MEGHA S PUTHENPURA

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ASSIGNMENT-2 COPYRIGHT

1.Discuss the concept of authorship and ownership in Copyright.

Ownership in Copyright is different from other ownership in physical material
in which work is fixed. A person owning a book may not be the owner of the
Copyright of the book. As per the general rule, the author is the first owner of
Copyright of a work. To clear the above point, if a painting, photograph, or a
portrait is made at the instance of any other person for a valuable
consideration, such other person is the first owner of the Copyright in such a
case.
An author or creator is a person who collects, writes, composes, and draws
the work in the issue, although the complete idea of the work was suggested
by some other person. The foundation behind the idea of an author is that the
originator of a sparkling concept is not the Copyright owner in work unless he
or she is also the creator of the work. The nationality of an author or a creator
is not the primary factor in finding out the tights of an author or a creator to a
Copyright under the Copyright Act, 1957.
2.Explain the assignment of copyright.
An assignment of copyright is in essence a transfer of ownership in the
copyright of the work. An assignment may be for whole of the rights or for part
only. The copyright envisages a specially qualified inherent right to the author
to assign all or any of his rights either fully or for a tenure of limited period or
to one or more persons and also licence to do any specific acts out of the
bundle of rights grouped as copyright. Assignment of copyright in any work
shall not be valid unless it is in writing and signed by the assignor or by his
authorized agent. Oral assignment of copyright is neither permissible nor valid.
It shall identify the work, specify the rights assigned, duration, territorial extent
of such assignment, amount of royalty payable to the author.
3. What criminal remedies are available for infringement under
Copyright Act, 1957?

Criminal proceedings are detailed in chapter 13 titled ‘Offences’. Section 63

defines what constitutes a criminal offence. Any person who knowingly
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infringes or abets the infringement of(a) the copyright in a work, or (b) any
other right conferred by the Act (except the right conferred by section 53A,
which is the right to share in the resale price of the original copy will be
punished with imprisonment for a minimum term of six months and a
maximum of three years and with a fine which may vary from a minimum of
50,000 rupees to two lakh rupees.

4.Write a short note on statutory licenses under copyright act 1957.

Statutory licenses are required for cover versions and broadcasting of literary
and Musical works and sound recordings:

Under the Copyright Act, any person having the intention of creating a cover
version of a sound recording may give application to the Board for
broadcasting in the same medium in which the original version was recorded.
This application can be filed after the completion of 5 years from the first
publication. The person desirous of obtaining the cover version should be very
much clear that it should not be mistaken as the original version.

If the case is of literary, scientific, or artistic work, if the version is not available
or any copies are not sold in the six months, and work is not reaching to the
public at a reasonable price when compared to works of similar nature, any
person can seek a license from the Copyright Board.

5. Explain how performer and public display rights are protected in digital era

Digitalisation has made it considerably easy to copy, replicate and sell the
works of a copyright owner without his permission and detection of such
infringement becomes difficult.
Blockchain Technology: It is highly secured decentralised public ledger that is
used to record peer to peer transaction. In each transaction that occurs, the
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parties agree to details to encode it into the block of digital data which is
uniquely signed or identified. It is due to its functioning that it is considered an
excellent technology to resolve the problem of copyright in Digital Domain
Digital watermarks: In this technique, a watermark is embedded in the original
work of the author in this way the unauthorised copying of the work can be
detected.

Access control and copy control: It is a software which enables a user to check
the creator on free or illegal use of his work.