Professional Documents
Culture Documents
By
Dr. Kalyan C. Kankanala
Brain League IP Services
Author
Creative Work
Copyright (Exclusive Rights)
Term
Public domain
Nature of Copyright
Idea/Expression
Original
Originate from author
Modicum of Creativity
Registration
R.G. Anand vs. Delux Films and Ors.
Play
Movie
Literary
Dramatic
Artistic
Musical
Cinematograph Films
Sound Recordings
V. Govindan vs. E. M. Gopalakrishna
Kone and another
Compilation of a English - English - Tamil Dictionary
The Appellants copied the dictionary slavishly
Errors, arrangement and words.
For a different purpose but retained words not
necessary - School Dictionary
Dictionary is protectable under copyright - creative
Held - liable
N. T. Raghunathan v. All India
Reporter Ltd
AIR came up with head notes to case, which
included important excerpts from the case.
Poems
Computer programs
Tables
Compilations
Dramatic Work
Drama
Piece for recitation
Choreographic work
Entertainment in a dumb show Scenic
arrangements or acting form - fixed in writing or
otherwise
Musical Work
Music
Painting
Sculpture
Drawing
Engraving
Diagram
Map
Chart
Plan
Photograph
Architecture
Cinematographic work
Visual recording
Any medium
Produced through a process
Moving image
Including Sound recording
Sound Recording
Recording
Any medium
Produce sounds
Term
Commissioned work
Valuable consideration
Exclusive rights
Bundle of rights
Reproduction
Issue copies
Distribute
Public performance or communication
Translation
Adaptation
Sell or Hire
Moral Rights
Publication
Paternity
Integrity
Section 57
Smt. Mannu Bhandari vs. Kala Vikas
Pictures Pvt. Ltd. and another
Director. Kala Vikas has produced motion picture Samay Ki Dhara’
under assignment of filming rights of her novel ‘Aap Ka Bunty’.
Author alleges mutilation and distortion of the novel
Movie different from Novel
Consequences of divorce - impact on children
Mother and Father divorce and remarry leaving the child
One character who was adivisional manager in the novel has been
shown as a builder who gets contracts by supplying woman.
The novel shows that the child becomes an orphan but the movie kills
him.
Not Published
Citizen or Domiciled in India - Creation
Publication
Issue copies
Communication to public
Performer's rights
Assignment or License
Valid only if it is in writing and signed by
assignor or agent
Doctrine of first sale
Reversion of License - 1 year
Compulsory License
Copyright Board
Conditions
Published or Performed in public
Author refuse to republish or perform
Not reasonable terms
Withheld from public
Procedure
Complaint
Enquiry
Order publication or performance
Reasonable compensation
Infringement
Section 51
Any person
Without license
Owner
Registrar
Existence of copyright
Owner of copyright
Copying
Access
Substantial similarity
Balamurugan
Mayura Priya
Different colour schemes
Large picture and small picture
Peacock faces left and right in the other
Background - Fort and Temple
Court Held colourable imitation of the picture
Liable for copyright infringement
Exception to copyright infringement
Private use
Teaching and Education
Research
Criticism or Review
News reporting
Judicial proceeding
Legislative proceedings
Archival for library
Civil Remedies
Injunction
Interlocutory
Permanent
Damages
Costs
Criminal Remedies
Mens Rea
Imprisonment
6 months to 2 years
Fine
50,000 - 2 Lakhs
State of Andhra Pradesh v. Nagoti
Venkatramanan