries, works are excluded from protection if they are not fixed in tangible form. For example, a work of choreography would only be protected once the movements were written down in dance notation or recorded on videotape. In certain countries, the texts of laws, court and administrative decisions are excluded from copyright protection.The second category of limitations concerns particular acts of exploitation, normally requiring the authorization of the rights owner, which may, under circumstances specified in the law, be carried outwithout authorization. There are two basic types of limitations in this category: (a) free use, which carries no obligation to compensate the rights owner for the use of his work without authorization; and (b)non-voluntary licenses, which do require that compensation be paid to the rights owner for non-authorized exploitation.Examples of free use include: quoting from a protected work, provided that the source of the quotation and the name of the author is mentioned, and that the extent of the quotation is compatible with fair practice;use of works by way of illustration for teaching purposes; anduse of works for the purpose of news reporting.
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)The TRIPS is an international agreement administered by the WTO. A map showing the current membership of the WTO is available here((.link_red)). The TRIPS agreement was negotiated and concluded in 1994. TRIPS establishes minimum standards for many forms of intellectual property protection in member countries of the WTO, including copyright.The substantive provisions of TRIPS do not differ drastically from the Berne Convention. The major difference is that TRIPS requires member countries to grant copyright protection to computer programs and data compilations. However, TRIPS does not require the protection of authors' moral rights, which the Berne Convention requires.The most important innovations of TRIPS are the remedies it requires. Unlike the Berne Convention, TRIPS requires member countries to provide effective sanctions for violations of copyrights. In addition, it creates a dispute resolution mechanism by which WTO member countries can force other members to comply with their treaty obligations. It is sometimes said that, unlike the Berne convention, TRIPS has "teeth."TRIPS allows for some flexibility in its implementation. This flexibility is intended to permit developing nations to balance the incorporation of the general principles of TRIPS with development concerns. You can study additional Information concerning the flexibilities of TRIPS for developing nations.
Under Section 38A, the performer's right which is an exclusive right subject to the provisions of this Act making a sound recording or a visual recording of the performance, reproduction of it in any material form including the storing of it in any medium by electronic or any other means, issuance of copies of it to the public not being copies already in circulation, communication of it to the public by selling or giving it on commercial rental or offer for sale or for commercial rental of any copy of the recordingUnder Section 38B, mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer's reputationUnder Section 31D,any broadcasting organization desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so by giving prior notice, in such manner as may be prescribed and state its intention to broadcast the work & the duration, territorial coverage of the broadcast. They shall pay to the owner of rights in each work in the manner and at the rate fixed by the Copyright Board.
Example:In 2010 a suit was filed by twentieth century against sohailmaklai entertainment for the unlawful remake of twentieth century’s 2002 thriller phone booth in the form of knock out. It was the first time when an Indian court ruled that an Indian movie infringed Hollywood movie’s copyright. The Bombay high court awarded twentieth century injunctive relief until sohailmaklai paid $340,000 in damage
Copyright Act with clauses of TRIPS
Copyright as a part of Intellectual
property rights with reference to
certain clauses of TRIPS
• Copyright is a legal concept, enacted by most
• The purpose of the project is to understand what is
copyrights under Intellectual Property rights and its
related articles in TRIPS.
• understand various aspects of Indian copyrights act
with various case studies and caselets.
Berne Convention,WIPO,TRIPS,Indian Contract Act
Comparison between TRIPS and Berne convention
Related rights under TRIPS and INDIAN Contract Act
Comparison between India and South Africa
Intellectual Property Rights
• Refers to creations of the mind.
• Owner has an exclusive right of protecting his
• Countries have laws to protect intellectual property
for two main reasons.
o to give statutory expression
o to promote, creativity and to encourage fair-trading
Nature of IPR
Largely territorial rights except copyright.
Have to be renewed from time to time.
IPR can be held only by legal entities
recognized in Paris Convention for the
Protection of Industrial Property in 1883 and
the Berne Convention for the Protection of Literary
and Artistic Works in 1886.
• Administered by the World Intellectual Property
• International agreement governing the area of
• accepted in Berne, Switzerland in 1886.
• to recognize the work or creation of authors or artist
from other signatory countries in the way as it
recognizes the work from authors or artists from its
• For eg. French copyright law
(World Intellectual Property Rights )
• Self funding agency by UN Established in 1967
• Developing a balanced and accessible international intellectual
property (IP) system
• Helps in protecting rights of creators and owners
• Currently 186 Member States
Developing international IP laws and standards
Encouraging the use of IP for economic development
Promoting a better understanding of IP
Providing a forum for debate
(TRADE RELATED INTELLECTUAL PROPERTY RIGHTS)
• Sets down minimum standards for many IPR as
applied to all the member nations of the WTO.
• came into force on 1 January 1995
• It has expanded the scope of the agreement from
goods to services and also includes Intellectual
• TRIPS contains most of the Berne Convention rules.
• The Berne Convention, however, does not contain all
of TRIPS' provisions
INDIAN COPYRIGHT ACT, 1957
• The Copyright law in the country was governed by
the Copyright Act of 1914, which was the extension
of the British Copyright Act, 1911
• Extent and commencement:
• It extends to the whole of India.
• It came into force on 21st January ,1958 vide a
• Copyright grants exclusive rights to the creators to
control the copying and some other forms of
exploitation of copyright material.
• First Copyright Act was passed in 1914 .
• It protects only the form of expression of
ideas, not the ideas.
• any creative work cannot be copied without the
permission of the author/creator
• For eg. MF Hussain’s painting
The Da Vinci Code VS The Holy Blood and
the Holy Grail
• A central principle of copyright is that it protects the
expression of idea not the idea itself.
• Legal issues
• And Finally…
USE OF COPYRIGHTS
• A Copyrighted work may be used or copied under certain
• Public domain-work belongs to the public as a whole ,works
with an expired copyright or no existing protection
• Permission-prior approval for proposed use by the copyright
• Legal exception-use constitutes an exemption to copyright
Fair use-use for educational and non-commercial purpose with
certain restrictions e.g. research, commentary, parody, teaching
• CASES UNDER FAIR USE• Fairuse is a doctrine in copyright which allows
limited use of copyrighted material without
• Case1-legal solution to photocopy row
• to produce copies or reproductions of the work and to
sell those copies
• to import or export the work
• to create derivative
• to perform or display the work publicly
• to sell or assign these rights to others
• to transmit or display by radio or video
• Eg. Mickey mouse
There are two types of rights under copyright.
- the paternity right
-the right to integrity
- translate/adapt/arrange or otherwise
- make it available to the public
CASE STUDY-CASE AGAINST MORAL
Public vote on this
Big vs Small: A matter of Justice for all
Limitations on Rights
• Works are excluded from protection if they are not
fixed in tangible form
• The second category of limitations concerns
particular acts of exploitation.
(a) free use
CASE2- rogers vs. Koons
• The European Union, the United States of America
and several others have extended the term of
copyright to 70 years after the death of the author.
• Whereas India have extended upto 60 years.
• The rationale behind this is after a certain time form
part of the cultural heritage and thus be free for use.
DIFFERENCE BETWEEN TRIPS AND
BERNE CONVENTION LAWS
• TRIPS requires member countries to grant copyright
protection to computer programs and data
• TRIPS does not require the protection of authors'
• TRIPS allows for some flexibility in its
implementation( eg: setting standards of
protection, enforcement of rights)
• TRIPS requires member countries to provide
effective sanctions for violations of copyrights
RELATED RIGHTS UNDER TRIPS
• Computer Programs and Compilations of Data:
• Computer programs shall be protected as literary
works under the Berne Convention
• the source code is the main working logic of any
software program, this source code can be used for
making similar programs by the competitors therefore
source code or object code is protected as a literary
AMENDMENTS IN INDIAN COPYRIGHT,
A comprehensive definition for "computer program"
(absent in the previous Act)
• "computer program" means a set of instructions
expressed in words, codes, schemes or in any other
form, including a machine readable medium capable
of causing a computer to perform a particular task or
achieve a particular result“
protecting object code as well as source code
• Protection of Performers, Producers of Phonograms
(Sound Recordings) and Broadcasting Organizations:
• This right allows performers to prohibit the recording and
broadcasting of their live performances without their consent.
Producers of phonograms
• phonograms are protected by this law so that they can prohibit
other people from copying,
• Broadcasting organizations are provided the rights to authorize or
prohibit re-broadcasting, fixation and reproduction of their
• Example: metallica v/s napster case
• Article 12
• Terms of Protection:
The duration of the copyright validity must be at
least 50 years.
AMENDMENTS IN INDIAN COPYRIGHT,
• Copyright Act to broadcasts and performances
copyright protection extended upto 50 years from present
25yrs computed from the end of the calendar year in which the
performance took place
• If an application for registration of copyright is filed by an
applicant who is a member of either of the Conventions
copyright protection would be afforded to the applicant
automatically, there is no need for registration therefore.
Copyright Amendment Act, 2012
• Statutory license for broadcasting of literary and
musical works and sound recording ,Section 31D
to broadcast a literary or musical work and sound recording
which has already been published ----by prior notice
• Provisions to Apply in case of broadcast
reproduction rights & performer’s right sec 39
Any work or performance that has been broadcast, no license
to reproduce such broadcast shall be given
• Insertion of new sections 38A and 38B
• Exclusive Rights Of Performers
• Moral rights of the performer
RELATED RIGHTS UNDER TRIPS
• Article 11
• Rental Rights:
• a member nation will provide authors and their
successors in title the right to authorize or to
restrict/prohibit the commercial rental to the public of
originals or copies of their copyright work.
• For eg. HMV music
Penalty for Copyright Infringement in India
Minimum punishment for infringement of copyright:
• Imprisonment for six months.
• With the minimum fine of Rs. 50000.
If same act is repeated again then minimum punishment
• Imprisonment may extend to 3 years
• And fine of Rs. One lakh- two lakh
• Eg- sohail maklai entertainment
COMPARISON INDIA AND SOUTHAFRICA
Life of author and then through
Duration of Copyright end of year plus 60 years
Life of author and then
through end of year plus
date through next January 1st
plus 60 years
date through end of year
plus 50 years.
Broadcast date through end of
year plus 25 years
date through end of year
plus 50 years
Publication through end of year
plus 60 years.
Publication through end of
year plus 50 years
Top 5 economies in commercial Value of
pirated pc software, 2012
• Right from statute of Anne to TRIPS copyrights
Law has been developing and changing to provide
better protection and stronger hold to the
• Recognition as a serious crime not only damaging
creative potential but also causing economic loss
• awareness among people ,proper enforcement
efficient copyright cells and copyright societies
can bring down the infringement