COPYRIGHTS

1
 What is copyright ?

“The exclusive right given by law for a certain term of years to an author, composer
etc. (or his assignee) to print, publish and sell copies of his original work”

 The copyright symbol or copyright sign is the symbol used in copyright

notices for works other than sound recordings.
 The use of the symbol is described by the Universal Copyright Convention. 
 The symbol is widely recognized but, under the Berne Convention, is no longer
required in most nations to assert a new copyrights.

© copyright
all rights reserved 2
 History of copyright
 The history of copyright starts with early privileges and monopolies granted
to printers of books.
 The British Statute of Anne 1710, full title "An Act for the Encouragement of
Learning, by vesting the Copies of Printed Books in the Authors or purchasers
of such Copies, during the Times therein mentioned", was the
first copyright statute.
 Initially copyright law only applied to the copying of books.

 Today national copyright laws have been standardized to some extent through
international and regional agreements such as the Berne Convention and
the European copyright directives.
 Although there are consistencies among nations' copyright laws, each
jurisdiction has separate and distinct laws and regulations about copyright.
 Some jurisdictions also recognize moral rights of creators, such as the right to
be credited for the work.
3
The Berne Convention for the Protection of Literary and Artistic Works,
usually known as the Berne Convention, is an international
agreement governing copyright, which was first accepted
in Berne, Switzerland, in 1886. 
The Berne Convention has 179 contracting parties, most of which are parties
to the Paris Act of 1971.
The Berne Convention formally mandated several aspects of modern
copyright law.
it introduced the concept that a copyright exists the moment a work is
"fixed", rather than requiring registration.
It also enforces a requirement that countries recognize copyrights held by the
citizens of all other parties to the convention.

4
The copyright law of the European Union is the copyright law applicable
within the European Union.
 Copyright law is largely harmonized in the Union, although country to
country differences exist.
The body of law was implemented in the EU through a number of directives,
which the member states need to enact into their national law.
The main copyright directives are the Copyright Term Directive,
the Information Society Directive and the Directive on Copyright in the Digital
Single Market.
Copyright in the Union is furthermore dependent on international
conventions to which the European Union is a member such as the TRIPS
Agreement.

5
 What is the perspectives of copyright ?
Mainly Three perspectives of copyright

1. Incentivize creative production (Public Domain).

Public Domain :- The Public Domain refers to all creative works to which no exclusive
intellectual property rights apply, When copyright expires (typically 70 years after death
of the author in the UK and USA) works are considered to be in the Public Domain.
Works in the Public Domain may be used freely by anyone and authorial rights
(including copyright) effectively no longer exist.
Public Domain does not usually refer to cases where an author retains some rights.
Some works may never enter the Public Domain.

2. Preserve the integrity of creative works.

3. Establish rules for economic exploitation of works.

6
 Rights of copyright owner

Produce their work in public

Publish their work
Perform their work in public
Translate their work
Make any cinematograph film or a
record of their work
Broadcast their work
Make an adaptation of their work
Make copies of their work and
distribute them
Make derivatives of their work 
Prevent others from making
unauthorized use of copyrighted work
7
 Whose rights are protected ?
Copyright protects the right of Author, i.e. creator of Intellectual Properties.
He/She is also called the First Owner of Copyright.
According to Section 17 the author of the work is the first owner of the
copyright.
According to Section 19 the assignment is valid only when it is in writing duly
signed by the assignor or authorized agent.
in course of employment, the employer is the first owner of these rights.

Work Creator of work

Literary or dramatic work Author
Musical work Composer
Cinematograph Producer
Sound recording Producer
Photograph Photographer 8
 What can be protected ?

 Literary or dramatic
work
 A musical work
 An artistic work
 A cinematograph film
 A sound recording
 A photograph
 A computer generated
work

9
 Copyright registration
The copyright registrar under Chapter X of the Indian Copyright Act,1957 and
Rule 70 of the Copyright Rules 2013.

The steps involved in the registration process are

1. File an Application :-
The author of the work, copyright claimant, owner of an exclusive right for the
work or an authorized agent file an application either physically in the copyrights
office or through speed/registered post or through e-filing facility available on the
official website (copyright.gov.in).

For registration of each work, a separate application must be filed with the
registrar along with the particulars of the work. Along with this, the requisite fee
must also be given, Different types of work have different fees. 
10
2. Examination :-
Once the dairy number is issued, there is a minimum 30 days waiting period.
In this time period, the copyright examiner reviews the application.
This waiting period exists so that objections can arise and be reviewed.
In case no objections are raised, the examiner goes ahead to review and scrutinize the application to find
any discrepancy.
In case objections are raised by someone against the applicant, letters are sent out to both parties and they
are called to be heard by the registrar.

3. Registration:-
The final step in this process can be termed as registration. In this step, the registrar might ask for more
documents.
Once completely satisfied with the copyright claim made by the applicant, the Registrar of Copyrights
would enter the details of the copyright into the register of copyrights and issue a certificate of
registration. 
The process registration of copyright completes when the applicant is issued the Extracts of the Register of
Copyrights (ROC).

11
12
 Copyright Law

No single “international copyright” for whole world.

The Copyright Act of each country is compliant with most international
conventions and treaties.
In India, the Copyright Act, 1957 is compliant with these international
conventions and treaties,
1.Berne Convention of 1886
2.Universal Copyright Convention of 1951
3. Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

13
Indian Copyright Act:-
The Indian Copyright Act, 1914 was based on the Imperial Copyright Act of
1911 passed by the Parliament of the United Kingdom, but was slightly modified
in terms of its application to Indian law.
The Act is applicable from 21 January 1958. 
Prior to 21 January 1958, the Indian Copyright Act, 1914, was applicable in
India and still applicable for works created prior to 21 January 1958, when the
new Act came into force.
According to this Act, the period of copyright for photographs was 50 years
from the time it was first published.

14
The Copyright Act 1957 was the first post-independence copyright legislation in
India and the law has been amended six times since 1957. 
The amendment of copyright was in the years of 1983, 1984, 1992, 1994, 1999.
The most recent amendment was in the year 2012, through the Copyright
(Amendment) Act 2012.

Indian Perspective on Copyright The

Copyright Act, 1957 confers copyright
protection in the following two forms:
1.Economic Rights
2.Moral Rights
15
1. Economic Rights:-

Several exclusive rights typically attach to the holder of a copyright is

•To produce copies or reproductions of the work and to sell those copies
(including, typically, electronic copies).

•To import or export the work.

•To create derivative works (works that adapt the original work).

•To perform or display the work publicly.

•To sell or assign these rights to others.

•To transmit or display by radio or video

16
2.Moral Rights:-
(i) Right of paternity :- to claim authorship of work and
to prevent all others from claiming
authorship of his work.

(ii) Right of integrity :- to prevent distortion, mutilation or

other alterations of his work, or any
other action in relation to said work,
which would be prejudicial to his
honour or reputation.

17
 Copyright infringement
Use of any copyrighted work without the permission of the owner amounts to copyright
infringement. Infringement occurs when a person intentionally or unintentionally
copies/uses the work of another without credit.

Infringement is usually classified into two categories-

1. primary infringement
2. secondary infringement.

Primary infringement is the actual act of copying.

secondary infringement includes unauthorized dealings like selling the pirated books,
importing, etc.

In the case of secondary infringement, knowledge of infringement is present with the
infringer while in the case of primary infringement, knowledge may or may not be
present.
18
In India, copyright infringement occurs when,
Copies of copyrighted work are made for sale/hire without permission or
authority, like in the case of online piracy.
A copyrighted work is performed in a public place.
Infringing copies are distributed for the purpose of trade and personal gains.
Public exhibition of infringing copies by way of trade prejudicial to the owner.
Infringing copies are imported from another country into India.

19
Actions against Copyright Infringement:

The key requirements for taking an action against copyright infringement include:
1. Proof of ownership of copyright
2. Substantial similarity between the original and the infringed copy
3. Copying amounts to improper appropriation

20
The first thing to do is to send a legal notice for copyright infringement to the
person or entity guilty of copyright violation.
In the case of online copyright infringement, a takedown notice may be sent to
the person or company involved.
A copyright owner can take several actions against copyright infringement
under the civil and criminal laws.

21
The civil actions against copyright infringement are given under Section 55 of
the Copyright Act, 1957. Under a civil action against copyright infringement,
the court can grant the following reliefs: 

1. Interlocutory Injunction: It is the most important relief as it prevents the

infringer from doing anything that amounts to copyright infringement.
 
2. Financial Relief: Under Section 55 and Section 58 of the Copyright Act, the
copyright owner can claim three remedies- profits which lets the owner get
the profits made through an unlawful act, compensatory damages and
conversion damages calculated according to the value of the infringing
article.

22
3.Anton Pillar Order: It restrains the infringer from dealing in infringing
goods or destroying them. It also allows the copyright owner and his lawyer to
enter and search the premises of the infringer and take goods into safe custody.
Under this order, the infringer is required to disclose the names of all the
suppliers and customers of infringing goods.

4. Mareva Injunction: It is an order under which the court gets temporary

custody of infringing goods, thereby preventing any chances of disposal.
 
5. Norwich Pharmacal Order: It is passed to discover information from a third
party.

23
Under the Copyright Act, 1957, criminal action against copyright
infringement can also be taken.
The person found guilty of copyright infringement would be liable for
punishment for imprisonment for not less than 6 months and up to 3 years, or
fine of at least Rs. 50,000 to Rs. 2 lakhs. 
Under the criminal action taken against copyright infringement, a search and
seizure of infringing goods may also be ordered by the court and the infringing
goods may be delivered to the actual copyright owner.

24
25