Copyrights Lecture PDF

Copyrights Copyrights  What is a copyright? “The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” Combines different rights: the right to reproduce in hardback and paperba...

Copyrights Copyrights  What is a copyright? “The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” Combines different rights: the right to reproduce in hardback and paperback editions, the right of translation adaptation What does a copyright protect?  What Copyright Protects Original Literary, Dramatic, Musical and Artistic Works Cinematograph Films Sound Recordings  Literary Works Novels, poems, short stories Books on any subject Computer programmes, tables, computer databases Song lyrics  Computer Software Includes Programme Manuals Punched Cards Magnetic Tapes/Discs Computer printouts Computer programmes  What does a copyright protect? Copyrights protect original works of authorship including literary, dramatic, musical, and artistic works. 1.Poetry 2.Novels 3.Music 4.Computer Software 5.Architecture  The Nature of Copyright Statute-based, no registration necessary Copyright = intellectual property It‘s All About the Idea: Or isn‘t It? Copyright in form or expression, not in idea: “There is nothing in the notion of copyright to prevent a second person from producing an identical result...” (Gregory Committee Report, 1952, para 9)  Why Copyright? Fair Play: Reward creative efforts. “Thou shall not steal” Exclusive rights for limited time → Negative right: prevent copying/reproduction Copyright is necessary → encourage dissemination of copyrighted works = public interest  When is your work protected? Example: If you write a poem, when is your poem protected by a copyright? (call on a student) Answer: Your poem is under copyright protection as soon as you create your poem and write it down on a piece of paper.  When is your work protected? Your work is protected by a copyright as soon as it is created and fixed in a tangible form.  What rights are granted with a copyright? Basically, a copyright entitles you as the author of the work to do the following or let others do the following: – Make copies of your work – Distribute copies of your work – Perform your work publicly – Display your work publicly – Make derivative works  “Happy Birthday To You” Song Chili’s Birthday Song TGI Friday’s Birthday Song Happy happy birthday I don’t know what I been told… From the Chili’s crew, Someone here is getting old… We wish it was our I don’t know but its been said… birthday Look at his/her face its turning red… So we could party too. HEY! Sound off... happy... Sound off…birthday… Sound off… happy birthday… OKAY!  “Happy Birthday To You” Song Have any of you ever wondered why when you go to a restaurant, the restaurant has their own proprietary birthday song?  “Happy Birthday To You” Song Well, its because the “Happy Birthday to You” song that each of you know and sing to your friends on their birthday is copyrighted. Thus, restaurants create their own birthday songs to avoid copyright infringement. For example, Chili’s birthday song is (read song on slide). In another example, TGI Friday’s birthday song is (read song on slide).  Sampling “Right Round” “You Spin Me Round Flo Rida – 2009 (Like a Record)” Dead or Alive - 1984  Sampling has been used in the music industry for years. Sampling is the act of taking a portion, or sample, of a song and reusing it. If not done properly (i.e., asking permission, etc.) sampling can have copyright implications. A recent example of sampling is “Right Round” by Flo Rida and “You Spin Me Round (Like a Record)” by Dead or Alive.  (***NOTE*** 1. Click on the first video and allow to play for 30 seconds or so then click the video again to stop. 2. Hit the escape key. 3. Click on the second video and allow to play for 30 seconds or so then click the video again to stop. 4. Hit the escape key.) Do you hear the similarities?  File Sharing Cases: LimeWire (2010) and Napster (2001) In both cases, the file sharing companies (i.e. LimeWire and Napster) were found to have enabled the sharing of files that were protected by copyrights Lesson: Pay for your music: It’s not fair to the copyright holder if you don’t ®  In recent years there have been two more notable file sharing cases (1) Arista Records LLC, et al. v. Lime Group LLC, et al. and (2) A&M Records, Inc. v. Napster, Inc.  Copyright Protection in the Music Industry Singers Song Writers – Record Labels – Broadcast Music, Inc. (BMI) – The American Society of Composers, Authors and Publishers (ASCAP)  Record labels protect singers by coordinating enforcement of copyright protection of sound recordings and music videos. BMI and ASCAP protect song writers, lyricists, composers, and music publishers by collecting license fees and distributing them to those members whose works have been performed.  Steps to Copyright Create Register Your Copyright – www.copyright.gov – Can be done electronically Send the Package to the Copyright Office – May not be necessary if you register online © 2010 U.S. Copyright Office  obtaining a registered copyright Now that we have learned all about copyrights, it’s time to learn the steps to actually obtain a registered copyright. Step 1 is to create. Compose a song, write a play, paint a picture, pen a poem, or express or creativity.  obtaining a registered copyright Step 2 is to register your copyright. Complete an application and make sure to include the correct filing fee. Also, make sure to include nonrefundable copies. The Copyright Office has moved to an electronic filing system. Thus, you can register your copyright online. Electronic filings are less expensive and processed more quickly than paper filings.  obtaining a registered copyright Step 3 is to send the package to the Copyright Office. The Copyright Office receives your package, and your registration becomes effective on that day. Approximately 2,400 submissions are received each business day.  obtaining a registered copyright The Copyright Office examines your application and your deposit to make sure they are acceptable and meet the requirements of the Copyright law and regulations. Your registration is assigned a number and a certificate of registration is issued. You receive that certificate in the mail about 4 months after you submit your package.  obtaining a registered copyright If you file electronically you may attached an electronic copy of your deposit. However, even if you register online, if the Library of Congress requires a hard-copy deposit of your work, you must send what the Library defines as the "best edition" of your work. The Copyright Act 1957 INDIAN PERSPECTIVES  Copyright in India First Act in 1914, followed by the Copyright Act 1957. 1957 Act: adopted many English provisions, introduced new ideas and concepts.  Copyright Act 1957 – Main Features Valid from 21 January 1958 Created Copyright Office and Copyright Board Introduced civil and criminal remedies against infringement  Copyright Act 1957 – Main Features (II) Performing rights societies’ rights (for instance, music royalties) Definition of categories in which copyright actually subsists International copyright Definition of infringement  Copyright (Amendment) Act 1983 and 1984 Objectives Berne and Universal Copyright Conventions  grant of compulsory licences by developing countries, publication by deceased authors 1984 Act: discouraging and preventing widespread video piracy.  Copyright (Amendment) Act 1992 Defined ambit of the Copyright Board’s powers Introducing special rights for performers Assignment and licences of copyright Rights of copyright owners  Term of Copyright Depends on nature of work/owner of copyright and whether the work has been published Most works: 60 years Broadcast Reproduction: 25 years Questions?