PRESENTED BY:-Manimala Roy

Faculty of Law

Banaras Hindu University

Rethinking CopyrightShould it be Individual Private Property or Collective

Property.

“Knowledge is power, and law is the amplifier of that power.”

What is Copyright?

• Copyright allows authors, musicians, artists, etc. to make money off of their labor. It prevents others from taking there work for free. It also prevents people from altering the work without permission.

If There is No Copyright…• The main motive for creative endeavors

(money) disappears. If authors can’t make a living writing, most will not write. If a record company can’t profit from a band, they will sign fewer bands and cut loose the money losers.

• If copyright exists but can’t be enforced, the above still happens eventually. The end result is less creative content and hard to pirate distribution methods become preferred like print and closed databases.

What Can Be Protected?

• Literary Works

• Musical Works

• Dramatic Works

• Choreographic Work

• Pictorial, Graphic, and Sculptural Works

• Motion Pictures and AV

• Sound Recordings

• Architectural Works

What Does Copyright Give Rights Holders?

• Right to reproduce the work.

• Right to prepare derivative works.

• Right to distribute copies for sale.

• Right to perform AV works publicly.

• Right to display musical and artistic works publicly.

The Universal declaration of human Rights Article 27:

• Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

• The Copyright protection, is “sine qua non” for the protection of the economic rights of the author /copyright owner.

Copyright is a bundle of exclusive rights• Copyright is a bundle of exclusive rights.

Right owner can prevent all others from copying his work according to copyright Law.

• Person’s skill and labour is his property.

• Exclusive rights in copyrighted work are limited in time.

• A limited period serve public interest.

A Balancing Right

• The copyright law, today serves the interest of owner and make a balance between public interest and digital environment.

• It is because to establish protection for various intermediaries associated with the dissemination and broadcasting of works.

A Balancing Right (Cont.)

• The development of technology needs protection.

• The rights of producers of phonograms are recognized because there creative financial and organizational resources are necessary to make recorded sounds available to the public in the form of commercial phonograms.

Copyright Protect Unlawful Reproduction or Exploitation of Work

• Copyright protection is essential to encourage exploitation of copyright work for the benefit of the public.

• The exploitation is done by entrepreneurs like publishers, film producers or sound recording producers to whom the owner of copyright assigns or licences the perticular rights.

Foundation of Copyright law

• The law does not permit one two appropriate to him self what has been produced by the labour, skill and capital of another.

• The object of copyright law is to protect the author of the copyright work.

• Unlawful reproduction or exploitation of his work by others.

Copyright Law Avoids Unauthorized Reproduction

• All persons, who make their work publicly accessible to others require their own protection against the illegal use of their contribution in the process of communicating the work to the public.

• It is the enterprenuer pays for the marketing and advertising of the work in its fixed form.

Copyright Law Avoids Unauthorized Reproduction (cont.)

• The rational of copyright that if he is to recoup his investment and make a profit he has to be protected against unauthorized reproducation.

• The person’s skill and labour is his property.

Copyright Law Avoids Unauthorized Reproduction (Cont.)

• If the rights of enterprenuer rights are not protected the pirate could almost invariably produce copies at a much lower price.

• The individual private property is to be protected and their should be rethinking of copyright to make a balance of individual private property and collective property.

Conclusion

Copyright specifically and intellectual property are among some of the most

important policy issues of our day, both in terms of national and institutional

policy.

Higher education should champion the issue in order to maintain its missions and preserve its institutional autonomy nationally and abroad and to provide a beacon to the world on how to balance

private property, open markets, availability of information and the free

flow of ideas.

Thank you