Copyright: Meaning and History

Copyright: Meaning and History

• Copyright is a method of protecting original works of the human mind, including creative expressions
• It protects the expression of an idea, not the idea itself
• Copyright is automatic, but registration is not required.

History of Copyright

• Printing press significantly impacted the need for protection.
• Venice was the first to grant printing privileges.
• The Stationers' Company in England initially held a monopoly on printing and restricted authors' rights.
• Statute of Anne was a landmark legislation recognizing authors' rights.

History of Copyright in India

• 1847 - Copyright protection first introduced by the East India Company.
• 1914 - India's first Copyright Act was enacted, inspired by the UK.
• 1957 - The current Copyright Act was introduced.

Justifications for Copyright

• Natural Rights: Argues that it's morally right to protect creations.
• Reward Argument: Provides a reward for creative efforts.
• Balance of Speech & Public Good: Strikes a balance between protecting expression and promoting free speech.
• Incentive-Based Theories: Utilitarianism promotes economic benefit through copyright.
• Neo-Liberal Economics: Advocates for private ownership of resources.
• Democratic Arguments: Copyright promotes independent and diverse cultural expression.
• Ethical Justifications: - Harm caused by unauthorised use. - Unjust enrichment through use without permission. - Recognition of the creator's effort. - Personhood: Embodiment of the creator's personality. - Personal autonomy: Granting individuals control over their creations.

International Treaties

• Berne Convention
• Rome Convention
• Universal Copyright Convention
• TRIPS (Trade Related Aspects of Intellectual Property Rights)
• WIPO Copyright Treaty
• WIPO Performances and Phonograms Treaty

Rome Convention

• Signed in 1961.
• Protects performances by performers, phonograms by producers, and broadcasts by broadcasting organizations.
• In certain cases, literary and musical works combined create a phonogram.

Artistic Works

• Artistic works include paintings, sculptures, drawings, engravings, and photographs.
• The artist is the author/owner.

Cinematographic Films

• Edison created a device to display moving photographs.
• Lumiere brothers combined a projector and images in one device.
• 20th-century celluloid films led to the rise of major studios in the US.
• Technology advancements enabled colorization, broadcast, and digital recording.
• The owner is the producer.

Principles of Copyright

• Idea/Expression Dichotomy: Only expressions are protected, not ideas.
• Fixation: To be protected, the expression must be in a tangible medium.
• Originality: The work must be independently created, not copied.

Idea v Expression

• The law protects expressions, not mere ideas.
• Baker v Selden (US) established that copyright doesn't extend to ideas, facts, schemes, systems, or methods.
• In some cases, distinguishing between "idea" and "expression" can be challenging.
• Examples:
  • Rules of a game (Mattel Inc v Jayant Agarwala - Scrabble case).
  • Common expressions that produce similar effects on the viewer.

Originality

• To qualify for copyright, works must be original.
• Originality doesn't mean unique or novel, but independently created.
• It's focused on the expression, not the underlying idea.
• The "sweat of the brow" doctrine was previously used, but has been largely abandoned in favor of a "modicum of creativity" standard.

Sweat of the Brow Doctrine

• This doctrine protected works based solely on the time, effort, and skill invested in creating them.
• Important cases:
  • Walter v Lane (1900)
  • University of London Press v University Tutorial Press (1916)
  • Ladbroke v William Hill (1964)
  • Jeweler’s Circular Publishing v Keystone Publishing (1922)
• The focus shifted from effort alone to the incorporation of skill and judgment.
• CCH Canadian Ltd. v Law Society of Upper Canada (2004) case further clarified that mere effort isn't enough, but skill and judgment are required for originality.

Originality Conclusion

• A balance between "sweat of the brow" and "modicum of creativity" is required.
• Copyright protects works with a minimal level of individual creativity.
• Eastern Book Company v DB Modak (2008) case emphasizes the need for more than mere copying in derivative works.
• Case-by-case analysis determines originality.

Eastern Book Company v DB Modak

• Eastern Book Company published law reports (SCC) containing edited Supreme Court judgments.
• Spectrum and Regent published CD-ROMs allegedly containing copied versions of the edited judgments.
• The Supreme Court ruled in favor of Eastern Book Company, finding that the editing process involved skill, judgment, and a minimal level of creativity.
• This decision reinforces that derivative works must be more than just copies of originals and involve individual effort.

Explore the fascinating evolution of copyright law, from its origins with the printing press to its establishment in India. This quiz covers the definition of copyright, key historical developments, and the underlying justifications for protecting creative works. Test your knowledge on this vital legal concept!