By

Snehal Narvenkar(EMBA, Legal aspects of business 3rd Assignment)

Agenda

• What is intellectual property?• What is Copyright?• What Can Be Copyrighted?• How Long Does Copyright Last?• What is Fair Use?• Violation of copyright• Cases of Copyright in the News

Intellectual Property

What is Intellectual Property

•Not ‘real’ property•Gives the creator/owner•Exclusive economic rights•To exploit – do certain things – •In relation to the (creative) work•For a limited time

Intellectual Property

What is Intellectual Property – Categories

DesignsVisual appearance or design of manufactured article (shape, pattern, ornamentation)Designs Act 2003

PatentsNew invention as a ‘manner of manufacture’ that is novel and inventivePatents Act 1990

Trade MarksA sign (letter, word, name, signature, brand, label etc.) used to distinguish goods or services dealt with in the course of trade by a person from goods or services so dealt with or provided by any other person. Trade Marks Act 1995

Copyright

What is Copyright?

• Copyright allows authors, musicians, artists, etc. to make money off of their labor. It prevents others from taking there work for free. It also prevents people from altering the work without permission.

If There is No Copyright…

• The main motive for creative endeavors (money) disappears. If authors can’t make a living writing, most will not write. If a record company can’t profit from a band, they will sign fewer bands and cut loose the money losers.

• If copyright exists but can’t be enforced, the above still happens eventually. The end result is less creative content and hard to pirate distribution methods become preferred like print and closed databases.

What Copyright Protects?

• Original Literary, Dramatic, Musical and Artistic Works

• Cinematograph Films• Sound Recordings

Literary Works

• Novels, poems, short stories• Books on any subject• Computer programmes,

tables, computer databases

• Song lyrics

Computer Software

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

Presentation of work is Important

Copyright in India

• 1957 Act: adopted many English provisions, introduced new ideas and concepts.

• Valid from January 1958• Created copyright offices and copyright board• Introduced civil and criminal remedies against infringement

Law is applicable in India

• The work is first published in India• The work is first published outside India, but author is

citizen of India• In case of an architectural work of art, the work is

located in India.

What Does Copyright Give Rights Holders?

• Right to prohibit copy of work

• Right to reproduce the work.• Right to prepare derivative

works.• Right to distribute copies for

sale.• Right to perform AV works

publicly.• Right to display musical and

artistic works publicly.

How Long Does Copyright Last

• In case of literary, dramatic, music or art a copyright last for life plus 60 yrs.

• Incase of dramatic, musical or artistic work which is anonymous or pseudonymous the right is for 60 yrs. from date of publication

• For photographs and films it is 60 yrs. from date of publication

Registration of copyright

• A person becomes owner as soon as a creative work is produced.• Registration is useful in case of infringement of copyright• A certificate of registration is important as an evidence• For registration, registrar office of copyrights are created• Register of copyrights is maintained in copyright office• Six parts of registerI. Part I - literary work, dramatic workII. Part II – Musical worksIII. Part III – Artistic worksIV. Part IV – Cinematograph filmsV. Part V – Sound recordingsVI. Part VI – computer programs, computer databases

What is Fair Use?

1. Use of literary, dramatic, musical or artistic work for private use, research, criticism or review

2. Use of work for the purpose of reporting current events in a newspaper, magazine, periodical etc.

3. Publication of short passages of literary, dramatic, musical or artistic work for educational purpose

4. Reproduction of work by teachers in the course of instruction

5. Making 3 copies of a book for public library, if such book is not available for sale in India

6. Copy of a computer program by lawful possessor for using it

7. Making of a copy to protect against loss of original

8. Copy for non-commercial or personal use

Infringement

• Anyone who violates any of the exclusive rights of the copyright owner without authorization is liable as an infringer of copyright

• Anyone who supports infringement, for profit share also violates the Act

• The act provides civil as well as criminal liability

• The violator is punishable with imprisonment for a period of 6 months – 3 yrs. Fine charges from 50k to 3 lacs

• CasePhotographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. Internationally, renowned artist Jeff Koons in the process of creating an exhibit on the banality of everyday items, ran across Rodgers’ photograph and used it to create a set of statues based on the image. Koons sold several of these structures, making a significant profit. Upon discovering the copy, Rodgers sued Koons for copyright. Koons responded by claiming fair use by parody.

Rogers vs. Koons

• Outcome• The court found the similarities between the 2 images too close, and that

a “typical person” would be able to recognize the copy. Koon’s defense was rejected under the argument that he could have used a more generic source to make the same statement — without copying Roger’s work. Koons was forced to pay a monetary settlement to Rodgers.

• Significance• This is one of those famous cases that encompassed a larger issue in the

art world, the issue of appropriation art. Can you build upon another’s work to create your own original piece? And if you do so, does that constitute derivative work? It also brought up the issue of photography as art, was photography just a documentation of the world, or is it a creative and artistic product? Neither of these issues was entirely answered by the case, of course, but it has also become a reference used in many cases afterward.

• You can parallel this with vector-tracing a photograph for your design. Are you creating a derivative work that subtracts value from the original artist?

Thank you