Copyright Act with clauses of TRIPS


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copyright as a part of Intellectual Property right

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  • 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

    1. 1. Copyright as a part of Intellectual property rights with reference to certain clauses of TRIPS
    2. 2. Presented by Viraj Shah -13081 Shreya Sakaria-13067 Shefali Ramavat-13065 Sucheta Patil-13069 Yash Seth- 13083 Twinkle Chadwa -13075 Vaibhav Rokade -13077 Vinit Pimputkar-13079 Sujyothi Bhandary-13071
    3. 3. Introduction • Copyright is a legal concept, enacted by most Governments • 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.
    4. 4. Contents(flow) • • • • • • • • IP Berne Convention,WIPO,TRIPS,Indian Contract Act Copyrights Comparison between TRIPS and Berne convention Related rights under TRIPS and INDIAN Contract Act Comparison between India and South Africa Statistics Conclusion
    5. 5. Intellectual Property Rights • Refers to creations of the mind. • Owner has an exclusive right of protecting his intangible property • 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
    6. 6. Intellectual Property Copyrights* Patents Industrial Designs Industrial Property Trademarks Geographical Indications
    7. 7. Nature of IPR • • • • Largely territorial rights except copyright. Have to be renewed from time to time. IPR can be held only by legal entities First 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 Organization (WIPO).
    8. 8. Berne Convention • International agreement governing the area of copyrights • 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 country. • For eg. French copyright law
    9. 9. WIPO (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 • • • • • Core Tasks: 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
    10. 10. TRIPS (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 Property. • TRIPS contains most of the Berne Convention rules. • The Berne Convention, however, does not contain all of TRIPS' provisions
    11. 11. 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 notification no.269
    12. 12. COPYRIGHTS • 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
    13. 13. Typographic Works Literacy Works Dramatic Works Broadcast Works Protected by Copyright Musical Works Sound Recordings Films Artist Works
    14. 14. 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. • Background • Legal issues • Judgement • Significance • And Finally…
    15. 15. USE OF COPYRIGHTS • A Copyrighted work may be used or copied under certain conditions: • 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 owner • Legal exception-use constitutes an exemption to copyright protection – Fair use-use for educational and non-commercial purpose with certain restrictions e.g. research, commentary, parody, teaching
    16. 16. CASELETS • CASES UNDER FAIR USE• Fairuse is a doctrine in copyright which allows limited use of copyrighted material without permission. • Case1-legal solution to photocopy row -Case -outcome -Significance
    17. 17. Exclusive rights • 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
    18. 18. Rights Protected There are two types of rights under copyright. • Moral - the paternity right -the right to integrity • Economic - translate/adapt/arrange or otherwise - reproduce - make it available to the public
    19. 19. CASE STUDY-CASE AGAINST MORAL RIGHTS  Background  Comparison  Dishonesty  Public vote on this  Big vs Small: A matter of Justice for all
    20. 20. 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 (b)non-voluntary licenses.
    21. 21. CASELETS CASE2- rogers vs. Koons -Case -outcome -Significance
    22. 22. DURATION • 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.
    23. 23. DIFFERENCE BETWEEN TRIPS AND BERNE CONVENTION LAWS • TRIPS requires member countries to grant copyright protection to computer programs and data compilations. • TRIPS does not require the protection of authors' moral rights. • 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
    24. 24. RELATED RIGHTS UNDER TRIPS Article 10 • 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 work.
    25. 25. AMENDMENTS IN INDIAN COPYRIGHT, 1994 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
    26. 26. Article 14 • Protection of Performers, Producers of Phonograms (Sound Recordings) and Broadcasting Organizations: Performers • 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: • Broadcasting organizations are provided the rights to authorize or prohibit re-broadcasting, fixation and reproduction of their broadcasts. • Example: metallica v/s napster case
    27. 27. • Article 12 • Terms of Protection: The duration of the copyright validity must be at least 50 years.
    28. 28. AMENDMENTS IN INDIAN COPYRIGHT, 1999 • 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.
    29. 29. 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 &payment • 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
    30. 30. 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
    31. 31. 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 is: • Imprisonment may extend to 3 years • And fine of Rs. One lakh- two lakh • Eg- sohail maklai entertainment
    32. 32. COMPARISON INDIA AND SOUTHAFRICA Items India South Africa 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 50 years Moral Rights yes yes Photos Publication date through next January 1st plus 60 years date through end of year plus 50 years. broadcast Broadcast date through end of year plus 25 years date through end of year plus 50 years Government works Publication through end of year plus 60 years. Publication through end of year plus 50 years
    33. 33. Statistics
    34. 34. Statistical data Top 5 economies in commercial Value of pirated pc software, 2012
    35. 35. Conclusion • Right from statute of Anne to TRIPS copyrights Law has been developing and changing to provide better protection and stronger hold to the owners • 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