Documente Academic
Documente Profesional
Documente Cultură
COPYRIGHT
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time Copyrights- Form of expression of ideas, negative right, fixed form Caselet: King Feature Syndicate Inc. v Sunil Agnihotri
COPYRIGHT
It is the exclusive rights to do or authorise the doing of any of the following acts in respect of a work :
Computer programme
1. to 4.
COPYRIGHT
The exclusive rights to do or authorise the doing of any of the following acts in respect of a work :
Cinematograph Film
Sound Recording
1. copy of film or photograph an image from film 2. to sell/offer to sell/hire any copy of film
1. make any other sound recording embodying it 2. to sell/offer to sell/hire any copy of sound recording
COPYLEFT
A form of licensing Permission to reproduce, adapt or distribute it. Require that any resulting copies or adaptations are also bound by the same licensing agreement. Examples: GNU General Public License LINUX CopyLeft in the music Industry Girl Talk
TYPES OF COPYLEFT
Strong Copyleft: efficiently imposed on all kinds of derived works Weak Copyleft the copyleft effect is voluntarily limited to some parts of the code Share-alike Copyleft: Imposes the requirement that any freedom granted regarding the original work must be granted on exactly the same or compatible terms in any derived work.
TRIPS
TRIPS
The most comprehensive multilateral agreement on intellectual property. Came in force on 1st January 1995. Divided in to seven parts and consists of 73 articles. Objectives to promote effective and adequate protection of intellectual property rights to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade
WIPO
International organization . Helps in protecting rights of creators and owners.
OWNERSHIP OF COPYRIGHT
As per the Indian Copyrights Act 1957 Author is the first owner provided that In case of publication of a literary, dramatic or artistic the said proprietor Photograph, painting, cinematography film- the person who gives valuable consideration caselett: Eastern India Motion Pictures(EIMP) v Indian Performing Rights Society (IPRS) Work made under employment- the employer caselett: Midas Hygiene Industries v Sudhir Bhatia and others
Rights Protected
As per TRIPS
Rights
The rights owner can prohibit or authorize: I. Reproduction of work
II.
III. IV.
Distribution of copies
Public performance Broadcasting
V.
VI.
Translation
adaption
Basic right - To prevent others from making copies of owners works Importance of the right to control the act of reproduction The right of distribution usually terminates a upon first sale or transfer of original copy
RENTAL RIGHTS
As per TRIPS and Indian Copright Act 1957 The right to authorize or prohibit the commercial rental of originals or copies of their copyright works (Computer programs and cinematographic works) As per TRIPS This obligation does not apply to rentals where the program itself is not the essential object of the rental-in case of computer programs Cinematographic work is exempted from the exclusive right of reproduction unless it is harming the author
Translation Rights
It means the expression of a work in language other than that of the original version.
Adaptation Rights
It is generally understood as the modification of a work to create another work.
As per Indian Copyrights Act 1957 The acts of translating or adopting a work protected by copyright also require authorization from the rights owner.
Licences
As per Indian Copyrights act 1957 Licence to produce and publish translations. Any person may apply for a license after a period of seven years from the first publication of the work. Licences by owners of copyright. The owner or the prospective owner of the copyright may grant any interest in the right by license in writing signed by him
As per TRIPS agreement and Indian Copyrights Act 1957 Computer Programs and Compilations of Data Computer programs shall be protected as literary works Compilations of data or other material, whether in machine readable or other form shall be protected
Term of copyright
Duration Of Copyright
As per TRIPS The term of protection of a work, other than a photographic work or a work of applied art is 50 years As per Indian Copyrights Act 1957 Term Of Copyright :
Work Literary dramatic, musical and artistic works (other than a photograph) Photographs Cinematograph films Sound records
Duration 60 years
60 years
Infringement
Infringement
Conditions for Infringement: Does anything to the exclusive rights Sale or hire any copyrighted copies of work
CASE STUDY
Allegations
Contractual Liabilities Chetan Bhagats contention that VVC Productions, had adapted the content of his novel to an extent far greater, and in a manner far more direct, Moral Right Inadequacy of credits acknowledged to the Author by way of the said Agreement
Conclusion
The author in this controversy was not entitled to any rights regarding audio-visual adaptations of the movie because he contracted them away
CONCLUSION
CONCLUSION
India is a large country with underdeveloped markets, where violation of copyrights easily takes place Vast majority of India's population lives in rural areas where people are generally less aware about copyright matters Police lacks the required knowledge on copyright and cannot even distinguish the pirated products from the legal ones NASSCOM and IMI educate people, co-operate with the enforcement authorities and arrange training for the police
RECOMMENDATION
RECOMMENDATION
Copyright industry associations should launch an extensive campaign through print and electronic media highlighting the adversities associated with the piracy Police needs to be imparted proper training in copyright fields Software copyright holders should come up with low priced editions of their software's rather than 'one software-one PC' system, which increases copyright violation A separate copyright cell in each state should be formed having an anti-piracy hotline Copyright law enforcement machinery must succeed in securing exemplary punishment to the key player who are guilty of serious violations
THANK YOU