introduction,

nature of copyright,
subject matter of copyrights (literary works, dramatic
works, musical works,
cinematography films, records, tapes etc.)
rights, obligations and limitations,
registrations.

Copyright is a right given by the law to the
creators of literary, dramatic, musical and
artistic works and producers of cinematograph
films and sound recordings.
Copyright Subsists in
original literary dramatic musical and artistic works
Cinematograph films
Sound recordings
Copyright in a cinematograph film or sound
recording is separate from the copyright in the
work from which they are made
Copyright ensures certain minimum safeguards
of the rights of authors over their creations,
thereby protecting and rewarding creativity.



Copyright law protects the expression of an
idea. Not the idea itself.
Copyright protects
original works of authorship fixed in any
tangible medium of expression, now known or
later developed, from which they can be
perceived, reproduced, or otherwise
communicated, either directly or with the aid of a
machine or device. (17 U.S.C. 102)
In respect of literary, dramatic or musical work, not being a computer
program, the exclusive right to
reproduce the work in any material form
including storing of it in any medium by electronic means
issue copies of the work to the public not being copies already in circulation
(Expln: A copy once sold shall be deemed to be a copy in circulation)
perform the work in public, or communicate the work to the public
make a cinematograph film or sound recording
right to make any translation
right to make any adaptation
In respect of a translation or an adaptation of a work, right to perform any
of the exclusive rights for literary or dramatic work
In the case of a computer program
to do any of the acts in respect of a literary work
To sell or to give on commercial rental any copy of the computer program
Right to commercial rental does not apply in respect of computer programs where the
program itself is not the essential object of the rental

Communication to the public means making
any work available for being seen or heard or
otherwise enjoyed by the public directly or by
means of any of display or diffusion other
than by issuing copies of such work of such
work regardless whether any member of the
public actually sees, hears, or otherwise
enjoys the work so made available
Section 13- Works in which Copyright Subsists
In the case of literary dramatic musical and artistic
works the work has to be original
In the case of a work of architecture, copyright shall
subsist only in the artistic character and design and
shall not extend to the processes and methods of
construction



Definition of Copyright
Copyright law grants authors, composers, software writers, website
designers, and other creators legal protection for their literary and
artistic creation, referred to as works
Copyright protects a wide variety of original and/or creative
expressions, such as novels, poetry, music, paintings, photographs,
sculptures, architecture, films, computer programs, video games,
original databases, etc.
The rights granted enables the copyright owner, within a specified
period of time:
to control the use of his work in a number of ways
to receive remuneration
Defined: rights in original intellectual creations in the fields
of art, literature, music or science that have been fixed in a
tangible medium for the purpose of communication.
"Original intellectual creations" (or "works") that the author has
"infused with creativity."




To qualify for copyright protection, a work must be original
Originality relates to the expression of thought and not to the underlying idea or
thought
Essentially, originality refers to the fact that the work was independently created
and it was not copied from somewhere else
Works enjoy copyright protection irrespective of their creative elements, quality
or value and do not need to have any literary or artistic merit
Needs to be fixed in material form
No copyright on ideas
Only to the form in which ideas are expressed
Not concerned with novelty of ideas.
Fixation: Copyright exists in a work only when it is represented in a material form
No copyright in a live event: only when it is fixed on a material form, it becomes entitled to
copyright
Right accrues on creation of the work: No formalities required
Registration is optional
The term original in the copyright law means that the work originated with the
author.
There is no requirement for novelty or uniqueness as there is in patent law.
Must originate with author.




Fair Play: Reward creative efforts. Thou
shall not steal

Exclusive rights for limited
time Negative right:
prevent copying/reproduction

Copyright is necessary
encourage dissemination of
copyrighted works = public interest

Indian copyright law similar to England
& Wales. First Copyright Act in England
(and the world)

1709 Statute of Anne.









First Act in 1790: did not protect
foreign authors
Indigenous American literature
suffered
Today: Copyright Act 1976 one
of the major copyright laws in
the world

Copyright protection as a legal system arose with invention of
printing press
Philosophy: Fruits of mans labour should be protected, even
if it is intellectual creation
Eg., in the literary field, by giving the author sole rights over his book
Tries to balance the public interest in accessing the works and
authors interest
Rights Granted:
A negative right: right to prevent others from doing the excusive acts
Economic and moral rights
1
3
Expensive Printing Presses
The desire to control by those who were in power
Hijacking of the benefits by the publisher from the
Creator.
Monopolies fueled by the rulers so that they can get
benefits
Copy right becomes a battle between Creators, Proprietors
and the User
Need to relook in this new digital era
1
4
Protect the Inventor so that private investments in R & D
would flow

Disseminate the information so that society grows

Protect the fair use

Ensure you get what you paid for
1
5

Most important international treaty on copyright is the
Berne treaty for the protection of literary and artistic works
If you are a national or a resident of a country party to the
Berne Convention, your work will automatically enjoy the
level of protection granted in the Berne Convention in all
countries that are party to the Convention
However, as copyright protection remains territorial, your
copyright work has to satisfy the requirements of the
copyright law where you seek protection
How many signatories are there to the Berne Convention?

There is no formal procedure to put the notice on your work, however it is
strongly advisable to remind people that the work is copyrighted and identifies
the copyright owner
Assists those who may want to obtain your prior permission
A cheap and cost-effective safeguard
A copyright notice general consists of:

The word copyright or the copyright symbol ;
The name of the copyright owner;
The year in which the work was first published; and
The words All Rights Reserved
Example: Deepak Pillai 2006 2011. All rights reserved




Statute-based, no registration necessary

Copyright = intellectual property


Combines different rights (literary works:
the right to reproduce in hardback and
paperback editions, the right of
translation adaptation)

It is the product of the labour, skill
and capital of one man which must
not be appropriated by another. (-
per Lord Atkinson, Macmillan v
Cooper AIR 1924 PC 75)


Copyright in form or expression, not in idea:
There is nothing in the notion of copyright to
prevent a second person from producing an
identical result...
(Gregory Committee
Report, 1952, para 9)


Copyright only in material form principle of
fixation

Original Literary, Dramatic, Musical
and Artistic Works
Cinematograph Films
Sound Recordings

Novels, poems, short stories
Books on any subject
Computer programmes,
tables, computer
databases
Song lyrics
Includes
Programme Manuals
Punched Cards
Magnetic Tapes/Discs
Computer printouts
Computer programmes



Work in the biotech industry involving
copyrightable subject matter:
Modification of genes of plants, animals
To identify causes of diseases
To make assays for the testing of various
diseases
Manufacture of vaccines


1980s/1990s: scholars proposed that
biotechnology work = copyrightable
Copyright as alternative to patent law
Diamond v Chakraborty: 447 US 303
(living organisms patentable)
Practical problems prevented grants
Computer industry successfully
lobbied for amendment of 1976
Copyright Act
Facts lack originality

Doctrine of merger and non-
equivalence of DNA/computer
programmes

Utilitarian prohibitions
Copyright Subject Matter
Analogy between Literary Works
and computer programmes
DNA as a Compilation
Sweat of the Brow Doctrine

The work concerned has to be
Original
Work of authorship
Fixed

In the United States, Congress intended
a
wide reading of the term literary works
Genetic Sequences are strings of
symbols of the nucleotides of DNA
DNA sequence containing coded
genetic information for the synthesis of
particular protein = application
programme of a computer
Combining various elements of DNA
constitutes a compilation: involves
assembling of pre-existing materials

Selection and arrangement of
sequence elements are
copyrightable

Originality in the labour expended in
the collection and assembly of data:
adaptable to DNA sequences

Researchers spend
considerable time and effort
to discern the sequence of a gene:
they should have copyright due to
hard work
Patents confer monopolies and exclude
competitors from conducting research
Can offer rewards disproportionate to risk:
Genentech Incs Patent [1989] RPC 147, CA
Public interest would be injured if every
corporation could patent anytime, anywhere.
Without them, corporations may lack incentive to
conduct research
No guarantee for independent researchers that
their efforts will pay off
Despite conferral of a monopoly,
usually another option available:
Copyright could be an option in cases
without inventiveness

Advantage of copyright system: no
ban on creation of genomes, merely
royalties; licensing schemes can be
regulated.
S. 3 of Copyright, Design and Patents
Act 1988 defines literary work

Includes a) table or compilation and
b) computer programme

DNA sequence could be literary work
as well: created by human mind,
written

Based on these, there is copyright in
seemingly arbitrary instances of letters
Anderson & Co v Lieber Code Co
[1917] 2 KB 469
Ager v Peninsular and Oriental Steam
Navigation Co. (1884) 26 Ch D 637
Ager v Collingridge (1886) 2 TLR 291
Express Newspapers plc v Liverpool
Daily Post and Echo plc [1985] FSR 306
Work may be original, even if derived
from previous material, provided
further independent skill, useful labour,
knowledge or judgment have been
bestowed on its creation

Even if nature of subject matter can
lead competent author with one
solution: Walter v Lane [1900] AC 539

BOOKS:
1. Rights of the author
2. Rights of the publisher
in India and abroad
3. Rights of a person
publishing the book on CD
Rom/multimedia format
4. Rights on the Internet
38
MUSIC:
1. Right of lyricist
2. Music director
3. Singer
4. Orchestra
5. Music company
6. Version recordings
39
Machinery
This can be sub-matter of
patent & copyright. But
drawings of machinery falls in
copyright.
Escorts Construction case.
40
PEPSI CAN
1. Copyright in the packaging,
colours etc.
2. Trade mark in Pepsi
3. Copyright in circular device
4. Copyright in manner of
writing Pepsi
41
MUSIC -- SONGS
Original album
New albums
Remixes
Version Recordings
Pop versions
DJ versions
42
STORY
PUBLISHED IN A BOOK
STORY ENACTED IN A
DRAMA
TRANSLATION
TELE-SERIAL
CINEMATOGRAPH
FILM
43
STORY
OPERA/BALLET
MUSICAL VERSION
COMPILATION
Each of the above works,
once created have a
separate, new copyright,
protectable as original
works.
44
POEMS
SONGS
SOUND RECORDINGS
PERFORMANCES
POETRY BOOKS
COMPILATIONS OF
POETRY, including
expert comments
45
PAINTINGS
Licensing as covers for
books
Licensing on stamps
Create new versions by
changing the sizes of the
painting
Calendars
Diaries etc.,
46


Section 2 (y) of the Act- defines work to mean any
of the following works
Literary, dramatic, musical and artistic works
Cinematograph films
Sound recordings
The term literary work in common parlance means
any work written or printed in any language such as
novels, poetry, history or books on any subject
But the meaning in the context of copyright act is
much wider in scope
4
8
Literary work defined (Sec 2(o) ):
Includes computer programs, tables and compilations, including computer
databases
Inclusion of compilations bring in a broad category
School text books, a directory, list of stock exchange prices, catalogues, etc
Newspapers, catalogues, letters, business letters examination papers,
etc, are literary works
Need not even express a meaning in the ordinary language- a
telegraphic code or a system of shorthand
On similar principles a computer database stored on tape, disk or other
electronic means are literary works
Computer programs - any program which controls the machine to
operate in a particular way (sec. 2 (ffc))
Works not protected as literary work
A single invented word, however original dies not qualify as a
literary work
Titles of books and magazines
No copyright in a name, slogans, or slogans in general or in stringing
together a number of commonplace sentences
While written advertisements are copyright protected, no copyright
on advertisement slogans

4
9
A dramatic work include a piece of recitation,
choreographic work, entertainment in a dumb show,
scenic arrangement or acting form which is fixed in
writing or otherwise, but does not include a
cinematograph film (sec. 2(h))
Examples: a play, screen play
A work must be a dramatic work, pure and simple, or
a dance or a mime!
5
0
Sec 2(p):Musical work means a work consisting of
music and includes any graphical notation of such
work,
but does not include any words or action, intended to be
sung, spoken or performed with the music
Distinguish musical work from a song: A song has its
words written by one man and its music by another-
the lyrics are literary work and music is a musical
work.
These are two copyrights and entirely separate.
The singer has no copyright but only performer's
right
5
1
Sec 2(c): Artistic work means
A painting, a sculpture, a drawing (including, a diagram, map
or plan), an engraving or a photograph, whether or not such
work possess artistic quality
A work of architecture
Any other work of artistic craftsmanship
Originality required: Author must have bestowed skill,
judgement and effort upon his work- at least minimal.
A photograph is an artistic work
5
2
Copyright subsists in cinematograph films
Defined (section 2(f) ) as a work of visual recording
on any medium, produced through a process from
which a moving image may be reproduced by any
means and includes sound recording accompanying
any works produced by any process analogous to
cinematograph, including video films

5
3
Section 2(xx) sound recording means recording of sounds
from which sounds may be produced regardless of the
medium on which such recording is made or the method by
which the sounds are produced
Copyright subsists in a sound recording separate from the
copyright in any work in respect of which it is made
But if the sound recording in respect of a literary dramatic or
musical work, if in making of the sound recording copyright in
the work has been infringed
5
4
Sec 2 (d) defines Author
Literary or Dramatic work the author of the work
Musical work composer
Artistic work the artist
Photograph photographer
Cinematograph film or Sound recording the
producer
Computer generated literary, dramatic, musical or
artistic work- the person who causes the work to be
created

5
5
Concept of originality does not relate to originality of
ideas but with the originality of expression
Even such expression need not be original or novel,
what is essential is that the work should not be a
copy of another work
it must originate from the author
Both musical work and dramatic work should be
original should employ skill and labour
Labour and skill should be expended sufficiently to
impart to the product some quality or character
which the raw material did not possess it is the
quality not quantity that matters
Dictionary: preparation involves skill and labour.
Copyright subsists in arrangement, sequence or
idiom, etc.
Directory, maps or mere preparation of lists can all
be original works: compilation requires employment
of skill and labour
The threshold of originality for copyright protection
is low. But it exists and is a matter of judicial
interpretation.
No stipulation of originality for cinematograph films
and Sound Recordings
But copyright will not subsist if substantial part of the
film is an infringement of copyright of any other
work.
Similarly copyright will not subsist in a sound
recording if in making of the sound record the
copyright in a work has been infringed
Subject matter: works of authorship
(e.g., literary works, musical works, pictorial works; NB:
software is a literary work)
Qualifications:
Who: the author (but in US, work for hire rule)
Procedure: rights attach automatically (but US authors
must register to sue; remedies depend on regis.)
Criteria: originality (some creativity); in US, works must
also be fixed in some tangible medium
59
Ledger sheets and blank forms
Rules and recipes (merger)
White pages listings of telephone directories
Facts and theories
Ideas and principles
Methods of operation/processes
Bicycles and bicycle racks (too functional)
60
Encryption protects more than commercial
copyrighted products (e.g., private personal
communications, trade secret/confidential business
information, e-cash)
Circumvention of encrypted information is a more
general problem (sometimes legitimate, sometimes
not)
So is the availability of circumvention technology
Would suggest the need for a general law
61
X makes software that circumvents Ys encryption
system
Z is a copyright owner who decides to use Ys
encryption system to protect digital pictures
Does Xs tool then become illegal?
Can Y sue X? Can Z sue X? What harm has Xs
software done to Y or Z?
1201 (a)(2) and (b)(1) does not require any
underlying infringement; mere potential is enough
62
Injunction vs. posting of DeCSS on websites or
otherwise making it available
CSS is effective access control for DVDs
DeCSS circumvents it & has no other commercially
significant purpose
Lack of evidence for Linux compatibility argument
Besides, 1201(f) only protects interoperation with
programs, not data on DVD
63



1. Reproduction
2. Adaptation
3. Distribution
4. Public Performance
5. Public Display
6. Digital Transmission of sound recordings.

Reproduction

The right to reproduce the work.

Copies that are not exact still apply, example:
A hand drawn illustration of SpongeBob
Square Pants.

Adaptation

Changing the original work in some way.

JK Rowlings earns a great deal of money when
her books are adapted into screenplays and
turned into movies.
Distribution

Only the copyright holder has the right to copy
and then distribute their work.
The right of first sale allows the consumer to do
what they wish with the one copy that they
purchased. Without this provision a library
couldnt loan a book.
Public Performance

Only the copyright holder has the right to
publicly perform their work.
A public performance includes; film, music,
dance, theater, etc (Simpson, 2005)




The law defines a public performance as: to
perform or display it at a place open to the
public or at any place where a substantial
number of persons outside a normal circle of a
family and its social acquaintances is
gathered. (Simpson, 2005, p19)
Public Display

Display of artwork in any place outside of the
home.

Could apply to pictures, photography, sculpture, or
even literature if it were to be displayed on the
Internet.

Digital Transmission of sound recordings.

Latest copyright holders right came to be as
a result of the Digital Millennium Copyright
Act.
Internet radio stations must now pay expensive
royalties to record companies.


Length of life of copyright holder plus 70 years.
(extended to 70 from 50 in 1998)
Works published before 1923 are in the public
domain.
Works published between 1923-1978 have varying
periods of copyright. The time of creation depends
on length of copyright protection.
Flow Chart to help determine when copyright expires
74
Original Literary, Dramatic, Musical and Artistic Works
Work: Ideas expressed in material form
No copyright in ideas or facts
Cinematograph Films
Sound Recordings
Scope of Copyright Protection
Works Protected by Copyright
Literary works (books, written speeches, magazines, newsletters, trade journals, training materials,
technical papers, instruction manuals, catalogues);
Musical works (songs, operas and musicals);
Dramatic works (dance, plays, mime);
Artistic works (cartoons, paintings, sculptures, architectural works, blueprints, computer and laser
artwork);
Photographic works (such as photos, engravings);
Computer programs, software, and original databases;
Maps, globes, charts, diagrams and technical drawings;
Works Protected by Copyright (Continued)
Advertisements, commercial prints and labels;
Motion pictures (films, documentaries, television advertisements);
Multimedia products (work combined text with usual images, sound and computer programs, such as
video games); and
Works of applied art (artistic jewellery, wallpaper, carpets.)

Note:
Works are protected irrespective whether they are made available on computer diskettes, hard drives,
CD-ROMs, VCDs, DVDs, or whether they are transmitted by radio stations, television stations or
downloaded via the Internet


Scope of Copyright Protection - The things copyright does not protect
Ideas
Copyright law only protects the way ideas are expressed in a particular creation
Copyright does not protect the underlying idea, procedure, method of operation,
mathematical concept or system
Ideas protected under patent law or as trade secrets
Facts
Copyright does not protect facts whether scientific, historical, biographical or news of
the day
Only the manner in which such facts are expressed, selected or arranged are protected
Others are free to use the facts as long as they do not copy the manner in which the facts
are expressed
Scope of Copyright Protection - The things copyright does not protect
Useful articles
Copyright protection may not available for articles registered or protectable under industrial design
law
Usually the design of a useful article may be protected as an industrial design while copyright
protection may apply to the pictorial, graphic or sculptural features on the object
Names, titles, slogans and other short phrases
Generally not protected under copyright other than for logos
Official government works
Official texts of the Government or statutory bodies of a legislative or regulatory nature, or judicial
decisions
Note that this exclusion does not extend to works made by or under the direction or control of the
Government or its Government organizations




76
76
Two Kinds of Rights
Moral Rights
To protect personality of author
Economic Rights
To bring economic benefits
78
78
Right of Authorship
Right of Integrity
Digital Manipulation
No Right for Display
Inalienable Rights
Scope of Copyright Protection - Moral Rights

Most countries recognize moral rights, albeit the scope may vary from country to country
Generally, all countries recognize two types of moral rights:
The right to be named as the author of the work (authorship right or paternity right)
The right to protect the integrity of the work e.g. it prohibits any changes, modifications or alterations to
a work that would damage the authors honour or reputation
Moral rights cannot be transferred to someone else
Moral rights may be waived by the author in some countries by way of a written
agreement, for a specified period of time.

80
80
Right of Reproduction
Making copies e.g. an edition of a novel
Storage in computer memory
Right of Distribution/Issuing Copies
Digital Distribution
Right of Communication to the Public
Public Performance
Internet Communication
Adaptation Rights
Conversion into another form e.g. literary to drama
Abridgement
Picturizations, comic formats
Right to make a cinematograph film or sound recording
Translation Rights
Rental Rights
Resale Rights for original artistic works.
- Economic Rights

Economic rights protect the authors economic interests and allow the author to earn a profit by direct or indirect exploitation of a work
Scope of these rights and limitations and exceptions, differ on the type of work and from country to country

Generally it includes the exclusive rights to:
Make reproductions or copies of the work in various forms
Distribute the work to the public
Rent or lend copies of the work
Make translations or adaptations of the work
Communicate the work to the public
Perform, show or play the work in public







82
82
Literary author
Drama Dramatist
Music Composer
Artistic work Artist e.g. Painter, sculptor, architect
Photograph Photographer
Author of Computer Programme Person who causes
the work to be created
Cinematograph film producer
Sound Recording producer




83
83
Formality free protection
Voluntary Registration (S. 44 & 45)
Registration does not as a matter of law
establish that what is registered is in fact
and in law copyrightable subject matter


Copyright and related rights complement each other by protecting different
peoples involvement in a particular work
While copyright protects the author, related rights are rights granted to others
who are involved in making the work public
For example, in the case of a song, whilst copyright protects the composers
music and songwriters lyrics, related rights would protect:
singers and musicians who perform the song;
producer(s) have made a sound recording of the song; and
broadcasters that produced the broadcast program (Radio, TV & Web) in which the song
was broadcast


Performers have the rights to prevent anyone
from making a sound recording or visual recording of the
performance
or reproduce such recordings made without his consent
Broadcast the performance
Communicate the performance to the public
Recording, broadcasting and communicating to the
public of a live performance
Presumption of transfer of performers right to
cinematographic film producer
Duration: 50 years
86
86
Broadcast Reproduction Right
Re-broadcasting, Recording and
Communicating to the Public of a
Broadcast
Duration: 25 Years

There are three kinds of related rights or neighbouring rights:

rights of performers (actors, musicians, singers, dancers or generally people who perform) in their performances;

rights of producers of sound recordings in their recordings (cassette recordings, compact discs, etc.); and

rights of broadcasting organizations in their radio and television programs and in internet broadcasts such as
podcasts
What are the rights that they have?
Performers
You need to obtain the consent of the performer prior to recording, broadcasting or delivering a live performance
by cable as well as reproducing recordings
Producers of sound recordings
They have a legal right in their recordings and have the right to take action against unauthorized copying, use or
distribution
Broadcasters
They enjoy the right to control the rebroadcasting, fixation (recording) and reproduction of their broadcasts
The protection offered by related rights is independent of any copyright protection that may exist in the
works being performed, recorded or broadcast
Rights granted by law to communicators of works to the
public
Performers
Broadcasting Organizations


Period of Protection
A work is automatically protected as soon as it exists, without any special registration,
deposit, payment of fee or any other formal or administrative requirement
There are variations, e.g. USA
For most countries, protection of the economic rights lasts for the lifetime of the author
plus an additional period of at least 50 years (in the US and Europe, 70 years after death)
Not only the author benefits, but his or her heirs too
If several authors are involved (work of joint authorship) then the term of protection is
calculated from the death of the last surviving author
Generally in Malaysia, copyright & related rights last for a period of 50 years after the
first performance, date of publishing, recording (sound), or broadcast
i.e. there does not seem to be much of a distinction
Upon expiry of copyright, work will be in the public domain




Set of exclusive rights (right to exclude others)
to reproduce work in copies,
to prepare derivative works,
to distribute copies to the public,
to publicly perform or display the work, or communicate it to the public
moral rights of integrity & attribution (US visual art)
some rights to control acts of those who facilitate or contribute to others
infringement (e.g., ISPs, agents)
Limitations on exclusive rights:
Fair use (e.g., Sony Betamax, Acuff-Rose) in US
Fair dealing in UK and Canada
First sale (e.g., libraries, bookstores)
Library-archival copying (e.g., ILL, course reserves)
Classroom performances
Special inter-industry compulsory licenses (e.g., cable-network TV)
Other (e.g., playing radio in fast food joint)


89
Section 14: Meaning of Copyright
Copyright means the exclusive right to do or
authorise the doing of any of the acts
described below in respect of the work or any
substantial part thereof


91
91
In the course of employment employer
Employment by newspaper, magazine employer has publishing right; other
rights with author
Photograph, painting, cinema for valuable consideration person who pays
money
Lecture delivered in public Person delivering
Government Work Government
Public Undertaking Work public undertaking
Work of International Organization International Organization
Work of apprentice to Teacher
If teacher writes a book then teacher because he is employed to teach and not
write
Question Papers Paper setter
Encyclopedia, dictionary editor for collection
Music under contract by film producer film producer


To reproduce the work in any material form including
depiction in three dimensions of a two dimensional work or in
two dimensions of a three dimensional work
To Communicate the work to public
To issue copies of the work to public, not being copies in
circulation
To include the work in any cinematograph film
To make any adaptation of the work
To do in relation to any adaptation any of the above acts
To make a copy of the film, including a
photograph or any image forming part thereof
To sell or to give on hire or offer for sale or
hire any copy of the film regardless whether
such copy has been sold or given on hire on
earlier occasions
To communicate the film to public
To make any other sound recording embodying it
To sell or give on hire sell or to give on hire or offer
for sale or hire any copy of the sound recording
regardless whether such copy has been sold or given
on hire on earlier occasion
To communicate the sound recording to the public
Rationale of Copyright Protection
Term of protection for copyright is relatively long
in comparison with other IP
The intention is to allow creators of original work
sufficient time to receive due compensation for
their intellectual efforts
Rationale behind copyright is to promote the
progress of science and arts by encouraging the
creation of new works by
guaranteeing some exclusivity for a limited time
following which the works will return to the public
domain for others to benefit from them e.g. for other
to incorporate old ideas with the new
Protection has evolved over the past three
centuries, i.e. from 1709, and will continue to do
so




Any stable medium that will record or
reproduce the material is acceptable
Computer software satisfies the fixation the
moment the material is stored
a computer display is considered fixed even if
it appears momentarily and only returns
under certain conditions (games)
Works for Hire - employer is considered the author
when:
work prepared by an employee within the scope or his/her
employment
work specially ordered or commissioned for use as a
contribution to a collective work
Transfer of title v Work-for-Hire
under a work for hire, employer is considered the owner.
Duration 75 years from pub or 100 from creation. Transfer
(assignment etc. 35 years)
Joint Works - when 2 or more people make contributions
of authorship with intention contributions be merged
into inseparable work

Meaning of Ownership of Copyright
Terms authorship and ownership are often confused
Author refers to the person who created the work as opposed to someone who
contributed the idea of the work
The owner of the copyright in a work is the person who has the exclusive rights to
exploit the work e.g. to use, copy, sell and make derivative works.
Generally, copyright in a work initially belongs to the person who actually created it
i.e. the author, which will then be automatically transferred to the owner in the
following scenarios:
if the work was created by an employee as part of his job
if the work was commissioned or specially ordered
Who owns the copyright in commissioned works?

In Malaysia, by virtue of Section 26(2) of the Copyright 1987, the copyright to a
commissioned work is deemed to be transferred, in the absence of any agreement to
the contrary, from the author to the person who commissioned the work
Default position, e.g. where there is no contract or only a P.O.
Terms can be varied by way of contract
Important to examine all contracts for the creation of IP for this element
In most other countries, the creator owns the copyright in the commissioned work,
while the person who commissioned it merely has a license to use
Need to be carful when going abroad
Good idea to address copyright ownership issues in an agreement prior to
commissioning the external services






OWNERSHIP OF COPYRIGHT

Entering into a Copyright and License / Assignment Agreements

Before entering into a relationship involving the creation of a work, ensure that you are
clear on
What rights you own in the work under the law, e.g. what are you contributing to the work
Whether you need to own the copyright in the work
Whether a license to the work would be more appropriate

Points to consider include:
Whether or not you want to prevent unauthorized use
Whether or not you want to license the work to others
Whether or not you want to re-use the work for other purposes in the future
How much you want to pay to the author of the work
To ensure ownership of copyright, you may do the following:

Sign a written agreement with the author of the work, specifically
acknowledging that copyright is transferred
Not needed bearing in mind the default position in S. 26(2) of the Copyright Act 1987
Alternatively, you may agree to licensing the right to use with some type of moratorium

Depending on where you are, consider the necessity of obtaining:
Confirmatory assignment documents immediately after completion of the work, specifically
naming the copyright work by title
A waiver of moral rights
Registering the work with the national copyright office (If available)





OWNERSHIP OF COPYRIGHT

Who owns the copyright in works created by employees?

In Malaysia (as well as some other countries), if a work was created by an employee within a
scope of his/her employment, then the employer automatically owns the copyright
unless otherwise agreed in the employment agreement or any other supplementary
documents
Disputes may arise where the employee does work after hours and/or produces work not
within the scope of the employee's ordinary employment
Good practice to have employees sign a written agreement that clearly addresses all the
relevant copyright issues prior to commencement of work
Who owns the copyright in the works created by several authors?
Joint Ownership
Means a work produced by the collaboration of two or more authors in which the contribution
of each author is not separable from the contribution of the other author or authors
Ideally, the rights should be exercised on the basis of an agreement between the co-authors
To be avoided as far as reasonably possible, as:
Any one of the joint owners can exploit the work without permission of
the other coauthor(s) (but must share the profits generated from such
use)
In other jurisdictions, the consent of all joint owners is needed before copyright can be
exercised




PART C: OWNERSHIP OF COPYRIGHT

Collective works
If the authors do not intend the work to be a joint work and would like their contributions to be used
separately, then the work will be deemed to be collective
In this case, each author owns the copyright in the part he/she created

Derivative works
A derivative work is a work based on one or more pre-existing works, such as translation, musical
arrangement, dramatization or motion picture version of a novel
Making derivative works is an exclusive right of the copyright owner
Therefore, if the original work is protected by copyright, you cannot prepare a derivative work without the
copyright owners permission
Please note that the Act states that a work shall not be ineligible for copyright by reason only that the making
of the work, or the doing of any act in relation to the work involves an infringement of copyright in some other
work
Copyright extends only to those aspects which are original to the derivative work


PART C: OWNERSHIP OF COPYRIGHT

Copyright Infringement
Infringement of your economic rights may occur when someone, without
authorization is:
doing an act that you alone have the exclusive right to do (e.g. making copies of your
copyrighted works);
dealing commercially with an infringing work (e.g., selling a pirate CD); or
importing an infringing work
using a part of your work without authorisation
Moral rights may be infringed if the following occurs:
if your contribution, as author of the work, is not recognized;
if the copier passes himself off as the author of the work; or
if your work is subjected to derogatory treatment or is cut or modified in a way that would be
prejudicial to your honour or reputation






PART C: OWNERSHIP OF COPYRIGHT

There are a few ways how you can commercialize your original and/or creative
works:
you may sell the original works that are protected by copyright
you may make copies or reproductions and sell the copies
you may allow someone else to reproduce or otherwise use the works through licensing
you may also sell (assign) your copyright over the works, either entirely or partly
There are many models to choose from, depending on what it is that you
intend to achieve for your business






PART C: OWNERSHIP OF COPYRIGHT

17 USC 105
Copyright protection under this title is not
available for any work of the United States
Government, but the United States
Government is not precluded from receiving
and holding copyrights transferred to it by
assignment, bequest, or otherwise (including
contract).
'
Limited use without owners permission
criticism, comment, parody, news reporting,
teaching, scholarship or research
criteria
purpose and character of use
nature of original work
amount of work used
extent of harm
Lets Apply the criteria:
Education command wants to reproduce a text
book and distribute to all bases and ships at sea.
Permissible?
Graphs copied and reproduced in slides will be
used in lecture to 150 people. The lecture is going
to be video broadcast to all bases and ships at sea.
Permissible?
1. When do you need permission?
2. When you dont need permission?
3. Process to get authorisation
4. How to reduce the risk of infringement
When permission is needed
The use or exploitation of any works owned by others requires the copyright
owners permission
e.g. the use of photographs on your website, the playing of the radio for the benefit of your
customers
Even usage of a part of a work will require the owners consent
The best way to avoid infringement is by obtaining express written permission of
the copyright owner before you use or exploit the work
It is best to seek expert advice before negotiating terms and conditions of the
licensing arrangement with the owner of the copyright
When permission is not needed

The content or material is not protected under copyright law
e.g. if you are using facts or ideas and not the authors expression
The work is in the public domain
The copyright on the work has expired
The content or material is covered by the concepts of
fair use or fair dealing
limitation or exception under law







PART D: USING WORKS OWNED BY OTHERS

How to Get Authorization
An effective way to obtain authorization is to find out if there is a collective
management organization which provide licenses for the use of a particular
copyright work
For example the Music Authors Copyright Protection (MACP) in Malaysia, is a
body that licenses users of music and pays songwriters and publishers if their
music is broadcasted or performed publicly
For other types of copyright work, you may need to contact the person named
in the copyright notice, which may change over the years
Unlike other countries, Malaysia does not have any national copyright register
wherein you can identify the current copyright owners
Once you have identified the copyright owner(s) and related rights owners (if
any), you will have to negotiate the terms and conditions of the licensing
agreement






PART D: USING WORKS OWNED BY OTHERS

Reducing the risk of infringement
Educate employees so that they are aware of possible
copyright implications of their work and of others rights
Obtain written permission, licenses or assignments, where
needed, and ensure employees are familiar with the scope
of these permissions, licenses or assignments
Mark any apparatus that could be used to infringe copyright with a clear notice that the
apparatus must not be used to infringe copyright
Prohibit employees explicitly from downloading music, video films, etc. from the Internet on
office computers
Read agreements and notices regarding copyright works meticulously
Appoint experts for professional advice







PART D: USING WORKS OWNED BY OTHERS

Fair Dealing
Copyright laws in most countries provide for several limitations and exceptions
wherein copyright work can be used, either for a fee, free and/or with or
without the permission of the owner;
Section 13(2) of the Copyright Act 1987 provides for the exceptions in
Malaysia, for example:
Private study, non-profit research, criticism , review and reporting of current events;
Doing the above acts by way of parody, pastiche or caricature;
Use of a work for the purposes of examination questions;
Reading or recitation in public of any reasonable extract from a published work
accompanied by sufficient acknowledgment
Use of any work under the direction of governmental bodies where such use is in the
public interest and no profit is derived from it







PART D: USING WORKS OWNED BY OTHERS

Fair Dealing (Continued)

Performance of a work by a non-profit institution for charitable or educational purposes, where
no admission fee is charged in respect of such performance
Any use of a work for the purposes of any judicial proceedings, the proceedings of a royal
commission, a legislative body, statutory or Governmental inquiry, or of any report of any such
proceedings, or for the purpose of the giving of professional advice by a legal practitioner
Making of quotations from a published work if they are compatible with fair practice and their
extent does not exceed that justified by the purpose
The abovesaid exceptions are subject to certain
qualifying acts, e.g.
the mention of the source of reference and the name of the author and/or owner of the
copyright







PART D: USING WORKS OWNED BY OTHERS

Copyright Subsists in
original literary dramatic musical and artistic
works
Cinematograph films
Sound recordings
Copyright in a cinematograph film or sound
recording is separate from the copyright in the
work from which they are made


1
1
3
Section 13- Works in which Copyright Subsists
In the case of literary dramatic musical and artistic
works the work has to be original
In the case of a work of architecture, copyright shall
subsist only in the artistic character and design and
shall not extend to the processes and methods of
construction



1
1
4
Concept of originality does not relate to originality of
ideas but with the originality of expression
Even such expression need not be original or novel,
what is essential is that the work should not be a
copy of another work
it must originate from the author
Both musical work and dramatic work should be
original should employ skill and labour
Labour and skill should be expended sufficiently to
impart to the product some quality or character
which the raw material did not possess it is the
quality not quantity that matters
1
1
5
Dictionary: preparation involves skill and labour.
Copyright subsists in arrangement, sequence or
idiom, etc.
Directory, maps or mere preparation of lists can all
be original works: compilation requires employment
of skill and labour
The threshold of originality for copyright protection
is low. But it exists and is a matter of judicial
interpretation.
1
1
6
No stipulation of originality for cinematograph films
and Sound Recordings
But copyright will not subsist if substantial part of the
film is an infringement of copyright of any other
work.
Similarly copyright will not subsist in a sound
recording if in making of the sound record the
copyright in a work has been infringed
1
1
7
Section 14: Meaning of Copyright
Copyright means the exclusive right to do or
authorise the doing of any of the acts
described below in respect of the work or any
substantial part thereof


1
1
8
In respect of literary, dramatic or musical work, not being a
computer program, the exclusive right to
reproduce the work in any material form
including storing of it in any medium by electronic means
issue copies of the work to the public not being copies already in
circulation
(Expln: A copy once sold shall be deemed to be a copy in circulation)
perform the work in public, or communicate the work to the public
make a cinematograph film or sound recording
1
1
9
right to make any translation
right to make any adaptation
In respect of a translation or an adaptation of a work, right to
perform any of the exclusive rights for literary or dramatic
work
In the case of a computer program
to do any of the acts in respect of a literary work
To sell or to give on commercial rental any copy of the computer
program
Right to commercial rental does not apply in respect of computer
programs where the program itself is not the essential object of the rental
1
2
0
Communication to the public means making
any work available for being seen or heard or
otherwise enjoyed by the public directly or by
means of any of display or diffusion other
than by issuing copies of such work of such
work regardless whether any member of the
public actually sees, hears, or otherwise
enjoys the work so made available
1
2
1
To reproduce the work in any material form including
depiction in three dimensions of a two dimensional work or in
two dimensions of a three dimensional work
To Communicate the work to public
To issue copies of the work to public, not being copies in
circulation
To include the work in any cinematograph film
To make any adaptation of the work
To do in relation to any adaptation any of the above acts
1
2
2
To make a copy of the film, including a
photograph or any image forming part thereof
To sell or to give on hire or offer for sale or
hire any copy of the film regardless whether
such copy has been sold or given on hire on
earlier occasions
To communicate the film to public
1
2
3
To make any other sound recording embodying it
To sell or give on hire sell or to give on hire or offer
for sale or hire any copy of the sound recording
regardless whether such copy has been sold or given
on hire on earlier occasion
To communicate the sound recording to the public
1
2
4
Performers have the rights to prevent anyone
from making a sound recording or visual recording
of the performance
or reproduce such recordings made without his
consent
Broadcast the performance
Communicate the performance to the public
1
2
5
Authorizes any person to make fair use of a published or
unpublished copyrighted work (including the making of
unauthorized copies) in these contexts:

In connection with criticism of or comment on the work

In the course of news reporting

For teaching purposes or

As part of scholarship or research activity
1
2
6

Certain uses of a work protected by copyright do not require
permission of the copyright owner when done for essentially
non-commercial reasons.

For example
A teacher taking photocopies for distribution in a
class.

What happens if this is hosted on the web ?

1
2
7

1. The purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation
to the copyrighted work as a whole.

4. The effect of the use upon the potential market for or value of
the copyrighted work

1
2
8
Indian Law
Books, Literature, Dramatic/Musical Work
Reproduce, copy, communicate, distribute, change, Proprietor is
first owner

Media (Audio/Video)
Reproduce, copy, perform, distribute, change, sell/hire
copies

Software
Reproduce, copy, perform, distribute, change, sell/hire
copies

1
2
9
Semiconductor

- Original, Distinctive. Joint copyright is allowed under special
circumstance, For 10 yr from date of registration or day of commercial
exploitation, whichever is earlier

- Scientific evaluation, research, education amount to fair practice

- Registered user also to file with the office

- Registered user can file for infringement but does not have right of
assignment


1
3
0
Rights for 60 yrs beyond the death of owner. For dead authors, 60 yrs from use of
work

For cinema/photograph, 60 yrs from date of publishing

Sound, 60 yrs from date of release

60 yrs for Govt, PU and Intl organizations

Compulsory licensing of Indian work maybe be invoked by copyright board for public
good

For education, any Non-Indian work can be translated in 3 yr.

For both the above, royalty to author decided by board

Broadcast Reproduction Right and Performers Right for 25 yrs

Recording for personal use and education/fair use is not infringement

1
3
1
Protection extends to expression

Computer Programs are treated as Literary Work

Compilation of data and not data itself (unless copyrighted) is protected

Author of literary & artistic work have sole right to distribute or transfer
ownership

Right to rental of computer programs and cinematographic work (except
when not essential object)

Right to communication to public solely by author

1
3
2
Copyrights (continued)
Defined: (cont.)
2)Works in the "fields of art, literature, music or
science," such as:
Literary, dramatic, musical and artistic works.
Sound recordings.
Films.
Radio and television broadcasts.
Computer programs (in some countries).
3)Works "fixed in a tangible medium of expression"
for the purpose of being communicated.
133 of 28
Copyrights (continued)
b. No formalities are required to establish a
copyright
No requirement to use or the word copyright
No requirement to disclose the copyright owner
No requirement to state the date when the work was first published
No requirement to register
Duration: a copyright lasts for 50 years
following the author's death (Berne Convention) Can be
longer if members laws allow so. America has extended it for
and additional 25 years (total now 75). Upheld by US Sct. In
2003.
134 of 28
Copyrights (continued)
d. Scope of rights: copyright holder may only
restrict the use of the work itself.
May not prevent others from using the idea or the knowledge
contained in the copyrighted work.
135 of 28
Copyrights (continued)
e. Pecuniary Rights (i.e., to exploit a work for
economic gain):
Right to reproduce.
Right to distribute.
Exhaustion of Rights: once a work has been distributed to the public,
the right to control its distribution comes to an end.
Right of performance.
136 of 28
Copyrights (continued)
f. Moral Rights (i.e., to prohibit others from
tampering with a work).
These include:
Right to object to distortion, mutilation or modification.
Right to be recognized as the author.
Right to control public access to the work.
Right to correct or retract a work.
137 of 28
Copyrights (continued)
f. Moral Rights (continued)
2)The World Trade Organization's Agreement on Trade- Related
Aspects of Intellectual Property Rights: requires WTO
member states to comply with the provisions of the Berne
Convention.
Caveat: Does not require WTO member states to comply with the
Berne Convention provisions granting moral rights to authors.
138 of 28
Copyrights (continued)
g. Uses that do not constitute an infringement
of a copyright (commonly are):
Use in a court or administrative proceeding
Use by the police if the material (such as a portrait) is needed
to maintain public safety
Use for instructional purposes in schools
139 of 28
Copyrights (continued)
g. Uses that do not constitute an infringement
of a copyright (commonly are):
4)Use for a purely private purpose
5)Use in brief quotations in scholarly or literary works, or in
reviews
6)Use in extended quotations of newsworthy speeches or
political commentaries
140 of 28
Latest complete Law
Title 17 Public Law

Amendments to the Copyright Law

Digital Millennium Copyright Act (DMCA)
TEACH (Technology, And Copyright Harmonization Act)


After January 1, 1978 the work was automatically
protected by copyright the moment it was created
and physically recorded, written, painted, etc

After 1989 works no longer needed the copyright
symbol,, and the author no longer needed to
register the work with the US copyright office in
order to be eligible for protection.
What is the Public Domain?
work not protected by copyright.

How does a work enter the public domain?
Work may not have been eligible for copyright
protection.
Creative Commons
Authors may elect to dedicate their work to the public
domain, Creative Commons is the method used to do
this. (www.creativecommons.org)



Factual Information ex. Phone book data
Ideas
Creative works made by non-humans, ex. Art
work created by a monkey or an elephant.
Works created by US Federal government
employees during the course of their duties.
Created in response to
Digital Millennium
Copyright Act (DMCA)

Creative Commons
Video
Creativecommons.org
145
What is it?

Fair use is not a right. It is a defense
used in court when an individual has
been charged with infringing
copyright laws. (Simpson, 2005)
Will that make you sleep better at night?
Without fair use human knowledge would not
advance. It is necessary to balance the
copyright holders rights with the rights of
humankind to use and build upon the
discoveries of others.
Accepting that fair use is necessary for the
benefit of the world. Lets take a look at the
fair use guidelines so we are protecting both
the copyright holders rights as well as
protecting ourselves.
The fair use guidelines as they appear in section
107 of the federal law are listed below.

Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered fair, such as
criticism, comment, news reporting, teaching, scholarship, and research.
Section 107 also sets out four factors to be considered in determining
whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of
commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the
copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the
copyrighted work (17 USC, http://www.copyright.gov/fls/fl102.html)

The four tests for fair use are difficult for laypeople
to understand. In order to help teachers better
understand which uses constituted fair use
congress came up with the fair use guidelines. One
can use either the guidelines or the four
tests as a defense of fair use.

Fair use guidelines are easier to learn and
administer than applying the fair use test.
(Simpson, 2005)
Teachers may copy, for the purpose of research,
teaching, or preparation for teaching:
A single chapter from a book.
A single copy of an article.
A single copy of a short story, short essay, or short
poem.
A single copy of a chart, graph, diagram, drawing,
cartoon, or picture from a book, periodical, or
newspaper. (Simpson, 2005, p54)

When are multiple copies permitted? Multiple
copies are permitted if three tests are met.

1. Brevity- length of a work used.
2. Spontaneity
3. Cumulative Effect





Brevity

Poem up to 250 words in length.
Prose: Article less than 2,500 words may be copied in its
entirety. Play or novel not more than 1,000 words or 10%
less.
Picture book: only two pages provided this isnt more than
10%.
Illustration: One chart, graph, drawing, cartoon, diagram or
picture.


Hall Davidson Chart on Copyright and Fair Use Guidelines

Spontaneity

Must be teachers idea to use the work.
Planned use must be too close to use to get
permission from copyright holder, less than 2 weeks.
Cumulative Effect

Law was created to ensure that fair use isnt a
substitute for purchasing materials.
Item may be copied for only one course.
Students may not be charged for copies beyond
the actual cost of photocopying.
Consumables may not be copied.



What is considered AV Materials?

Video
Filmstrips
Sound Recordings
Graphics and all other non print formats that are
not multimedia. (Simpson, 2005)
Rules included in section 110(1) of 17 USC,
current copyright law.

This is law and not externally developed
guidelines as in the case of print media.

Can be broken down into five yes or no
questions to help determine appropriateness
of a fair use claim.

1. Is it a nonprofit performance?
2. Does it take place in a classroom or similar location?
3. Are only instructors and students present for the viewing?
4. Is the copy being shown a legally acquired copy?
5. Does the video fit as an integral part of an immediate unit of
study in a face to face academic setting? (Simpson, 2005)
Ask these five questions to determine the likelihood
of the fair use defense holding up in court. Can you
answer yes to all five questions?
If you couldnt answer yes to all five questions you
would most likely not qualify for a fair use
defense.

In a case such as this the copyright holder must
grant permission, or you must obtain performance
rights? Such rights can be obtained with the
purchase of an umbrella license. Several vendors
sell an umbrella license allowing public
performances of movies from certain producers.
There are no legal guidelines established for
educational uses of music however, in 1976
several music groups got together to
establish the Guidelines for Educational Uses
of Music. This group consisted of educators
and copyright holders. Following these
guidelines are a sensible fair practice.
(Simpson, 2005)
Print Materials Acceptable Use
Purchased copies havent arrived in time, making
emergency copies is permissible.
Classroom purposes, non performance, portion of a
work may be copied, not to exceed 10%.
Schools owning sufficient copies of a piece may edit
or simplify the work provided it doesnt change the
character of the work.
(Simpson, 2005)

Recorded Music Acceptable Use
Single copy of a student performance may be
made, but only for evaluation or rehearsal.
A single copy of a sound recording of
copyrighted music, which a legal copy is
owned, for the purpose of constructing aural
examinations or exercises. (Simpson, 2005)
Multimedia is a technology that emerged after the
latest revisions to the copyright
law, however in 1996 a group of media producers,
publishers, and consumers established a set of
guidelines on the use of multimedia in education.
CONFU (Conference on Fair Use)

Examples of multimedia presentations include
PowerPoint and Hyper studio.

Fair use guidelines for educational multimedia

Motion media- up to 10% or 3 minutes, whichever is less, of an individual program.
Text-Up to 10% or 1000 words of a novel, story, play, or long poem. Poem shorter than 250
words may be used completely.
Music, lyrics, and music videos- 10% or 30 seconds. (CONFU Guidelines, 1996)
Illustrations, cartoons, and photos- no more than 5 images from a single artist. No
more than 15 images or 10% of a single collection.

10% of numerical data sets or 2,500 fields.

Citing copyright protected work is required.

Teachers may only keep work with copyrighted material a period of two years after
its first use.

Students may keep the work indefinitely.

The opening screen of the multimedia presentation must contain a notice that the
work contains copyrighted material and is being used under the fair use exemption
of the U.S. Copyright Law. (Simpson, 2005)


Issues
Tempting and easy to make illegal copies.
Teachers/administrators rationalize their actions as necessary.
Software Publishers Association (SPA) estimates that for every one legal
copy purchased there are another 3-7 illegal copies in distribution.
(Marshall, 1993)

Risks
Piracy is punishable as a felony.
If one makes more than 10 illegal copies of software within 180 day
period, crime is punishable up to 2 years in jail and 25,000.
Make more than 50 copies and that fine goes up to 250,000 and up to 5
years jail time.


If a page is damaged, a good copy of the page
can be made and inserted into the book.
If a book is out of print, and a new copy
cannot be obtained at a reasonable price,
library may make copies to repair or replace
damaged book. (Simpson, 2005)
Copyright Protection
COPYRIGHT is
an exclusive right - a bundle of rights
Reproduce, issue copies, perform, translate, adapt etc.
does not protect ideas, procedures, methods of
operations, discoveries, functionality - only the
expression of an idea in a tangible form
program, audio visual displays, source code and
object code are protectable
Term of protection - Life + 60 years (India)

Copyright subsists worldwide - BERNE
Convention
Right of make or reproduction
Right to issue copies sell, rent or give for hire
Right of public performance communicate to the public
Right of public display
Right of public distribution
Right of importation
Derivative rights adaptation, translation, inclusion
Right to assign or license
Moral rights / right of paternity
Literary Films
Dramatic
Musical
Sound Recording
Artistic
Copyright Protection
Copyright infringement
person without license/ in contravention of license
does anything which violates exclusive right of copyright
holder
Infringing copies are
Any copy made in violation of the bundle of rights.
distributed for trade or to the extent to prejudicially affect
the owner
exhibited in public
imported into India
Computer programs
no infringement if adaptations or copies made by
lawful possessor to
utilize program for purpose it was supplied
back-up copies
Categories of copyrighted
works
literary
artistic
musical
Dramatic
Cinematograph films
Sound Recordings
Broadcasters rights
Performers Rights
172
Computer includes any electronic or similar device having
information processing capabilities (added by amendment in
1995)
Duplicating equipment means any mechanical contrivance or
device used or intended to be used for making copies of any
work.
Reprography means the making of copies of a work, by
photocopying or similar means
Publication means making a work available to the public by
means of copies or by communicating the work to the public.

But by a review of cases one can see that protection against
what is contemplated under the new WIPO treaty has already
been granted by judge-made law.

Chorography:
art of arranging designing of ballet or stage dance in symbolic language.
It is a form of dramatic work.
In order to qualify for the copyright protection it must be reduced into writing.
Ballet:
The elements of ballet are the music, the story, the choreography, the scenery,
and the costumes.
A composite work.
Such work could be the subject matter of copyright.
Painting :
An artistic work whether or not it posses any artistic quality .
To be entitled to copyright protection a painting must be original i.e. it should originate from the painter
and not a mere copy of another painting.
A painting must be on a surface of some kind.
Facial make-up as such, however idiosyncratic it must be an idea,
cannot possibly be a painting for the purpose of copyright act.

Sculpture:
Included in the definition of artistic work
the work of sculpture includes casts and models.
means the art, act, process of carving cutting, hewing,
molding or constructing materials into statutes ,
ornaments, figures
The act, art, process of producing figures or groups in
plastic or hard materials.
The art of sculpture is the branch of the visual arts that
is especially concerned with the creation of expressive
form in three dimensions.
A sculpture should in some way express in three
dimensional form an idea of the sculptor.
NEW ENCYCLOPEDIA QUOTED IN WHAM-O CASE. A Frisbee was a
sculpture.
Copyright subsists original sculpture. The creation of a sculpture no
doubt involves good amount of skill and labor
All Industry be it fashion design, manufacturing of industrial goods,
manufacturing of aesthetic items of export, production of jewellery etc.
has intellectual creativity in them

Creativity starts from the very moment the creator draws his first sketch,
makes improvements on it and finally arrives at the product.
Creation goes through various steps which can be broadly divided
Conception
Design & development
Commercial manufacture.
At each of these stages, there are works which are created that can be protected in law
Examples
- A drawing or a sketch which can be created as the first conception of a product is a
copyrightable subject matter
- The shape and aesthetic look given to a product is protectable under the Designs
Act
- The final product and the brand which is given to the product are protectable under
the Trade Mark Act
- If the shape is unique and can be identified exclusively with a specific product then
the shape is also protectable


Organisations which are engaged in any of the above stages of creation of a product
ought to protect their creation.
Sufficient safeguards ought to be taken to ensure that such works are not misused
or plagiarised
Whenever designs or any other subject matter of Intellectual Property is created
within an organisation, the contract should clearly specify that anything created by
the employees during the course of their employment would automatically belong
to the organisation which will have the rights to exploit the same
Documents relating to the creation should be preserved chronologically in original.
The same should be maintained under specific portfolio and should be kept under
the custody of any of the Top Management Officials
Once the final product is created and before it is sent for industrial manufacture or
in the case of a designer product before it is put in the market for sale, steps should
be taken to protect it by filing Copyright applications or Design applications
Care must be taken to ensure that no prior publication is made before such
applications are filed. This would ensure that in the case of a design, prior
publication is not made and in case of copyright. , no one else claims prior rights
The applications which are filed should be followed up diligently and registration
certificates obtained should be maintained in the records of the organisation.
The Copyright office is located in Delhi. The Designs office comes under the
Controller General of Patents and Designs & Trade Marks, which is situated at
Kolkata. However, applications can be filed through posts