319507 copyright act

8/8/2019 319507 Copyright Act

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DEFINETION

Copyright is the set of exclusive rightsgranted to the author or creator of an

original work, including the right tocopy, distribute and adapt the work.These rights can be licensed,transferred and/or assigned.


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Copyright Act 1957Duration

y Lasts for 60 years.

y In case of literary, dramatic, musical and artistic workthe period starts from the death of the author

y For the other works the 60 year period lasts from thedate of the publication.


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HISTORY OF ACT

y Extension of the British Copyright Act, 1914.

y Berne Convention 1886[for the Protection ofLiteraryand Artistic Works]

y Universal Copyright Convention of 1951,y Indian copyright Act 1957

. Agreement on Trade Related Aspects of IntellectualProperty Rights Agreement of 1995

y Right given to creators of literary, dramatic, musicaland artistic work and producers of cinematographfilms.


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Copyright Act 1957

y Copyright Work examples:-

yArtistic Work

y Musical Work

y Sound Recording

y Cinematograph Film

y Government Work

y Indian Work


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Copyright Act 1957y Literary or dramatic work Creator

y Musical Work Composer

y Cinematograph Film Producer

y Sound Recording Producer

y Photograph Photographer

y Computer generated work Creator

y Government Work - Government


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Copyright Act 1957Registration

Application for registration is to be made on Form IV

Separate applications should be made for registration ofeach work;

Pay the prescribed fees

The applicant or the advocate in whose favor a Power ofAttorney has been executed should sign the applications.


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Copyright Board

y Quasi-judicial body

y Consists of

y Chairman

y 2 to 14 other members


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Copyright Societiesy Copyright owners from the same class form such a

society.

y Seven members.

yKeep track of all the copyrights and collect dueroyalties from the users of those works.


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Copyright Societies

Functions

Issue licenses in respect of the rights administered

by the society.

Collect fees in pursuance of such licenses.

Distribute such fees among owners of copyrightafter making deductions for the administrative

expenses.


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Case analysisCase analysis

KarishmaKarishma -- The MiraclesThe Miracles

of Destiny (Sahara)of Destiny (Sahara)v/sv/s

Barbara Taylor BradfordBarbara Taylor Bradford


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Barbara Taylor BradfordBarbara Taylor Bradford

allegations:allegations: Incidents/situations in the serial were liftedIncidents/situations in the serial were lifted

directly from her novel directly from her novel A Woman ofA Woman of

SubstanceSubstance..

She said Changes made in the plot of serialShe said Changes made in the plot of serialwere insignificant.were insignificant.

Did not give authority to Sahara to make aDid not give authority to Sahara to make aserial on her workserial on her work


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Sahara Channel in defense:Sahara Channel in defense:

Story based on the original workStory based on the original work((AparajitaAparajita) of Hindi film story writer,) of Hindi film story writer,Sachin BhowmickSachin Bhowmick

Substantial and Material differencesSubstantial and Material differences


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Bradford LOSTBradford LOST

Suppression of material facts.Suppression of material facts.

Fine line between ideas and expressions ofFine line between ideas and expressions ofideas.ideas.

Damages of approximatelyDamages of approximately US$30,000US$30,000

(later waived off).(later waived off).


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DAN BROWN

MICHAEL

BAIGENT

RICHARD

LEIGH

V/S


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INTRODUCTION

The Holy Blood and

the Holy Grail:

1982

Non Fiction Book

Random House

Publication

The Da Vinci Code:

2003

Random House

Publication

Best Book Award

Sold 40m copies

Common Fact:

Both books dealt with the historical facts and stories of Jesus

and Mary that Jesus survived crucification.


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THE ALLEGATIONS

Dan Brown copied ideas from HBHG.

Random House published the Da Vinci Code

knowing the Contents were related to The Holy

Blood and the Holy Grail. Creating an

infringement of Copyright.


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THE DEFENCE

Dan Brown Denied the allegations.

His ideas were original.

Copyright does not protect ideas or concepts

Copyright law prohibits cut and paste.


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THE VERDICT

Justice Peter Smith rejected claims against DanBrown.

Claim for Copyright infringement failed anddismissed.

85% of Random House legal cost were slappedagainst HBHG authors.

Interim payment of 3,50,000.

Dan Brown Wins.

Mega selling author Dan BrownMega selling author Dan Brown did not steal ideasfor Da Vinci Codefor Da Vinci Code


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Software Copyrights

y IPR of computer software is protected underthe provisions ofIndian Copyright Act 1957

y It is illegal to make or distribute copies ofcopyrighted software without proper orspecific authorization.

y Heavy punishments and fines

yEx:Indian case- Bangalore case of 3engineers

y Ex:International case - Apple ComputerIncv/s Microsoft.


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Original

OriginalPirated

Pirated

OR


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Piracy Rates And Amount OfLosses in 1996

y Country Revenue Pirated(US $ 000) Piracy Rates (%)

y Japan 1,190,323 41

y United States 2,360,934 27

yFrance 411,966 44

y Italy 340,784 55

y U.K. 337,344 34

y Germany 497,950 36

y China 703,839 96

y India 151,300 60

Source: The Software Industry in India 1997-98, NASSCOM


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Watch this print ad

Microsoft has an anti-piracy team

called Keep It Real (CRN, 20

February 2006), which travels

around the UK educatingbusinesses in software piracy.


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Malaysia


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India


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Case analysis

Rekha Modi

v/s

Zee Star


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Facts of the casey ZEE Network filed a case against Star TV for

copyright infringement of title and theme of the show,Betiyaan.

y Star dismissed Zee's charges.

y HC refused to stay on the serial "Betiyan Ghar KiLaxmi", aired on Zee Television Filed by RekhaModi.

y Case resolved through an out-of-court settlement.


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Conclusion

Protecting, recognising, and encouraging the labour, skill

and capital of another is the object of copyright

319507 copyright act

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