Copyrights as a part of intellectual property rights with reference to TRIPS (Trade

related intellectual property rights) with relevant clauses

GROUP MEMBERS • Anjali Shukla (147)• Ajinkya Sonawane(151)• Laima Tellis (157)• Mandar Shirke (145)• Monil Sheth (143)• Nishita Shenoy (141)• Rahul Sirsat(149)• Rohit Soni (153)• Sagar Srivastava(155)• Joney Thakur (159)

INTELLECTUAL PROPERTY RIGHTS (IPR’s) Intellectual Property: Creations of the human mind.

IPR’s: Legal rights given to creators of intellectual property.

Importance first recognized in the Paris Convention for and the Berne Convention.

Reasons to protect intellectual property:a)Give statutory expression to the moral and economic rights of creatorsb)Promote creativity contributing to economic and social development.

 TYPES OF IPR

Copyright - Rights related to copyright: Related to artistic creations as books,music,painting etc.European Countries-Author’s right.Life plus 60 year’sRight’s of- a)Performance b)Phonograms c)Broadcasting

Industrial Property-Forms- Patent, trademark , Geographical indication's etc.

2 broad area’s-a)Distinctive sign and geographical indication’sb)Protects innovation.

BERNE CONVENTIONProtects literary and artistic works.The convention was first adopted in 1886 in Berne, Switzerland.166 member countries as on Aug, 2013.Principal features:

Country of originCopyright termFair use

TRIP’s AGREEMENTCame into effect on 1 January 1995Multilateral agreement on intellectual propertyCovers

Copyright and related rightsIndustrial property

Features:StandardsEnforcementDispute Settlement

CLAUSES OF COPYRIGHTArticle 10-Computer program shall be protected as literary works.

Article 11-The member shall protect the right of the author and his descendants to authorize production and commercially rent the work to the public.

Article 12-Copyright of the work last for lifetime and up to minimum of 50 years of his death

Article 13-Limitation and exceptions shall not be protected by the members in case the rights and authorities of author are compromised in any manner.

Article 14-a)Protection of performers b)Producers of phonograms c)Broadcasting organizations

WIPOHeadquarter – Geneva188 MembersObjective

Promote protection of IP Ensure co-operation among members

WIPO Member states

WCT, WPPT & NIPOWCT-Wipo copyright treaty

a)Protection of work in digital environment

b)Protects computer programWPPT- Wipo performance and phonogram treaty

a)Concluded in 1996 and enforced in 2002 b)Protects- Performance and producers of phonogram’s .

NIPO- National intellectual property organization a)Association of IP

b)Member’s –Scientist , author’s, artist’s , filmmaker’s c)Objective- Educate and engage the public on IP.

INDIAN COPY RIGHT ACTEnacted in 1957Borrows extensively from the British copyright act 1911 and Copyright Act of the United

Kingdom 1956Today it is in compliance with the international standards laid down by the Berne convention

INDIAN COPYRIGHT ACT

Ownership of copyright-

Rights of the owner -

Assignment of copy right-

Mode of assignment -

Licensing -

Term of copyright-

REGISTRATION OF COPYRIGHT

FILING OF APPLICAT

ION

ISSUE OF

DIARY NO.

MANDATORY WAITING

HEARING

SCRUNITIZATION

REJECTION/ACCEPATENCE

Foreign Works

Copyright Societies

Performers Rights

Broadcasters Rights

 Civil Remedies for Copyright Infringement

Copyright management in India

Chairman of the board

Registrar & Deputy registrar of copyrights

Other Board Members

AMENDMENTS

• The Indian Copyright Act 1957 has been amended six times after its inception, the latest being 2012.

Some noteworthy changes are • “Literary work” was amended to include computer programs, tables, compilations of databases• First sale exhaustion was extended to the cinematograph film and sound recordings realm.

( secondary market)• introduced affirmative performers’ rights entitling them for royalties

GLOBAL PERSPECTIVE ON COPYRIGHT ACT

ISSUES INDIA BRAZIL USA

What is the general scheme of exceptions from copyright protection?

Specific categories operating under an umbrella of a general doctrine (fair dealing)

One general doctrine without specific categories (fair use)

One general doctrine without specific categories (fair use)

Do licensing agreements need to be in writing to be valid?

YES, the licensee has no right to use works unless it the license is in writing

NO, it is only a matter of evidence

YES, the licensee has no right to use works unless it the license is in writing

Can a license be granted for free?

NO, there must be some remuneration

YES, as long as the agreement is voluntary

YES, as long as the agreement is voluntary

Are moral rights recognized with respect to all categories of authors / works?

YES, regardless of the category of authors or works, the author has moral rights

YES, regardless of the category of authors or works, the author has moral rights

NO, moral rights are not recognized by our copyright laws at all

COPYLEFT• A form of licensing that gives rights to reproduce, adapt or distribute copies of the work.

• Freedoms in copyleft: Freedom 0 Freedom 1 Freedom 2 Freedom 3

Types of copyleft license

Strong and Weak-eg of strong - Design science licenceeg of weak -GNU Lesser General Public License and the Mozilla Public License

Full and Partial –eg In artistic creation full copylefting is sometimes not possible or desirable .

Share-alike-Some permutations of the Creative Commons license are an example of a share-alike license.

PIRACY Piracy: Defined under TRIPs

The most common types of piracy of copyright-protected materials concerns books, music, films and software. 

Economic Impact: In 2009, $866 millions tax losses to Indian Government .

Case Studies on PiracyGulshan Kumar murder Media & Entertainment Industry 1. 959 Million dollars loss(2008) 2. 7700 jobs lost (2008)

3. USD 4 Billion loss due to music piracy Protective Measure (John doe Order) Fifa World Cup 2002

Case on Copyright• Reckitt Benekiser (RB) vs Dabur• Advertisement • Arguments (passing off & Copyright Infringement) • Decision

INFERENCE FROM

THE SURVEY

INTERVIEWWhat is the future of copyright act in India.? Ans - The position of copyright act in India appears to be promisingHow is Indian copyright act different from that in the west.? If inferior what can be done

to cope up? Ans- Every law enacted by the respective nation tries to protect the interest of its nationalsWhat can be done to increase awareness about copyright act in India? Ans- India is a developing country and it will take some time to understand the concepts of copyrightHow much can it impact the original author if no copyright act is there.? Ans- It would seriously hamper the new ideas, artistic work to name a few.Are there any issues that surround the copyright act? Ans- Registration of copyright work should be made for simpler.

COPYRIGHT AWARENESS:

Q : Are you aware about copyright term?

104

10

Sales

AwareNot aware

Q : Which of the following materials created by others have you used in your research?

Images Videos Documents MP3 songs Others0

10

20

30

40

50

60

70

80

45

75

39

73

64

Number of people

No. of peple

Q : Do you check the terms of use before using articles or any content in your general use?

No. of people0

10

20

30

40

50

60

70

80

38

76

YesNo

Q : Do you know Copyrights subsist in which class of works ?

No. of people0

20

40

60

80

100

120

98

16

YesNo

Q: Suppose I want to register my cinematograph film. In which of the following option this film need to register?

No. of people0

10

20

30

40

50

60

70

80

90

100

86

19

9

CopyrightpatentTrademark

Q : Do you want there is some need for awareness ?

No. of people0

20

40

60

80

100

120

96

18

YesNo

SOME MYTH’S ABOUT COPYRIGHT’S"If I don't charge for it, it's not a violation.”

They can't get me, defendants in court have powerful rights!

"Oh, so copyright violation isn't a crime or anything?“

"It doesn't hurt anybody in fact it's free advertising."

CONCLUSIONCopyrights deal with artistic and literary works.In every way it becomes necessary to protect the rights and interests of the creators and authors

of such works. We thus realize the importance and need for protecting intellectual property.The Indian copyright act covers most all aspects of copyright law.The awareness level among end-users is also very low

THANK YOU