DIGITAL COPYRIGHTS

Copyright?

Copyright is a form of protection provided to authors of “original works of authorship” includingLiteraryDramaticMusicalArtisticand other intellectual works

Indian Copyright Act

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.

Why copyrights? Copyright ensures certain minimum

safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity

How To Secure A Copyright

•Copyright is secured automatically when the work is created.•A work is "created" when it is fixed in a copy or phonorecord for the first time.

challenges

Advent of I-way is technological challenge to copyright owners to prevent unauthorized users.

Ex-photocopying machines:Reproduction timeQualityDelivery timeModificationCombine with other works

The Exclusive Rights of Copyright Owners according to Section 106 of copyright act

• To reproduce the copyrighted work in copies or phonorecords;

• To prepare derivative works based upon the copyrighted work;

• To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending;

cont…

• To perform and display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

Digital copyrights in online databases Terms and conditions can be

categorized as:No downloading at allNo e storage (only printing)No copies or distribution, even

internallyNo copies or distribution to third partiesSpecific limitations on various types of

use

Enforcing digital copyrights using technology

Controlling access to copyrighted worksControlling server access

Completely UncontrolledPartially Controlled

Controlling document accessEx. Unique file format that can be read only by certain software

encryption Controlling use of the work – ex.

controlling the serial copying

Enforcing digital copyrights using technology

Authenticating the work – Use of digital signatures to place a seal

on original work Implementing electronic contracts

Use of software to implement licensing of rights and metering of use. It is a combination of access controls, digital signature and encryption technologies.

What Works Qualify for Protection

•Copyright protects "original works of authorship" that are fixed in a tangible form of expression.

•The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device.

Cont…

Literary works; Musical works, including any accompanying words; Dramatic works, including any accompanying music; Pantomimes and choreographic works;

Cont…

Pictorial, graphic, and sculptural works; Motion pictures and other audiovisual works.;Sound recordings;Architectural works.

Cont…

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

What Is Not Protected by Copyright

•Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

Cont…

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

•Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration•Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

References

http://copyright.gov.in/ http://www.ircc.iitb.ac.in/Indian

%20Copyright%20Act%201957.html http://www.copyright.com/Services/

copyrightoncampus/basics/law.html

Phonorecord

Phonograph