COPYRIGHTS

Intellectual Property
Copyright legislation is part of the
wider body of law known as
intellectual property.
The term intellectual property refers
broadly to the creations of the human
mind.
Intellectual property rights protect the
interests of creators by giving them
property rights over their creations.
IPR according to WIPO
The Convention Establishing the World Intellectual Property
Organization (1967) gives the following list of subject matter
protected by intellectual property rights:
literary, artistic and scientific works;
performances of performing artists, phonograms, and
broadcasts;
inventions in all fields of human endeavor;
scientific discoveries;
industrial designs;
trademarks, service marks,commercial names, designations;
protection against unfair competition; and
all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
Branches of Intellectual Property
A. Industrial Property
Patents to protect inventions
Industrial designs
Trademarks
Service marks
Layout-designs of integrated circuits
Commercial names
Designations
Geographical indications
Protection against unfair competition
B. Copyright
Includes artistic creations such as
books
music
paintings
sculptures
films and
technology-based works
computer programs
electronic databases
Copyright law
Copyright law protects only the form of expression of ideas, not
the ideas themselves.
Most copyright laws state that the author or 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 publication
sound recordings
the distribution of copies
its broadcasting or other communication to the public
its translation into other languages



Historical evolution of copyright law

Confined to books only
Worlds first copyright law was passed in 1709 in England
There after in 1911 by name copyright Act, 1911

Copyright law in India
First act was passed in 1914
This act was based on Act of 1911
The Act of 1914 underwent revision due to advent of advancement
of science and technology
There after the copyright of 1957 was passed.

Meaning of copyright
Copyright is a legal term describing the economic rights given to
creators of literary and artistic works including-
- right to reproduce the work
- to make copies, and
- to perform or display the work publicity.
Copyright does not include
Ideas
Recipes
Blank forms
Names, titles
Work from federal government
Work lacking originality (e.g. the phone book)

Works protected by Copyrights
For the purposes of copyright protection, the
term literary and artistic works is
understood to include every original work of
authorship, irrespective of its literary or
artistic merit.

The ideas in the work do not need to be
original, but the form of expression must be
an original creation of the author.
Duration of Copyright
Copyright in a literary work start for

Authors lifetime plus 50 years from the end of the calender year in
which the author dies.

50 years for films and sound recordings.

25 years for typographical arrangements of a published edition.

Rights protected
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.
Economic Rights of Copyright

Literary, Dramatic and Musical Work :-
Following are the Economic Rights:-
a) To reproduce or store the work.
b) To issue copies to the public.
c) To perform the work in public.
d) To make cinematograph film or sound recording.

Artistic Work:-
Following are the Economic Rights:-
a) To reproduce the work.
b) To communicate the work to public.
Contd..


c) To include the work in cinematograph film.

Cinematograph Film:-
Following are the Economic Rights:-
a) To make copies of the film.
b) To sell or give on hire a copy of the film.
c) To communicate the film to the public.
Sound Recording :-
Following are the Economic Rights:-
a) To sell or give on hire a copy of the sound recording.
b) To communicate the sound recording to the public.

Authors Moral Rights Sec.57
Introduction :-
An author is entitled to claim his moral rights even after the assignment of
his copyrights.
Kinds of Moral Rights :-
a) Right of Paternity
An author has a right to claim authorship of his work and can prevent
all others from claiming authorship of his work. He can also demand to include
his name to appear in all the copies of his work at appropriate place.
b)Right of Integrity :-
An author has a right to prevent distortion, mutilation or other alteration
of his work, etc., which would be prejudicial to his honour and reputation. It is
essential where a licence or assignement has been granted to adapt or alter the
work in some way, eg. Novel into play, play into film, etc.

Copyright Office, Copyright Board and
Registration of Copyright:


Copyright Office:- Sec. 9
Copyright Office is at New Delhi, which is under the control of
Registrar of Copyright, who is under the supervision and control of the Central
Government.
Registrar and Deputy Registrar:-
appointed by the Central Government. They possess certain powers of
the civil court.
Register of Copyright:-
Consist of six parts-
Part I Literary work.
Part II Musical Works.
Part III Artistic works.
Part IV Cinematograph films.
Part V Sound Recordings.
Part VI Computer Programmes, etc .
Contd..

- Register also consist of indexes for each of the above mentioned parts of
the Register.
- The Register remains open to inspection at all reasonable times.
Copyright Board:- Sec. 11
Constituted by the Central Government to discharge judicial functions.
It consists of-
A Chairman and
2 to 4 other members.
Functions of the Board:-
- To decide whether work has been published or not.
- To direct the Registrar to grant compulsory licenses under various
circumstances.
-To rectify the Register.


Contd
Powers and Procedure of the Board:-
- Can to regulate its own proceedings.
- Ordinarily hear proceedings instituted within the zone.
- Territory of India is divided into 5 zones.
These are:-
1. Northern Zone includes States of Haryana, Punjab,
Himachal Pradesh, Jammu & Kashmir, Rajasthan, and
Union Territories of Delhi and Chandigarh.
2. Central Zone includes Utter Pradesh Madhya Pradesh.
3. Eastern Zone includes Bihar, West Bengal, Orissa, Assam, Manipur and
Tripura.
4. Western Zone includes Gujarat, Maharashtra and Goa and the Union
Territories of Dadra and Nagar Haveli, Daman and Diu; and .

Contd..
5. Southern Zone includes Andhra Pradesh, Tamil Nadu, Karnataka,
Kerala and Union Territory of Pondicherry

Benches of the Board:-
Chairman may constitute Benches to exercise its powers. Each bench may
consist of not less than 3 members.

Registration of Copyright:- Secs. 44 to 50A.
Registration of Copyright is optional and not mandatory. It is not pre-
requisite conditions to claim Copyright. Copyright subsists as soon an the
work is created.
Procedure for Registration of Copyright
The Author or the publisher, etc may apply for registration to the
Registrar in Form IV along with prescribed fees.
The application must be made in triplicate.
The applicant is required to give a notice of his application to every
interested person to invite for any objections.
If no objections are received within 30 days of the notice, the Registrar, if
satisfied that the contents of the application if correct, enter the contents in
the register of Copyright
If he receives the objections or if he is not satisfied regarding the
correctness of the information given, may after an inquiry, enter the
information accordingly in the register of Copyright.
Infringement of Copyright:


Introduction :-
Grant of certain exclusive rights to the author. To enable him to rip the
fruits of his labour. But, if a person uses any of these rights without his
permission, he has infringed the copyright.
Infringement of Copyright by Copying :-
Copying can be done in three ways-
1. Direct Copying:-
Reproduction of the authors work falls under this category.
2. Indirect Copying:- Means copying the work of a person by changing
its form.
3. Subconscious Copying:- This copying may occur subconsciously
where a person reads, sees or hears a work, forgets about it but then reproduces
it, genuinely believing it to be his own.


Contd..
Infringing Copy :- Sec.2(m)
Infringing copy means:-
In relation to literary, dramatic, musical artistic work, a reproduction
thereof;
In relation to a cinematographic film, a copy of the film;
In relation to a sound recording, any other sound recording embodying the
same sound recording;

Remedies Against Infringement:

There are three types of remedies available for infringement of copyright:
1. Civil Remedies, and
2. Administrative Remedies.
3. Criminal Remedies
CIVIL REMEDIES:- Secs. 54 to 62 deal with these concepts.
These are of two types:-
a) Preventive Civil Remedies, and
b) Compensatory Remedies.
a) Preventive Civil Remedies:- These are of following types:-
(i) Interlocutory Injunction.
(ii) Mareva Injunction:
(iii) Permanent Injunction :
Contd
(b) Compensatory Civil Remedies:- These remedies can be divided into three
parts: damages, damages for conversion / delivery up of infringing copies, and
account of profit.
(i) Damages
(ii) Damages for Conversion / Delivery Up
(iii) Account of Profit:-
2. ADMINISTRATIVE REMEDIES:-
There is provision under Sec.53(1) of the Copyright Act, 1975 which
makes available effective and quick remedy to the owner of Copyright.
- It is useful in preventing importation of infringing copies in India

3. CRIMINAL REMEDIES (Offences and Penalties):- Sec.63 to 70
- Can be availed simultaneously along with civil.
- more effective than civil because it can be disposed of quickly.
- as a result sometimes the offender comes for a settlement out of court..


PUNISHMENT
the offence is punishable with
imprisonment for a term which shall not be less than six months,
but may extend to three years and with fine which shall not be less than
Rs.50,000/-, but may extend to Rs. 2 lakhs.