copyrights bel

8/3/2019 Copyrights Bel

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COPYRIGHTSThe Copyrights Act, 1957


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Meaning of Copyright? Word copy means transcript, limitation,

reproduction of an original writing, paintinginstrument or the like.

Copyright is the right in literacy property asrecognized and sanctioned by positive law.

Copyright is an exclusive right given by law

for a certain term of years to an author,composer etc. to print, publish and sell copiesof his original work.


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Characteristics of Copyright Creation of a statute

Some form of intellectual property

Monopoly right

Negative right

Multiple rights

Copyright only in form not in idea

Neighbouring rights.


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Requirement of copyright The author must have bestowed upon the work

sufficient judgement skill and labour or capital.

It is immaterial whether the work is wise or foolish,accurate or inaccurate, or whether it has or has not

any literary merit.

The owner of a copyright has no monopoly in the

subject matter. There is no provision of original in copyright act.


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Works in which copyright subsists Original literary, dramatic, musical

and artistic works

Cinematograph firms

Sound recordings.


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Literary work includes computer programmes,tables, compilations including computerdatabases .

Dramatic work includes any piece forrecitation, choreographic work orentertainment in a dumb show, the scenic

arrangement or acting form of which is fixedin writing or otherwise but does not includecinematograph film.


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Artistic work means a painting, a sculpture, adrawing, an engraving or a photograph.

Cinematograph film means any work of usualrecording on any medium produced through aprocess from which a moving image may beproduced by any means

A sound recording construed as including anywork produced by any process analogous tocinematography including video films.


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Adaptation of Literary Work1. Abridgement of Literary Work

2. Translation

3. Report of Judicial Proceedings4. Head notes of Law Reports

5. Historical Works

6. Lectures7. Letters

8. Titles of books, cartoons or other Literary matter


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9. Shorthand writers transcripts

10. Questionnaire for collecting statistical

information11. Catalogues

12. Dictionaries

13. Compilations, directories, who is who

14. New editions of existing work

Adaptation of Literary Work


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15. Collective work

16. Computer programme

17. Television programmes18. Pocket diaries, Calendars

19. Tambola ticket books

20. Single word21. Code words for cabling purposes

22. Question papers set for examination



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23. Research thesis and dissertation

24. Parodies

25. News and newspaper prcis.



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Term of copyright

For any literary, dramatic, musical or artistic

work published within the lifetime of the

author until 60 years from the beginning ofthe calendar year next following the year in

which the author dies.

Copyright for a cinematograph film: 60 yearsfrom the date of release.


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Licences

Licence by owners of copyright

Compulsory licence in works withheld from public:

(a) Owner has refused to republish or allow therepublication of the work or has refused to allowthe performance in public

(b) Has refused to allow communication to the publicby broadcast of such work or in the case of a soundrecording the work recorded in such soundrecording, on terms which the complainantconsiders reasonable.


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Compulsory Licence in unpublished

Indian works.

Where in the case of an Indian work, the author is

dead or unknown or cannot be traced or the owner of

the copyright in such work cannot be found.

Licence to produce and publish translation

Any person may apply to the copyright board for a

licence to produce and publish a translation of

literary or dramatic work in any language after aperiod of 7 years for the first publication of work.


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Copyright Societies

Registration of a copyright society

Administration of rights of owner by

copyright society Payment of remuneration by copyrights

society

Control over the copyright society by theowner of rights.


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Rights of Broadcasting

Organisation and of Performers Broadcasting reproduction rights

Performers right


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Broadcasting reproduction rightsInfringement of Broadcasters rights

Re-broadcast the broadcast

Causes the broadcast to be heard or seen by the

public on payment of any charges Makes any sound recording or visual recording of

the broadcast

Makes any reproduction of such initial recording or

visual recording where such initial recording wasdone without licence

Sells or hires to the public, or offers for such sale orhire, any such sound recording or visual recording.


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Performers rights

Infringement of performers rights

Makes a sound recording or visual recording

of the performance. Reproduces a sound recording or visual

recording of the performance which was made

without the performers consent.


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Act not constituting infringement of a performers rights:

(a) The making of any sound recording of or visual recording

for private use of the person making such recording orsociety for the purpose of bonafide teaching or research, or

(b) Fair dealing of excerpts of a performance in the reporting ofcurrent events, for a bonafide review teaching or research

(c) Other acts with any necessary adaptations and modificationswhich do not constitute infringement of copyright


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Infringement of copyrights


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Infringement in literary, dramatic and

musical works

To reproduce the work in any material form

including the storing of it in any medium by

electronic means

To issue copies of the work to the public not being

copies already in circulation

To perform the work in public or communicate it to

the public To make any cinematograph film or sound recording

in respect of the work


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To make any translation of the work

To make any adaptation of the work

To do in relation to a translation or adaptation of thework, any thing above

To permit for profit any place to be used forcommunication of the work, where suchcommunication amounts to be an infringement

To make infringing copies of he work for sale or forhire or letting for hire or display or offers for sale orhire.


musical works


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To distribute infringing copies either for the purpose

of trade or to such an extent as to effect prejudicially

the owner of the copyright

To exhibit infringing copies by way of trade to the

public

To import into India infringing copies by way of

trade to the public In respect of a computer programme which is a form

of literary work.


musical works


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Test of infringement

There must be sufficient objective similarity

between infringing work and the copyright

work or a substantial part The copyright work must be the source from

which infringing work is derived.


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Provisions in respect of

infringement.(a) In literary work

(b) Musical work

(c) Artistic work(d) Cinematograph film

(e) Sound Recording.


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Infringement in Certain Literary Works

Dictionaries, directories, school text books

and books on law and science

Historical work Commentaries on Acts, Law Books

Students guide prepared from text books

Other factual representations.


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Infringement of Musical Work

Adaptation of a musical work is on infringement.

Remix versions of popular Hindi songs are not

infringement.

If all the bars of the musical note are copied, then it

would be infringement

Judges own inference

Expert evidence

Performance in public.


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Infringement in Artistic Work To produce the work in any material form

To communicate the work to the publiccommunication of the work to public means

Communication through satellite or cable To issue copies of the work to the public not being

copies already in circulation

To include the work in any cinematograph film

To make an adaptation of the work To do in relation to an adaptation of work any

activities as stated above.


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Infringement in case of Photograph

Drawings

Architectural drawings

Industrial drawings


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Infringement of Cinematograph Film

Films on live events

Video films

Film based on other films

Cinematograph film on a stage play

Single frame (shot) from a film.


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Infringement of sound recording.

Home taping of sound recording

Broadcasting agencies such as television and

Radio must obtain a licence for the purpose ofbroadcasting from the recording company.


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Remedies against infringementCivil Remedies

Criminal Remedies

Administrative remedies


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Kinds of civil remedies

Anton Pillar Order

Order allowing the plaintiff to enter in the

defendants premises and make inspection of

relevant documents and articles and take copies

thereof.

This order is passed when the court proceedings are

to take a long time. When the plaintiff makes fullest possible disclosure

of all material facts.


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Kinds of civil remedies

Interlocutory injunctions

Granted when:

A prima facie case

Balance of convenience is in favour of plaintiff

The refusal to grant interlocutory injunction

would case irreparable injury to plaintiff


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Refused when:

The interest of the plaintiff can be protected byordering defendant ot keep an account of profits

The defendant has pleaded and established bonafidefair dealing

The plaintiff has been guilty of undue delay incoming to the court

His conduct amounted to acquiescence in theinfringement

There is substantial doubt about the plaintiffs rightto succeed in the action.


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Criminal Proceedings Against

Infringement.

Minimum period of imprisonment of six

months to a maximum period of three years.

Fine of Rs. 50,000/- to Rs. 2,00,000/-


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Procedure for registration


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Steps for registration The person applying for a copyright has to give

notice of his application to every person who claimsor has an interest in the subject matter of copyright

If no objection to such registration is received byregistrar within 30 days, he shall enter the particularsin the register of copyrights

If objection is received, he shall raise inquiry and doas he deems fit.

The registrar of copyrights shall as soon, as may besent wherever practicable a copy of the entries madein the register to the parties concered.


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Regulatory Authorities in

Copyright Act.Registrar of Copyrights

The copyrights Board.


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Functions of the Copyright Board

The copyright Board is to decide whether a work hasbeen published on the date on which the work waspublished for the purpose of determining the term of

copyright To decide whether the term of copyright for any

work is shorter in any other country

To settle disputes arising out of assignment of

copyright To consider the grant of compulsory licences to

publish the unpublished works.


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To consider the grant of compulsory licences inrespect of Indian works withheld from public

To consider the grant of compulsory licences to

produce and publish translation of literary anddramatic works

To consider the grant of compulsory licences topublish certain scientific or artistic works

To consider the rectification of the register on theapplication of any aggrieved person or the registrarof copyrights.

Functions of the Copyright Board


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COPYRIGHTSThe Copyrights Act, 1957

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