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Ô Right given to creators - Authors,
composers, computer programmers,
website designers & others
Ô Gives the creators a legal protection for
their literary, artistic, dramatic & other
types of creations, referred to as
`worksƞ
ÄA diverse bundle of exclusive rights ƛ
limited but lengthy period of time
Ä Control the economic use

Ä Moral rights ƛ authorƞs reputation and

integrity
Ô Copyright is the legal protection extended to
the owner of the rights in an original work that
he has created.
Ô It comprises two main sets of rights:
Ô The á

 
are the rights of
Ô reproduction
Ô broadcasting
Ô public performance
Ô adaptation
Ô translation
Ô public recitation
Ô public display
Ô distribution
Ô The 

include:
Ô the author's right to object to any distortion,
Ô mutilation or
Ô other modification of his work that might be
prejudicial
Ô to his honor or reputation
Ô In principle, the term of protection is the
creator's lifetime and
Ô a minimum of 50 years after his death.
ÿ Related rights ƛ
Ä rights given to performers ƛ actors and musicians
Ä phonogram producers ƛ producers of sound
recorders
Ä broadcasters ƛ radio and television programs

Copyright ƛ protects the works of authors themselves

Related rights ƛ Performing, communicating and

disseminating works to public

E.g. A song
 pow are these relevant
Ô Control commercial exploitation of original work
Ä Books, music, films, computer programs, original
databases, advertisements, content on websites, video
games, sound recordings, radio & television programs or
any other creative works ƛ sustainable competitive edge
ÿ Generate Income
Ä Selling (e.g. prints of a painting or a photograph)
Ä Assign or sell copyright to another person or
company
Ä License
ÿ Raise Funds ƛ Use bundle of exclusive rights as a
collateral
ÿ Take action against infringers
ÿ Use work owned by others, e.g. playing music
pow to obtain copyright and related rights
Ô Copyright and related rights are granted without any
protection ƛ a work is AUTOMATICALLY protected as soon
as it is created
Ô An unprotected work is difficult to defend in case of an
infringement
Ô National Copyright Office
Ô International Treaties ƛ harmonize laws of various
countries
Ä The Berne Convention (1886) ƛ main treaty; the rule of
Ơnational treatmentơ, meaning that in every country,
foreign authors enjoy the same right as national authors
Ä The Rome Convention, The Phonograms convention, The
TRIPS Agreement ƛ harmonizing international trade with
protection and enforcement of IP rights, WCT, WPPT
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 Scope of Protection
Ô Literary works ƛ books, magazines, newspapers, technical papers,
instruction manuals, catalogs, tables and compilations of literary
works
Ô Musical works or compositions
Ô Dramatic works (not only plays but also a sales training program
captured on videocassettes)
Ô Artistic work ƛ cartoons, drawings, paintings, sculpture and
computer artwork
Ô Photographic works (both on paper and digital form)
Ô Computer program and software
Ô Databases
Ô Maps, globes, charts, diagrams, plans and technical drawing
Ô Advertisements, commercial prints and labels
Ô Cinematographic works, including motion pictures, television shows
and web casts
Ô Multimedia products
Ô In some countries, works of applied art
 Criteria for protection

Work must be original. Originality relates to the form of expression and

not the underlying idea, concept, process, discovery, method of
operation.

Ô The originality relates to form of expression,

expression, not the underlying
idea.
Ô The work should be fixed in some material form ƛ written on paper,
stored on a disk, painted on a canvas or recorded on a tape. E.g.
choreographic works or improvised speeches or music performances
that have not been recorded or notated, are not protected
Ô Copyright protects both published and unpublished works
Ô Creating an original work requires labor, skill, time, ingenuity and
mental effort.
Ô A work with no creative element, quality or value still enjoys the
right of protection, irrespective of artistic or literary merit.
 Work not protected by Copyright

Ô Ideas or concepts.
Ä Examples
† The existence of a Ơsuperheroơ is an idea. Its expression in the form
of various characters like Superman, Batman, Spiderman etc.
† A particular photograph of sunset can be protected, but cannot stop
others from taking pictures of the sunset.
† Your company has manual that describes method of brewing beer.
The way you have written the manual and the phrases and
illustrations used is your copyright. You cannot prevent others from
using the machinery, processes and merchandising methods
described in the manual or prevent others from writing another
manual on brewing beer.
ÿFacts or information
Ä Does not protect historical, scientific, biographical or
news, facts. Only the manner in which it is presented.
† Example A biography of a person may contain several
facts which he has spent considerable time exploring.
This cannot prevent others from using the same facts in
their work.
† One can use information in a recipe book to cook a dish,
but cannot make copies of the recipe.
ÿ Names, titles, slogans and other short phrases
ÿ Official government works have no copyright protection
in some countries
ÿ Works of Applied Art
Ô Ideas, Concepts, Discoveries
Ô Titles, names, short phrases, slogans
Ô Improvised speech or dance : Works not fixed
in a tangible form
Ô Information commonly available and
containing no originality
 Economic Rights
Ô The owner gets exclusive rights to:
Ä Reproduce a work in copies ƛ the most important right ƛ
right to copy a CD, photocopy
Ä Distribute copies of a work to the public
Ä Rent copies of a work
Ä Make translations or adaptations of a work. Such works
are called derivative works. Restriction on computer
program ƛ may modify only for its regular use
Ä Publicly perform and communicate a work to the public
Ä Receive a percentage of the sale price if a work is resold
Ä Make works available on the Internet
Ô Owner derives a financial reward
from the use of his works by others
Ô The owner can authorize/ Prevent
a) Reproduction in various forms
b) Distribution of copies
c) Public performance
d) Broadcasting and other communication to the
public
e) Translation to other languages
f) Adaptation : Novel to screenplay
 Right to Reproduction

Ô Most basic right

Ô Right to authorize distribution :
Owner derives economic value
Ô Right to authorize rental of copies

Ô Right to Importation
 Rights of Public performance,
broadcasting , communication
Ô Public performance : Any performance
of a work at a place where the public
is or can be present; or at a place not
open to the public , but where a
substantial number of persons outside
the normal circle of family etc is
present
Ô Includes means of recordings
 Broadcasting rights

Ô Covers the transmission for public

reception of sounds, or of images
and sounds, by wireless means ,
whether by radio , TV, or satellite
Ô Can be replaced by equitable
remuneration
 Translation and adaptation
rights
Ô Needs authorization from owner of
original work AND the owner of
translation and adaptation
Ô Translation : Expression of a work in a
language other than the original version
Ô Adaptation : Modification of a work to
create another work
 Moral Rights
Ô The right to be named as the author of the work
ƛ when a personƞs work is communicated to the
public, the person doing so must make sure that
the authorƞs name appears on or in relation to
the work
Ô Cannot transfer moral rights
Ô Moral rights : Independent of
Economic rights
Ô Remains with the author even if
economic rights are transferred
Ô Given only to Individual authors
Ô Protect the integrity of the work ƛ prohibits
the making any changes to a work that would
tend to damage the authorƞs honor or
reputation. Example Architect Santiago Calatrava
in the city of Bilbao, Spain. Commissioned to
build a bridge. Called Zubi Zuri
Zuri.. Later for
development commissioned Japanese architect,
Isozaki Atea. Break the balustrade and build
extension. Calatrava took Bilbao City Council to
court claiming violation of moral right to integrity
of his work. The conclusionƦƦ
Ô Moral rights : Preserves the personal link
between himself and his work
a) Right to claim authorship

(Right of paternity)
a) Right to object to any distortion/
Modification of the work which can be
prejudicial to the authorƞs honor or
reputation ( Right of integrity)
 Related Rights
Ô Performerƞs Rights ƛ e.g. actors, musicians, dancers,
jugglers, snake charmers etc. The exclusive right to
authorize or prohibit the fixation in any medium, the
communication to the public or broadcast or transmission
by any other means
Ô Producers of phonograms ƛ record producers or
manufacturers have the exclusive right to authorize or
prohibit the reproduction, use or distribution of their
recordings.
Ô Broadcasters - enjoy exclusive rights in their wireless
communication signal such as the right to rebroadcast it,
to fix the signal
 pow long do copyright and related rights
last

Ô In India protection of economic rights is for the authorsƞ

lifetime plus 60 years. In most countries it is 50 and in
some even 70. It is not only the authors who benefit,
but also the heirs. If several authors are involved ƛ the
last surviving author.
Ô Moral rights are perpetual; in some countries they expire
at the same time as economic rights
Ô Duration of related rights generally shorter than the
economic rights. E.g. in India broadcastersƞ rights are 25
years from the date of the broadcast; performerƞs rights
are for a duration of 50 years
 pow to protect rights

Ô Without formalities, a piece of work is difficult to

defend in case of infringement
Ä Copyright Office ƛ get it registered at the national
office
Ä Deposit a copy with a bank or lawyer.
Ä Send a copy to yourself in a sealed envelope with a clear
date stamp on it and leave it unopened.
Ä Mark with a Copyright notice
Ä Mark your works with Standard Identification Numbering
System
 Ownership of Copyright
Ô Authorship and ownership ƛ issue of authorship more important in case
of moral rights and to determine the expiry of copyright

Ô Owner ƛ has the right to exploit the work commercially

Ô Moral rights ƛ always belong to the individual creator. Companies do not

have moral rights. E.g. if a company produces a film, only the director
and screenplay writer have moral rights

Ô Work of an employee ƛ If work created within the scope of employment,

then employer is the owner of copyright, unless an agreement to the
contrary is there; deed of assignment. E.g. a computer programmer
working for a company ƛ economic rights over software belong to the
company

Ô Commissioned Work ƛ In most countries the creator has the

copyright; person who ordered the work has license to use for the
commissioned purpose. Work for hire ƛ entity that pays is the owner. Re-
Re-
use of commissioned work. E.g. advertisement for a company
Ô Joint works ƛ authors have an equal share
Ô Collective works ƛ each author owns the copyright in the part
he/she created. E.g. compilation of songs in a CD
Ô Derivative works ƛ Adaptation of a book into a movie. Take
permission from the copyright owner
 Assign or License

Ô Sell the works ƛ Copyright remains with the author

Ô Sell the copyright ƛ Assignment. Again only the
economic rights and not the moral rights can be sold
Ô License ƛ Permission granted to others to exercise one
or more of your economic rights. You can license some
rights and not others. E.g. Licensing the right to copy
and use a computer game, you may retain right to
create derivative works
 Collective Management
Organization
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Ô Most of the time an author is not materially
capable of monitoring all uses of his works; he
cannot for instance contact every single radio or
television station to negotiate licenses and
remuneration for the use of his works.
Conversely, it is not
practical for a broadcasting
organization to seek
specific permission from
every author for the use of
every copyrighted work
work..
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 Core Activities of CMO
Ô Documentation of works of its members
Ô Licensing and collecting royalties on behalf of its
members
Ô Gathering and reporting information on the use
of works
Ô Monitoring and auditing
Ô Distribution of royalties to its members
Ô Reciprocal arrangement with other CMOs
throughout the world
 Advantages
Ô One stop shop ƛ greatly reduces
administration burden for users and right
holders
Ô Collective Bargaining ƛ allows owners to
obtain terms and conditions
Ô Blanket license ƛ allows the licensee to
use any item in the CMOƞs catalogue
Ô Enforcement and education
 Collective Management in Music
Industry
Ô Mechanical Rights ƛ collected on behalf of
authors, composers and publishers
Ô Performance Rights ƛ collected on behalf of
authors, composers and publishers
Ô Performance Rights ƛ collected on behalf of
performers and phonogram producers
Ô Broadcast Corporation ƛ pay for right to
broadcast music ƛ the composer assigns his/her
rights to a CMO ƛ in turn negotiate with all those
interested in publicly performing music ƛ CMO
pays royalties to the composer
 Collective Management Organizations

Ô pandle all aspects of licensing

Ô Considerable time, money and effort ƛ gather
market information, search for potential licensors and
negotiate contracts
Ô Example ƛ TV and radio stations ƛ monitor uses of works
on behalf of creators and are in charge of negotiating
contracts and collecting payments
Ô Intermediaries between users and owners of copyright
Ô The following are the registered copyright societies in
India:
Ô Society for Copyright Regulation of Indian Producers for Film
and Television (SCRIPT) 135 Continental Building, Dr. A.B.
Road, Worli, Mumbai 400 018, (for cinematograph and
television films).
Ô The Indian Performing Right Society Limited (IPRS), 208,
Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri
(W), Mumbai-
Mumbai- 400 058 (for musical works).
Ô Phonographic Performance Limited (PPL) Flame Proof
Equipment Building, B.39, Off New Link Road, Andheri (West),
Mumbai 400 053 (for sound recordings).
 Using Works Owned by Others
Ô Need Permission ƛ to use other peopleƞs work if it is covered
by copyright and/or related rights
Ô The work is not in public domain
Ô If intended use is not Ơfair useơ
Ô Do not need Permission
† Facts and ideas and not the expression is used
† Public Domain
† Fair use
Ä Quotations from a work
Ä Research and study
Ä Libraries and archives ƛ original prints too delicate to handle
Ä Educational purposes
Ä Visually handicapped
 Free use

Ô Categories of works : works not fixed

in tangible form
Ô Particular acts of exploitation which
can be carried out without
authorization:
a) Free use : No obligation to
compensate the owner
b) Non voluntary licenses
 Free use

Ô Quoting from a protected work

Ô Illustration for teaching purposes

Ô News reporting

Ô Some laws allow for personal,

private and non commercial use
 Fair use
Ô Also called Fair dealing ( Sec 52 of copyright act)
Ô Allows without authorization :
a) Nature and purpose of use : Commercial nature or
for Non-
Non-profit use?
b) Amount of work with respect to the whole work:
Quotes/ Images not covering substantial volume
c) Likely effect of the use on potential commercial
value.
Cannot be authorized incase the copied work
exceeds the commercial work of the original
 Examples of Fair use
Ô Class studying an artist using samples to critique and
analyze his/her work;
Ô Making a collage for a school project;
Ô Manipulating an image to learn Photoshop or other
software.
 Checklist

Ô Maximize your copyright protection

Ô Ascertain copyright ownership
Ô Avoid infringement
Ô Get the most out of your copyright
 Infringement

Ô The burden of proof falls on the rightsƞ

owner
Ô Cease and desist letter
Ô Surprise check on infringer's premises
Ô Legal proceedings
Ô Criminal remedies
Ô National Customs Authorities ƛ prevent
importation of pirated copies
c
 


The following are some of the commonly
known acts involving infringement of
copyright:
Ô Making infringing copies for sale or hire or selling or
letting them for hire;
Ô Permitting any place for the performance of works in
public where such performance constitutes
infringement of copyright;
Ô Distributing infringing copies for the purpose of trade
or to such an extent so as to affect prejudicially the
interest of the owner of copyright ;
Ô Public exhibition of infringing copies by way of trade;
and
Ô Importation of infringing copies into India.
Ô A á á  ááá


 
áá 
Ô A copyright owner can take legal action against
any person who infringes the copyright in the
work. The copyright owner is entitled to
remedies by way of injunctions, damages and
accounts.
Ô A 
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á
 ááá

  
á

Ô The District Court concerned has the jurisdiction
in civil suits regarding copyright infringement.
Ô 

 áá  
á á
Ô Yes. Any person who knowingly infringes or abets the
infringement of the copyright in any work commits
criminal offence under Section 63 of the Copyright Act.
A á á
á

 
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á á
 
Ô The minimum punishment for infringement of copyright
is imprisonment for six months with the minimum fine of
Rs. 50,000/-
50,000/-. In the case of a second and subsequent
conviction the minimum punishment is imprisonment for
one year and fine of Rs. one lakh.
Ô A copyright notice or copyright symbol is
an identifier placed on copies of the work
to inform the world of copyright
ownership. While use of a copyright notice
was once required as a condition of
copyright protection, it is now optional.
Ô Acts as a deterrent
Ô Willful infringement
Ô c
 
 á
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á
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á
 ác In accessing the BBC's
web pages, you agree that you may only download the
content for your own personal non-
non-commercial use.
Ô Except where expressly stated otherwise, you are not
permitted to copy, broadcast, download, store (in any
medium), transmit, show or play in public, adapt or
change in any way the content of these BBC web pages
for any other purpose whatsoever without the prior
written permission of the BBC.
 Sita Sings the Blues

Nina Paley in a copyright tussle over

music rights ƛ 1920ƞs music of Annette
panshaw

Ô The copyright over the recordings has expired, but the

underlying lyrics and written music is still under
copyright
Ô Big Boys ƛ EMI, Sony-
Sony-ATV Music Publishing among
others
Ô The royalty for original songs ƛ $220,000
Ô Step Deal
Ô Sale of every DVD - royalty
 Gandhijiƞs Works
Ô Gandhijiƞs entrusted the copyright of his works to
Navjivan Trust, Ahmedabad
Ô The copyright on his works has expired this year
Ô The fear of distortion
Ô The Trust is not asking for extension
Ô The prices will soar
Ô Navjivan Trust will continue publishing at lower
prices
Ô Tarun Tahiliani vs. Rajesh Masrani
Ô Rajesh Masrani ƛ infringed the copyright
of artistic works of Mr. Tahiliani
Ô Artistic Works ƛ the drawings made in the
course of developing garments, the
patterns printed and embroided on the
fabric were also artistic work
Ô First argument ƛ Section 15(2) of the
Copyright Act ƛ only 20 copies made
Ô Mattel Inc. vs. Agarwala Brothers
Ô Mattel won on Trademark infringement grounds
Ô Mattel lost on Copyright infringement grounds
Ô Court held that cannot have copyright on idea
Ô In a game, the underlying idea not very different
from expression
Ô They continue ƛ called Wordscraper
 Microfibres vs. Girdhar

Ô Microfibres ƛ American company ƛ upholstery

fabrics
Ô Drawings applied to upholstery fabric ƛ
copyright ƛ both registered and unregistered
Ô Court decision
† the print on the upholstery fabric was made
more than 50 times, lost copyright
† Registered in UK as designs
† Prints not work of art as in a painting
† The purpose not to put on the wall, but put to
industrial use
 Ô www.wipo.net
Ô www.uspto.gov
Ô www.epo.org
Ô www.ep.espacenet.com/
Ô www.patentoffice.nic.in/
Ô ]
Ô WIPO: Secrets of Intellectual Property: A guide to small and
medium sized exporters, Geneva, 2004
Ô WIPO: Looking Good: An Introduction to Industrial Designs for
small and medium sized exporters, Geneva 2003
Ô WIPO: Inventing the Future: An Introduction to Patents for small
and medium sized exporters, Geneva 2005
Ô WIPO: Marketing Crafts and Visual Arts: The Role of Intellectual
Property - A practical guide
Ô Making a mark-
mark-An Introduction to Trademarks for Small and
Medium ƛsized Enterprise-
Enterprise-Intellectual Property for business series
number 1, WIPO(2003)
Ô A stitch in time-
time-Smart use of Intellectual Property by textile
companies, WIPO.