copyright

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animation-station.photoimpact-international.comA Product of Creativity in Bloom Elexis Jones2011


It is a legal right (i.e. created by the law of a country)

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http://ncmbts.blogspot.com/2009/12/fathers-rights-and-violence-against.html


It is a legal right (i.e. created by the law of a country) Grants the creator of an original work exclusive rights to its use and distribution.

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It is a legal right (i.e. created by the law of a country) Grants the creator of an original work exclusive rights to its use and distribution.Usually for a limited time.

www.wired.com


It is a legal right (i.e. created by the law of a country) Grants the creator of an original work exclusive rights to its use and distribution.Usually for a limited time.With the intention of enabling the creator to receive compensation for their intellectual effort.

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1. Creation of statute : The Copyright Act of 1957 describes Copyright as a legal entity or law created by statute.

2. Monopoly right : Since only the owner has the right to publish , sell or communicate the work protected under copyright, this is a monopoly right.

3. Negative right : Copyright protects the intellectual property of a person and prohibits its use by another. Therefore it is a prohibitory or negative right.

4. Economic : The intellectual work of human beings can buy him daily bread and so, the right ensures that the person earns the deserved economic growth with the help of copyright.

5. Moral Right : The works protected under copyright, helps the creator in gaining name and fame . Therefore , the law is important in oral aspect also.

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**The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.

**The idea–expression divide differentiates between ideas and expression, and states that copyright protects only the original expression of ideas, and not the ideas themselves.

**This principle, first clarified in the 1879 and since then been codified by the Copyright Act of 1976


Applicable to any expressed representation of acreative work.

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Applicable to any expressed representation of acreative work.

imgkid.com www.goldderby.compov creative artwor

1. Literary works a. Translation : The word translation has not been defined in the Act . But

dictionay says “ reproduction in one language of a book , document or speech in another language” is “translation” Thus, If copyright subsists n the original work, the reproduction of the original work without the consent of the creator is illegal.

b. Historical works : Historical facts are not copyrightable but the way of presentation of the author is. So, if the author presents the historical facts in some manner, that manner is copyright protected but not the factual content.

c. Lecture : A lecture includes address and speech. Delivery of a lecture includes delivery by means of any mechanical instrument or broadcast. A lecture will be entitled to copyright only if it is reduced to writing before it is delivered.

1. Literary works d. Letters : Copyright subsist in private, commercial as well as Government

letters as they are a work of human mind or intellect.e. Dictionary , log tables and other facts : The preparation of dictionary on any

subject involves considerable amount of labor skill and judgment. Copyright would subsist in dictionary for arrangement, idioms, sequence or format of a dictionary.

In case of log tables, copyright cannot protect the content of the table since the values are universal and constant. But copyright subsist in the manner or format of presentation of the log tables and other factual informations.

2. Dramatic Works Acc to Section 2(h) a dramatic work includes any piece of recitation. choreographic work or entertainment in shows, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film

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3. Musical WorksCopyright is recognised in the original musical works under the provisions of section 13(1)(a).Section 2(p) defines musical work as work consisting of music and includes any graphical rotation of such work but does not include any words or any action, intended to be sung, spoken or performed with music.

Adaptation or alterations in musical work is also protected under copy right. Addition of new harmonies, rythms or forces is also copyright protected.

The music composer has a copyright over his own intellectual composition.

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3. Musical Works

Songs : There is no copyright in a song, the words of the song creates a

copyright whose owner is the author of the song or the lyricist while the music of the song is the copyright of the song. But the song itself has no copyright.

Old songs with remix version : The remix songs or the adaptation of a

musical work is not an infringement of the copyright law or the original music composition.

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3. Artistic works

According to section 2(c) Artistic works meansa. painting, a sculpture, a drawing including a diagram, map, chart or plan,

engraving on a photograph whether or not only such a work possesses artistic quality.

b. A work of architecture.c. Any other work of architecture craftsmanship.

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3. Artistic worksb. A work of architecture.

Section 2(b) provides that a work of architecture means any building or structure having an artistic character or design or any model for such building or structure.

c. Any other work of architecture craftsmanship It includes artistic works like hand painted tiles and stained glass windows

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•The ‘author’ and ‘owner’ are vital while deciding the copyright since copyright law clearly differentiates between the idea and the expression or application of the idea.•The originator of the idea is not the owner of the copyright.•Copyright simply belongs to the person who gives concrete form to the idea.

•For example : The person who gives an idea for a play or a book is not the owner of the idea , instead the person who writes the book or transforms the idea into expressible form is the owner of the copyright . N matter if the originator of idea was someone else.

According to provisions of section 17, the author of the work is the first owner of the copyright in the work. The clear definition of the ownership of copyright is stated in section 2(d).

It defines “author” in various relation to various categories of works as follows:

1. Literary or dramatic work, the author of the work

2. Musical works : The composer of the music and the lyricist are the copyright owners of their respective works.

3. Artistic works, other than the photographs, the owner is the artist.

4. Photograph, the person who takes photographs.

5. Cinematograph films, the producer is the owner.

6. Sound recording, the producer is the owner of the copyright.

7. Literary, dramatic, musical or artistic work which is computer generated, the person who causes the work to be created is the owner of the copyright

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Reproduction right

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Reproduction right

**The right to make copies of a protected work.

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piranhapa.com

Distribution right

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piranhapa.com

Distribution right

**The right to distribute orSell copies in public.

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Right to create adaptations : Derivative works

**The right to prepare new works based

on protected works.

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Right to create adaptations : Derivative works

**The right to prepare new works based

on protected works.

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Performance and display rights

**The right to perform protected

work in public.

metro.co.uk

www.improvizations.com

To the rule that the creator of a work owns the copyright



*If a work is created by an employee in the course of his or her employment, the

employer owns the copyright.

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www.microtek.ac.in

**If the creator has sold the entire copyright, the purchasing business or

person becomes the copyright owner.

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Duration varies depending upon the type of work and is different for different countries

www.theregister.co.uk

•Literary•dramatic,•musical and•artistic works

lifetime of the author + 60years from the beginning of the calendar year next following the year in which the author dies.

•Cinematograph films•Sound records•Government work•Public undertakings•International Agencies•photographs

until sixty years from the beginning of the calendar years next following the year in which the work is first published


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•Literary•dramatic,•musical and•artistic works

lifetime of the author + 70 years from the beginning of the calendar year next following the year in which the author dies.

•Computer generated literary work

until 50 years from the end of the calendar in which the work is first published


•Literary•dramatic,•musical and•artistic works•Joint ownership

lifetime of the author + 70 years from the beginning of the calendar year next following the year in which the author dies.

•Works made for hire

until 95 years from the end of the calendar in which the work is first published

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*"The Copyright Act, 1957, Term of Copy Right (Sec. 22-29)". vakilno1.com. Retrieved 2013-04-12

*Copyright in General – "I've heard about a 'poor man's copyright.' What is it?", U.S Copyright Office

*"Berne Convention for the Protection of Literary and Artistic Works Article 5". World Intellectual Property Organization. Retrieved 2011-11-18

*http://fairuse.stanford.edu/overview/faqs/copyright-ownership/

•Law relating to intellectual Property right; B.L. Wadhera•Fifth edition

www.lennypfeffer.com

copyright

Law

legal right

country copyright

negative right

expression ideaexpression

copyright imgkid

help of copyright

moral right

original expression