Download - Copyrights Bel
-
8/3/2019 Copyrights Bel
1/42
COPYRIGHTSThe Copyrights Act, 1957
-
8/3/2019 Copyrights Bel
2/42
Meaning of Copyright? Word copy means transcript, limitation,
reproduction of an original writing, paintinginstrument or the like.
Copyright is the right in literacy property asrecognized and sanctioned by positive law.
Copyright is an exclusive right given by law
for a certain term of years to an author,composer etc. to print, publish and sell copiesof his original work.
-
8/3/2019 Copyrights Bel
3/42
Characteristics of Copyright Creation of a statute
Some form of intellectual property
Monopoly right
Negative right
Multiple rights
Copyright only in form not in idea
Neighbouring rights.
-
8/3/2019 Copyrights Bel
4/42
Requirement of copyright The author must have bestowed upon the work
sufficient judgement skill and labour or capital.
It is immaterial whether the work is wise or foolish,accurate or inaccurate, or whether it has or has not
any literary merit.
The owner of a copyright has no monopoly in the
subject matter. There is no provision of original in copyright act.
-
8/3/2019 Copyrights Bel
5/42
Works in which copyright subsists Original literary, dramatic, musical
and artistic works
Cinematograph firms
Sound recordings.
-
8/3/2019 Copyrights Bel
6/42
Literary work includes computer programmes,tables, compilations including computerdatabases .
Dramatic work includes any piece forrecitation, choreographic work orentertainment in a dumb show, the scenic
arrangement or acting form of which is fixedin writing or otherwise but does not includecinematograph film.
-
8/3/2019 Copyrights Bel
7/42
Artistic work means a painting, a sculpture, adrawing, an engraving or a photograph.
Cinematograph film means any work of usualrecording on any medium produced through aprocess from which a moving image may beproduced by any means
A sound recording construed as including anywork produced by any process analogous tocinematography including video films.
-
8/3/2019 Copyrights Bel
8/42
Adaptation of Literary Work1. Abridgement of Literary Work
2. Translation
3. Report of Judicial Proceedings4. Head notes of Law Reports
5. Historical Works
6. Lectures7. Letters
8. Titles of books, cartoons or other Literary matter
-
8/3/2019 Copyrights Bel
9/42
9. Shorthand writers transcripts
10. Questionnaire for collecting statistical
information11. Catalogues
12. Dictionaries
13. Compilations, directories, who is who
14. New editions of existing work
Adaptation of Literary Work
-
8/3/2019 Copyrights Bel
10/42
15. Collective work
16. Computer programme
17. Television programmes18. Pocket diaries, Calendars
19. Tambola ticket books
20. Single word21. Code words for cabling purposes
22. Question papers set for examination
Adaptation of Literary Work
-
8/3/2019 Copyrights Bel
11/42
23. Research thesis and dissertation
24. Parodies
25. News and newspaper prcis.
Adaptation of Literary Work
-
8/3/2019 Copyrights Bel
12/42
Term of copyright
For any literary, dramatic, musical or artistic
work published within the lifetime of the
author until 60 years from the beginning ofthe calendar year next following the year in
which the author dies.
Copyright for a cinematograph film: 60 yearsfrom the date of release.
-
8/3/2019 Copyrights Bel
13/42
Licences
Licence by owners of copyright
Compulsory licence in works withheld from public:
(a) Owner has refused to republish or allow therepublication of the work or has refused to allowthe performance in public
(b) Has refused to allow communication to the publicby broadcast of such work or in the case of a soundrecording the work recorded in such soundrecording, on terms which the complainantconsiders reasonable.
-
8/3/2019 Copyrights Bel
14/42
Compulsory Licence in unpublished
Indian works.
Where in the case of an Indian work, the author is
dead or unknown or cannot be traced or the owner of
the copyright in such work cannot be found.
Licence to produce and publish translation
Any person may apply to the copyright board for a
licence to produce and publish a translation of
literary or dramatic work in any language after aperiod of 7 years for the first publication of work.
-
8/3/2019 Copyrights Bel
15/42
Copyright Societies
Registration of a copyright society
Administration of rights of owner by
copyright society Payment of remuneration by copyrights
society
Control over the copyright society by theowner of rights.
-
8/3/2019 Copyrights Bel
16/42
Rights of Broadcasting
Organisation and of Performers Broadcasting reproduction rights
Performers right
-
8/3/2019 Copyrights Bel
17/42
Broadcasting reproduction rightsInfringement of Broadcasters rights
Re-broadcast the broadcast
Causes the broadcast to be heard or seen by the
public on payment of any charges Makes any sound recording or visual recording of
the broadcast
Makes any reproduction of such initial recording or
visual recording where such initial recording wasdone without licence
Sells or hires to the public, or offers for such sale orhire, any such sound recording or visual recording.
-
8/3/2019 Copyrights Bel
18/42
Performers rights
Infringement of performers rights
Makes a sound recording or visual recording
of the performance. Reproduces a sound recording or visual
recording of the performance which was made
without the performers consent.
-
8/3/2019 Copyrights Bel
19/42
Act not constituting infringement of a performers rights:
(a) The making of any sound recording of or visual recording
for private use of the person making such recording orsociety for the purpose of bonafide teaching or research, or
(b) Fair dealing of excerpts of a performance in the reporting ofcurrent events, for a bonafide review teaching or research
(c) Other acts with any necessary adaptations and modificationswhich do not constitute infringement of copyright
-
8/3/2019 Copyrights Bel
20/42
Infringement of copyrights
-
8/3/2019 Copyrights Bel
21/42
Infringement in literary, dramatic and
musical works
To reproduce the work in any material form
including the storing of it in any medium by
electronic means
To issue copies of the work to the public not being
copies already in circulation
To perform the work in public or communicate it to
the public To make any cinematograph film or sound recording
in respect of the work
-
8/3/2019 Copyrights Bel
22/42
To make any translation of the work
To make any adaptation of the work
To do in relation to a translation or adaptation of thework, any thing above
To permit for profit any place to be used forcommunication of the work, where suchcommunication amounts to be an infringement
To make infringing copies of he work for sale or forhire or letting for hire or display or offers for sale orhire.
Infringement in literary, dramatic and
musical works
-
8/3/2019 Copyrights Bel
23/42
To distribute infringing copies either for the purpose
of trade or to such an extent as to effect prejudicially
the owner of the copyright
To exhibit infringing copies by way of trade to the
public
To import into India infringing copies by way of
trade to the public In respect of a computer programme which is a form
of literary work.
Infringement in literary, dramatic and
musical works
-
8/3/2019 Copyrights Bel
24/42
Test of infringement
There must be sufficient objective similarity
between infringing work and the copyright
work or a substantial part The copyright work must be the source from
which infringing work is derived.
-
8/3/2019 Copyrights Bel
25/42
Provisions in respect of
infringement.(a) In literary work
(b) Musical work
(c) Artistic work(d) Cinematograph film
(e) Sound Recording.
-
8/3/2019 Copyrights Bel
26/42
Infringement in Certain Literary Works
Dictionaries, directories, school text books
and books on law and science
Historical work Commentaries on Acts, Law Books
Students guide prepared from text books
Other factual representations.
-
8/3/2019 Copyrights Bel
27/42
Infringement of Musical Work
Adaptation of a musical work is on infringement.
Remix versions of popular Hindi songs are not
infringement.
If all the bars of the musical note are copied, then it
would be infringement
Judges own inference
Expert evidence
Performance in public.
-
8/3/2019 Copyrights Bel
28/42
Infringement in Artistic Work To produce the work in any material form
To communicate the work to the publiccommunication of the work to public means
Communication through satellite or cable 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 an adaptation of the work To do in relation to an adaptation of work any
activities as stated above.
-
8/3/2019 Copyrights Bel
29/42
Infringement in case of Photograph
Drawings
Architectural drawings
Industrial drawings
-
8/3/2019 Copyrights Bel
30/42
Infringement of Cinematograph Film
Films on live events
Video films
Film based on other films
Cinematograph film on a stage play
Single frame (shot) from a film.
-
8/3/2019 Copyrights Bel
31/42
Infringement of sound recording.
Home taping of sound recording
Broadcasting agencies such as television and
Radio must obtain a licence for the purpose ofbroadcasting from the recording company.
-
8/3/2019 Copyrights Bel
32/42
Remedies against infringementCivil Remedies
Criminal Remedies
Administrative remedies
-
8/3/2019 Copyrights Bel
33/42
Kinds of civil remedies
Anton Pillar Order
Order allowing the plaintiff to enter in the
defendants premises and make inspection of
relevant documents and articles and take copies
thereof.
This order is passed when the court proceedings are
to take a long time. When the plaintiff makes fullest possible disclosure
of all material facts.
-
8/3/2019 Copyrights Bel
34/42
Kinds of civil remedies
Interlocutory injunctions
Granted when:
A prima facie case
Balance of convenience is in favour of plaintiff
The refusal to grant interlocutory injunction
would case irreparable injury to plaintiff
-
8/3/2019 Copyrights Bel
35/42
Refused when:
The interest of the plaintiff can be protected byordering defendant ot keep an account of profits
The defendant has pleaded and established bonafidefair dealing
The plaintiff has been guilty of undue delay incoming to the court
His conduct amounted to acquiescence in theinfringement
There is substantial doubt about the plaintiffs rightto succeed in the action.
-
8/3/2019 Copyrights Bel
36/42
Criminal Proceedings Against
Infringement.
Minimum period of imprisonment of six
months to a maximum period of three years.
Fine of Rs. 50,000/- to Rs. 2,00,000/-
-
8/3/2019 Copyrights Bel
37/42
Procedure for registration
-
8/3/2019 Copyrights Bel
38/42
Steps for registration The person applying for a copyright has to give
notice of his application to every person who claimsor has an interest in the subject matter of copyright
If no objection to such registration is received byregistrar within 30 days, he shall enter the particularsin the register of copyrights
If objection is received, he shall raise inquiry and doas he deems fit.
The registrar of copyrights shall as soon, as may besent wherever practicable a copy of the entries madein the register to the parties concered.
-
8/3/2019 Copyrights Bel
39/42
Regulatory Authorities in
Copyright Act.Registrar of Copyrights
The copyrights Board.
-
8/3/2019 Copyrights Bel
40/42
Functions of the Copyright Board
The copyright Board is to decide whether a work hasbeen published on the date on which the work waspublished for the purpose of determining the term of
copyright To decide whether the term of copyright for any
work is shorter in any other country
To settle disputes arising out of assignment of
copyright To consider the grant of compulsory licences to
publish the unpublished works.
-
8/3/2019 Copyrights Bel
41/42
To consider the grant of compulsory licences inrespect of Indian works withheld from public
To consider the grant of compulsory licences to
produce and publish translation of literary anddramatic works
To consider the grant of compulsory licences topublish certain scientific or artistic works
To consider the rectification of the register on theapplication of any aggrieved person or the registrarof copyrights.
Functions of the Copyright Board
-
8/3/2019 Copyrights Bel
42/42
COPYRIGHTSThe Copyrights Act, 1957