Intellectual Property Rights

copyright

SUBMITTED TO:Ms. Aditi Bhati

SUBMITTED BY:MANOJ KUMAR

B.B.A.LL.B (H)7TH SEMESTER

ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my teacher       Ms. Aditi 

Bhati who gave me the golden opportunity to do this wonderful project on the topic 

Copyright,  which also helped me in doing a lot of Research and I came to know 

about so many new things. I am really thankful to her.

Secondly I would also like to thank my parents and friends who helped me a lot 

in finalizing this project within the limited time frame.

Table of Contents Pg. no.

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Acknowledgment…………………….…………………………………………………………………………….…2

Table of Contents…………………….……….………………………………………………………………….…...3

Introduction………………………….…………………………………………………………………………………4

Purpose of Copyright………………………………………………………………………………………………..5

Different Types of Rights……….…………………………………………………………………………….……6

Copyright Duration…………………………………………………………………………………………………..7

International Copyright Treaties…..…………………………………………………………………….….….8

Exceptions & Limitations..............................................................................................................................9

Obtaining Copyright Protection…………………………………………………………………………………13

Bibliography…………………………………………………………………………………………………………….14

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INTRODUCTION

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive

rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but

limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that

copyright protects only the original expression of ideas, and not the underlying ideas themselves.

Copyright is a form of intellectual property, applicable to certain forms of creative work. Some, but not all

jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors,

each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights

holders. These rights frequently include reproduction, control over derivative works, distribution, public

performance, and "moral rights" such as attribution.

Copyrights are considered a territorial right, which means that they do not extend beyond the territory of a

specific jurisdiction. While many aspects of national copyright laws have been standardized

through international copyright agreements, copyright laws vary by country.

Typically, the duration of a copyright spans the author's life plus 50 to 100 years (that is, copyright typically

expires 50 to 100 years after the author dies, depending on the jurisdiction). Some countries require certain

copyright formalities to establishing copyright, but most recognize copyright in any completed work, without

formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do

apply criminal sanctions.

Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of

copyright and giving users certain rights. The development of digital media and computer network technologies

have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and

inspired additional challenges to copyright law's philosophic basis. Simultaneously, businesses with great

economic dependence upon copyright, such as those in the music business, have advocated the extension and

expansion of copyright and sought additional legal and technological enforcement.

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PURPOSE OF COPYRIGHT

In general, copyright is a form of legal protection given to content creators through the assignment of specific

rights to works that qualify for protection.

The main goals of copyright are to encourage the development of culture, science and innovation, while

providing a financial benefit to copyright holders for their works, and to facilitate access to knowledge and

entertainment for the public. Copyright provides a framework for relationships between the different players in

the content industries, as well as for relationships between rights holders and the consumers of content.

Copyright is a form of Intellectual Property, along with trademarks and patents in all countries, and other

creations (such as trade secrets, sui generis database rights, rights of publicity and the like) that may vary from

country to country.

When Copyright Protection Begins

One of the basic principles of the Berne Convention is that of “automatic protection”, which means that

copyright protection exists automatically from the time a qualifying work is fixed in a tangible medium (such as

paper, film or a silicon chip). A “qualifying work” is a literary work, a musical composition, a film, a software

program, a painting or any of many other expressions of creative ideas – but it is only the expression, and not the

idea, that is protected by copyright law. Neither publication, registration, nor other action is required to secure a

copyright, although in some countries use of a copyright notice is recommended, and in a few countries

(including the United States) registration of domestic works is required in order to sue for infringement.

What Is Protected By Copyright?

The Berne Convention provides that, at a minimum, copyright protection in all signatory countries should extend

to “literary and artistic works,” including “every production in the literary, scientific and artistic domain,

whatever may be the mode or form of its expression.”

The detailed list of categories of works that are protected by copyright – and the specific definition and scope of

each of them – may slightly vary from country to country, but it generally includes scientific articles, essays,

novels, short stories, poems, plays and other literary works; drawings, paintings, photographs, sculptures and

other two- and three-dimensional pieces of art; films and other audiovisual works; musical compositions;

software and others.

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DIFFERENT TYPES OF RIGHTS

Most national copyright laws recognize two different types of rights within copyright: Moral rights and

economic rights.

Moral rights refer to the idea that a copyrighted work is an expression of the personality and humanity of its

author or creator. They include:

The right to be identified as the author of a work,

The right of integrity (that is, the right to forbid alteration, mutilation or distortion of the work), and

The right of first divulgation (that is, making public) of the work.

Moral rights cannot always be transferred by the creator to a third party, and some of them do not expire in

certain countries.

Countries in the Anglo-American tradition, including the United Kingdom, the United States, Canada, Australia

and New Zealand, tend to minimize the existence of moral rights in favor of an emphasis on economic rights in

copyright.

Economic or exploitation rights recognize the right of the holder to use, to authorize use of, or to prohibit the use

of, a work, and to set the conditions for its use. Different specific uses (or “acts of exploitation”) of a work can

be treated separately, meaning that the rights holder can deal with each right (including using, transferring,

licensing or selling the right) on an individual type-of-use basis. Economic rights typically include:

The right of reproduction (for instance, making copies by digital or analog means),

The right of distribution by way of tangible copies (for example, selling, renting or lending of copies),

The right of communication to the public (including public performance, public display and dissemination over

digital networks like the Internet), and

The right of transformation (including the adaptation or translation of a text work).

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COPYRIGHT DURATION

Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several

factors, including the type of work (e.g. musical composition, novel), whether the work has been published, and

whether the work was created by an individual or a corporation. In most of the world, the default length of

copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing

works is a fixed number of years after the date of creation or publication. Under most countries' laws (for

example, the United States and the United Kingdom), copyrights expire at the end of the calendar year in

question.

The length and requirements for copyright duration are subject to change by legislation, and since the early 20th

century there have been a number of adjustments made in various countries, which can make determining the

duration of a given copyright somewhat difficult. For example, the United States used to require copyrights to be

renewed after 28 years to stay in force, and formerly required a copyright notice upon first publication to gain

coverage. In Italy and France, there were post-wartime extensions that could increase the term by approximately

6 years in Italy and up to about 14 in France. Many countries have extended the length of their copyright terms

(sometimes retroactively). International treaties establish minimum terms for copyrights, but individual countries

may enforce longer terms than those.

In the United States, all books and other works published before 1923 have expired copyrights and are in the

public domain. In addition, works published before 1964 that did not have their copyrights renewed 28 years

after first publication year also are in the public domain. Hirtle points out that the great majority of these works

(including 93% of the books) was not renewed after 28 years and is in the public domain. Books originally

published outside the US by non-Americans are exempt from this renewal requirement, if they are still under

copyright in their home country.

But if the intended exploitation of the work includes publication (or distribution of derivative work, such as a

film based on a book protected by copyright) outside the U.S., the terms of copyright around the world must be

considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all,

countries.

In 1998, the length of a copyright in the United States was increased by 20 years under the Copyright Term

Extension Act. This legislation was strongly promoted by corporations which had valuable copyrights which

otherwise would have expired, and has been the subject of substantial criticism on this point.

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INTERNATIONAL COPYRIGHT TREATIES

Several international treaties encourage reasonably coherent protection of copyright from country to country.

They set minimum standards of protection which each signatory country then implements within the bounds of

its own copyright law.

The oldest and most important treaty is the Berne Convention, first signed in 1886, revised many times in the

years since, and today ratified by more than 160 countries. Berne establishes minimum standards of protection

(types of works protected, duration of protection, scope of exceptions and limitations) as well as the principles of

“national treatment” (works originating in one signatory country are given the same protection in the other

signatory countries as each grants to works of its own nationals) and “automatic protection” (copyright inheres

automatically in a qualifying work upon its fixation in a tangible medium and without any required prior

formality).

First signed in 1996, the WIPO Copyright Treaty makes clear that computer programs and databases are

protected by copyright, and recognizes that the transmission of works over the Internet and similar networks is

an exclusive right within the scope of copyright, originally held by the creator. It also categorizes as copyright

infringements both (i) the circumvention of technological protection measures attached to works and (ii) the

removal from a work of embedded rights management information.

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) also entered into force in

1996, is administered by the World Trade Organization, and includes a number of provisions related to the

enforcement of IP rights. The TRIPS agreement says that national laws have to make the effective enforcement

of IP rights possible, and describes in detail how enforcement should be addressed.

Copyright Regulations in Europe

Efforts in the European Union to harmonize copyright law have resulted in a number of regulations, including

the 2001 Directive on Copyright in the Information Society.

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EXCEPTIONS AND LIMITATIONS

Exceptions and limitations to copyright are special cases defined by law where the general principle that the

prior authorization of the rights holder is necessary to make use of a work does not apply. That is, in the public

interest of maintaining a balance between the interests of rights holders and those of content users, copyright-

protected works may in some cases be used without the authorization of the rights holder.

Generally, exceptions and limitations to copyright are subject to a three-step test initially set out in the Berne

Convention and repeated in a number of other international agreements. Briefly stated, the Berne Convention

provides that an exception or limitation to copyright is permissible only if (1) it covers only special cases, (2) it

does not conflict with the normal exploitation of the work, and (3) it does not unreasonably prejudice the

legitimate interests of the author.

Within that standard, exceptions and limitations vary substantially from country to country in number and scope,

who is entitled to benefit from them, and whether or not they include an obligation to compensate the rights

holders whose rights are so limited.

Usually, the exceptions and limitations established in the law of a country do not cover acts of exploitation made

in private companies and/or for business purposes.

Fair Dealing and Fair Use

While most countries specifically identify the exceptions and limitations to copyright that they have created, the

United Kingdom and the United States have each created broad exceptions in their respective statutes.

In the United Kingdom and many of its former colonies (including Ireland, Canada, Hong Kong, Australia and

New Zealand), the principle of “fair dealing” covers a substantial scope of uses where prior permission is not

needed. The criteria for what is considered to be fair dealing are listed in the law in each of those countries,

without mentioning every specific possible use. In the United States (and, more recently, Israel, Poland and

possibly a few other countries), the concept of “fair use” covers certain uses that, on balance, are deemed not to

impinge on the rights of the copyright holder sufficiently, and/or are deemed to serve a sufficiently important

public-policy goal that they are permitted without the authorization of the copyright holder. The factors assessed

by a court to determine fair use are set forth in each country’s statute and case law.

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Fair Use in the United States

The concept of fair use can be confusing and difficult to apply to particular uses of copyright protected material.

Understanding the concept of fair use and when it applies may help ensure your compliance with copyright law.

Fair use is a uniquely U.S. concept, created by judges and enshrined in the law. Fair use recognizes that certain

types of use of other people’s copyright protected works do not require the copyright holder’s authorization. In

these instances, it is presumed the use is minimal enough that it does not interfere with the copyright holder’s

exclusive rights to reproduce and otherwise reuse the work.

Fair use is primarily designed to allow the use of the copyright protected work for commentary, parody, news

reporting, research and education. However, fair use is not an exception to copyright compliance so much as it is

a “legal defense.” That is, if you use a copyright protected work and the copyright owner claims copyright

infringement, you may be able to assert a defense of fair use, which you would then have to prove.

Section 107 of the United States Copyright Act lists four factors to help judges determine, and therefore to help

you predict, when content usage may be considered “fair use.”

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit

educational purposes. If a particular usage is intended to help you or your organization to derive financial or

other business-related benefits from the copyright material, then that is probably not fair use.

2. The nature of the copyrighted work. Use of a purely factual work is more likely to be considered fair use than

use of someone’s creative work.

3. The amount and substantiality of the portion used in relation to the copyright protected work as a whole. There

are no set page counts or percentages that define the boundaries of fair use. Courts exercise common-sense

judgment about whether what is being used is too much of — or so important to — the original overall work

as to be beyond the scope of fair use.

4. The effect of the use on the potential market for or value of the copyright protected work. This factor looks at

whether the nature of the use competes with or diminishes the potential market for the form of use that the

copyright holder is already employing, or can reasonably be expected soon to employ, in order to make money

for itself through licensing.

At one extreme, simple reproduction of a work (i.e., photocopying) is commonly licensed by copyright holders,

and therefore photocopying in a business environment is not likely to be considered fair use.

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At the other extreme, true parody is more likely to be considered fair use because it is unlikely that the original

copyright holder would create a parody of his or her own work.

While the factors above are helpful guides, they do not clearly identify uses that are or are not fair use. Fair use is

not a straightforward concept, therefore the fair use analysis must be conducted on a case-by-case basis.

Understanding the scope of fair use and becoming familiar with those situations where it applies and those where

it does not can help protect you and your organization from unauthorized use of copyright materials, however,

many individuals do not want this responsibility. Corporate copyright policies often provide guidelines for

determining whether a use may be considered fair use. Frequently, a complete risk analysis is required. Most

organizations prefer to follow the motto “when in doubt, obtain permission.”

Thousands of cases, and many books and articles have attempted to analyze fair use in order to define specific

examples.

Examples of Fair Use Include:

Quotation of excerpts in a review or criticism for purposes of illustration or comment.

Quotation of short passages in a scholarly or technical work for illustration or clarification of the author’s

observations.

Reproduction of material for classroom use where the reproduction was unexpected and spontaneous–for

example, where an article in the morning’s paper is directly relevant to that day’s class topic.

Use in a parody of short portions of the work itself.

A summary of an address or article, which may include quotations of short passages of the copyrighted work.

Public DomainThe public domain refers to works (i) no longer protected by copyright (that is, where the copyright has expired),

and (ii) belonging to categories of works not protected by copyright law.

In addition, in some countries (including the United States and, for certain purposes, the United Kingdom)

government works are defined by law as being in the public domain (not protected by copyright) from the

moment of their creation.

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Thus, differences in how national copyright laws define the duration of copyright and list the categories of works

protected, result in different definitions of the public domain on a country-by-country basis.

In Europe, the European Connect project has developed a helpful Public Domain Calculation tool.

PUBLIC DOMAIN IN THE UNITED STATES

The legal concept of the public domain as it applies to copyright law should not be confused with the fact that a

work may be publicly available, such as information found in books or periodicals, or on the Internet. The public

domain comprises all those works that are either no longer protected by copyright or never were.

Essentially, all works first published in the United States prior to 1923 are considered to be in the public domain

in the United States, as are works published between 1923 and 1963 on which copyright registrations were not

renewed. Materials created since 1989, other than those created by the U.S. federal government, are

presumptively protected by copyright. Therefore, the likelihood that materials of greatest interest are in the

public domain is low. In addition, you must also consider other forms of legal protection, such as trademark or

patent protection, before reusing third-party content.

Public domain materials generally fall into one of four categories:

1. Generic information, such as facts, numbers and ideas

2. Works whose copyrights have lapsed due to the passage of time or the failure of the copyright holder to renew

a registration (a requirement that applies to works created before 1978)

3. Works created prior to March 1989 that failed to include a proper notice of copyright

4. Works created by the U.S. federal government

Also, in rare instances, works may be “dedicated” (donated) to the public domain.

The First Sale DoctrineThe physical ownership of an item, such as a book or a CD, is not the same as owning the copyright to the work

embodied in that item.

Under the first sale doctrine (section 109 of the Copyright Act), ownership of a physical copy of a copyright-

protected work permits lending, reselling, disposing, etc. of the item, but it does not permit reproducing the

material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the copyright

holder, because the transfer of the physical copy does not include transfer of the copyright rights to the work.

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OBTAINING COPYRIGHT PROTECTION

Registration and Other Requirements

The way in which copyright protection is secured is frequently misunderstood. Copyright is secured

automatically when the work is created, and a work is “created” when it is fixed in a tangible form, such as the

first time it is written or recorded. Neither publication, registration or other action in the Copyright Office is

required to secure copyright, although registration is recommended.

The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. This

requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989.

Should the copyright holder elect to utilize a copyright notice, he/she may do so freely without permission from

or registration with the U.S. Copyright Office. In fact, the use of a copyright notice is recommended as it

reminds the public that the work is protected by copyright.

The notice for visually perceptible copies should contain all the following three elements:

The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”

The year of first publication of the work.

The name of the owner of copyright in the work (Example, © 2013 John Doe).

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BIBLIOGRAPHY

World Wide Web:-

https://en.wikipedia.org/wiki/Copyright http://copyright.gov.in/ http://www.copyright.com/learn/about-copyright/

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