2.overview copyrights
TRANSCRIPT
-
8/12/2019 2.Overview Copyrights
1/36
1
An Overview of Copy-rights
-Dr .P. Sree Sudha.
-
8/12/2019 2.Overview Copyrights
2/36
Literary
Films
Dramatic
Musical
Sound Recording
Artistic
Copyright Act, 1957
-
8/12/2019 2.Overview Copyrights
3/36
Copyright protection is conferred on all Originalliterary, artistic, musical or dramatic,cinematograph and sound recording works.Original means, that the work has not beencopied from any other source. Copyrightprotection commences the moment a work iscreated, and its registration is optional.However it is always advisable to obtain aregistration for a better protection. Copyright
registration does not confer any rights and ismerely a prima facie proof of an entry inrespect of the work in the Copyright Registermaintained by the Registrar of Copyrights.As per Section 17 of the Act, the author orcreator of the work is the first owner ofcopyright. An exception to this rule is that, theemployer becomes the owner of copyright incircumstances where the employee creates awork in the course of and scope of employment.
.
-
8/12/2019 2.Overview Copyrights
4/36
Copyright registration is invaluable to acopyright holder who wishes to take acivil or criminal action against the
infringer. Registration formalities aresimple and the paperwork is least. Incase, the work has been created by aperson other than employee, it would benecessary to file with the application, a
copy of the assignment deed
-
8/12/2019 2.Overview Copyrights
5/36
One of the supreme advantages of copyrightprotection is that protection is available in
several countries across the world, althoughthe work is first published in India by reasonof India being a member of Berne Convention.Protection isgiven to works first published inIndia, in respect of all countries that are
member states to treaties and conventions towhich India is a member. Thus, withoutformally applying for protection, copyrightprotection is available to works first publishedin India, across several countries. Also, the
government of India has by virtue of theInternational Copyright Order, 1999,extended copyright protection to works firstpublished outside India.
-
8/12/2019 2.Overview Copyrights
6/36
Copyright law protects expressions of ideasrather than the ideas themselves. Undersection 13 of the Copyright Act 1957,
copyright protection is conferred on literaryworks, dramatic works, musical works, artisticworks, cinematograph films and soundrecording. For example, books, computerprograms are protected under the Act asliterary works.Copyright refers to a bundle of exclusiverights vested in the owner of copyright byvirtue of Section 14 of the Act. These rightscan be exercised only by the owner ofcopyright or by any other person who is dulylicensed in this regard by the owner ofcopyright. These rights include the right ofadaptation, right of reproduction, right ofpublication, right to make translations,communication to public etc.
-
8/12/2019 2.Overview Copyrights
7/36
ARTISTIC WORKS
A painting,sculpture,drawing,
engraving,.whether ornot possessingartistic quality
Any other work ofartisticcraftsmanship
-
8/12/2019 2.Overview Copyrights
8/36
8
WHAT IS COPYRIGHT?
Right to reproduce
Right to publish
Right to perform or communicate to public
Right to make film or sound recording
Right to make translation or adaptation
-
8/12/2019 2.Overview Copyrights
9/36
What is Copyrighted
Anything tangiblein a fixed form
Examples
Literary works, including software
Musical works, including accompanyingwords
Dramatic works, including accompanyingmusic
Pantomimes and choreographic works
Pictorial, graphic and sculptural works Motion pictures and other audiovisual works
Sound recordings
Architectural works
-
8/12/2019 2.Overview Copyrights
10/36
What is not Copyrighted
Works that have not been fixed in a tangible form ofexpression; for example, improvisational speeches orperformances that have not been written or recorded.
Titles, names, short phrases and slogans; familiar symbols
or designs; variations of typographic ornamentation,lettering or coloring; listing of ingredients or contents.
Ideal procedures, methods, systems , processes,concepts, principles, discoveries, or devices, asdistinguished from a description, explanation or illustration.
-
8/12/2019 2.Overview Copyrights
11/36
11
Following WORKS are protected under Copyright
Artistic
Literary
Musical
Cinematographic films (e.g. video films)
Sound Recording (e.g. audio tapes and compact discs)
WHAT IS PROTECTED
-
8/12/2019 2.Overview Copyrights
12/36
Indian perspective on copyrightprotection:
The Copyright Act, 1957 provides
copyright protection in India. It conferscopyright protection in the following twoforms:
(A) Economic rights of the author, and(B) Moral Rights of the author.
-
8/12/2019 2.Overview Copyrights
13/36
Economic Rights: The copyright subsists inoriginal literary, dramatic, musical andartistic works; cinematographs films andsound recordings. The authors of copyright inthe aforesaid works enjoy economic rights u/s14 of the Act. The rights are mainly, inrespect of literary, dramatic and
musical,
other than computer program, to reproducethe work in any material form including thestoring of it in any medium by electronicmeans, to issue copies of the work to thepublic, to perform the work in public or
communicating it to the public, to make anycinematograph film or sound recording inrespect of the work, and to make anytranslation or adaptation of the work
-
8/12/2019 2.Overview Copyrights
14/36
Moral Rights: Section 57 of the Actdefines the two basic moral rights of
an author. These are:(i) Right of paternity, and(ii) Right of integrity.
The right of paternity refers to a rightof an author to claim authorship of workand a right to prevent all others fromclaiming authorship of his work. Right ofintegrity empowers the author to prevent
distortion, mutilation or other alterationsof his work, or any other action inrelation to said work, which would beprejudicial to his honour or reputation.
-
8/12/2019 2.Overview Copyrights
15/36
Infringement of copyright
Restricted activity
Primary infringement Secondary Infringement
Causal connectionSubstantial copy
Facilitate infringement Dealing infringement
15
-
8/12/2019 2.Overview Copyrights
16/36
7/31/2014
Limits of permitted use Provision relating to permitted use of copyrighted work has been
laid down under section 52 of the copyright Act,1957 in the form of fair
dealing. In America it is known as Fair use". It is an exception toinfringement of Copyright. The object of fair dealing is to enable the
reproduction of the work to retain public purposes for encouragement of
private study and research and promotion of education. It provides
defenses in an action for infringement of copyright.
Fair dealing is an important concept in Indian copyright law.
However, despite its importance in the copyright regime and the
importance of the copyright regime to advancement of technology. the
concept remains relatively unexplored in India. It is integral part ofcopyright law. Fair dealing doctrine is akey part of the social bargain at
the heart of copyright law, in which as a society we concede certain
limited individual property rights to ensure the benefits of creativity to a
living culture
..
.Its object is to balance between authors right andpublic interest.16
-
8/12/2019 2.Overview Copyrights
17/36
Fair Dealing in Other Countries
United Kingdom
Australia
Canada
New Zealand
Singapore
17
-
8/12/2019 2.Overview Copyrights
18/36
International treaties/convention on permitted use
Berne Convention:-Three step test was devised forlimitation and exception for reproduction.
-It should be granted in certain special cases
-It should not conflict with the normal exploitation of
the work-It should not unreasonably prejudice the legitimate
interest of the author
TRIPS Agreement:-Three step test extended to all
exclusive rights conferred by copyright
18
-
8/12/2019 2.Overview Copyrights
19/36
WIPO Copyright Treaty,1996
use for the sole purpose for teaching and
research
quotation for criticism or review
use for reporting current events
use for judicial procedure.
use for visually and hearing impaired
people19
-
8/12/2019 2.Overview Copyrights
20/36
Basic principles of fair dealing
The purpose and character of the secondary use.
Nature of copyright work.
Amount and substantiality.
Effects on the market.
20
-
8/12/2019 2.Overview Copyrights
21/36
21
Fair dealing u/s.52 of Copyright Act
Private use, includingresearch
Criticism or review of thatwork or ..
Reporting current events
in a newspaper, For judicial proceeding
For legislature work
For certified copy made
under any law For reading in public
Use for education course
Amateur club and society
For current topic inperiodical
For use of libraries
Reproduction of
unpublished work For official
gazette,judgement of courts
Adaptation
Making sound recording incertain cases
Performance of a work inofficial ceremony
-
8/12/2019 2.Overview Copyrights
22/36
Other significant FAIR USE exception notprovided under the Act
For cinematograph film and sound recording
-No provision for research, teaching and private study
-No provision for reproduction in the course of a judicial
proceeding
-version recording or sound alike recording
No provision for archival use of literary, dramatic and musicalwork by a librarian or archivist
No provision for using of literary, dramatic, musical, artistic workfor charitable purpose
The Act overlooks the needs of the visually challenged section ofsociety
22
-
8/12/2019 2.Overview Copyrights
23/36
International Copyright
Protection Copyright protection rules are fairly similar worldwide,
due to several international copyright treaties, the
most important of which is the Berne Convention.Under this treaty, all member countries -- and there
are more than 100, including virtually all industrialized
nations -- must afford copyright protection to authors
who are nationals of any member country. This
protection must last for at least the life of the author
plus 50 years, and must be automatic without the
need for the author to take any legal steps to preserve
the copyright.
-
8/12/2019 2.Overview Copyrights
24/36
International Copyright
Protection In addition to the Berne Convention, the
GATT (General Agreement on Tariffs
and Trade) treaty contains a number of
provisions that affect copyright protectionin signatory countries. Together, the
Berne Copyright Convention and the
GATT treaty allow U.S. authors to
enforce their copyrights in mostindustrialized nations, and allow the
nationals of those nations to enforce
their copyrights in the U.S.
-
8/12/2019 2.Overview Copyrights
25/36
Indian Judiciary Response:
The response of Indian judiciary regardingcopyright protection can be grouped under the
following headings:(1) Ownership of copyright,
(2) Jurisdictional aspect,(3) Cognizance taken by the court,(4) Infringement of copyright,(5) Availability of alternative remedy, and(6) Rectification of copyright.
(1) Ownership of copyright: The ownership incopyright may vest in different persons underdifferent circumstances.
-
8/12/2019 2.Overview Copyrights
26/36
Copyright Infringement:
Direct Infringement: Direct infringement is a strictliability offence and guilty intention is not essential tofix criminal liability. The requirements to establish acase of copyright infringement under this theory are:(1) Ownership of a valid copyright; and
(2) Copying or infringement of the copyrighted workby the defendant.Thus, a person who innocently or even accidentallyinfringes a copyright may be held liable under theCopyright Act of the U.S. and under the laws ofvarious other countries. The guilty intention of the
offender can be taken into account for determiningthe quantum of damages to be awarded for thealleged infringement.
-
8/12/2019 2.Overview Copyrights
27/36
Contributory infringement: The contributory infringementpre-supposes the existence of knowledge andparticipation by the alleged contributory infringer. Toclaim damages for infringement of the copyright, theplaintiff has to prove:(1) That the defendant knew or should have known of theinfringing activity; and
(2) That the defendant induced, caused, or materiallycontributed to another persons infringing activity.Vicarious Infringement: Vicarious copyright infringementliability evolved from the principle of respondent superior.To succeed on a claim of vicarious liability for a direct
infringersaction, a plaintiff must show that the defendant:(1) Had the right and ability to control the direct infringersactions; and(2) Derived a direct financial benefit from the infringingactivity.
-
8/12/2019 2.Overview Copyrights
28/36
Internet and copyright infringement theories: The adventof information technology has made it difficult to applythe traditional theories to various cyberspace entities andorganizations. These cyberspace players can be groupedunder the following headings:(1) Internet Service Providers (ISPs),(2) Bulletin Board Services Operators (BBSO),(3) Commercial Web Page owner/operators, and(4) Private users.
-
8/12/2019 2.Overview Copyrights
29/36
7/31/2014
Cases on permitted use
Hubbard v. Vosper(1972)2 QB 84(CA)
Wiley Eastern ltd and Ors v. IIM
(1995)PTC375
Gramophone co. of India ltd. V. Supercassette industries ltd.(1995)PTR64
Eastern Book Company v. Navin J
Desai(2001)PTC57(Del) ESPN Stars Sports v. Global Broadcast News
ltd andOrs.2008(36)PTC(Del)
29
-
8/12/2019 2.Overview Copyrights
30/36
7/31/2014
Amendments proposed in 2010 relating topermitted use
The making of three dimensional objects fromtwo dimensional artistic works such as a
technical drawing
Provision relating to storing of any work in anyelectronic medium
Provision relating to reproduction of
cinematograph film and sound recording in
respect of judicial proceeding, legislature.. Provision for disabled person of society
other significant provision for the interest of
public 30
-
8/12/2019 2.Overview Copyrights
31/36
Unfairness in the fair use exception
There has not been any challenge to the Act before any judicialauthority in India till date relating to the adequacy of the fair use
provisions in view of the public interest in accessing the protected
works. Most of the decided cases relating to fair use in India have
raised the issue whether a particular use of a work amounts to fair use
under the Act.
The object of this section is to protect the public interest in
accessing the information contained in these works can not be
achieved if fair use provision are not adequate while the proposedamendments in 2010 attempt to restore the current imbalance that
exist in the Act.
31
-
8/12/2019 2.Overview Copyrights
32/36
7/31/20147/31/2014 32
Copyright - Digital Medium
Every accessible or published material on the
Internet is a 'copyrightable" work.
Protection is provided to all written text materials
graphic images, music and videos Graphic User Interface of a website also enjoys
Copyright protection
Insertion of sec.65A and 65B proposed byCopyright (Amendment)Bill,2010 will defeat the
concept of fair dealing
-
8/12/2019 2.Overview Copyrights
33/36
Digital rights management andCopyright
It is part of WIPO Copyright treaty
It protects copyright on internet like film, music,
computer games, E-books..
It is against the public interest
It is against the concept of fair dealing
By Copyright (Amendment) Bill, 2010 it is going to
be introduced under copyright Act, 1957
33
-
8/12/2019 2.Overview Copyrights
34/36
Suggestion on fair dealing forprotecting public interest
It must be dynamic in nature DRM should not be incorporated in our Act
There is need to evolve our own jurisprudence
according to need of our society
We need another R.G.Anand judgment
Judiciary must be given chance to interpret sec.
52 for balancing authors interest and public
interest
It must not be read as merely defenses of an
action for infringement of copyright rather it should
be read in respect of public interest
34
-
8/12/2019 2.Overview Copyrights
35/36
7/31/2014 35
Conclusion In conclusion it can be said that fair dealing doctrine is
the heart of copyright law. Its object is to balance publicinterest in respect of copyrighted work and legislature istrying to balance between public interest and individualinterest by amending section 52 time to time.
Lastly I would like to conclude by saying that, It isopportune for India to consider emulating the internationalcopyright practice to accommodate certain widely
recognized exception to enrich our copyright jurisprudenceand keep it abreast with international practice
Thanks! Always honour the IP
Thanks ! Always honour the IP
-
8/12/2019 2.Overview Copyrights
36/36
Questions
Comments
Discussion