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MB0051 Unit 15 the Copyright Act

MB0051 Unit 15 the Copyright Act

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Published by: Sensorica Evanescere on Sep 19, 2011
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12/23/2012

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Unit-15-The Copyright Act
 
Structure
 15.1 IntroductionObjectives15.2 Copyright, its Ownership and TermWorks in which copyright subsists (Sec.13)Meaning of copyright (Sec.14)Ownership of copyright (Sec.17)Term of copyright15.3 LicencesLicence by owners of copyrightCompulsory licence in works withheld from publicCompulsory licence in unpublished Indian works (Sec.31A)Licence to produce and publish translation (Sec.32)15.4 Copyright SocietiesRegistration of a copyright society (Sec.33)15.5 Rights of Broadcasting Organisation and of PerformersBroadcasting reproduction rights (Sec.37)
Performer‟s right (Sec.38)
 15.6 International Copyright15.7 Infringement of Copyright15.8 Civil Remedies for Infringement15.9 Summary15.10 Terminal Questions15.11 Answers15.1 Introduction
 
In the earlier units, you came to know about the patent act, in this unit you learn aboutthe concept of copyright act.The law relating to copyright is contained in the Copyright Act, 1957. It extends to thewhole of India and came into force on January 21, 1958. The Act has been amended in1983, 1984, 1992 and 1994 primarily to bring the Indian law in conformity with theinternational conventions in general and Bern Convention and the Universal CopyrightConvention in particular.ObjectivesAfter studying this unit you should be able to:· Define copyright· Describe copyright societies· Explain international copyrights· Describe civil remedies for infringement15.2 Copyright, its Ownership and TermThis part enumerates works in which copyright subsists and works in which it does notsubsist. Further, it gives the meaning of copyright. Also, the term and ownership of copyright are discussed.15.2.1 Works in which copyright subsists (Sec.13)Copyright subsists throughout India in the following classes of work:(a) original, literary, dramatic, musical and artistic works; (b) cinematograph films; and
(c) sound recordings. The terms „literary works‟, „dramatic work‟ and „musical work‟ have
already been defined in Part -1.However, copyright shall not subsist in any work specified above (other than foreign worksor works of certain international organisations) unless
 (i) in the case of a published work, the work is first published in India, or where the workis first published outside India, the author was a citizen of India on the date of publication, and if dead on that date, on the date of his death; (ii) in the case of anunpublished work (other than a work of architecture), the author is at the date of makingof the work, a citizen of India or domiciled in India, and (iii) in the case of a work of architecture, the work is located in India.The copyright in a cinematograph film or a sound recording shall not affect the separatecopyright in any work in respect of which or substantial part of which, the film, or as thecase may be, the sound recording is made.15.2.2 Meaning of copyright (Sec.14)
The term „copyright‟ means the exclusive right, by virtue of, and subject to the provision
of the Act:(a) in the case of literary, dramatic or musical work, not being a computer programme
 (i) to reproduce the work in any material form including the storing of it in any medium byelectronic means; (ii) to issue copies of the work to the public not being copies already incirculation; (iii) to perform the work in public, or communicate it to the public; (iv) to
 
make any cinematograph film or sound recording in respect of the work;(v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) todo, in relation to a translation or an adaptation of the work, any of the acts specified inrelation to the work in (i) to (vi);(b) in the case of computer programme
(i) to do any of the acts specified in clause (a)above; (ii) to sell or give on hire, or offer for sale or hire any copy of the computerprogramme, regardless of whether such copy has been sold or given on hire on earlieroccasions;(c) in the case of an artistic work
(i) to reproduce the work in any material formincluding depiction in three dimensions of a two
dimensional work or in two dimensionsof a three
dimensional work; (ii) to communicate the work to the public; (iii) to issuecopies of the work to the public not being copies already in circulation; (iv) to include thework in any cinematograph film; (v) to make any adaptation of the work; (vi) to do inrelation to an adaptation of the work any of the acts specified in relation to the work in (i)to (iv) above;(d) in the case of a cinematograph film
(i) to make a copy of the film, including aphotograph of any image forming part thereof; (ii) to sell or give on hire; or offer for saleor hire, any copy of the film, regardless of whether such copy has been sold or given onhire on earlier occasions; (iii) to communicate the film to the public.(e) In the case of a sound recording
(i) to make any other sound recording embodying it;(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recordingregardless of whether such copy has been sold or given on hire on earlier occasions; (iii) tocommunicate the sound recording to the public.15.2.3 Ownership of copyright (Sec.17)The author of the work is recognised to be the first owner of the copyright therein. This ishowever, subject to some exceptions given below:1. In the case of a literary, dramatic or artistic work made by the author in the course of his employment or apprenticeship under the proprietor of a newspaper, magazine orsimilar periodical, for the purpose of publication, the said proprietor shall be the firstowner of the copyright in the work (in the absence of any agreement to the contrary)insofar as the copyright relates to the publication in the newspaper, magazine or otherperiodical. Except in such cases, the author will be the first owner of the copyright in thework.2. If the photograph is taken or a painting or portrait is drawn or an engraving orcinematograph film is made on payment at the instance of any person, such person, in theabsence of any agreement to the contrary, shall be the first owner of the copyrighttherein.
3. If a work is made in the course of the author‟s employment under a contract of service
or apprenticeship, the employer (not being the proprietor of a newspaper, magazine orperiodical) in the absence of any agreement to the contrary, the employer shall be thefirst owner of the copyright therein.4. If any person has delivered any address or speech in public, then he shall be the firstowner of the copyright. However, if the address or speech is delivered on behalf of anyother person, then such other person shall be the owner of the copyright therein.

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