Copyright: A Detailed Overview PDF

# COPYRIGHT ## Submitted By: Dr. Mohan B R # **WHAT IS COPYRIGHT???** * It is a legal term used to describe the *rights* that creators have over their literary and artistic works * As a creator has *right* to enjoy financial and other benefits associated as per the law over creation. # **WHAT...

# COPYRIGHT ## Submitted By: Dr. Mohan B R # **WHAT IS COPYRIGHT???** * It is a legal term used to describe the *rights* that creators have over their literary and artistic works * As a creator has *right* to enjoy financial and other benefits associated as per the law over creation. # **WHAT CAN BE PROTECTED???** - Literary work- novels, poems, plays, reference works, newspaper, articles. - Computer programs - Films, musical composition, choreography. - Artistic works- paintings, drawing, photographs and sculpture. - Architecture. - Advertisements, maps and technical drawing. # **WHOSE RIGHTS ARE PROTECTED???** * It protects the *right* of the author. (Creator of intellectual property) * He/she also called the first owner of copyright. * In case of employment-*employer* is the first owner of these rights. # **WORK** | **CREATOR OF THE WORK** ---|--- Literary or dramatic work | Author Musical work | Composer Cinematograph | Producer Sound Recording | Producer Photograph | Photographer # **WHY COPYRIGHT???** ## **Favor** * Rewards creative efforts * Protects the interest of the creator ## **Against:** * it protects the corporate interest only. * Criminalizing legitimate use. # **WORLD'S FIRST COPYRIGHT LAW** * Statue of Anne. * UK in 1710. # **FIRST COPYRIGHT IN US** * June 9th, 1790- John Barry in US * Philadelphia Spelling Book. * US district of Philadelphia. # COPYRIGHT * No single "international copyright" for whole world. * The Copyright Act of each country is compliant with most international conventions and treaties. * In India, the Copyright Act, 1957 is compliant with these international conventions and treaties. 1. Berne convention of 1886 2. Universal Copyright Convention of 1951. 3. Agreement on TRIPS. # **INDIAN COPYRIGHT ACT, 1957** * First right in India in 1914. * Now, Indian Copyright Act, 1957; w.e.f. 1958. * Further *amendments* in 1983, 1984, 1992, 1994, 1999 * Adopted many English provisions, introduced new ideas and concepts. * Created Copyright Office and Copyright board. * Introduced *civil* and *criminal* remedies against infringement. # **INDIAN PERSPECTIVE ON COPYRIGHT** * The Copyright Act, 1957 confers copyright protection in the following forms; 1. Statutory Rights 2. Economic Rights 3. Moral Rights # **STATUTORY RIGHT** * It provides an exclusive *legal* or *statutory* right to the original author on his creation of work. * It imposes a 'negative duty' on others that prohibits from using or getting benefit from the work without the consent of the author. # **ECONOMIC RIGHT** * It provides author to enjoy the financial benefits. * The creator can earn royalty by assigning rights to others either fully or partially. * As per the international conventions, generally every national *copyright* statue provides following exclusive rights to the *copyright* holder. # **ECONOMIC RIGHTS** * Adaption rights. * Distribution rights. * Public performance rights. * Public display of works rights. * Rental rights. * Reproduction rights. * Translation rights. # **MORAL RIGHT** * It protects non-economical interests of the author. * Copyright law always protects the creator even after the assignment of copyright work to others either fully or partially. * Moral rights grant an author the right to have his name kept on the work forever and protects from any *distortion* or *modification* of the work, or other offensive action in relation to the work, which would be damaging to the authors reputation. # TERM * Copyright doesn't require any kind of registration for its protection. Once the work created in tangible form, an author automatically gets the copyright on his creation. * Copyright term in respect to published literary, dramatic, musical and artistic works is lifetime of the author plus 60 years from the death of the author. # TERM * Multiple author - 60 years from the death of last author * Anonymous and pseudonymous works - 60 years from date of publication. * Photographs, cinematograph films and sound recordings - 60 years from date of publication. * Works of applied art and *photographic* works- minimum term is 25 years from the creation of such a work. # **CAN I REGISTER COPYRIGHT???** * In the majority of countries, and according to the Berne Convention, copyright protection is obtained automatically without the need for registration or other formalities. * Most countries nonetheless have a system in place to allow for the voluntary registration of work. * Such voluntary registration systems can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales and the assignment and/or transfer of rights. # **REGISTRATION** * Berne Convention - Registration is not needed * Acquisition of copyright is automatic with the creation of the work. * Registration as prime fact evidence. # **SYMBOL** * The use of "C" symbol. * Anyone who claims copyright can use it. * Not necessary to have a registration to use the designations. * Highly advisable to incorporate a copyright notice. * E.g: Copyright© 2009 Microsoft Corporation. # **ASSIGNMENT** * The owner of the copyright may assign to any person the copyright either *wholly* or *partially*. * Duration, in case of default - 5 years. * The moral rights are *independent* of the author's copyright and remains with him even after assignment of the copyright. # **COUNTERFEITING OF COPYRIGHT** - A diagram with four boxes, the first is labeled "Counterfeiting", the second is labeled "Counterfeiting Mark", the third is labled "Counterfeiting Products", and the fourth is labeled "Infringement Mixed". Below that is a fifth box labeled "Infringement of Copyright". # **INFRINGEMENT OF COPYRIGHT** * Performing publicly *without* any consent of the owner * Using copyrighted work for any kind of business which brings financial benefit * Distributing for the purpose of trade or *import*. # **INFRINGEMENT OF COPYRIGHT** * Reproduction of substantial part of copyrighted work in any material form * Circulating among the unauthorized persons * Adoption or *translation* of copyright work *without* any permission. * Resale or renting of copyrighted material to other. # **REMEDIES** - A diagram with three boxes, the first and third boxes are shaped as rectangles, the second is a circle. The box on the left is blue and labeled "CIVIL". The box on the right is red and labeled "CRIMINAL". The circle in the middle is light blue and labeled "REMEDIES" with an arrow pointing up to "ADMINISTRATIVE" # **CIVIL REMEDIES** * Injunction. * Damages. * Accounts. * Delivery of *infringing* copy. * Damages for conversion. * Jurisdiction is *District* Court. # **CRIMINAL REMEDIES** * Imprisonment - 6 months to 3 years. * Fine - 50,000 to 2,00,000 INR. * Seizure of *infringing* copies. # **ADMINISTRATIVE REMEDIES** * Registrar and Copyright Board has the power to take action. * Ban the *import* of *infringement* copies and delivery of the *confiscated* infringing copies to the owner. * Max. time taken to raise complaint - 3 years from the date of infringement. # **LIMITATIONS AND EXCEPTIONS** * Educational purpose. * For criticism. * Comment or review. * Journal reporting. * Judicial proceedings. * Research. * The user is exempt from seeking permission of the copyright owner or creator. # **Copyright V/S Trademark V/S Patent** | Copyright | Trademark | Patent | |---|---|---| | Automatically granted to the author of their original, creative or intellectual work. | Brand element - distinguishes your goods and services from those of your competitors and other traders. | Obtaining protection for new inventions that are new, original and useful. | | **Work:** Books, lectures, dramatic and musical work, cinematography, drawings, paintings, architecture, sculpture, photographs, maps, plans etc... | **Mark:** Word mark, logo or slogan, shapes and unconventional marks (Color, Sound, Gesture, Animation, some Holograms). | **Work:** Novel or original has an inventive step and has some industrial application. | | **Right:** To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease or lending. | **Right:** To use the mark and prevent anyone from using it without permission. Right to license, assign and sell the mark in return of some compensation. | **Right:** Exclusive authority over the patented invention, right to exclude others and exploit the patent and earn from it. | | Registration is not mandatory. | Applied separately in every country. | Separate patent required to be filled. | | **Validity:** Lifetime of the author and 60 years after author death. Owner has protection in most countries. | **Validity:** 10 years. Renewed every 10 years. | **Validity:** 20 years later goes to public domain. It is territorial right - effective only within the territory. | # **REFERENCE** - Patterson, L.R., 1968. Copyright in *historical perspective*. Vanderbilt University Press. - Van Dorp, W., Mulder, R.L., Kremer, L.C., Hudson, M.M., Van Den Heuvel-Eibrink, M.M., Van Den Berg, M.H., Levine, J.M., Van Dulmen-Den Broeder, E., Di Iorgi, N. and Albanese, A., 2016. Copyright information. J Clin Oncol, 34, pp.3440-3450. - https://copyright.gov.in - https://www.wipo.int/copyright # THANK YOU - A image with the copyright symbol in the bottom-right corner.