Copyright Act, 1957

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Copyright Act, 1957
Dr. T.K. Jain.

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Centre for social entrepreneurship Bikaner M: 9414430763 tkjainbkn@yahoo.co.in www.afterschool.tk, www.afterschoool.tk
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WHAT IS COPYRIGHT?
• right of artist, author, producer of films etc. who have created a work by use of their artistic skills.

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COMPARISON WITH PATENT LAW
• Patents Act, 1970 is designed to protect inventions in respect of manufacture, machine or process of manufacture. Copyright Act is to protect creative performance / literature writing /dramatic or artistic work and has provisions to protect copyrights of foreign work also. This Act has attained special significance in view of GATT agreement. Under this international agreement, all signatory nations have to take steps to protect intellectual property rights (IPRs). It may be noted that registration of patent is compulsory, while registration of copyright or trade mark is optional.

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What is an artist work?
• (i) a painting, sculpture, a drawing (including a diagram, map, chart or plan), an engraving or photograph. It does not matter whether or not any such work possesses artistic quality and (ii) work of architecture [section 2(c)]. Work of Architecture‘ means any building or structure having an artistic character or design, or any model for such building or structure [section 2(b)]. Note that a trade mark designed in an artistic way can be protected under Trade Mark Act (as Trade Mark) as well as under Copyright Act (as artistic work)
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What is a dramatic work
• Dramatic Work‘ includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise; but does not include a cinematograph film.

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What is a literary work?
• Articles / books, stories, poems, and includes computer programmes, tables and compilations including computer databases [section 2(o)].

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Tenure of copyright?
• Normal term of copyright is throughout the lifetime of author plus 60 years from beginning of calendar year next following the year in which the author dies. In case of joint authorship, the author who dies last will be considered (section 22).

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Compulsory permission to copy
• If owner does not grant permission for republication, performance or communication to public, Copyright Board can direct Registrar of Copyrights to grant compulsory licence to complainant on such terms and conditions as it deems fit [section 31(1)].

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Registration of copyright…
• Copyright may be registered with Registrar of Copyrights (section 44). Registration is not compulsory. The register will contain details like name or title of work, name and addresses of authors, publishers and owners of copyright. Application for registration has to be made in prescribed form with fees.
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Assignment…
• The owner of copyright can assign the copyright to a work. Such assignment can be partial or full or subject to limitations and for limited term or full term. Even rights of future work can be assigned, but the assignment becomes effective only when the work comes into existence. [Some leading and popular authors sell their work at fat price even before it is complete.] After assignment, the assignee gets rights assigned and balance rights remain with the assignor (section 18).
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Rights regarding literacy work …
• (i) To reproduce the work in any material form including the storing of it in any medium by electronic means (ii) to issue copies of work to the public - this clause does not apply to copies which are already in circulation (iii) to perform work in public or communicate to public (iv) to make any cinematograph film or sound recording (v) to make translation (vi) to make adaptation of work (vii) to do, in relation to translation or an adaptation of work, any of the aforesaid acts mentioned in clause (i) to clause (vi).
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Rights of a computer programmer
• (i) To do any of the acts specified above in relation to literary work (ii) to sell or give on commercial rental or offer to sale or for commercial rental any copy of the computer programme. However, such 'commercial rental' does not apply in respect of computer programmes where the programme itself is not the essential object of the rental. ]. [proviso to section 14(b)(ii)]
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Rights regarding artistic work
• (i) to reproduce in any material form including depiction in two dimensions from three dimensions or vice versa (ii) to communicate work to public (iii) to issue copies of work to the public which are not already in circulation (iv) to include the work in any cinematograph film (v) to make any adaptation of the work (vi) to do in relation to an adaptation of the work, any of the acts specified in clause (i) to (iv) above.
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Rights of maker of a film
• (i) To make a copy of the film, including a photograph of any image forming part thereof (ii) to sell or give on hire of offer for sale or hire, any copy of the film. It does not matter whether or not such copy was sold or given on hire on earlier occasions. (iii) to communicate the work to public.

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Rights regarding sound recording ..
• (i) To make any other sound recording embodying it (ii) to sell or give on hire of offer for sale or hire, any copy of the film. It does not matter whether or not such copy was sold or given on hire on earlier occasions (iii) to communicate the sound recording to public

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About AFTERSCHO☺OL
• PGPSE - World’s most comprehensive programme on social entrepreneurship – after class 12th • Flexible – fast changing to meet the requirements • Admission open throughout the year • Complete support from beginning to the end – from idea generation to making the project viable.
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Branches of AFTERSCHO☺OL
• PGPSE programme is open all over the world as free online programme. • Those who complete PSPSE have the freedom to start branches of AFTERSCHO☺OL • A few branches have already started one such branch is at KOTA (Rajasthan).

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Workshop on social entrepreneurship
• We conduct workshop on social entrepreneurship – all over India and out of India also - in school, college, club, association or any such place - just send us a call and we will come to conduct the workshop on social entrepreeurship. • These workshops are great moments of learning, sharing, and commitments.
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FREE ONLINE PROGRAMME
• AFTERSCHO☺OL is absolutely free programme available online – any person can join it. The programme has four components : • 1. case studies – writing and analysing – using latest tools of management • 2. articles / reports writing & presentation of them in conferences / seminars • 3. Study material / books / ebooks / audio / audio visual material to support the study • 4. business plan preparation and presentations of those plans in conferences / seminars
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100% placement / entrepreneurship
• AFTERSCHO☺OL has the record of 100% placement / entrepreneurship till date • Be assured of a bright career – if you join AFTERSCHO☺OL

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Pursue professional courses along with PGPSE
• AFTERSCHO☺OL permits you to pursue distance education based professional / vocational courses and gives you support for that also. Many students are doing CA / CS/ ICWA / CMA / FRM / CFP / CFA and other courses along with PGPSE. • Come and join AFTERSCHO☺OL

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