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COPYRIGHTS AS A PART OF INTELLECTUAL PROPERTY RIGHTS IN THE CONTEXT OF RELEVANT PROVISIONS OF W.T.

GROUP MEMBERS 12142- Swasti Pooja Mishra 12132- Sneha Kanitkar 12140- Surbhi Kothari 12134- Snehal Gadekar 12130- Siddesh kudalkar 12145- Tejas Parikh 12150- Vaidehi Desai 12147-Udit Varshney 12137-Sudeeksha raghavan

INDEX

1. Introduction 2. WTO 3. IPR Importance of IPR Why IPR implemented 4. Types of IPR 5. Copyright What is Copyright History of Copyright Needs of Copyright 6. Copyright In India 7. Right, work protected under Copyrights 8. Registration and Documentation of Copyright 9. Duration of Copyright 10. Enforcement of Copyright 11. Infringement of Copyright 12. Limitation on Copyright 13. Licenses 14. Offences 15. Impact of the 2012 Amendments on the 1957 Copyright Act 16. Copy left 17. Additional Case lets 18. Bibliography

1. INTRODUCTION
Information and knowledge are replacing capital and energy as the primary wealth-creating assets. In addition, technological developments in the 20th century have transformed the majority of wealth-creating work from physically based to "knowledge-based. Technology and knowledge are now the key factors of production. The major challenge before organizations in the coming years would be to create a culture for IPRs regime, so that creative work and innovations get duly protected. More and more organizations may have to provide at their cost the services of IP Management Consulting Firm for drafting/prosecution of the intellectual Property (IP) application(s) and also provide adequate funds for making payments for accessing the relevant IP databases for this purpose. Thus, to make Economics of Knowledge as the greatest strength of Indian economy, there would be need for creating an ecosystem for promotion of particularly knowledge driven entrepreneurship with major emphasis on creating an environment and a system to provide due protection to the intellectual properties. This can be achieved by creating a stringent IPR regime. Intellectual Property Rights (IPR), very broadly, are rights granted to creators and owners of works that are results of human intellectual creativity. These works can be in the industrial, scientific, literary and artistic domains, which can be in the form of an invention, a manuscript, a suite of software, or a business name. The importance of intellectual property in India is well established at all levels- statutory, administrative and judicial.

2. WTO
The World Trade Organization (WTO) is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements, which are signed by representatives of member governments and ratified by their parliaments. India ratified the agreement establishing the World Trade Organization (WTO). This Agreement, inter-alia, contains an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which came into force from 1st January 1995. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries, which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions of and impediments to international trade. The obligations under the TRIPS Agreement relate to provision of minimum standard of protection within the member countries legal systems and practices.

The three main features of the Agreement are:

Standards. In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum standards of protection to be provided by each Member. Each of the main elements of protection is defined, namely the subject-matter to be protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection. The Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied with. With the exception of the provisions of the Berne Convention on moral rights, all the main substantive provisions of these conventions are incorporated by reference and thus become obligations under the TRIPS Agreement between TRIPS Member countries. The relevant provisions are to be found in Articles 2.1 and 9.1 of the TRIPS Agreement, which relate, respectively, to the Paris Convention and to the Berne Convention. Secondly, the TRIPS Agreement adds a substantial number of additional obligations on matters where the pre-existing conventions are silent or were seen as being inadequate. The TRIPS Agreement is thus sometimes referred to as a Berne and Paris-plus agreement.

Enforcement. The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR enforcement procedures. In addition, it contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights. Dispute settlement. The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's dispute settlement procedures.

In addition the Agreement provides for certain basic principles, such as national and mostfavoured-nation treatment, and some general rules to ensure that procedural difficulties in acquiring or maintaining IPRs do not nullify the substantive benefits that should flow from the Agreement. The obligations under the Agreement will apply equally to all Member countries, but developing countries will have a longer period to phase them in. Special transition arrangements operate in the situation where a developing country does not presently provide product patent protection in the area of pharmaceuticals. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they so wish. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice.

3. INTELLECTUAL PROPERTY
Intellectual property (IP) is the creation of human intellect. It refers to the ideas, knowledge, invention, innovation, creativity, and research etc, all being the product of human mind and is similar to any property, whether movable or immovable, wherein the proprietor or the owner may exclusively use his property at will and has the right to prevent others from using it, without his permission. The rights relating to intellectual property are known as 'Intellectual Property Rights'. Intellectual Property Rights Intellectual Property Rights, by providing exclusive rights to the inventor or creator, encourages more and more people to invest time, efforts and money in such innovations and creations. Intellectual property rights are customarily divided into two main areas:Industrial property, which is divided into two main areas: One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin). Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. This category includes inventions (protected by patents), industrial designs and trade secrets. Copyright and rights related to copyright: The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright. Also, protection is granted to related or neighboring rights like the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. Caselet (2008): The initial print run for Harry Potter and the Half-Blood Prince was reported to be 10.8 million hardcover copies. So we can realistically conclude that if J. K. Rowling were forced to publish her book without the benefit of copyright, she might reasonably expect to sell the book to a publishing house for several million dollars or more. This is certainly quite a bit less money than she earns under the current copyright regime. But it seems likely, given her previous occupation as a part-time French teacher, that it would still give her adequate incentive to produce her great works of literature.

a. Importance Of IPR The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. The World Intellectual Property Organization (WIPO) administers both treaties. World Trade Organization (WTO) through its Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) brought the issue of Intellectual Property Rights on an international platform of negotiation. This agreement narrowed down the differences existing in the extent of protection and enforcement of the Intellectual Property rights (IPRs) around the world by bringing them under a common minimum internationally agreed trade standards. The member countries are required to abide by these standards within stipulated time frame. India, being a signatory of TRIPS has evolved an elaborate administrative and legislative framework for protection of its intellectual property. Countries generally have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. The second is to promote creativity, and the dissemination and application of its results, and to encourage fair trade, which would contribute to economic and social development. b. The need of implementation of IPR There are those who question the worth of creative products and projects, claiming design and art are something anyone can do, regardless of training, experience, or any inherent ability. As creatives, a deterioration of intellectual property rights is a dangerous possibility. By going public with our work, we have no recourse to prevent others from using our designs, our photos, or our other artwork without paying us or even offering proper credit. And yet, creatives are just as often guilty of violating these rights as those who arent in a creative profession (and sometimes, I think, more likely). We need to have more respect for our fellow creators and their work, regardless of our perceptions of what we think about their work and their process. If someone else created it, we need to respect that and abide by their wishes when it comes to use, credit, and compensation. IPR protection plays a key role in gaining competitive advantage in terms of technological gains for achieving higher economic growth in a market driven economy.

4. TYPES OF IPR
Common types of intellectual property rights include patents, copyright, industrial design rights, trademarks, trade dress, and in some jurisdictions trade secrets. There are also more specialized varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in USA law, protected under the Integrated Circuit Topography Act in Canadian law, and in European Union law by Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products), plant breeders' rights, plant variety rights, industrial design rights, supplementary protection certificates for pharmaceutical products and database rights. Patents: A patent grants an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process. Copyright: A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. Exclusive privilege to authors to reproduce, distribute, perform, or display their creative works. Industrial design rights: An industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in threedimensional form containing aesthetic value. An industrial design can be a two- or threedimensional pattern used to produce a product, industrial commodity or handicraft. Trademarks: A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. Trade dress: Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade secrets: A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.

5. COPYRIGHTS
a. Understanding copyright Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights. It is a form of intellectual property applicable to any expressible form of an idea or information that is substantive and discrete. Copyrights are said to be territorial, which means that they do not extend beyond the territory of a specific state unless that state is a party to an international agreement. Today, however, this is less relevant since most countries are parties to at least one such agreement. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws of most countries have some unique features. Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator's death, or a finite period for anonymous or corporate creations. Examples of Copyrights Gone With The Wind - the book and film, System of A Down - the band's recordings and artwork, Video games are all works that are copyrighted. Copyright application to internet users Internet users cannot scan material from periodicals and post them on the Internet. Users cannot transfer graphics or works, without the knowledge of the owner, and post them somewhere else on the Internet. Technically, no one can post electronic mail, wholly. A user can refer to a statement in an electronic mail just as in any research paper. These acts can be prosecuted in a civil court, because "copyright law is civil law". The owner can sue for damages to his or her works, if major enough. These laws can be frightening, but often, nothing can be done about violations, because they happen every day. Copyright law on the Internet is a new region for the court system, though ten copies with a value of $2,500 were made a felony in the United States. To be safe, Internet users should just ask first to insure everyone's safety.

a. History Of Copyright Copyright was invented after the advent of the printing press and with wider public literacy. As a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the 18th century. Charles II of England was concerned by the unregulated copying of books and passed the Licensing of the Press Act 1662 by Act of Parliament,

which established a register of licensed books and required a copy to be deposited with the Stationers' Company, essentially continuing the licensing of material that had long been in effect. The British Statute of Anne (1710) further alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing Books, and other Writings, without the Consent of the Authors to their very great Detriment, and too often to the Ruin of them and their Families:" A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. Aside from the role of governments and the church, the history of copyright law is in essential ways also connected to the rise of capitalism and the attendant extension of commodity relations to the realm of creative human activities, such as literary and artistic production. Similarly, different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product, expression, and property of the collective. Not until capitalism emerges in Europe with its individualist ideological underpinnings does the conception of intellectual property and by extension copyright law emerge. Intellectual production comes to be seen as a product of an individual, with attendant rights, rather than purely a collective or social product, which belongs in the commons. The most significant point is that under the capitalist mode of production, patent, and copyright laws support in fundamental and thoroughgoing ways the expansion of the range of creative human activities that can be commoditized. The Statute of Anne was the first real copyright act, and gave the publishers rights for a fixed period, after which the copyright expired. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, films, photographs, software, and architectural works.

b. Need of Copyrights 1. A copyright gives you the exclusive right to reproduce or copy the work or change its form, like creating a sequel and revising or updating the work. 2. Only you can perform the work or display it in public; everyone else has to ask you first. 3. You're the only person who can distribute the work for commercial purposes. 4. You can sell your right to control over the copyrighted work, so when you write your next big thriller you can sell the movie rights and keep the right to create a sequel. 5. Registration informs the world that you own the work and all the rights of ownership. 6. Registration protects your rights in the twenty foreign countries that still condition legal protection on public notice that the rights have been claimed. 7. You can't sue for copyright infringement or get an order from a judge to make somebody stop using your work unless your work is registered either within the three months after your work is first published, or before the infringement first occurs. 8. If you succeed in an infringement suit, you are entitled to money damages even if you can't prove how much money you actually lost because of the infringement.

6. COPYRIGHTS IN INDIA
Copyright Act, 1957 Central Government Act Section 14 in The Copyright Act, 1957 (1) Meaning of copyright. For the purposes of this Act," copyright" means the exclusive right, by virtue of, and subject to the provisions of, this (a) in the case of a literary, dramatic or musical work, to do and authorize the doing of any of the following acts, namely: (i) (ii) (iii) (iv) (v) (vi) to reproduce the work in any material form to publish the work; to perform the work in public; to produce, reproduce, perform or publish any translation of the work; to make any cinematograph film or a record in respect of the work; to communicate the work by radio broadcast or to communicate to the public by a loud-speaker or any other similar instrument the broadcast of the work; (vii) to make any adaptation of the work; (viii) to do in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in clauses (i) to (vi) The Copyright Act, 1957(Act No. 14 of 1957) governs the laws & applicable rules related to the subject of copyrights in India. Copyright Law in the country was governed by the Copyright Act of 1914, was essentially the extension of the British Copyright Act, 1911 to India, and borrowed extensively from the new Copyright Act of the United Kingdom of 1956. The Copyright Act, 1957 governs all copyright related laws. The Copyright Act today is compliant with most international conventions and treaties in the field of copyrights. India is a member of the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995.

Indian work "Indian work" means a literary, dramatic or musical work, The author of which is a citizen of India; or Which is first published in India; or the author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.

Assignment of copyright The author of a work is the first owner of the copyright (Section 17). However, for works made in the course of an author's employment under a contract of service, the employer is the first owner of the copyright. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. (Section 18) Section 19 lays down the modes of assignment- assignment can only be in writing and must specify the work, the period of assignment and the territory. Section 19(5) provides that if period of assignment is not specified it shall be deemed to be 5 years and section 19(6) provides that if the territorial extent of assignment is not specified it shall be presumed to extend within India.

7. Works Protected By the Indian Copyright Act, 1957


(As per Chapter III of the Indian Copyrights Act 1957) Works in which copyright subsistsCopyright shall subsist throughout India in the following classes of works-original literary, dramatic, musical and artistic works; cinematograph films sound recordings

Copyright shall not subsistIf in any cinematograph film a substantial part of the film is an infringement of the copyright. If in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed. In the case of work of architecture the work is located in India. Works not protected by copyright Copyright protects original expression only. Copyright does not protect the underlying ideas and facts described in an author's work. According to Section 102 (b) of the Copyright Act of 1976, "In no case does copyright expression for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

Ownership of Copyright and the Rights of the Owner (As per Chapter IV of the Indian Copyrights Act 1957) First owner of copyright.-Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work.

Caselett:Eurokids International Pvt. Ltd. vs India Book Distributors Egmont ... on 5 August, 2005 (b) subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (c) in the case of a work made in the course of the author s employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. Caselett:Indian Performing Right Society Limited v. Mr. Aditya Pandey and Anr.; CS(OS) 1185/2006

Assignment of copyright (1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright orany part thereof: (Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.) (2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned,shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Actshall have effect accordingly. (3) In this section, the expression "assignee" as respects the assignment of the copyright in anyfuture work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.

Right of author to relinquish copyright: (1) The author of a work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice. (2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall 1cause it to be published in the Official Gazette and in such other manner as he may deem fit. (3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favor of any person on the date of the notice referred to in sub-section. Caselett: Orrin Lynn Tolliver, Jr. v. James McCants Rights Protected The most important feature of any kind of property is that the owner may use it exclusively, i.e., as he wishes, and that nobody else can lawfully use it without his authorization. This does not, of course, mean that he can use it regardless of the legally recognized rights and interests of other members of society. Similarly the owner of copyright in a protected work may use the work as he wishes, and may prevent others from using it without his authorization. The rights granted under national laws to the owner of copyright in a protected work are normally exclusive rights to authorize a third party to use the work, subject to the legally recognized rights and interests of others. There are two types of rights under copyright. Economic rights allow the rights owner to derive financial reward from the use of his works by others. Moral rights allow the author to take certain actions to preserve the personal link between himself and the work. Most copyright laws state that the author or rights owner has the right to authorize or prevent certain acts in relation to a work. The rights owner of a work can prohibit or authorize: its reproduction in various forms, such as printed publications or sound recordings; the distribution of copies; its public performance; its broadcasting or other communication to the public; its translation into other languages; its adaptation, such as a novel into a screenplay. These rights are explained in more detail in the following paragraphs.

Reproduction, distribution and related rights The right of the copyright owner to prevent others from making copies of his works without his authorization is the most basic right protected by copyright legislation. The right to control the act of reproduction be it the reproduction of books by a publisher, or the manufacture by a record producer of compact discs containing recorded performances of musical works - is the legal basis for many forms of exploitation of protected works. Obviously, the right of reproduction would be of little economic value if the owner of copyright could not authorize the distribution of the copies made with his consent. The right of distribution usually terminates upon first sale or transfer of ownership of a particular copy. E.g. that when the copyright owner of a book sells or otherwise transfers ownership of a copy of the book, the owner of that copy may give the book away or even resell it without the copyright owners further permission. Another right which is achieving increasingly wide recognition, and is included in the WIPO Copyright Treaty, is the right to authorize rental of copies of certain categories of works, such as musical works in sound recordings, audiovisual works, and computer programs. This became necessary in order to prevent abuse of the copyright owners right of reproduction when technological advances made it easy for rental shop customers to copy such works. As per TRIPS agreement Article 11: Rental Rights In respect of at least computer programs and cinematographic works, a Member shall provide authors and their successors in title the right to authorize or to prohibit the commercial rental to the public of originals or copies of their copyright works. A Member shall be excepted from this obligation in respect of cinematographic works unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title. In respect of computer programs, this obligation does not apply to rentals where the program itself is not the essential object of the rental.

Article 14:Protection of Performers, Producers of Phonograms (Sound Recordings) and Broadcasting Organizations In respect of a fixation of their performance on a phonogram, performers shall have the possibility of preventing the following acts when undertaken without their authorization: The fixation of their unfixed performance and the reproduction of such fixation The broadcasting by wireless means and the communication to the public of their live performance. Producers of phonograms shall enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Broadcasting organizations shall have the right to prohibit the following acts when undertaken without their authorization: The fixation The reproduction of fixations, and The rebroadcasting by wireless means of broadcasts, as well as the communication to the public of television broadcasts of the same. Where Members do not grant such rights to broadcasting organizations, they shall provide owners of copyright in the subject matter of broadcasts with the possibility of preventing the above acts, subject to the provisions of the Berne Convention (1971).

The provisions of Article 11 in respect of computer programs shall apply mutatis mutandis to producers of phonograms and any other right holders in phonograms as determined in a Member's law. If on 15 April 1994 a Member has in force a system of equitable remuneration of right holders in respect of the rental of phonograms, it may maintain such system provided that the commercial rental of phonograms is not giving rise to the material impairment of the exclusive rights of reproduction of right holders.

The term of the protection available under this Agreement to performers and producers of phonograms shall last at least until the end of a period of 50 years computed from the end of the calendar year in which the fixation was made or the performance took place. The term of protection granted pursuant to paragraph 3 shall last for at least 20 years from the end of the calendar year in which the broadcast took place. Any Member may, in relation to the rights conferred under paragraphs 1, 2 and 3, provide for conditions, limitations, exceptions and reservations to the extent permitted by the Rome Convention. However, the provisions of Article 18 of the Berne Convention (1971) shall also apply, mutatis mutandis, to the rights of performers and producers of phonograms in phonograms. Case Study:Rock N Roll In Bangladesh: Protecting Intellectual Property Rights In Music

Indian Copyrights Act 1957


CHAPTER III Copyright 14 (b) in the case of a computer programme,- to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme. Caselet:Case C-61/97 FDV v Laserdisken Finally, some copyright laws include a right to control importation of copies as a means to prevent erosion of the principle of territoriality of copyright; that is, the legitimate economic interests of the copyright owner would be endangered if he could not exercise the rights of reproduction and distribution on a territorial basis.

Indian Copyrights Act 1957 CHAPTER VIII Rights of Broadcasting Organization and of Performers Broadcast reproduction right.(1) Every broadcasting organisation shall have a special right to be known as "broadcast reproduction right" in respect of its broadcasts will be valid for next 25 yrs beginning with the year next to the year in which broadcast rights are given. (2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year following the year in which the broadcast is made. (3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the license of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,(a) Re-broadcasts the broadcast; or (b) Causes the broadcast to be heard or seen by the public on payment of any charges; or (c) Makes any sound recording or visual recording of the broadcast; or (d) makes any reproduction of such sound recording or visual recording where such initial recording was done without license or, where it was licensed, for any purpose not envisaged by such license; or

(e) sells or hires to the public or offers for such sale or hire, any such sound recording or visual recording referred to in clause (c) or clause (d) shall, subject to the provisions of section 39, be deemed to have infringed the broadcast reproduction right. Caselettes : Controversy between M.D. of GNN(radiomaska.com) vs T-series.

Performers right(1) Where any performer appears or engages in any performance, he shall have a special right to be known as the "performer's right" in relation to such performance. (2) The performer's right shall subsist until fifty years from the beginning of the calendar year following the year in which the performance is made. (3) During the continuance of a performer's right in relation to any performance, any person who, without the consent of the performer, does any of the following acts in respect of the performance or any substantial part thereof, namely :(a) makes a sound recording or visual recording of the performance; or (b) reproduces a sound recording or visual recording of the performance, which sound recording or visual recording was1. made without the performer's consent; or 2. made for purposes different from those for which the performer gave his consent; or 3. made for purposes different from those referred to in section 39 from a sound recording or visual recording which was made in accordance with section 39; or (c) broadcasts the performance except where the broadcast is made from a sound recording or visual recording other than one made in accordance with section 39, or is a re-broadcast by the same broadcasting organization of an earlier broadcast which did not infringe the performer's right; or (d) communicates the performance to the public otherwise than by broadcast, except where such communication to the public is made from a sound recording or a visual recording or a broadcast, shall, subject to the provision of section 39, be deemed to have infringed the performer's right. (4) Once a performer has consented to the incorporation of his performance in a cinematograph film, the provisions of sub-sections (1), (2) and (3) shall have no further application to such performance.

Acts not infringing broadcast reproduction right or performers right No broadcast reproduction right or performer's right shall be deemed to be infringed by(a) the making of any sound recording or visual recording for the private use for the purpose of teaching or research; or (b) using, of excerpts of a performance or of a broadcast in there porting of current events for the purpose of teaching or research; or (c) such documents, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52. Caselett: Sony BMG Music Entertainment v. Joel Tenenbaum Translation and adaptation rights The acts of translating or adapting a work protected by copyright also require authorization from the rights owner. Translation means the expression of a work in a language other than that of the original version. Adaptation is generally understood as the modification of a work to create another work, for example adapting a novel to make a film; or the modification of a work for different conditions of exploitation, e.g., by adapting a textbook originally written for university students to make it suitable for a lower level.

8. REGISTRATION AND DOCUMENTATION OF COPYRIGH


Copyright registration & documentation systems can facilitate easy, legitimate access to content, promoting Interactive environment and autonomy of users Respect for copyright limitations &exceptions Network effect for copyright industries Reduction of piracy Effective solution of territorial barriers. TYPES OF REGISTRATION AND DOCUMENTATION 1. National Voluntary Registration Systems 2. Collective Management Organizations (CMOs) 3. Private Registration Systems 4. Identifiers and Rights Management Information (including ISO standards)

9. DURATION OF COPYRIGHTS
Literary dramatic, musical and artistic works Photographs sixty years from the beginning of the calendar year next following the year in which the author dies.

Caselets: In a recent judgment, a division bench of the Delhi High Court in Pine Labs Private Limited vs. Gemalto Terminals India Limited the Court has held that in case the duration of assignment is not specified, the duration shall be deemed to be five years and after five years the copyright shall revert to the author. In this case, Pine Labs had written some software for Gemalto under a Master Service Agreement (MSA). Though in the MSA Pine Labs had assigned the copyright in the works to Gemalto, the period of assignment was not specified. The Court held that though Gemalto may have paid for the software, Pine Labs, being the author was the first owner of the copyright and after five years, the copyright reverted to Pine Labs. It made no difference whether the MSA was treated as an assignment or an agreement to assign.

10.ENFORCEMENT OF COPYRIGHT
The enforcement of copyright is the responsibility of the copyright holder. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages. Copyright holders have started to demand through the ACTA trade agreement that states act to defend copyright holders' rights and enforce copyright law through active policing of copyright infringement. It has also been demanded that states provide criminal sanctions for all types of copyright infringement and pursue copyright infringement through administrative procedures, rather than the judicial due process required by TRIPs. The Government has set up on November 6, 1991 a Copyright Enforcement Advisory Council (CEAC) to review the progress of enforcement of Copyright Act periodically and to advise the Government regarding measures for improving the enforcement of the Act. The term of the CEAC is THREE years. The CEAC is reconstituted periodically after expiry of the term. The current CEAC has been reconstituted on 16th September, 2009 for a period of THREE years.

11.INFRINGEMENT OF COPYRIGHT
Copyright infringement is the unauthorized use of works under copyright, infringing the copyright holder's "exclusive rights", such as the right to reproduce, distribute, display or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works. It often refers to copying "intellectual property" without written permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. By reproducing, republishing or redistributing the work of a copyright holder without permission, you may be violating or infringing on his or her rights under the Copyright Act. Copyright is deemed to be infringed when:- Copyright in a work shall be deemed to be infringed --(a) when any person, without a licence granted by the owner of the Copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act --( i ) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or ( ii ) permits for profit any place to be used for the performance of the work in public where such performance constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such performance would be an infringement of copyright, or (b) when any person --( i ) make for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or ( ii ) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or ( iii ) by way of trade exhibits in public, or ( iv ) imports (except for the private and domestic use of the importer) into India, any infringing copies of the work. Explanation.--- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an "infringing copy". Certain acts not to be considered infringement:- (1) The following acts shall not constitute an infringement of copyright, namely : --(a) A fair dealing with a literary, dramatic, musical or artistic work for the purposes of -- research or private study ; criticism or review, whether of that work or of any other work;

(b) A fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events -- in a newspaper, magazine or similar periodical, or by radio-diffusion or in a cinematograph film or by means of photographs;

(c) The reproduction of a literary, dramatic, musical or artistic work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding; (d) the reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature or, where the Legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature; (e) The reproduction of any literary, dramatic or musical work in a certified copy made or supplied in accordance with any law for the time being in force; (f) The reading or recitation in public of any reasonable extrac6t from a published literary or dramatic work; (g) The publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists: Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years. Explanation.-In the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person; (h) The reproduction of a literary, dramatic, musical or artistic work by a teacher or a pupil in the course of instruction; or as part of the questions to be answered in an examination; or in answers to such questions;

( i ) the performance in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a record, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution;

( j ) the making of records in respect of any literary dramatic or musical work, if -- records recording that work have previously been made by, or with the licence or consent of, the owner of the copyright in the work; and the person making the records has given the prescribed notice of his intention to make the records, and has paid in the prescribed manner to the owner of the copyright in the work royalties in respect of all such records to be made by him, at the rate fixed by the Copyright Board in this behalf

Public domain:- everything that is not protected by copyright

12.LIMITATIONS OF COPYRIGHT
Though copyright law provides a creator with several critical and powerful rights over their work, those rights are not unlimited. The law has always recognized the need to balance the rights of the copyright holder with the good of the public and provisions in the law have aimed to do exactly that. Here are some of the critical ways in which your copyright is limited: Expiration One of the most obvious and important limitations to copyright is that it is not perpetual and expires after a set amount of time. The length of a copyright on work created during or after 1978 is the life of the author plus sixty years. When a copyright expires, the work falls into the public domain. In the public domain, the work is considered to be a part of our cultural heritage and is not subject to any copyright limitations. This means that anyone can exploit a work for both commercial and noncommercial gain. Copyright holders do have the ability to place works into the public domain themselves, the Creative Commons organization offers a license to do just that, but once that step is taken, it cannot be undone. Example the letters between Mahatma Gandhi and Jawahar lal Nehru have now fallen into the public domain.

Orphan Works Though the orphan works legislation is currently just a bill the significant limitations it places upon copyright and the likelihood of it passing make it a worthwhile topic. Many times, when someone wishes to use a copyrighted work, the person or entity that holds that right either cannot be located or discovered. Even though the work is assumed to be protected by copyright, there is no way for someone wishing to reuse it to obtain permission to do so. The orphan work legislation addresses that by allowing use of copyrighted work where the owner cannot be determined so long as 1.) The user has performed a reasonable search and 2.) The work is attributed as well as possible or listed as an orphan work.

Orphan works can be used for both commercial and non-commercial use as well as to create derivative works. Should the copyright holder of a work surface after the work has been used, he or she can stop the usage almost immediately but is only entitled to a reasonable license fee in the event that the use was commercial. Thus, it is important to take these elements into consideration when looking at limitations of copyright law. Example- photographs that do not note the photographer, such as photos from scientific expeditions and historical images, old folk music recordings, little known novels and other literature etc.

Fair use Fair use is probably the best-known limitation to an owners copyright and also the least clear. There is no set rule that defines what is and is not fair use. Rather, a framework that is applied on a case-by-case basis defines fair use. A court can only effectively determine whether or not a use is fair. Despite that, when one takes a look at elements that make up a fair use case, either for or against, its usually easy to tell where such a use would fall. Fair use strongly favors education, commentary, criticism and news-related uses of a work and disfavor purely commercial uses. Copyrighted works that are fictional and unpublished, generally, get a higher level of protection than works that are factual in nature and widely available. The amount and substantiality of the portion used. With fair use, less is more. Generally, the law favors uses that involve a portion of a work that is very small in relation to the whole. Exceptions are often made for works that cannot easily be broken down, for example photographs and Haiku. Finally, fair use looks at the impact the use had on the market or value for the work and favors instances where the use had either a positive impact or a minimal negative one. In general, when trying to build a fair use case, its a good idea to take only what you absolutely need, make sure that your use is for some kind of public good and that the use damages the copyright holder as little as possible. It is also worth noting that, generally speaking, attribution is viewed as a requirement in building a fair use case. Though it is generally viewed as just one element in a fair use argument (under the character of the use), it is weighed so heavily that almost any nonattributed use becomes a copyright violation.

Example- include commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. A television news program copied one minute and 15 seconds from a 72-minute Charlie Chaplin film and used it in a news report about Chaplins death. Important factors: The court felt that the portions taken were substantial and part of the heart of the film. (Roy Export Co. Estab. of Vaduz v. Columbia Broadcasting Sys., Inc., 672 F.2d 1095, 1100 (2d Cir. 1982).) In a lawsuit commonly known as the Betamax case, the Supreme Court determined that the home videotaping of a television broadcast was a fair use. This was one of the few occasions when copying a complete work (for example, a complete episode of the Kojak television show) was accepted as a fair use. Evidence indicated that most viewers were time-shifting (taping in order to watch later) and not library-building (collecting the videos in order to build a video library).

Parody Parody is a subset of the fair use limitation that protects works that protects the use of a copyrighted work in order to poke fun at it. Generally, fair use favors parody, using a work to make fun of the work itself, over satire, using the work to make fun of something else. However, both parody and satire cases have been found to be fair use. Its important to note though that all claims of fair use under parody law are still subject to the ordinary fair use test. Its generally a good idea to follow all ordinary fair use precautions when using a work for parody. Example- a movie company used a photograph of Demi Moore who posed pregnant and nude for Vanity Fair magazine; and superimposed the head of actor Leslie Nielson. The photo was a parody using similar lighting and body positioning. (Liebovitz vs. Paramount Pictures Corp.1998) Lewis Carroll's Parody of a Poem by Robert Southey Original Poem "'You are old, Father William, the young man cried; The few locks which are left you are grey; You are hale, Father William--a hearty old man: Now tell me the reason, I pray. "In the days of my youth, Father William replied, I rememberd that youth would fly fast, And Abusd not my health and my vigour at first, That I never might need them at last.' . . ." (Robert Southey, "The Old Man's Comforts and How He Gained Them," 1799)

Lewis Carroll's Parody "You are old, Father William, the young man said, And your hair has become very white; And yet you incessantly stand on your head-Do you think, at your age, it is right? "In my youth, Father William replied to his son, I feared it might injure the brain; But, now that Im perfectly sure I have none, Why, I do it again and again.' . . ." (Lewis Carroll, Alice's Adventures in Wonderland, 1865)

13.LICENSES
Licensing can be invoked under certain circumstances with respect to both published works and unpublished works. Compulsory licenses can also be obtained for the purposes of production and publication of the translation of works. The procedure for obtaining compulsory licensing with respect to the Indian works and foreign works is different.

Published Works: With respect to the Indian works published or performed in public, compulsory licenses can be obtained by making a complaint to the Copyright Board on the ground that the owner has: Refused to re-publish or allow the republication of the work or has refused to allow the performance of the work in public and by reason of such refusal the work is withheld from the public. Refused to allow the communication of the work to the public by broadcast of the work or work in the sound recording on such terms, which the complainant considers reasonable. Procedure: Before granting license, the Copyright Board shall give an opportunity of hearing to the Copyright owner. If the Board is satisfied that the reason for refusal is not reasonable, it shall grant license subject to payment of such conditions and such compensation as it deems fit. Unpublished Works: Compulsory licenses can also be obtained with respect to the unpublished works by making an application to the Copyright board, if the author of the work: Is dead; or Is unknown; or Cannot be traced; or Cannot be found Before making an application in respect of an unpublished work the applicant is required to publish his proposal in one issue of a daily newspaper in the English language having circulation in major part of the country and also in one issue of any daily newspaper in that language. The procedure for license for unpublished work is same as that for translation of work and is being discussed later.

COPYRIGHT LICENSE Copyright license in India is granted by the owner of the copyright in any existing work or the prospective owner of the copyright in any future work in writing signed by him or by his duly authorized agent. In the case of a license relating to copyright in any future work, the license shall take effect only when the work comes into existence. Where a person to whom a license relating to copyright in any future work is granted dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the license, be entitled to the benefit of the license. After holding an enquiry as may be prescribed in the act the Board directs the registrar to grant copyright license to the person to publish the work or translation thereof in the language mentioned in the application. The applicant should deposit the amount of royalty as specified by the copyright board in the public account of India. In the case of unpublished works where the original author is not found any person may apply to the Board for a copyright license in India to publish such work or a translation thereof in any language is compulsory. Before applying to the registration he should publish his proposal in the newspaper in the language where he intends to public.

14.OFFENCES
Offence of infringement of copyright or other rights conferred by this Act :- Any person who knowingly infringes or abets the infringement of --(a) The copyright in a work, or (b) Any other right conferred by this Act, shall be punishable with imprisonment which may extend to one year, or with fine, or with both. Explanation.--- Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section. Power of police to seize infringing copies:(1) Where a magistrate has taken cognizance of any offence under section 63 in respect of the infringement of copyright in any work, it shall be lawful for any police officer, not below the rank of sub-inspector, to seize without any warrant from the magistrate, all copies of the work wherever found, which appear to him to be infringing copies of the work and all copies so seized shall, as soon as practicable, be produced before the magistrate. (2) Any person having an interest in any copies of a work seized under sub-section (1) may, within fifteen days of such seizure, make an application to the magistrate for such copies being restored to him and the magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deed fit. Possession of plates for purposes of making infringing copies:- Any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to one year, or with fine, or with both. Disposal of infringing copies or plates for purpose of making infringing copies :- The court trying any offence under this Act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright.

Penalty for making false entries in register, etc., for production or tendering false entries:- Any person who, --(a) Makes or causes to be made a false entry in the Register of Copyrights kept under this Act, or (b) makes or causes to be make writing falsely purporting to be a copy of any entry in such register, or (c) Produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both. Penalty for making false statements for the purpose of deceiving or influencing any authority or officer:- Any person who, --(a) With a view to deceiving any authority or officer in the execution of the provisions of this Act, or (b) with a view to procuring or influencing the doing of omission of anything in relation to this Act or any matter there under, makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both. Offences by companies:- (1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--- For the purpose of this section --(a) "Company means anybody corporate and includes a firm or other association of persons; and (b) "Director" in relation to a firm means a partner in the firm.

15.IMPACT OF THE 2012 AMENDMENTS ON THE 1957 COPYRIGHT ACT


This post examines the impact of the Copyright (Amendment) Act, 2012 on the Copyright Act, 1957 in extremely broad (and rough!) strokes. The amendments have been described in chronological order although some amendments pertaining to a subject which finds mention early in the Act have been shifted up. (1) Definition of Commercial Rental The 2012 Act introduces a new definition for the term commercial rental in Section 2(fa); this term is used in Section 14 where it states that one of the exclusive rights of the owners of the copyright in computer programmes, films and sound recordings is to sell or give on commercial rental or offer for sale or for such rental, any copy of these works. (2) Definition of Communication to the Public The definition of communication to the public in Section 2(ff) has been expanded. It now includes both works and performances (instead of just works as was the case prior to the coming into effect of the 2012 amendments i.e. 'earlier'). Also, the definition now explicitly states that it does not matter whether the communication is simultaneous or at places and times chosen individually. As such, it appears to include multicasting, narrowcasting and unicasting. (3) Performers and their rights The performers right has been restructured; for the most part, the restructuring has not resulted in substantial changes although one striking difference is that performers are now entitled for royalties in case of making of the performances for commercial use under the new Section 38A. Performers have also been accorded moral rights in the new Section 38B. These rights are similar to the moral rights accorded to authors and basically encompass the rights to paternity and integrity. An amendment to the definition of a performer in Section 2(qq) means that, among film actors, only those performers credited in cinematograph films would be entitled to the performers right and to the right to integrity. All performers in cinematograph films, whether or not credited, however, are granted the right to integrity. (4) Definition of Visual Recording The new Section 2(xxa) defines a visual recording to mean: the recording in any medium, by any method including the storing of it by any electronic means, of moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method.

(5) Digital Rights Management (DRM) Three new Sections 2(xa), 65A and 65B deal with DRM. (a) Protection of technological measures Section 65A criminalises the circumvention of an effective technological protection measure which has been applied for the purpose of protecting any of the rights conferred by the copyright statute if the circumvention is performed with the intention of infringing rights conferred by the Act unless it is carried out in one of the many circumstances in which the Act states that circumvention is permissible (such as for conducting any lawful investigation or taking measures necessary in the interest of national security). (b) Rights Management Information (RMI) Section 2(xa) defines RMI to mean the title or other information identifying a work or performance, the name of the author or performer, the name and address of the owner of rights, terms and conditions regarding the use of the rights, and any number or code that represents this information (although it does not include any device or procedure intended to identify the user). Section 65B not only criminalises certain acts relating to RMI but also states that rights owners would be entitled to avail of certain civil remedies. The prohibited acts include the unauthorised removal or alteration of RMI on copies of works, or the unauthorised and knowing distribution, importation, broadcast or communication to the public of such copies of works. (6) Copyright Board Section 11 has been substantially amended the Copyright Board is to comprise a Chairman and two other members (as opposed to not less than two or more than fourteen other members as was earlier the case).

16.COPY LEFT
Copy left is a play on the word copyright to describe the practice of using copyright law to offer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work. In other words, copy left is a general method for making a program (or other work) free, and requiring all modified and extended versions of the program to be free as well. This free does not necessarily mean free of cost, but free as in freely available to be modified. Under copy left, an author may give every person who receives a copy of a work permission to reproduce, adapt or distribute it and require that any resulting copies or adaptations are also bound by the same licensing agreement. Copy left licenses (for software) require that information necessary for reproducing and modifying the work must be made available to recipients of the executable. The source code files will usually contain a copy of the license terms and acknowledge the authors. Copy left type licenses are a novel use of existing copyright law to ensure a work remains freely available. The GNU General Public License, originally written by Richard Stallman, was the first copy left license to see extensive use, and continues to dominate the licensing of copy lefted software. Creative Commons, a non-profit organization founded by Lawrence Lessig, provides a similar license provision condition called ShareAlike. Advantages of copyleft: CopyLeft software and open content are usually free of charge and have lower consulting fees compared with proprietary software After purchasing a CopyLefted program, you have the right to customize it your companys needs Modified software that is upgraded and updated by the developer community is available to your company Since CopyLefted software is available, Copyrighted software has to compete in price and efficiency

Disadvantages of copyleft:

Customized software cannot be claimed as ones own and the source code must always be attached when being distributed

CopyLeft laws are complex and full of legal terms, which deters some companies from using CopyLefted software

CopyLeft forces future usages of the products to remain free and open to the community to modify

The original author of the product may have a conflict with the future uses of the original product

Examples of Copyleft Copyleft licenses ensure all future derivatives of the product to include the original Copyleft word for word, thus keeping the product free whenever it changes. (a) The first form of Copyleft licensing is called the GNU General Public License (GPL): Originally made for the infamous Linux OS (logos of GNU and Linux above) It is now widely used to CopyLeft software such as Mozilla Firefox, Java, and OpenOffice

(b) The second form of CopyLeft Licensing is the Creative Commons ShareALike License: This form of CopyLeft is more prominent in the art community It can be applied to documents to make the open content for the public (c) CopyLeft in the music Industry: Girl Talk is an artist who samples audio tracks from popular songs as well as vocal tracks and remixes the two together to form new songs under the 'fair usage' rights of CopyLeft.

(i)

He is able to distribute his songs non-commercially via ShareALike licensing.

(ii) (iii)

All his albums are available free of charge (with the option to donate) All songs and albums have the proper credits to each original artist

Types of copyleft and relation to other licenses Copyleft is a distinguishing feature of some free software licenses. Many free software licenses are not copyleft licenses because they do not require the licensee to distribute derivative works under the same license. Strong and weak copyleft The strength of the copyleft governing a work is an expression of the extent that the copyleft provisions can be efficiently imposed on all kinds of derived works. "Weak copyleft" refers to licenses where not all derived works inherit the copyleft license; whether a derived work inherits or not often depends on the manner in which it was derived. "Weak copyleft" licenses are generally used for the creation of software libraries, to allow other software to link to the library, and then be redistributed without the legal requirement for the work to be distributed under the library's copyleft license. Full and partial copy left "Full" and "partial" copy left relates to another issue: Full copyleft exists when all parts of a work (except the license itself) may only be modified and distributed under the terms of the work's copyleft license. Partial copyleft exempts some parts of the work from the copyleft provisions, thus permitting distribution of some modifications under terms other than the copyleft license, or in some other way does not impose all the principles of copylefting on the work. For example, the GPL linking exception made for some software packages Share-alike Share-alike imposes the requirement that any freedom that is granted regarding the original work must be granted on exactly the same or compatible terms in any derived work: this implies that any copyleft license is automatically a share-alike license, but not the other way around, as some share-alike licenses include further restrictions, for instance prohibiting commercial use. Another restriction is that not everyone wants to share their work and some share-alike agreements require that the whole body of work be shared, even if the author only wants to share a certain part. The plus side for the author of the source code is that any modification to the code will not only benefit the company, but the author will be recognized and hold equal claim over the changed code. Some permutations of the Creative Commons licenses are examples of share-alike.

17.ADDITIONAL CASE LETS


a. Kraft sues Britannia over 'Treat-O biscuit' being a copy of Oreo cookies

US-based packaged food maker Kraft Foods sued Nusli Wadia-owned Britannia Industries for trademark and copyright violations of its popular Oreo cookies. In a suit filed in the Delhi High Court, Kraft said Britannia's recently-introduced Treat-O biscuit is a copy of its cream-filled sandwich cookies. The US firm has also sought an injunction to prevent Britannia from manufacturing, selling, marketing or advertising any product with any distinctive element of Oreo cookies. In its suit, Kraft has sought damages for infringement of trademark and copyright, passing off and unfair competition of its 'globally reputed' Oreo brand of cookies. Oreo was registered in India in 1991 and is being imported and sold in the country ever since. Kraft said the Indian bakery and dairy products maker has copied the specific design etchings, such as florets and inner rings, of Oreo cookies. The company refers to the design etchings as 'Oreo cookie trade dress'. "The lining on Britannia's product, inner rings and florets and their placement on the product are identical to the original Oreo cookies," Kraft said in the suit. It also alleged that the brand name, Treat-O, with an emphasis on 'O', is inspired by Oreo. Kraft's lawsuit against Britannia comes at a time when it is exploring options to locally manufacture and sell biscuits in the `11,000-crore Indian biscuit market. Summary: Copyright infringement not only includes use of the original creation as in literary or musical works but also use of only a few details out of the overall original creation, even minute details such as patterns or designs on cookies. Although it is cumbersome for a company to pay attention to hundreds of products that are copyrighted but any resemblance whether knowingly or unknowingly can lead to a legal battle and a potential loss.

b. Karishma a miracle of destiny A court in Calcutta dismissed a claim by the author Barbara Taylor Bradford that an Indian television series was a rip-off of her bestselling novel A Woman of Substance. Taylor Bradford had obtained an injunction in Calcutta high court in May against the transmission of the 262-episode series Karisma - A Miracle of Destiny. however, the court ruled that her lawyers had failed to establish conclusively that Bombay-based Sahara Media Entertainment had lifted material from her novel, and said the program could go on the air. In A Woman of Substance, first published in 1979, the protagonist Emma Harte starts out as a servant but through sheer force of will turns a small shop into the world's greatest department store. In the TV series, Karisma is a street sweeper who rises to head an international corporation. Two senior judges said they read a summary of Taylor Bradford's novel and found no evidence to suggest that the company had stolen her ideas. Her lawyers have already filed an appeal in the supreme court, to be heard on Friday. The Calcutta high court also ruled that Taylor Bradford should pay Sahara damages of 150,000 rupees (just over 2,000) for each week of delay in airing the series. The mega-serial, one of the costliest shows ever made for Indian television and starring Bollywood actress Karisma Kapoor, has been off air pending the trial decision since screening its first episode on May 12. Yorkshire-born Taylor Bradford, who now lives in New York, went to India in May to get the program barred a few days before it was due to be broadcast. She had only learned of the television series when an Indian fan emailed her ecstatic congratulations. Summary : How copyright infringement cases can be a double-edged sword. If there is no concrete evidence of a theft of copyright then it may cost a lot of money to the person filing the suit.

c. Krazzy 4 The case: Ram Sampath dragged Rakesh Roshan, his brother and music director Rajesh Roshan, and company - 'Film Kraft', Super Cassettes, Sony Ericsson and Saatchi and Saatchi to court for alleged infringement of copyright of his music. According to a notice sent to Rakesh Roshan and Rajesh Roshan, Sampath said he had created 60 seconds of music ''The Thump'' for a mobile company's television advertisement and the same had been used in four tracks in ''Krazzy 4'', including the title song. Sampath has not been given any credit for the track whereas Rajesh Roshan has been given credit for the same. In the suit, he had urged the court to give an injunction against 'Roshans' from using the track in the film and was seeking Rs 2 crore as damages from them. However, Rajesh Roshan had, earlier, claimed that the music was an original creation.

Outcome: An out of court settlement was reached in which Rs. 2 crore was given as a payment by Roshans to Sampath. Subsequently a press release was issued in all the major print media by Roshans to clarify their position. They were also justified to an extent in their stance about having taken necessary permission from Sony Ericsson for the particular piece. In this haze, the issue of who owned the rights to tune became controversial and brought into relief the issue of ownership of Intellectual property.

d. The 3 Idiots Controversy Focusing on the Contractual liabilities and Moral Rights of the Author The genesis of the dispute was in the novelist, Chetan Bhagats contention that the Production House, namely Vidhu Vinod Chopra Productions, had adapted the content of his novel to an extent far greater, and in a manner far more direct, than what he had been led to believe by way of the Agreement arrived at between them. Another allegation directed against the Production House was concerning the inadequacy of credits acknowledged to the Author by way of the said Agreement. While the author had been compensated by virtue of the said agreement, his objections were to the fact that while the filmmakers had expressed an intention to adapt his work to only the most limited extent, the eventual resemblance to his work was much greater. Further, he claimed that contrary to the arrangement agreed upon, his name had been exhibited in a cursory manner in the series of rolling credits after the film. Thus, he accused the film makers of misrepresentation both with regards to the extent of adaptation of his work into the film, and on the question of granting him requisite recognition for the same. When seen in comparison to the gross investment of the Production House in the venture, and the substantial returns on the same, the amount as was payable to the author for the conferring of rights could be interpreted as unreasonably low, and the contract as one entered into by parties in unequal circumstances. Summary: Although 2 parties have an agreement on the use of copyrights but still there can be a dispute. A dispute can arise on the extent of copyright use. The owner can file a case if his compensation for use of copyright or acknowledgement is not reasonable or low as compared to the benefit derived out of the use of copyright. These things must be taken care of while entering into an agreement for copyright use in specific quantified terms.

BIBLIOGRAPHY