copyrights law india
TRANSCRIPT
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Group 1Misha Rawal : 106
Ujjwal Gupta : 107
Anurag Anwariya:108Suveer Malhotra : 109
Vipul Jain : 110Gaurav Singh : 111
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Intellectual property (IP) is a legal conceptwhich refers to creations of the mind for
which exclusive rights are recognized.
Under intellectual property law, owners aregranted certain exclusive rights to a variety
of intangible assets, such as musical, literary,
and artistic works; discoveries and
inventions; and words, phrases, symbols, anddesigns.
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Common type of IntellectualProperty Rights
Patents
Trade marks
Geographical denominations
Industrial designs
Copyright
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Copyright is a legal term describing the economic rights givento the creators of Literacy
Dramatics
Artistic works
Producer of cinematograph films
Sound recording Copyrights includes the right to reproduce the work, to make
copies and to perform or display the work publicly.
Copyrights offer essentially the only protection for music ,films,
and other works of cultural value.
With the development of new forms of expression, thesecategories have expanded to include the Computer programsand sound recoding .
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THE PRIMARY FUNCTION OF COPYRIGHT is to
protect from annexation
By other people, the fruits of a mans
work, labour, skill or taste.This protection is given by making it
unlawful as an infringement of
copyright to reproduce or copy any
literary, dramatic, musical or artistic
work without the consent of the owner
of the copyright in that work.
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Introduction:-
The concept of copyright and neighboring rights have
assumed significance due to scientific ,economic ,social ,
political and legal environment in the entire world.
HISTORICAL EVOLUTION OF COPYRIGHT LAW
-confined to books only
-Worlds First Copyright Law was passes in 1709 in England
-Thereafter in 1911 by name Copyright Act,1911
COPYRIGHT LAW IN INDIA
-first act was passed in 1914
-this act was based on the act of 1911
-the act of 1914 underwent revision due to advent of
advancement of Science and Technology
-thereafter the copyright of 1957 was passed.
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Artistic work - An artistic work means
A painting, a sculpture, a drawing (including a diagram, map, chart
or plan), an engraving or a photograph, whether or not any suchwork possesses artistic quality;
A work of architecture; and
Any other work of artistic craftsmanship.
Musical work
"Musical work" means a work consisting of music
includes any graphical notation of such work but does not includeany words or any action intended to be sung, spoken or performedwith the music.
A musical work need not be written down to enjoy copyrightprotection
Sound recording "Sound recording" means a recording of sounds from which
sounds may be produced regardless of the medium on which suchrecording is made or the method by which the sounds areproduced
. A phonogram and a CD-ROM are sound recordings.
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Cinematograph film
"Cinematograph film" means any work of visual recording on any
medium produced through a process from which a moving image may
be produced
Government work - "Government work" means a work which ismade or published by or under the direction or control of
The government or any department of the government
Any legislature in India, and
Any court, tribunal or other judicial authority in India.
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According to the Copyright Law enacted underthe Copyright Act, 1957, An author is :-
In the case of a literary or dramatic work the
author, i.e., the person who creates the work
In the case of a musical work, the composer.
In the case of a cinematograph film, the producer.
In the case of a sound recording, the producer.
In the case of a photograph, the photographer. In the case of a computer generated work, the
person who causes the work to be created
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Sec 22 to 29 of the Copyright Act,1957 deal with this
aspect:-
Term varies as per the-
-Nature of the work , or
-Whether author is natural/legal person,
-whether work is anonymous or pseudonymous
In case of-
Literary , Dramatic , Musical or Artistic Works;
-term is for lifetime and thereafter for 60 years;
-Joint Owners-60 years starts after death of last owner,
Anonymous/Pseudonymous works-
-60 Years from the year of publication
-If identity disclosed , term extended to 60 years afterthe death of the author.
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Photographs-
-60 years from the year of publication
Cinematograph film--60 years from the year of publication
Government undertaking-
-60 years from the year of publication
International organization60 years from the year of publication
Performers right
-25 years from the year of publication
Broadcasting Reproduction Rights-
-25 years from the year of publication
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LITERARY,DRAMATICS AND MUSICAL WORK:-
a)To reproduce or store the work
b)To issue copies to the public
c)To perform the work in public
d)To make cinematograph film or sound recording
e)To make translation of the work.
f)To make adaptation of the work.
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ARTISTIC WORK:-
a)To reproduce the work.
b)To communicate the work to public.c)To include the work in cinematograph film.
d)To make adaptation of the work.
CINEMATOGRAPH FILM:-
a)To make copies of the film
b)To sell or give on hire a copy of the film
c)To communicate the film to the public.
SOUND RECORDING:-a)To make any other sound recording embodying
it.
b)To sell or give on hire a copy of the sound
recording.
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The Act defines 'Broadcast' as communication to thepublic by any means of wireless diffusion, whether inany one or more of the forms of signs, sounds orvisual images; or by wire.
Every broadcasting organization has special rightswith respect to its broadcasts and these rights areknown s as broadcast reproduction rights.
The broadcasting organization has the exclusive rightto:
1). re-broadcast the broadcast;2). cause the broadcast to be heard or seen by the
public on payment of any charges;
3). make any sound recording or visual recording ofthe broadcast;
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4). make any reproduction of such soundrecording or visual recording where suchinitial recording was done without license or,where it was licensed, for any purpose not
envisaged by such license and5). sell or hire to the public, or offer for
such sale or hire, any sound recording orvisual recording of the broadcast.
This right subsists until 25 years from thebeginning of the calendar year next followingthe year in which the broadcast is made.
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Communication to the public means making anywork available for being seen or heard orotherwise enjoyed by the public directly or byany means of display or diffusion.
It is not necessary that any member of the publicactually sees, hears or otherwise enjoys thework so made available.
For example, a cable operator may transmit acinematograph film, which no member of thepublic may see. Still it is a communication to the
public. The fact that the work in question is accessible
to the public is enough to say that the work iscommunicated to the public.
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An author is entitled to claim his moral rights evenafter the assignment of his copyrights.
Kinds Of Moral Rights:-
a).Right Of Paternity (Droit de paternite)
-An author has a right to claim authorship of his work
and can prevent all others from claiming authorship
of his work.
-He can also demand to include his name to appear inall the copies of his work at appropriate place.
I
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b)Right of Integrity( Droit de respect deloeuvre )
-An author has a right to prevent distortion ,mutilation or other alteration of his work , etc.,
which would be prejudicial to his honour and
reputation.
-It is essential where a license or assignment has
been granted to adapt or alter the work in some
way, e.g. . Novel into play, play in film, etc.
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Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it doesnot require any formality.
Registration is optional and not mandatory
It is not a pre-requisite condition to claim Copyrights.
However, certificate of registration of copyright and theentries made therein serve asprima facie evidence in acourt of law with reference to dispute relating toownership of copyright.
ABHISHEK WALIA V/S SHREY PUBLISHING (1987)
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Copyright Office:-Sec.9
Copyright Office is at New Delhi, which is under thecontrol of Registrar of Copyright, which is under the
control and supervision of Central Government.
Registrar and Deputy Registrar:-appointed by theCentral Government. They posses certain powers of
the civil court.
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The author or the publisher ,etc. may apply for registration to the
Registrar in Form IV along with prescribed fees. Separate applications should be made for registration of each work.
Each application should be accompanied by the requisite feeprescribed in the second schedule to the Rules
The applications should be signed by the applicant or the advocatein whose favour a Vakalatnama or Power of Attorney has beenexecuted.
The Power of Attorney signed by the party and accepted by theadvocate should also be enclosed.
Each and every column of the Statement of Particulars andStatement of Further Particulars should be replied specifically.
The applicant is required to give a notice of his application toevery interested person to invite for any objection.
If no objection are received within 30 days of the notice , theRegistrar, if satisfied that the contents of the application if correct, enter the contents in the register of Copyright.
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If a person uses any of the rights without thepermission of author it is said to be the
infringement of copyrights.
INFRINGEMENT OF COPYRIGHTS BY COPYING:-
Copying can be done in three ways:-1.Direct Copying:-Reproduction of the authors
work falls under this category .
-But difficulty may arise if the infringer instead
of copying the entire work may copy some
portion of the copyrighted material.
LANDBROKE V/S WILLIAM HILL
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2.INDIRECT COPYING:-Means copying the workof a person by changing its form .Eg. If the
work in a drawing has been copied by the 3
dimensions by the Defendants, or if the novel
is turned in to stage play which in turn
converted in to a ballet.
3.SUBCONSCIOUS COPYING:-This copying may occur subconsciously where a
person reads ,sees or hears a work , forgets
about it but then reproduce it , genuinely
believing it to be his own.
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R.C Anand v Delux Films
(1) No copyright in an idea. Violation
ofcopyright confined to form, manner and
arrangement, as well as expression ofidea by the author
(2) Where same idea developed in different
manner, similarities happen. Court to rule
on whether similarities are merelysubstantial or fundamental
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(3)Safest Test: Does the reader/
spectator/viewer have the opinion/get
the unshakeable impression that the
second work is a copy of the original?(the viewer test)
(4) Same theme, different presentation
Completely new work, noinfringement
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(5) Where there are only incidentalsimilarities, there is no copyrightinfringement
(6) Copyright infringement = piracyit must be clearly proven
(7) Very difficult to prove
violation of copyright ofstage play by a filmproducer: the viewer test is applicable
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INFRINGING COPY:-Sec (m)
In relation to artistic work ,a reproductionthereof.
In relation to a cinematographic film, a copy of
the film. In relation to a sound recording any other
sound recording embodying the same soundrecording.
In relation to any program or performance inwhich the broadcasting reproduction orperformers right subsist, the sound recordingor the cinematographic film of such program orperformance.
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It was held by the
court that if a
there is a version
recording releasedby the Defendants
of a popular film,
do not prima facia
fall within thedefination of
infringing copy.
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FOR COPYRIGHT INFRINGEMENT
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Remedies forCopyright
Infringement
Civil Criminal Administrative
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CivilRemedies
Injunction Damages Accounts Costs
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Injunction
Only effective remedy
Court has to weigh the
damage to the plaintiff if theinjunction is not granted, as
opposed to the damage to the defendant if it is
Interlocutory injunction is the preferred method
for preventing infringement, sometimes an ex parte
injunction
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Criminal
Remedies
Cognizable
Offences
Imprisonment
up to 3 years
Fine up to
200,000 INR
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Copyright Act 1957, s.64 empowers the
Police (any officer not below the rank of sub-
inspector) to seize infringing copies without
warrantPolice Raids (Power ofsearch, seizure &
arrest without a warrant)
Fines (min. 50,000-200,000 INR)
Imprisonment (6 months to 3 years)
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PROS
Judicial determination of rights
Likelihood of damages award
Less vulnerable to a challengeCommissioners seizure orders more effective
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CONS
Delays Trial, Appeal Stages
Damages not usually awarded
No severe punishment for violation of rights
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PROS
Quick remedy
Greater opportunity to quickly counteract
violation, with arrest acting as a deterrent
CONS
Chances of seizure of goods low
Difficulty in coordinating with the police
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Administrative remedy in the form of an AntonPiller Order can be obtained.
These orders direct opponents to allowapplicants to search their premises forevidence (of infringement) and seize suchevidence.
They are granted if there is a very strongprima facie case against the opponent. Thesuspected infringer is not warned in advance
that a search will take place. This ensures that he does not have the
opportunity to conceal or destroy evidence.
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