GROUP-8 SECTION-B

INTRODUCTION
y The importance of copyright was recognized only after y

y y y y

the invention of the press, that enabled the reproduction of books in large quantities practicable. In India , the first legislation of its kind, the Indian Copyright Act, was pressed in 1914 that was mainly based on the UK Copyright Act, 1911. At present, the law relating to copyright is contained in the Copyright Act, 1957. It extends to whole of India. It came into force on 21 January 1958. The Act has been substantially amended in 1983, 84, 92, 94 &99.

y The exclusive right to do or authorize the doing of any of the

MEANING OF COPYRIGHT

following acts in respect of work, or any substantial part thereof namely: - In the case of a literary, dramatic or musical work, not being a computer program :y to reproduce the work in any material form including the storing of

it in any medium by electronic means; y to issue copies of the work to the public not being copies already in circulation; y to perform the work in public, or communicate it to the public;

- In the case of a computer programme,y to do any of the acts specified in clause above; y to sell or give on commercial rental or offer for sale or for

commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programs where the programme itself is not the essential object of the rental. rental.

- In the case of an artistic work,y to reproduce the work in any material form including depiction in

y y y y

three dimensions of a two dimensional work or in two dimensions of a three dimensional work; to communicate the work to the public; to issue copies of the work to the public not being copies already in circulation; to include the work in any cinematograph film; to make any adaptation of the work;

- In the case of cinematograph film, y to make a copy of the film, including a photograph of any image

forming part thereof; y to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions; y to communicate the film to the public;

- In the case of sound recording, y to make any other sound recording embodying it; y to sell or give on hire, or offer for sale or hire, any copy of the sound

recording regardless of whether such copy has been sold or given on hire on earlier occasions; y to communicate the sound recording to the public.

Works in which copyright subsists:y (1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,y original literary, dramatic, musical and artistic works; y cinematograph films; y Sound recording

y (2) Copyright shall not subsisty (a) in any cinematograph film a substantial part of the film is an infringement of the copyright in any other work; y (b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the sound recording, copyright in such work has been infringed.

AUTHORSHIP AND OWNERSHIP

y Copyright protects the rights of authors, i.e., creators of intellectual

property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings. y Ordinarily the author is the first owner of copyright in a work. y Who is an author?
y In the case of a literary or dramatic work the author, i.e., the person who

creates the work. y In the case of a musical work, the composer. y In the case of a cinematograph film, the producer. y In the case of a sound recording, the producer. y In the case of a photograph, the photographer. y In the case of a computer generated work, the person who causes the work to be created. y For example : Who all have rights in a musical sound recording? There are many right holders in a musical sound recording. For example, the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician (s) who performed the background music, and the person or company who produced the sound recording.

Assignment of Copyright
y The owner of the copyright in an existing work or the prospective

y y y y y y y

owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof. Mode of assigning copyright In writing signed by the assignor or by his duly authorized agent Specific works Rights assigned, duration and territorial extent. Royalty Assignment subject to revision, extension or termination Does an assignment lapse automatically? When the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, unless specified in the assignment.

y What will be the period of assignment if not specifically stated

in the assignments? Five years from the date of assignment. y What will be the territorial extent of the assignment if not specified in the assignment? Extend within the whole of India, unless specified. y Can an author relinquish copyright and, if so, how? Notice in the prescribed form to the Registrar of Copyrights.

TERM OF COPYRIGHT
y Literary, dramatic, musical or artistic work (excluding

photograph) - 60 years from the beginning of the calendar year next following the year in which the author dies. y Anonymous or pseudonymous work - 60 years from the beginning of the calendar year next following the year in which work is published. But if the author is disclosed; same as above. y Posthumous work-Former part of the above.

LICENCES
y Licence by owner of copyright

In writing duly signed by him/ authorized agent. Licence relating to copying in future work- effect only when the work comes into existence, such as republication, performance in public or communication to public. Compulsory licence in works withheld from public The Copyright Board can direct the Registrar of copyrights to grant compulsory licence to complainant( in case of more than two: one who would best serve the general public) incase the owner does not grant during the term of the copyright. Copyright Board can grant licence to any applicant incase the owner is dead or unknown. The Registrar of Copyrights can direct the applicant to deposit the amount of royalty determined by Copyright Board in the public account of the Central Govt., so that if at any time the owner is traced, he can claim the royalty.

 Licence to produce the public translations Any person may apply for license to produce and publish public translations of a literary or dramatic work in any language after 7years from the first publication of the work. License to translate foreign work may be applied after 3years from its publication if translation is required for teaching, research or scholarship. Application to be made in such form as prescribed deposit of fees with the Registrar of Copyrights as may be prescribed. Copyright Board can grant non-exclusive right on terms and conditions and payment of royalty as it deems fit. Termination of licence License can be terminated by the Copyright Board, after giving 3months notice, if the owner publishes a translation in the same language at a reasonable price and of the same standard. Copy of licensed work produced and published before termination may continue to be sold/distributed until stock-out.

COPYRIGHT SOCIETIES
y No person or association can carry on the business of issuing of

granting license in any work in which copyright subsists unless a copyright society is registered by central government. y Owner can also have right to grant licenses in respect of his own works consistent with his obligations as a member of registered copyright society(sec 33) y a copyright society may accept from an owner of rights exclusive authorization to administer any right in any work by issue of licenses or collection of license fees. y Owner of rights shall have the right to withdraw such authorization without prejudice to the rights of the copyright society under any contract.

Payment of Remuneration by Copyright Society

Copyright society may frame a scheme for determining the quantum of remuneration payable to individual copyright owners having regard to the number of copies of work in circulation [sec 34(A) ].

Control over Copyright Society

Copyright society shall : y Obtain the approval of owners of rights for its procedures of collection & distribution of fees. y Obtain their approval for utilization of any amounts collected as fees for any purpose other than distribution to the owners of rights y Provide to such owners regular, full & detailed information concerning all its activities, in relation to the administration of their rights(sec 35).

Submission of Returns & Reports

Every copyright society shall submit to the registrar of copyrights such returns as may be prescribed. Any officer duly authorized by the central government may call for any report & also call for any records of any copyright society for the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilized or distributed in accordance with the provision of this act(sec 36).

Rights of Broadcasting Organization & of Performers.

Every broadcasting organization shall have a special right (broadcast reproduction right). The broadcast reproduction right shall subsist until 25 years from the beginning of the calendar year next following the year in which the broadcast is made(sec 37). Where any performer appears or engages in any performance, he shall have a special right to be known as performer s right subsist for 50 years from the beginning of the calendar year next following the year in which the performance is made(sec 38).

International Copyright
y The central government, by order, direct that all or any provisions of

this act shall apply to work published or unpublished outside India or work of a foreign author who has died. Such protection can be made only in respect of countries which grant similar protection to works made in India. The order may provide that the provision of this Act shall apply either generally or in relation to such classes or cases as may be specified in the order(sec 40). y This right conferred as foreign author can be restricted by the central government any time if it is found that a foreign country in which the author is domiciled or citizen, is not giving adequate protection to works of Indian authors(sec 42). y The central Government can declare some international organizations as eligible to hold copyrights. Such international organizations can hold copyrights in respect of work done under their control or control by their employees or by an author who has given copyrights to such international organization(sec41).

Registration of Copyrights
y Registration with Registrar of Copyrights. y Registration is optional. (Register sec 44) y Register of copyrights. y Application in the prescribed form and fee. y Copyright index. y Entries are rectifiable.

Infringement of Copyright
y Copyright in a work is deemed to be infringed:a) when any person, without a license granted by the owner of the copyright or Registrar of Copyrights:- does anything, which is conferred upon the owner of the copyright - permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work b) When any person:- Makes for sale or hire - Distributes for the purpose of trade or to affect prejudicially the owner of the copyright. - Trade exhibits in public. - Imports into India any Infringing copies of the work . y It is not applicable to the import of one copy for the Private and Domestic use of the importer.

Acts Not Infringement on Copyright

y Fair dealing with literary, dramatic, musical or artistic work for: y

y y y

- private use, research. - Reporting current events. Reproduction of work:- For the Judicial proceeding and purpose and making a report of it. - Work prepared by Secretariat of a Legislature exclusively for its members. - Certified copy made in accordance with any law. - By a teacher or a pupil in the course of instruction or as part of question answer in examination. The making of not more than three copies of a book in a public library for the use of library if such book is not available for sale in India. The making or publishing of a painting, drawing, engraving or photograph of a work of architecture. The inclusion in a cinematograph film of:- Any artistic work permanently situated in a public place or any premises accessible to public. - Any other artistic work, if such inclusion is only by the way of background or is otherwise incidental to the principal matters represented in the film.

Remedies, Offences And Appeals

Civil Remedies
y Owner entitled to civil remedies by way of Injunction, Damages and Accounts. y Whether Defendant succeed in proving or not (Section55). y Author s Special Rights such as:- ( Section-57) - To claim authority of work. - To restrain or claim damages in respect of any distortion, mutilation, etc. y Owner can take the possession of all infringing copies and plates (Section-58). y District Court Jurisdiction (Section-62).

Offences
y Penalty in case of First Case (Section-63) y Penalty in case of Second and Subsequent Conviction y y y y

(Section-63 A) Knowingly using Infringing Copy of Computer Program (Section-63 B) Possession of Plates for Purposes of Making Infringing Copies (Section-65) Penalty for Making False Statements (Section-68) Cognizance of Offence (Section-70)

Appeals
y Appeal to the Higher Appellate Court (Section-71) y Appeal to the Copyright Board. y Appeal to the High Court (Section-72)

Summary
y Copyright is an exclusive right to reproduce or

authorize another person to reproduce artistic, dramatic, literary or musical works under the Copyright Act. y The Act protects the application of skill and labor in giving an idea or theme in some material form. y The owner of the copyright may assign to any person the copyright either wholly or partially and generally or subject to limitations and either for the whole term of the copyright or any part thereof.

THANK YOU !!!