copyrights final

8/9/2019 Copyrights Final

1/59

Introduction

The Copyright Act, 1957 came into effect from January 1958. This Act has been

amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999, with the amendment of

1994 being the most substantial. Prior to the Act of 1957, the Law of Copyrights in the country

was governed by the Copyright Act of 1914. This Act was essentially the extension of the British

Copyright Act, 1911 to India. Even the Copyright Act, 1957 borrowed extensively from the new

Copyright Act of the United Kingdom of 1956. The Copyright Act, 1957 continues with the

common law traditions. Developments elsewhere have brought about certain degree of

convergence in copyright regimes in the developed world.

The Indian Copyright Act today is compliant with most international conventions and

treaties in the field of copyrights. India is a member of the Berne Convention of 1886 (as

modified at Paris in 1971), the Universal Copyright Convention of 1951 and the Agreement on

Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995. Though

India is not a member of the Rome Convention of 1961, the Copyright Act, 1957 is fully

compliant with the Rome Convention provisions.

Two new treaties, collectively termed as Internet Treaties, were negotiated in 1996 under

the auspices of the World Intellectual Property Organization (WIPO). These treaties are

called the WIPO Copyrights Treaty (WCT) and the WIPO Performances and

Phonograms Treaty (WPPT). These treaties were negotiated essentially to provide for

protection of the rights of copyright holders, performers and producers of phonograms in the

Internet and digital era. India is not a member of these treaties; amendments are being mooted to

make Act in compliant with the above treaties in order to provide protection to copyright in the

digital era.


2/59

Intellectual Property Rights

Definition

Intellectual property (IP) is a term referring to a number of distinct types of legal

monopolies over creations of the mind, both artistic and commercial, and the corresponding

fields of law.

Under intellectual property law, owners are granted certain exclusive rights to a variety of

intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and

words, phrases, symbols, and designs. Common types of intellectual property include copyrights,

trademarks, patents, industrial design rights and trade secrets in some jurisdictions. Every nation

has framed their own intellectual property laws. But on international level it is governed by the

World Intellectual Property Organization (WIPO).

WIPO

The World Intellectual Property Organization (WIPO) is a specialized agency of the

United Nations. It is dedicated to developing a balanced and accessible international intellectual

property (IP) system, which rewards creativity, stimulates innovation and contributes to

economic development while safeguarding the public interest.

WIPO was established by the WIPO Convention in 1967 with a mandate from its

Member States to promote the protection of IP throughout the world through cooperation among

states and in collaboration with other international organizations. Its headquarters are in Geneva,

Switzerland. The Director General is Francis Gurry. The WIPO convention lays down following

list of the activities or work which are covered by the intellectual property rights -

y Industrial designsy Scientific discoveriesy Protection against unfair competitiony Literary, artistic and scientific worksy Inventions in all fields of human endeavor


3/59

y Performances of performing artists, phonograms and broadcastsy Trademarks, service marks and commercial names and designationsy All other rights resulting from intellectual activity in the industrial, scientific, literary or

artistic fields.


4/59

History

The concept appears to have made its first appearance after the French revolution.

Modern usage of the term intellectual property goes back at least as far as 1888 with the

founding in Berne of the Swiss Federal Office for Intellectual Property. The concept's origins can

potentially be traced back further. Jewish law includes several considerations whose effects are

similar to those of modern intellectual property laws, though the notion of intellectual creations

as property does not seem to exist.

The importance of copyright was recognized only after the invention of printing press,

which enabled the large production of books in large quantity practicable. In India the first

legislation of its kind, the Indian Copyright Act, was passed in 1914, which was mainly based on

the United Kingdom Copyright Act, 1911. During the five decades modern and advance means

of communications like broadcasting, litho-photography, television etc., have made roads in the

Indian economy. So there was the need of new more powerful law, which can protect the rights

of copyright owners or original creators. So new Act was enacted by the parliament of India,

which was based on the Berne convention and universal copyright declaration. This Act is

known as the copyright Act, 1957, which is suitably amended again in the 1999 according to the

prevailing situation in the India and around the world. In the field of copyright, India as a

signatory to the Berne Convention and the International Copyright Order, 1958, which is nowreplaced by the International Copyright Order of 1991. It provides the same protection to

nationals of member States as its own nationals. The States so covered are the Berne Convention

signatories, the Universal Copyright Convention countries and the Phonograms Convention

countries.


5/59

Types of Intellectual Property Rights

Intellectual Property Rights signifies to the bundle of exclusionary rights which can be further

categorized into the following heads-

Copyright

Copyright, one of the form of intellectual property right, offers exclusive rights for

protecting the authorship of original & creative work like dramatic, musical and literary in

nature.

Patent

A patent is termed as the exclusionary rights given by the government or the authorized

authority to its inventor for a particular duration of time, in respect of his invention. It is the part

of the intellectual property right, which connotes with all those rights which are granted to any

person for protecting its invention, process, discovery, composition or new useful development

etc. from its further usage without any authentication.

Trademark

The trademark or trade mark is the distinctive sign or indication which is used for

signifying some kind of goods or/and services and is distinctively used across the business

organization or by an individual for identifying and uniquely classifying the source or their

products and/or services among consumers and making a distinction of its products or services

from the other entities.

Trade Secrets

Trade secret points towards a formula, pattern, any instrument, design which is kept

confidential and through which any business or trade can edge over its rival and can enjoyeconomic gain. Trade secrets can be anything from a chemical compound, manufacturing

process, design or preserving materials or even a list of consumers or clients.


6/59

Utility Model

The utility model is the intellectual property right for protecting the inventions. It is

somehow described as the statutory monopoly which is bestow upon for the fixed duration of

time in exchange to the inventor for the offering of the sufficient teaching of the invention and

permitting the other person, possessing the ordinary skills of the relevant art, of performing the

invention.

Geographical Indication

Geographical Indication (GI) signifies to the name or sign, used in reference to the

products which are corresponding to the particular geographical area or somewhat related to the

origin like town, region or nation. Thus GI grants the rights to its holder which acts as the

certification mark and shows that the specified product consists of the some qualities and is

enjoying good reputation due to its origin from the specified geographical location.

Industrial Design Rights

Industrial design rights are defined as the part of the intellectual property rights which

confers the rights of exclusivity to the visual designs of objects which are generally not popular

utilitarian. It safeguards the appearance, style, design of the industrial object such as spare parts,

textiles, furniture.


7/59

Importance of Intellectual Property

Intellectual property protection is the key factor for economic growth and advancement in

the high technology sector. They are good for business, benefit the public at large and act as

catalysts for technical progress. Whether IPRs are a good or bad thing, the developed world has

come to an accommodation with them over a long period. Even if their disadvantages sometimes

outweigh their advantages, by and large the developed world has the national economic strength

and established legal mechanisms to overcome the problems so caused. Insofar as their benefits

outweigh their disadvantages, the developed world has the wealth and infrastructure to take

advantage of the opportunities provided. It is likely that neither of these holds true for developing

and least developed countries.


8/59

International Copyright

Copyright protection is given only to work first published in India irrespective of the

nationality of the Author except whether Author is a foreign national whos country does not

give copyright protection to the works of Indian Authors to the extent available in the home

country on a reciprocal basis. Since India is a member of Berne Convention and the universal

copyright convention, copyright protection is granted to works published in the member country

of this convention which cover practically all countries of the world.

Works of International organization like the United Nation Organization and its

specialized agency are granted copyright protection in India irrespective of place of publication,

provided they are 1st

Published by the international organization and there is no copyright for the

work in India at the time of publication and any copyright in the work belongs to the

organization.

Works of foreign authors first published in India will be granted protection in India on a

reciprocal basis ie. Provided similar protection is granted to Indian authors.


9/59

Copyright

Copyright is a form of intellectual property protection granted under Indian law to the

creators of original works of authorship such as literary works (including computer programs,

tables and compilations including computer databases which may be expressed in words, codes,

schemes or in any other form, including a machine readable medium), dramatic, musical and

artistic works, cinematographic films and sound recordings.

Copyright law protects expressions of ideas rather than the ideas themselves. Under

section 13 of the Copyright Act 1957, copyright protection is conferred on literary works,

dramatic works, musical works, artistic works, cinematograph films and sound recording. For

example, books, computer programs are protected under the Act as literary works.

Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue

of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any

other person who is duly licensed in this regard by the owner of copyright. These rights include

the right of adaptation, right of reproduction, right of publication, right to make translations,

communication to public etc.

Copyright protection is conferred on all Original literary, artistic, musical or dramatic,

cinematograph and sound recording works. Original means, that the work has not been copied

from any other source. Copyright protection commences the moment a work is created, and its

registration is optional. However it is always advisable to obtain a registration for a better

protection. Copyright registration does not confer any rights and is merely a prima facie proof of

an entry in respect of the work in the Copyright Register maintained by the Registrar of

Copyrights.

As per Section 17 of the Act, the author or creator of the work is the first owner ofcopyright. An exception to this rule is that, the employer becomes the owner of copyright in

circumstances where the employee creates a work in the course of and scope of employment.

Copyright registration is invaluable to a copyright holder who wishes to take a civil or criminal

action against the infringer. Registration formalities are simple and the paperwork is least. In


10/59

case, the work has been created by a person other than employee, it would be necessary to file

with the application, a copy of the assignment deed.

One of the supreme advantages of copyright protection is that protection is available in

several countries across the world, although the work is first published in India by reason of

India being a member of Berne Convention. Protection is given to works first published in India,

in respect of all countries that are member states to treaties and conventions to which India is a

member. Thus, without formally applying for protection, copyright protection is available to

works first published in India, across several countries. Also, the government of India has by

virtue of the International Copyright Order, 1999, extended copyright protection to works first

published outside India.


11/59

Indian perspective on copyright protection:

The Copyright Act, 1957 provides copyright protection in India. It confers copyright

protection in the following two forms:

(A) Economic rights of the author, and

(B) Moral Rights of the author.

(A) Economic Rights: The copyright subsists in original literary, dramatic, musical and artistic

works; cinematographs films and sound recordings. The authors of copyright in the aforesaid

works enjoy economic rights u/s 14 of the Act. The rights are mainly, in respect of literary,

dramatic and musical, other than computer program, 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, to perform the work in public or communicating it to the public, to make any

cinematograph film or sound recording in respect of the work, and to make any translation or

adaptation of the work. In the case of computer program, the author enjoys in addition to the

aforesaid rights, the right to sell or give on hire, or offer for sale or hire any copy of the computer

program regardless whether such copy has been sold or given on hire on earlier occasions. In the

case of an artistic work, the rights available to an author include the right to reproduce the work

in any material form, including depiction in three dimensions of a two dimensional work or in

two dimensions of a three dimensional work, to communicate or issues copies of the work to the

public, to include the work in any cinematograph work, and to make any adaptation of the work.

In the case of cinematograph film, the author enjoys the right to make a copy of the film

including a photograph of any image forming part thereof, to sell or give on hire or offer for sale

or hire, any copy of the film, and to communicate the film to the public. These rights are

similarly available to the author of sound recording. In addition to the aforesaid rights, the author

of a painting, sculpture, drawing or of a manuscript of a literary, dramatic or musical work, if he

was the first owner of the copyright, shall be entitled to have a right to share in the resale price of

such original copy provided that the resale price exceeds rupees ten thousand.


12/59

(B) Moral Rights: Section 57 of the Act defines 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 right of an author to claim authorship of work and a right

to prevent all others from claiming authorship of his work. Right of integrity empowers the

author to prevent distortion, mutilation or other alterations of his work, or any other action in

relation to said work, which would be prejudicial to his honour or reputation. The proviso to

section 57(1) provides that the author shall not have any right to restrain or claim damages in

respect of any adaptation of a computer program to which section 52 (1)(aa) applies (i.e. reverse

engineering of the same). It must be noted that failure to display a work or to display it to thesatisfaction of the author shall not be deemed to be an infringement of the rights conferred by

this section. The legal representatives of the author may exercise the rights conferred upon an

author of a work by section 57(1), other than the right to claim authorship of the work.


13/59

Importance of Copyright

Copyright ensures certain minimum safeguards of the rights of authors over their

creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress,

no civilized society can afford to ignore the basic requirement of encouraging the same.

Economic and social development of a society is dependent on creativity. The protection

provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects

and producers of sound recordings, cinematograph films and computer software, creates an

atmosphere conducive to creativity, which induces them to create more and motivates others to

create.

Objective of Copyright

The object of copyright law is to encourage Authors, composers, Artists and Designers to

create original work by rewarding them with the exclusive right for a limited period to exploit

the work for monetary gain. The economic exploitation is done by licensing such exclusive right

to entrepreneur like publishers, film producer and record manufacturer for a monetary

consideration. People who economically exploit the copyright are the greater beneficiaries of the

copyright law than the creator of the copyright works

Scope of copyright

Copyright is a creation of the statute. No person is entitled to copyright or any other

similar right in any work except those provided under the Copyright Act. Copyright law is, in

essence, concerned with the negative right of preventing copying of physical material existing in

the field of literature and the arts. Its object is to protect the writer or the creator of the original

work from the authorized production or exploitation of his materials. The right also extends to

prevent others, from exercising without authority any other form of right attached to copyright,

for example, in a case of literary work the right of making a dramatic version, cinematography

version, translation, adaptation.


14/59

Duration of Copyright

The general rule is that copyright lasts for 60 years. In the case of original literary,

dramatic, musical and artistic works the 60-year period is counted from the year following the

death of the author. In the case of cinematograph films, sound recordings, photographs,

posthumous publications, anonymous and pseudonymous publications, works of government and

works of international organizations, the 60-year period is counted from the date of publication.


15/59

Rights of Copyright holders

Under The Copyright Act the granted five exclusive rights of a copyright holder are:

y The right to reproduce the copyrighted work;y The right to prepare derivative works based upon the work;y The right to distribute copies of the work to the public;y The right to publicly perform the copyrighted work; andy The right to publicly display the copyrighted work.

1. The reproduction right is perhaps the most important right granted by The Copyright Act

(Bitlaw, 2004). Under this right, no one other than the copyright owner may make any

reproductions or copies of the work (Bitlaw, 2004). Such examples of unauthorised acts which

are prohibited under the reproduction right include photocopying a book, plagiarising a computer

software program, using a cartoon character on a t-shirt, and incorporating a portion of another

song into a new song.

2. The right to make a derivative work often overlaps with the reproduction right. Bitlaw (2004)

says a derivative work usually involves a type of transformation, such as the transformation of a

novel into a motion picture. An example of derivative work in the computer industry is a second

version of a software program, this is generally considered a derivative work based upon the

earlier version.

3. The distribution right grants to the copyright holder the exclusive right to make a work

available to the public by sale, rental, lease, or lending (Bitlaw, 2004). This right allows the

copyright holder to prevent the distribution of unauthorised copies of a work. In addition, the

right allows the copyright holder to control the first distribution of a particular authorised copy

(Bitlaw, 2004).

4. The public performance right allows the copyright holder to control the public performances

of the certain copyrighted works (Bitlaw, 2004). Under the public performance right, a copyright


16/59

holder is allowed to control when the work is performed publicly. A performance is considered

public when the work is performed in a place open to the public or at a place where a substantial

number of persons outside of a normal circle of family and its social acquaintances are gathered

(Heinemann Australian Dictionary, 1990, p.852).

5. The public display right is similar to the public performance right, except that this right

controls the public display of a work (Bitlaw, 2004). The definition of when a work is displayed

publicly is the same as that described above in connection with the right of public performance.


17/59

Works in which copyright subsists- section 13

a)

original literary, dramatic, musical and artistic works,b) cinematography films andc) sound recordings

Literary works includes computer program tables, compilations including computer databases-

s.2(o).

Dramatic works include any piece for recitation, choreographic work or entertainment in dumb

shows, the scenic arrangements or acting, form of which is fixed in writing or otherwise but doesnt

include a cinematographic film- s.2(h).

Musical workmeans a work consisting of music and includes any graphical notation of such work,

but doesnt include any words or any action intended to be sung, spoken or performed with the music-

s.2(p).

Artistic workmeans a painting, a sculpture, a drawing(including a diagram, map, chart or plan), and

engraving or a photograph, whether or not any such work possesses artistic quality; a work of

architecture and any other work of artistic craftsmanship-s.2(c). a work of architecture means any

building or structure having an artistic character or design, or any model for such building or

structure-s.2(b).

Engravings includes etchings, lithographs, woodcuts, prints and other similar works, not being

photographs-s.2(hh) (i).

Photographs include photo, lithographs and any work produced by any process analogous to

photography but doesnt include any part of cinematography film-s.2(s).

Work of sculpture includes castes and models-s.2(za).

Sound recording means a recording of sounds from which such sounds may be produced regardless

of the medium on which such recording is the method by which the sounds are produced-2(xx).


18/59

Qualification for copyright subsistence-section 13(2).

In order to qualify the copyright works, apart from being original, should also satisfy the following

conditions-

1) The work is first published in India.2) In case of an unpublished work, the author is on the date of making of the work. Citizen of India

or domicile of India. This doesnt apply to works of architecture.

3) In case of the work of architecture, the work is located in India.


19/59

Workflow for registration of copyright


20/59

Author and Ownership of copyright

Statutory provisions- sections 2(d) and 17

Author may create a work on his own behalf or at the instance of another person for valuable

consideration or in the course of employment by another person. In the first case, the author is the owner

of the copyright in the work. In the second case, in the absence of any agreement to the contrary, the

person at whose instance the work is made is the owner of the copyright work. In the third case, the

ownership depends upon the nature of employment.

Who is the author?

As to who is the author of the work depends upon the nature of the work. In case of literary, or

dramatic work, the author of the work is the person who creates the work. The author of the musical work

is the composer. In case of artistic work, except a photograph the author is the artist. The author of the

photograph is the person who takes the photograph. In case of the cinematograph film, the author is the

producer of the film at the time of completion. The author of a sound recording is a producer. In case of

any literary, dramatic, musical or artistic work which is computer generated is the person who creates the

work.

Nationality requirement for ownership

Where the work is first published in India, there is no nationality requirement for subsistence of

copyright. If the work is 1st published outside India, the author must be a citizen of India at the time of

publication. If alive at that date or if dead at the time of death in case of unpublished work the author must

be citizen of India or a domicile of India at the time of making the work.


21/59

Infringement of Copyright

The owner of a copyright work has the exclusive right to do certain acts inrespect of the

work. If any person does any of these acts without authority he will be committing an

infringement of the copyright of the work. The nature of the rights depends upon the nature of

the work. Reproduction of the work in any material form, performance of the work in public and

communication of the work to the public in certain forms are the usual methods by which the

copyright in any work is commercially exploited for profit If any person without authority

commercially exploits the work for profit he will be infringing the copyright. There are three

types of remedies available against infringement of copyrights; namely civil, criminal andadministrative. The copyright work can be used for certain specified purposes without

committing an infringement.

Definition of infringement section51

Copyright in any field is deemed to be infringed,

(a) when any person without a licence from the owner of the copyright, or theregistrar of copyright,or in contraventions of the conditions of a licence granted or any condition

imposed by a competent authority under the Act:

i)does anything, the exclusive right to do which is conferred upon the owner of thecopyright, or

ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work,

unless he was not aware and had no reasonable ground for believing that such communication to

the public would be an infringement of copyright, or

(b) where a person,

(i) makes for sale or hire,or sells or lets for hire or by way of trade displays or

offers for sale or hire any infringing copies of the work ,or


22/59

(ii)distributes, either for the purpose of tradeor to such an extent as to affect

prejudicially the owner of the copyright, any infringing copies of the work,or

(iii)exhibits to public by way of trade any infringing copies of the work, or

(iv)imports into India any infringing copies of the work except one copy of any work,

for the private and domestic use if the importer.

Essentials ingredients of infringement

Depending upon the kind of copyright work, infringement involves one or more of the

following acts:

(1) reproduction of work in a material form,(2) publication of the work,(3) communication of the work to the public,(4) performance of the work in public,(5) making of adaptations and translations of the work and doing any of the above

acts in relation to a substantial part of the work.

(1) Propositions relating to infringement

(1) There can be no copyright in an idea, subject-matter, themes, plots or historical orlegendary facts and violation of the copyright in such cases is confide to the form, manner

ans arrangement and expression of the idea by the author of the copyright work.

(2) One of the surest and safest test to determine whether or not there has been a violation ofcopyright is to see whether the spectator or the viewer after having read or seen both the

works is clearly of the opinion and gets an unmistakable impression that the subsequent

work appears at be a copy of the original

(3) Where the theme is the same bit is presented and treated differently so that the subsequentwork becomes a completely new work, no question of violation of copyright arises.


23/59

actors considered

(1) Copying

(a) casual connection

(b) subconscious copying

(c) indirect copying

(2) Substantial taking

(i) unaltered copying

(ii) extent of defendants alteration

(iii) character of plaintiffs and defendants work

(iv) nature of plaintiffs effort

(iv) extent of plaintiffs effort

(v) manner in which defendant has taken advantage of plaintiffs work

(vi) extent of interference with plaintiffs exploitationbe defendants acts

(vii) reproduction by the original author

Plagiarism is not considered infringement of copyright. Thus if a film producer makes

use of ideas, themes and incidents copied from other films he cannot be sued for infringement.

If the similarity between the works is solely due to coincidence, for example photographs

of an object taken by two persons from the same position and angle there is no infringement.

There is no infringement if what a person has taken is only the essential idea of the work,

even if it is highly original provided he has given expression to that idea in his own way.


24/59

In order to succeed in an action for infringement the plaintiff has to establish:

(1)that there is a close similarity between the two works,(2)that the defendant has directly or indirectly made an unlawful use of the plaintiffs work,

(3)that there is a chain of causation linking the plaintiffs copyright work with the

defendants alleged infringing copy, and (4) the defendant has access to the plaintiffs work

or an infringing copy of the work.

Acts not constituting infringements-statutory exceptions

y Reading or recitation in public of extracts(literary or dramatic work)y Publication in a collection for the use of educational institutions in certain circumstancesy Reproduction by teacher or pupil in the course of instructions or in question papersy Performance in the course of activities of educational institutions in certain circumstancesy The making of sound recording under certain circumstancessubject to certain conditions.y Performance in an amateur club given to a non-paying audience or for religious

institutions

y Reproduction in newspaper and magazine of an article on current economic, political,social or religious topics in certain circumstances.

y Publications in news papers or magazines a report of a lecture delivered in publicy Reproduction of unpublished work kept in a museum or library for the purpose of study

or research


25/59

Infringement of literary, dramatic or musical works.

If a person without the consent or licence of the owner of the copyright does or authorize

the doing of any of the following acts, he will be guilty of infringement of the copyright in the

work.

y To reproduce the work in any material form including the storing of it in any medium byelectronic means

y To issue copies of the work to the public not being copies already in circulationy To perform the work in public or communicating it to the publicy To make any cinematograph film or sound recording in respect of the worky To make any translation of the worky To make any adaptation of the worky To exhibit infringing copies by way of trade to the publicy To import in India infringing copies. However the import of one copy of the work for the

private and domestic use of the importer is permitted.

y in respect of a computer program which is a form of literary work(i )to do any of the acts specified above and

(ii) to sell or give on hire , or offer for sale

Or hire, any copy of the computer program, regardless of whether such copy has been sold or

given on hire on earlier occasions.

Dramatic work includes any piece of recitation choreographic work or entertainment in dumb

show , the scenic arrangement or acting form of which is fixed in writing or otherwise, but does

not include a cinematography film.

Musical work means a work consisting of music and includes any graphical notation of such

work but does not include any word or any action intended to be snug, spoken or performed with

the music


26/59

Language copying

If the language of one work is copied in number of instances it may be considered an

infringement

Unconscious copying

Unconscious or subconscious copying may continue infringement. This happens when a

person who has heard a song and afterwards forgets about it, and after some years composes a

song believing to be his own but which resembles the song which he has once heard.

Infringement of artistic works section 51

In respect of an artistic work infringement of the copyright consists in doing or authorizing the

doing of nay of the following acts without the consent or license of the copyright owner:

(i) Reproducing the work in any material form, including the depiction in three dimension of a to

dimensional work or in two dimensions of a three dimensional work,

(ii) Communicating the work to the public,

(iii) Issuing copies of the work to the public not being copies already in circulation

(iv) Making adaptation of the work

(v) Distributing, exhibiting in public for trade, infringing copies of the work,

(vi) Importing infringing copies of the work except one copy for private use.

Artistic work means painting , sculpture, drawing, diagram, map, chart, plan, engraving,

photograph, an architectural work of art and other work of artistic craftsmanship. Infringing copy

means a reproduction of the work made or imported without the consent or the license of the

copyright owner.


27/59

Infringement of painting or a picture can be detected by a close comparison of the two works to

see whether minute details in the original work have been reproduced in the alleged infringing

copy.

If a painter uses a copyright photograph only as a source of inspiration or for reference

purposes only there may be no infringement. If however the ultimate painting is a copy of the

photograph, there would be infringement, especially if the photo graph is an original one.

If a person gets his photograph taken by a photographer on payment the copyright in the

photograph belongs to the person. Accordingly the publication of the photograph or its exhibition

at any place including the photographic shop window constitutes infringement of that copyright.

Copyright is infringed when:

a) A person who does not have a licence granted by the owner of the copyright or

registrar of copyrights does something which only the owner of the copyright has the exclusive

right to do.

Example: X is the distributor of VCDs for a film titled Cats and Dogs . Y, who does not have the

licence, imports VCDs of Cats and Dogs from Malaysia and distributes it to various video stores

which rent out VCDs. Here Y and the video stores that buy the VCDs are infringing the

copyright that vests with X and the producer of the film.

b) person permits (for profit) the use of a place for the communication of a copyrighted

work to the public without the permission of the copyright owner, then the communication of the

work is an infringement of the copyright of the author or owner.

Example: If a person allows a play to be staged in his/her auditorium without permission from

the copyright owner, that act will amount to an infringement of copyright. However, if the person

can prove he/she was not aware that such communication to the public would be an infringement

of copyright; the person would not be liable.


28/59

Penalty for infringement

Section 63 of the Copyright Act of 1957 envisages three situations:

a) In the first case it covers a person who has infringed another persons copyright for a

commercial purpose or for profit eg, video parlours, VCD sellers, etc. To be culpable, the

person infringing should have knowingly made an infringement or knowingly helped in making

an infringement. If this is the case, he/she will be punishable with imprisonment for six months,

which could extend up to three years, and a fine of Rs 50, 000 that could extend up to Rs

2,00,000.

b) In case the infringement has not been made for gain in the course of trade or business,

the person will be punishable with a sentence of imprisonment for a term less than six months or

a fine less than Rs 50,000.

In the case of a computer programme, any person who knowingly makes use of an

infringing copy on a computer will be punishable with imprisonment for seven days, which may

extend up to three years, and with a fine of not less than Rs 50,000, which may extend up to Rs

2,00,000.


29/59


30/59

The underlying rationale of this rule is that the public benefits from your review, which is

enhanced by including some of the copyrighted material. Additional examples of commentary or

criticism are provided in the examples of fair use cases.

2. Parody

A parody is a work that ridicules another, usually well-known work, by imitating it in a

comic way. Judges understand that by its nature, parody demands some taking from the original

work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is

permitted in a parody in order to "conjure up" the original.

Measuring Fair Use: The Four Factors.

Unfortunately the only way to get a definitive answer on whether a particular use is a fair

use is to have it resolved in federal court. Judges use four factors in resolving fair use disputes,

which are discussed in detail below. It's important to understand that these factors are only

guidelines and the courts are free to adapt them to particular situations on a case-by-case basis.

In other words, a judge has a great deal of freedom when making a fair use determination and the

outcome in any given case can be hard to predict.

The four factors judges consider are:

The purpose and character of your use

The nature of the copyrighted work

The amount and substantiality of the portion taken, and

The effect of the use upon the potential market.

1. The Transformative Factor: The Purpose and Character of Your Use

In a 1994 case, the Supreme Court emphasized this first factor as being a primary

indicator of fair use. At issue is whether the material has been used to help create something

new, or merely copied verbatim into another work. When taking portions of copyrighted work,

ask yourself the following questions:


31/59

Has the material you have taken from the original work been transformed by adding new

expression or meaning?

Was value added to the original by creating new information, new aesthetics, new

insights and understandings?

In a parody, for example, the parodist transforms the original by holding it up to ridicule.

Purposes such as scholarship, research or education may also qualify as transformative uses

because the work is the subject of review or commentary.

EXAMPLE: Roger borrows several quotes from the speech given by the CEO of a logging

company. Roger prints these quotes under photos of old-growth redwoods in his environmental

newsletter. By juxtaposing the quotes with the photos of endangered trees, Roger has

transformed the remarks from their original purpose and used them to create a new insight. The

copying would probably be permitted as a fair use.

2. The Nature of the Copyrighted Work

Because the dissemination of facts or information benefits the public, you have more

leeway to copy from factual works such as biographies than you do from fictional works such as

plays or novels.

In addition, you will have a stronger case of fair use if the material copied is from a

published work than an unpublished work. The scope of fair use is narrower for unpublished

works because an author has the right to control the first public appearance of his expression.

3. The Amount and Substantiality of the Portion Taken

The less you take, the more likely that your copying will be excused as a fair use.

However, even if you take a small portion of a work, your copying will not be a fair use if the

portion taken is the "heart" of the work. In other words, you are more likely to run into problems

if you take the most memorable aspect of a work. For example, it would not probably not be a

fair use to copy the opening guitar riff and the words "I can't get no satisfaction" from the song,

"Satisfaction."


32/59

This rule--less is more--is not necessarily true in parody cases. In a parody, the parodist is

borrowing in order to comment upon the original work. A parodist is permitted to borrow quite a

bit, even the heart of the original work, in order to conjure up the original work. That's because,

as the Supreme Court has acknowledged, "the heart is also what most readily conjures up the

[original] for parody, and it is the heart at which parody takes aim. " (Campbell v. Acuff-Rose

Music , 510 U.S. 569 (1994).)

The Effect of the Use upon the Potential Market

Another important fair use factor is whether your use deprives the copyright owner of

income or undermines a new or potential market for the copyrighted work. As we indicated

previously, depriving a copyright owner of income is very likely to trigger a lawsuit. This is true

even if you are not competing directly with the original work.

For example, in one case an artist used a copyrighted photograph without permission as

the basis for wood sculptures, copying all of the elements of the photo. The artist earned several

hundred thousand dollars selling the sculptures. When the photographer sued, the artist claimed

his sculptures were a fair use because the photographer would never have considered making

sculptures. The court disagreed, stating that it did not matter whether the photographer had

considered making sculptures; what mattered was that a potential market for sculptures of the

photograph existed. (Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992).)

Parody is given a slightly different fair use analysis with regard to the impact on the

market. It's possible that a parody may diminish or even destroy the market value of the original

work. That is, the parody may be so good that the public can never take the original work

seriously again. Although this may cause a loss of income, it's not the same type of loss as when

an infringer merely appropriates the work. As one judge explains, "The economic effect of a

parody with which we are concerned is not its potential to destroy or diminish the market for the

original --any bad review can have that effect--but whether it fulfills the demand for the

original." (Fisher v. Dees, 794 F.2d 432 (9th Cir. 1986).)


33/59

5. The "Fifth" Fair Use Factor: Are You Good or Bad?

When you review fair use cases, you may find that they sometimes seem to contradict

one another or conflict with the rules expressed in this chapter. Fair use involves subjective

judgments and are often affected by factors such as a judge or jury 's personal sense of right or

wrong. Despite the fact that the Supreme Court has indicated that offensiveness is not a fair use

factor, you should be aware that a morally offended judge or jury may rationalize its decision

against fair use.

For example, in one case a manufacturer of novelty cards parodied the successful children's

dolls, the Cabbage Patch Kids. The parody card series was entitled the Garbage Pail Kids and

used gruesome and grotesque names and characters to poke fun at the wholesome Cabbage Patch

image. Some copyright experts were surprised when a federal court considered the parody an

infringement, not a fair use. (Original Appalachian Artworks, Inc. v. Topps Chewing Gum, Inc.,

642 F. Supp. 1031 (N.D. Ga. 1986).)


34/59

uture of copyright in India

The copyright laws in India are set to be amended with the introduction of the provisions

for anti-circumvention and Rights Management Information in the Indian copyright regime

although India is under no obligation to introduce these changes as it is not a signatory to WCT

or WPPT.

With the amendment of the Copyright Act in 1994, which came into force on 10 May

1995, the situation with regard to copyright enforcement in India has improved. According to

Ramdas Bhatkal of Popular Prakashan, Bombay, "We had problems of piracy relating to medical

textbooks before the law was amended. At that time we found that while the law may be on our

side, it was necessary to get a court order for search and this meant that there was sufficient

notice to the pirate to take defensive action before the court order could be implemented.

Therefore we preferred to accept the situation and did nothing. Since the changes which make

copyright violation a cognizable offence it has been possible to use the legal mechanism as a

deterrent."

Section 64 of the Indian Copyright Act 1957 provides that "Any police officer, not below

the rank of a sub-inspector, may, if he is satisfied that an offence under Section 63 in respect of

the infringement of copyright in any work has been, is being, or is likely to be, committed, seizewithout warrant, all copies of the work, wherever found, and all copies and plates used for the

purpose of making infringing copies of the work, wherever found, and all copies and plates so

seized shall, as soon as practicable, be produced before a magistrate.

Copying a book is similar to stealing somebody's jewelry. Large scale organized copying

is like robbing a jewelers shop or a bank. But then, there is a major difference. In the case of a

bank robbery the newspapers are full of sensational news and the whole might of the State,

especially the police, jumps in to catch the culprit, there is pressure of public opinion even on the

judge trying the case. The effect is electric.


35/59

On the other hand, in the case of a book pirate, the police justify their inaction by

pointing to murder dockets; the State deflects the desperate appeals of Copyright owners with

nonchalance and the judge sits with a `so what' attitude while the man on the street remains in

stark oblivion.

"The copyright does not protect the idea but it does protect the skill and the labour put in

by the authors in producing the work. A person cannot be held liable for infringement of

copyright if he has taken only the idea involved in the work and given expression to the idea in

his own way. Two authors can produce two different works from a common source of

information each of them arranging that information in his own way and using his own language.

The arrangement of the information and the language used should not be copied from a work in

which copyright subsists."

Before I conclude, I must make it clear that despite the variety of cases given in this

paper, there is not much piracy of books in India. By and large, to save their business interests,

publishers and distributors try to enforce copyright to the best of their abilities. Yet, piracy hurts

them hard because the books which get pirated invariably are the few with good margin and high

demand. Deprived of the profits from such bestsellers the book industry starved of the much

needed capital for growth and investment in literary works of significance but low sales

potential, especially by up-coming authors. Harsher measures are therefore needed to curb

piracy.

Another area of copyright infringement which needs to be tightened up relates to

protection of author's rights vis-a-vis the assignee or the licensee. There is need to develop a

model contract, too, which should also provide protection for the author's rights in the fast

changing scenario of electronic publishing, Internet, etc.


36/59

Copyright board- section 11-13

The copyright Board is a body constituted under the Copyright act for the discharge of certain

judicial functions under the Act.

y A chairman and two or more members not exceeding fourteen members, appointed forspecific period not exceeding five years.

y Chairman must be a person who is or has been a judge of high court or is qualified forappointment as a judge of high court.

Main functions of the copyright board

y To decide whether a work has been published or as to the date on which the work waspublished for the purpose of determining the term of copyright s.6

y To decide whether the term of copyright for any work is shorter in any other country thanunder the Act s.6

y To settle dispute arising in respect of assignment of copyright under sec 19 Ay To grant compulsory license in respect of Indian work withheld from public s.31y To grant compulsory license to publish unpublished work s.31 Ay To grant compulsory license to produce and publish translation of literary and dramatic

work 32

y To grant compulsory license to reproduce and publish certain catergories of literary,scientific or artistic work for certain purposes s.32 A

y To rectify the register on the application of the registrar of copyright or of any personaggrieved s.50


37/59

Copyleft

The "reversed 'c' in a full circle" is the copyleft symbol. It is the copyright symbol mirrored.

Unlike the copyright symbol, it has no legal meaning.

Copyleft is a play on the word copyright to describe the practice of using copyright law

to remove restrictions on distributing copies and modified versions of a work for others and

requiring that the same freedoms be preserved in modified versions.

Copyleft is a form of licensing and can be used for modifying copyrights for works such

as computer software, documents, music and art. In general, copyright law allows an author to

prohibit others from reproducing, adapting, or distributing copies of the author's work. In

contrast, an author may, through a copyleft licensing scheme, give every person who receives a


38/59

copy of a work permission to reproduce, adapt or distribute the work as long as any resulting

copies or adaptations are also bound by the same copyleft licensing scheme.

Strong and weak copyleft

The copyleft governing a work is considered to be "stronger", to the extent that the

copyleft provisions can be efficiently imposed on all kinds of derived works. "Weak copyleft"

refers to licenses where not all derived works inherit the copyleft license; whether a derived

work inherits or not often depends on the manner in which it was derived.

"Weak copyleft" licenses are generally used for the creation of software libraries, to

allow other software to link to the library, and then be redistributed without the legal requirement

for the work to be distributed under the library's copyleft license. Only changes to the weak

copylefted software itself become subject to the copyleft provisions of such a license, not

changes to the software that links to it. This allows programs of any license to be compiled and

linked against copylefted libraries such as glibc (the GNU project's implementation of the C

standard library), and then redistributed without any re-licensing required.

The most well known free software license that uses strong copyleft is the GNU General

Public License. Free software licenses that use "weak" copyleft include the GNU Lesser General

Public License and the Mozilla Public License. Examples of non-copyleft free software licenses

include the X11 license, Apache license and the BSD licenses.

The Design Science License is a strong copyleft license that can apply to any work that is

not software or documentation, such as art, music, sports photography, and video. It is hosted on

the Free Software Foundation website's license list, but it is not considered compatible with the

GPL by the Free Software Foundation.

Full and partial copyleft

"Full" and "partial" copyleft relate to another issue: Full copyleft exists when all parts of

a work (except the license itself) may only be modified and distributed under the terms of the

work's copyleft license. Partial copyleft exempts some parts of the work from the copyleft


39/59

provisions, thus permitting distribution of some modifications under terms other than the

copyleft license, or in some other way does not impose all the principles of copylefting on the

work. For example, the GPL linking exception made for some software packages (see below).

Share-alike

Share-alike imposes the requirement that any freedom that is granted regarding the

original work must be granted on exactly the same or compatible terms in any derived work: this

implies that any copyleft license is automatically a share-alike license, but not the other way

around, as some share-alike licenses include further restrictions, for instance prohibiting

commercial use.[15]

Some permutations of the Creative Commons licenses are examples of share-

alike.


40/59


41/59

Copyleft Case StudyHow to ThinkLike a Computer Scientist: Learning with Python

February, 2002

Of all the wonderful things that happened at the Tenth International Python Conference,

the two most exciting for me were meeting my web friend of a year's standing, Chris Meyers,

and seeing the book that we co-authored with Allen Downey in print for the first time. How to

Think Like a Computer Scientist: Learning with Python is now available in print at

http://thinkpython.com . The publication of the book marks a milestone in our experiement infree content development, and provides a case study in the benefits of working together and

sharing your work.

I first became involved in this project when I wanted to use Python as the programming

language in our introductory CS classes at Yorktown High. I decided on Python after making an

investigation into available language choices. Python had what we needed: it was open source; it

ran on both the Linux platform we used at school and all other platforms students were likely to

have at home. Even more importantly it fit the bill pedagogically. Python has an exceptionally

clear syntax and supports a wide range of approaches to programming. It can be used to teach

procedural programming, OOP, and even to introduce functional programming.

While the language choice seemed clear to me, Python did have one significant

drawback: no textbook or other teaching materials existed for use with it. Fortunately, my

investigation into language choices had turned up a potential solution to this problem as well.

Allen Downey's excellent introductory text, how to Think like a Computer Scientist, was just

what I wanted in a textbook. It was clearly written and it focused on the processes of mind that

go into computer programming rather than the specific issues of a particular language. The

programming language used in the book was Java, but it was released as free content. It occurred

to me that I could modify it for use with Python.


42/59

Free content made my use of Python possible. I didn't feel competent to write a textbook

from scratch, but I did feel that I could take Allen's book and modify it for use with Python. The

idea of leveraging free content in this way excited me. The thought of teachers being able to

work collaboratively over the Internet had been a fantasy of mine since I first heard about the

Internet. Here was an opportunity to bring that fantasy to reality.

Two years later the first edition of the book is finished. Even more importantly, a

worldwide community of users has begun to form. The book is currently being translated into

Spanish and German, with interest in other languages as well. Free content, like free software,

seems to spread rapidly and get adapted in unexpected ways.

A development that I did expect (but still desperately hoped for as well ;-) has been the

writing of high quality support materials by other contributors. Tim Wilson's contributions on his

Henry Sibley High School site have been especially wonderful. At the Python conference I met

Simon Wilkinson, who has begun a project to write a workbook to go along with the text. We

have added a section to the Open Book Project site called the Python Bibleotheca to serve as

location where community contributions to materials for teaching with Python can be

accumulated and made easily available.

The benefits of using Free Content development have already been tremendous, but I

think we have only just begun. Chris Meyers is currently beginning work on a feedback system

that we will use with the second edition of the book that will allow people to post comments,

corrections, and suggestions directly on the website. Allen Downey plans to add a chapter to the

next edition on functional programming. As we get more feedback from the growing community

of users, I am sure other unforeseen developments will also help to keep the journey interesting.

By sharing and working together we can produce high quality materials for our students

at a savings of both time and money, and have fun doing it while we are at it! Now who could

ask for more than that?


43/59

Conclusion:

The provisions of the abovementioned two enactments show that the Copyright

protection in India is strong and effective enough to take care of the Copyright of the concerned

person. The protection extends not only to the Copyright as understood in the traditional sense

but also in its modern aspect. Thus, on-line copyright issues are also adequately protected,

though not in clear and express term. To meet the ever- increasing challenges, as posed by the

changed circumstances and latest technology, the existing law can be so interpreted that all facets

of copyright are adequately covered. This can be achieved by applying the purposive

interpretation technique, which requires the existing law to be interpreted in such a manner as

justice is done in the fact and circumstances of the case. Alternatively, existing laws should be

amended as per the requirements of the situation. The existing law can also be supplemented

with newer ones, specifically touching and dealing with the contemporary issues and problems.

The Information Technology Act, 2000 requires a new outlook and orientation, which can be

effectively used to meet the challenges posed by the Intellectual Property Rights regime in this

age of information technology. Till the country has such a sound and strong legal base for the

protection of Intellectual Property Rights, the judiciary should play an active role in the

protection of these rights, including the copyright. The situation is, however, not as alarming as it

is perceived and the existing legal system can effectively take care of any problems associated

with copyright infringement.


44/59

Case 1:

Karishma: The Miracles Of Destiny

It was the first Hindi serial to be extensively shot abroad with plenty of scenes beingcanned in the United Arab Emirates and New Zealand. It had three directors Anurag Basu,

Talat Jani and Siddharth Sengupta with each of them ``having his own style and then blending

with the team.''

More than 100 episodes had been canned by then, and the serial that was to begin on

Sahara Manoranjan , was said to have cost the organisation a fortune with Karisma being richer

by a crore every month. The actress herself had kept aside full three months to ``build a bank of

`Karishma' episodes.''

But there was a slight hitch. Barbara Taylor Bradford had come out swinging after an

Indian TV station defied courts and screened a series that she said was based on her top-selling

novel A Woman Of Substance, without her permission. After a fan e-mailed her about a 260-

episode Indian series called Karishma: The Miracles Of Destiny - the 37-million project seemed

to have a plot suspiciously similar to Barbara's rags-to-riches novel. The writer, went to court

crying foul. The copyright laws had been infringed upon by the serial writer, Sachin Bhowmick,

she insisted. ``They have lifted from my book, A Woman of Substance. The matter went to

court, and "Karishma" which was scheduled to hit the Sahara Manoranjan screen, went blank

after the first episode. Having learned that a major TV network in India had blatantly plagiarized

'A Woman of Substance' for a prime-time television series, Barbara flew to Calcutta and

obtained a legal injunction against the Sahara Network from airing Karishma: Miracle of

Destiny.

The serial, which was to air on May 12, appeared to have stalled over the weekend, but

a last-minute order from the Kolkata High Court cleared thedecks for it to be aired on May 12.

On Tuesday, May 13th, Barbara held a series of press interviews with the British media to

declare her waragainst copyright infringement. Said Barbara, "I am truly appalled and distraught

to have learned that a leading television network would go to the lengths of undertaking such a


45/59

major project without first seeking consent from the creator. I have seen the television

promotions and read thenewspaper articles, in which my involvement in this project is discussed

and implied, yet I have never once been approached for my input, or authorization. As a council

member of the Author's Guild of America and an active member of the Screen Writers Guild of

America, I am determined to protect not only my rights, but therights of all published authors

worldwide. Such piracy, blatant, or otherwise should never be tolerated in any country."

The producer of the Bollywood program - the costliest in Indian history - apparently

publicly admitted to being influenced by three of Barbara's novels. Saying the tales had been

"Indianised", he reportedly said: Saying the tales had been "Indianised", he reportedly said: "I

don't want to take a chance with a new script. Then the Supreme Court stayed the order of the

High Court. The serial has been off air since then.

Analysis :

Legally, a person can be sued for violating copyrights, which, accordingto lawyers, translates to

infringing upon someone's rights by duplicatingand selling the original material.

Adding portions from the original script does not vindicate a person. He can still be taken to

court. if a scriptwriter or filmmaker were to go about using the copyrights legally, he would have

to pay royalty. The filmmaker would have to write to the author, seeking permission to

use his idea. This would have to be a legally proofread document and the royalty could

go into crores.

As far as the Sahara case goes, the fight was for civil damages and for infringement of copyright.

Under civil damages, the maximum penalty varies (it depends on what amount the complainant

is asking for) and under infringement of copyright, the offender can be arrested."


46/59

Case 2

Da vinci code controversy

The case against the publishers of The Da Vinci Code was brought by Michael Baigent

and Richard Leigh, the authors of a non-fiction work, The Holy Blood and The Holy Grail,

which was first published in 1982. Messrs. Baigent and Leigh claimed that The Da Vinci Code

was an infringement of their copyright in their book.

At the center of the dispute was a hypothesis presented in The Holy Blood and The

Holy Grail concerning the early Christian legend of the holy Grail. (The theme of the quest for

the lost Grail - i.e. the cup, or chalice, used by Jesus Christ at the Last Supper - was a popular

theme in medieval tales of chivalry and has inspired countless writers, film-makers and

historians through the ages.) The core of the authors hypothesis in The Holy Blood and The

Holy Grail was that references to the Grail in early manuscripts were disguised references not to

the chalice, but rather to holy blood or Sang real, i.e. to the bloodline of Jesus Christ, and to the

belief that this bloodline - through marriage between Jesus Christ and Mary Magdalene - had

continued and merged with the French Merovingian dynasty.

In their book, Michael Baigent and Richard Leigh argue that the Holy Roman Church and

its successors had sought to suppress this bloodline, but that a powerful secret sect, the Priory of

Sion, was formed to protect this "grail." Baigent and Leigh used six known indisputable

historical facts, or supposed facts, though their conclusion was the result of historical

conjecture based on those facts. This quasi-historical approach was also the basis of various

other published hypotheses as to the merging of Christs bloodline with the Merovingian

bloodline.

Dan Brown is a popular fiction writer, and his book, The Da Vinci Code, has been the

number one best-selling novel in Europe and U.S. for months. The Da Vinci Code is a murder

mystery. It opens with the death - in Paris Louvre museum - of the Grand Master of the Priory

of Sion, Jacques Sauniere. Seeking to solve his murder, the heroes of the story are led on a Grail


47/59


48/59

Rather, they had used The Holy Blood and The Holy Grail, and other books, to provide general

background material for the writing of The Da Vinci Code.

Significance

The significance of the case for copyright law relates to the fact that the lawyers acting

for Baigent and Leigh attempted to make - and lost - an argument that there can be non-literal

copying of a work of literature. The non-literal argument has previously been successfully used,

usually in the case of computer programs or recipes or knitting patterns.

Case 3:

Betiyan Apna ya Paraya Dhan

Introduction :- Producer Dheeraj Kumar plagiarising storyline for his forthcoming Gar ki

Laxmi Betiyan. A case of copyright on producer Dheeraj Kumar copying a srcipt of the serial

Betiyaan Apna Ya Paraya Dhan by Zee Tv originator Mrs.Rekha Modi. Controversy was based

between two channels Zee and Star Plus of two same concepts. Both the titles have been

registered with the Association of Motion Pictures & TV Programme Producers of India

(AMPTPP)

Decision BY PAHLAJ NIHLANI Chairman AMPTPP. The date of registering the

concept for the zee by Mrs.Rekha was on 29th

July 2006.Decision was made in favour of MrsRekha as she proved with the registration documents.Dheeraj was proved guilty and he wasordered by law to pay the penalties under the section of law and the damages towards Mrs Rekha.


49/59

List of Countries included in the International Copyright Order, 1999

I. Berne Convention Countries which have ratified/accepted/acceded to the 1971 Text of

the Convention.

Albania, Argentina, Australia, Austria, Bahamas, Bahrain, Barbados, Belarus, Benin, Bolivia,

Bosnia & Herzogovina, Botswana, Brazil, Bulgaria, Burkina Faso, Cameroon, Cape Verde,

Central African Republic, Chile, China, Colombia, Congo, Costa Rica , Cote dIvoire, Croatia ,

Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Dominican

Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gabon,

Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti,

Holy See, Honduras ,Hungary, Iceland, Indonesia, Italy, Jamaica, Japan, Kenya, Latvia, Lesotho,

Liberia, Libya, Lithuania , Luxembourg, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius,

Mexico, Monaco, Mongolia, Morocco, Namibia, Netherlands, Niger, Nigeria, Norway, Panama,

Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Russian

Federation, Rwanda, Saint Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines,

Senegal, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname ,Sweden, Switzerland,

Thailand, The Former Yugoslavia Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia,

Turkey, Ukraine, United Kingdom, United Republic of Tanzania, United States of America,

Uruguay, Venezuela, Yugoslavia, Zambia, Zimbabwe (Total - 116 Countries)


50/59

Frequently Asked Questions

What is copyright?

Copyright is a right given by the law to creators of literary, dramatic, musical and artisticworks and producers of cinematograph films and sound recordings. In fact, it is a bundle of

rights including, inter alia, rights of reproduction, communication to the public, adaptation and

translation of the work. There could be slight variations in the composition of the rights

depending on the work.

Copyright ensures certain minimum safeguards of the rights of authors over their

creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress,

no civilized society can afford to ignore the basic requirement of encouraging the same.

Economic and social development of a society is dependent on creativity. The protection

provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects

and producers of sound recordings, cinematograph films and computer software, creates an

atmosphere conducive to creativity, which induces them to create more and motivates others to

create.

What is the scope of protection in the copyright act 1957?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works

and cinematograph films and sound recordings from unauthorized uses. Unlike the case with

patents, copyright protects the expressions and not the ideas. There is no copyright protection for

ideas, procedures, methods of operation or mathematical concepts as such.

Does copyright applies to titles and names?

Copyright does not ordinarily protect titles by themselves or names, short word

combinations, slogans, short phrases, methods, plots or factual information. Copyright does not

protect ideas or concepts. To get the protection of copyright a work must be original.

Is it necessary to register a work to claim copyright ?


51/59

No. Acquisition of copyright is automatic and it does not require any formality.

Copyright comes into existence as soon as a work is created and no formality is required to be

completed for acquiring copyright. However, certificate of registration of copyright and the

entries made therein serve as prima facie evidence in a court of law with reference to dispute

relating to ownership of copyright.

Where I can file application for registration of copy right work?

The Copyright Office has been set up to provide registration facilities to all types of

works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks,

Kasturba Gandhi Marg, New Delhi- 110 003. The applications for registration of works can be

filled at the counter provided at the Copyright Office from 2.30 P.M. to 4.30. P.M. from Monday

to Friday. The applications are also accepted by post. On-line registration through E-filing

facility has been provided from 8th September 2009, which facilitates the applicants to file

applications at the time and place chosen by them.

Can i myself file an application for registration of copyright of a work directly?

Yes. Any individual who is an author or rights owner or assignee or legal heir can file

application for copyright of a work either at the copyright office or by post or by e-filing facility

from the copyright Office web-site www.copyright.gov.in

What are the guidelines regarding registration of a work under the copyright act?

Chapter VI of the Copyright Rules, 1958, as amended, sets out the procedure for the

registration of a work. Copies of the Act and Rules can be obtained from the Manager of

Publications, Publication Branch, Civil Lines, Delhi or his authorized dealers on payment or

download from the Copyright Office web-site www.copyright.gov.in

Whether unpublished works are registered?

Yes. Both published and unpublished works can be registered. Copyright in works

published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also

be registered, provided the works still enjoy copyright. Three copies of published work may be

sent along with the application. If the work to be registered is unpublished, a copy of the


52/59

manuscript has to be sent along with the application for affixing the stamp of the Copyright

Office in proof of the work having been registered. In case two copies of the manuscript are sent,

one copy of the same duly stamped will be returned, while the other will be retained, as far as

possible, in the Copyright Office for record and will be kept confidential. It would also be open

to the applicant to send only extracts from the unpublished work instead of the whole manuscript

and ask for the return of the extracts after being stamped with the seal of the Copyright Office.

When a work has been registered as unpublished and subsequently it is published, the applicant

may apply for changes in particulars entered in the Register of Copyright in Form V with

prescribed fee. The process of registration and fee for registration of copyright is same.

Whether computer software or computer programme can be registered?

Yes. Computer Software or programme can be registered as a literary work. As per

Section 2 (o) of the Copyright Act, 1957 literary work includes computer programmes, tables

and compilations, including computer databases. Source Code has also to be supplied along

with the application for registration of copyright for software products.

How can I get copyright registration for my website?

A web-site contains several works such as literary works, artistic works (photographs

etc.), sound recordings, video clips, cinematograph films and broadcastings and computersoftware too. Therefore, a separate application has to be filed for registration of all these works.

How long I have to wait to get my work to get registered by the copyright office?

After you file your application and receive diary number you have to wait for a

mandatory period of 30 days so that no objection is filed in the Copyright office against your

claim that particular work is created by you. If such objection is filed it may take another one

month time to decide as to whether the work could be registered by the Registrar of Copyrights

after giving an opportunity of hearing the matter from both the parties.

If no objection is filed the application goes for scrutiny from the examiners. If any

discrepancy is found the applicant is given 30 days time to remove the same. Therefore, it may


53/59

take 2 to 3 months time for registration of any work in the normal course. The cooperation of the

applicant in providing necessary information is the key for speedy disposal the matter.


54/59

Form IV - Application for Registration of CopyrightTo

The Registrar of Copyrights

Copyright Office

New Delhi- 110 001.

Sir,

In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby applyfor registration of Copyright and request you that entries may be made in the Register of

Copyrights in the enclosed Statement of Particulars sent herewith in triplicate.

I also send herewith completed the Statement of Further Particulars relating to the work.

(For Literary, Dramatic, Musical and Artistic works only)

2. In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered

post copies of this letter and of the enclosed Statement(s) to other parties concerned, as shownbelow:

Name and addresses of the parties Date of dispatch

See columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col. 2 (e)

of the Statement of Further Particulars.)

3. The prescribed fee has been paid, as per details below:-

4. Communications on this subject may be addressed to: -

5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a

notice has been sent to as per paragraph 2 above has any claim or interest or dispute to mycopyright of this work or to its use by me.

6. I hereby verify that the particulars given in this Form and in the Statement of Particulars and

Statement of Further Particulars are true to the best of my knowledge, belief and information andnothing has been concealed there from.

Yours faithfully,

Signature by the applicant


55/59

List of Enclosures:

Place:

Date:

Statement of Particulars

(to be sent in triplicate)

1. Registration No. (to be filled in by the Copyright Office)

2. Name, address & nationality of the Applicant

3. Nature of the Applicants interest in the Copyright of the work

4. Class and description of the work

5. Title of the work

6. Language of the work

7. Name, address & Nationality of the Author and if the author is deceased, the date of decease

8. Whether the work is published or unpublished

9. Year and Country of first publication (Name, address and nationality of the publisher)

10. Years and countries of subsequent publications if any, and name, addresses and nationalities

of the publishers

11. Names, address and nationalities of the owners of various rights comprising the copyright inthe workand the extent of rights held by each, together with the particulars of assignments andlicence, if any

12. Names, addresses and nationalities of other persons if any, authorised to assign or licence the

rights comprising the copyrights

13. If the work is Artistic the location of the original work, including name and address andnationality of the person in possession of the work, (in case of an architectural work, the

year of completion of the work should also be shown).

13A. If the work is an Artistic work which is used or is capable of being used in relation to any

goods, the application should include a certification from the Registrar of Trade Marks interms of the proviso to Sub-Section (i) of Section 45 of the Copyright Act, 1957.


56/59

14. Remarks, if any

Signature of the Applicant

Place:

Date:

Statement of Further Particulars

(To be sent in triplicate)

(For Literary, Dramatic, Musical and Artistic works only)

1. Is the work to be registered

a. an original work?b.

a translation of a work in the public domain?c. A translation of a work in which Copyright subsists?

d. an adaptation of a work in the public domain?e. an adaptation of a work in which Copyright subsists?

2. If the work is a translation or adaptation of a work in which Copyright subsists:

a. Title of the original workb. Language of the original workc. Name, address and nationality of the author of the original

work and if the author is deceased, the date of decease

d. Name, address and nationality of the publisher, if any,of the original work

e. Particulars of the authorization for a translation or adaptationincluding the name, address and nationality of the party

authorizing:

3. Remarks, if any

Signature

Place:Date:


57/59

Instructions for filling up the Statement of Particulars annexed to Form IV for the Registration ofCopyrights

Col.3:- State whether the applicant is the author or publisher of the work or whether he/she is the

owner assignee or licencee of any right comprising the copyright in the work or whether he has

any other interest in the work.

Col.4:- State whether the work is "Literary work" or "Dramatic Work" or "Musical work" or

"Computer Software work" or "Artistic Work" or "Cinematograph Film" or "Sound Recording",[see sub- section (i) of Section 13]. Describe in brief the nature of the work (i.e. Drama, Novel,

Biography, Poems, Lecturers Opera, Painting, Engraving, Photograph, Disco tapes, etc.)

Col. 5 In regard to a work, a title must be given.

Col. 6 If the work is in more than one language, all the languages should be shown.

Col. 7 For the definition of Author see clause d of Section 2. Moreover, irrespective of thepersonwho gave the ideas or suggestions, the author is the person who has actually drawn or

executed the work in question.

Col. 8 For definition of Publication see Section 3 of the Act, and if the work is posthumouswork, see sub-section (2) of Section 24.

Col. 9 If a work is published simultaneously in more than one country, state particulars of

countries in which it is published and the exact date of publication (and not merely the year ofpublication) in each country. For meaning of simultaneous publication see section 5.

Col. 10 In case of subsequent publication, state briefly the changes, if any, made in the first

publication.

Col.11 For the rights comprising the Copyright, see Section 14. If the rights are ownedseparately by different persons the rights of each person should be stated separately, including

the extent of rights held by each person. In the case of a Cinematograph Film or SoundRecording also state in full particulars (viz. full names, addresses and nationalities) of the

owners of Copyright of the work recorded in the Sound Recording like the composers, lyricists,story writers, etc.

Col. 2 State the Particulars of the persons other than those mentioned in Col. 11, authorized to

assign or licence the rights comprising the copyrights, if any.

Col.13 State where and with whom the original work is located. This information is required tobe supplied in case of artistic work as defined in Section 2 (c).

Col.13A In case an artistic work is used or is capable of being used in relation to any goods,

a Search Certificate from the Trade Marks Registry u/s 45 (1) of the Copyright Act, 1957 as


58/59


59/59

Bibliography

Intellectual Property Law- By P. Narayan

www.copyright.gov.in

www

copyrights final

Documents