COPYRIGHT

AN INTELLCTUAL PROPERTY RIGHT

What is copyright
DEFINITION

 Exclusive right given by law for a certain term of years to an

author, composer etc.(or his assignee) to print, to publish and to sell copies of his original work.

Copyright Law that gives you ownership over the things you create.

Introduction to copyright act

The Copyright Act, 1957 - January 1958. Amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999, with the amendment of 1994 being the most substantial. Prior to the Act of 1957, the Law of Copyrights in the country was governed by the Copyright Act of 1914. This Act was essentially the extension of the British Copyright Act, 1911 to India.

Importance of copyright act

y Right to reproduce the work. y Right to prepare derivative works. y Right to distribute copies for sale. y Right to perform AV works publicly. y Right to display musical and artistic works publicly

Patent v/s copyright v/s trademark

y A copyright is protection for a "creative work" - a painting, book,

photo, piece of music etc. It prohibits anyone but the holder from publishing or distributing it without his consent.
y A trademark is a symbol used as a sign or logo under which a

company does business. When registered, no other business can use it. (McDonald's "Golden Arches", for example, are a registered trademark)
y A patent protects your rights in an invention - a new mousetrap

for example. Once you have obtained a patent, no-one can make something you invented without your permission.

AUTHORSHIP AND OWNERSHIP

Work and Indian work

WORK
Literary/Dramatic Musical/Artistic Cinematograph Film Sound Recording

INDIAN WORK
Literary/Dramatic Musical Work (The author of which is a citizen of India) (or which is first published in India) (or the author of which, in case of unpublished work is, at the time of making of the work, a citizen of India

literary

Artistic

Sound recording

Cinematograph films

photograph

Work

International organization work

Government work

Public undertaking

posthumous

Pseudonymous and Anonymous

Works that are not copyrightable

y Copyright protects the expression of an idea or vision, not the idea

itself. Ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries are not within the scope of copyright protection.
y Other works that are not copyrightable are words and short phrases,

including slogans; blank forms for recording information (such as bank checks).
y Some works are not copyrightable because they are not fixed in a

tangible medium. These include unrecorded dance choreography, and unrecorded speeches, lectures, and other vocal performances. Although typefaces are tangible, they traditionally have been regarded as lying outside of copyright protection. A dramatic character is not copyrightable.

Artistic work
Painting

Artistic craftsmanship

Sculpture

Artistic work
Architecture Drawing

Photograph

Government work
y Work made or published under direction of:-

y Government or any department of government y Any legislature in India y Any court, tribunal or other judicial authority in India

Musical work and sound recording

y MUSICAL WORK
y Consists of music y Graphical notation of such

y SOUND RECORDING

work y Does not include any word or action y Not written down to enjoy copyright protection.

Recording of sounds y Sounds produced regardless of medium y E.g.- Phonogram and CDROM
y

Artistic

Cinematograph films

Sound recording

literary

DIFFERENT RIGHTS

Rights of a performer.
Meaning
In relation to Performers rights(visual/acoustic) presentation made live by performers.

Rights of a performer?

 Sound/Visual recording of the performance  Reproduce the recording(sound/visual) of the performance  Broadcast of the performance  Communicate performance to the public, otherwise than by broadcasting.

Rights of a broadcasting organization

Meaning
Communication to the public: wireless diffusion, whether sounds or visual images; or

Rights y Re-broadcast the broadcast; y Cause the broadcast to be heard or seen by the public on payment of any particular charges; y Make any sound recording or visual recording of the broadcast

by wire.

Rights in a musical sound recording

y Many right holders

Eg- the lyricist, the composer , the singer , the musician (s) , the person or company who produced the sound recording It is necessary to obtain the licenses from each and every right owner in the sound recording.

What Copyright Protects

y Original Literary, Dramatic, Musical and Artistic

Works y Cinematograph Films y Sound Recordings

Literary Works
y Novels, poems, short stories y Books on any subject y Computer programmes,

tables, computer databases y Song lyrics

Computer Software
Includes y Programme Manuals y Punched Cards y Magnetic Tapes/Discs y Computer printouts y Computer programmes

Registration of copyright

Procedure for registration

Comes into existence as soon as work is created and no formality required for completion of copyright Facilities registered in the Register of Copyright maintained in Copyright Office(Department of Education) Entries made in the Register serve as primafacie evidence in the court of law

Copyright Office set up to provide registration facilities to all types of work

Guidelines
y Application for registration is to be made on Form IV ( Including

Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ; y Separate applications should be made for registration of each work; y Each application to be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and the applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. y The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Duration of copyright
Literary dramatic, musical and artistic works (other than a photograph) sixty years from the beginning of the calendar year next following the year in which the author dies.

Anonymous and pseudonymous works Posthumous work Photographs Cinematograph films Sound records Government work Public undertakings work International organizations work

sixty years from the beginning of the calendar year next following the year in which the work is first published.

Use of whole or part of an image without permission;

asking another photographer to recreate the image.

use beyond the scope of a license;

adapting an image without permission

Statutory Definition
Copyright Act 1957, s. 51
y Infringement: exercising rights of the copyright

owner
y Making, distributing, exhibiting and importing

infringing copies of the work

What constitutes Infringement?

y Any reproduction, use , distribution, performance,

etc. of the work without the permission of the copyright owner. y An identical or substantial similar reproduction is also covered y Infringement Damages - Injunction

Factors Determining Infringement

Copying Causal Connection Subconscious Copying Indirect Copying Substantial Taking Unaltered copying Extent of defendants alteration Character of Plaintiffs and Defendants works Nature and Extent of Plaintiffs Effort

General Principles
R.C Anand v Delux Films (1) No copyright in an idea. Violation of copyright confined to form, manner and arrangement, as well as expression of idea by the author (2) Where same idea developed in different manner, similarities happen. Court to rule on whether similarities are merely substantial or fundamental

General Principles (2)

(3) Safest Test: Does the reader/ spectator/viewer have the opinion/get the unshakeable impression that the second work is a copy of the original? (the viewer test) Same theme, different presentation

(4)

Completely new work, no infringement

General Principles (3)

(5) Where there are only incidental similarities, there is no copyright infringement Copyright infringement = piracy it must be clearly proven Very difficult to prove violation of copyright of stage play by a film producer: the viewer test is applicable

(6)

(7)

Remedies

Remedies for Copyright Infringement

Civil

Criminal

Administrative

Civil Remedies

Civil Remedies Injunction Damages Accounts Costs

Civil Remedies (2)

Injunction Only effective remedy Court has to weigh the damage to the plaintiff if the injunction is not granted, as opposed to the damage to the defendant if it is Interlocutory injunction is the preferred method for preventing infringement, sometimes an ex parte injunction

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200,000 INR

Criminal Remedies
y Copyright Act 1957, s.64 empowers the Police

(any officer not below the rank of subinspector) to seize infringing copies without warrant y Police Raids (Power of search, seizure & arrest without a warrant) y Fines (min. 50,000-200,000 INR) y Imprisonment (6 months to 3 years)

CASE STUDIES

Music Piracy
y The best example of Music Piracy is downloading music

from the internet.

y Using the internet to distribute copyright music, giving away

illegal copies of discs to others for them to copy is illegal and does not do justice to the hard work put in by the music artist ,the directors, producers etc.

Krazzy 4 Copyright issue

y Ram Sampath V/s Rakesh Roshan y 60 minute jingle for Sony Ericson was copied without paying

royalty to the producer Mr. Ram Sampath.

y Court order to either pay fine of 2 crore or remove the songs

from the movie.

Bappi Lahiri V/s US album

y Bappi Lahiri filed a case against a U.S album by Truth Hurts,

called Addicted for lifting 4 minutes of his song Thoda Resham Lagta Hai.
y Dr.Dre their music producer ,remixed the song for them

without seeking permission and giving credit to Lahiri.

Babara Bradford V/s Sahara Media

y Barbara claimed that the serial ,Karishma- A

miracle Of Destiny was based on the book, Women of Substance, which was the story of a girl from rags to riches.
y The court stated that there can be no copyright of

an idea and what really matters is an expression of the idea.

3 Idiots Copyright issue

y Vidhu Chopra that 3 Idiots had only 2 to 5% content from

the book by Chetan Bhagat, 5 Point Someone.

y Readers claim that almost the entire movie is based on the

book, the characters , the theme ,the message, everything is based on the book.

y Chetan Bagat got his said consideration of 11 lakh rupees

,however his issue was that his name was not visible in the credits.
y The firms Scriptwriter, Abhijit was given more credit and

his name appeared at the starting of the movie.

y Just hope that the matter settles peacefully before the anger

and accusations get worse.

Nina Paley and Copyright

y 3 years down the drain if cartoonist and writer, Nina Paley

gives in to the court.

y Pay a fine of 50,000$if she wants to copy 1920smusic for her

film, Sita Sings The Blues.

To Summarize
y Copyright one of the most important policy issues of our

day, both in terms of national and institutional policy.

y Higher education should champion the issue in order to

maintain its missions and preserve its institutional autonomy nationally and abroad and to provide a beacon to the world on how to balance private property, open markets, availability of information and the free flow of ideas.