Sunteți pe pagina 1din 35


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

Adaptation- Modification of a work to create another work

Artistic work- Work of an artist

Author- Creator of the work Work- Artistic work

It is the exclusive rights to do or authorise the doing of any of the following acts in respect of a work :

Literary, dramatic, musical work or artistic Work

1. reproduce 2. perform or communicate work/ issue copies 3. make any cinematograph film or sound recording in respect of the work 4. make any translation or adaption of work

Computer programme

1. to 4.

5. to sell/offer to sell or give on commercial rental

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

3. communicate film to public

3. communicate sound recording to public

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

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.


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


International organization . Helps in protecting rights of creators and owners.

Offers services for the resolution of international commercial disputes

Encourages creativity, stimulates innovation and contributes to economic development while safeguarding the public interest


Books other writings Lectures, addresses, sermons

Dramatic or dramatico-musical works

Choreographic works and entertainments in dumb show Musical compositions with or without words Cinematographic works Works of drawing, painting, architecture, sculpture


Photographic works Translations, adaptations, arrangements of music

Collections of literary or artistic works

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

Moral rights and Economic rights

As per TRIPS

Moral rights- acknowledgment to the Author

Indian Copyrights Act 1957 Authors special rights- To claim authorship of the work; - To restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work As per TRIPS Economic rights- Financial reward

The rights owner can prohibit or authorize: I. Reproduction of work


Distribution of copies
Public performance Broadcasting



Caselet: Orrin Lynn Tolliver Jr v James Mccants


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


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 and Adaptation Rights

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.

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

Rights of public performance, broadcasting & communication to the public

Live performance Sound recording Cable transmission As per trips agreement Preventing the acts of : Performers- authorize/ unauthorize reproduction of live performance Broadcasting organization-reproduction, rebroadcasting, television broadcasts Term The rights will be protected for 50 years for Live performance and
Sound recording The rights will be protected for 20 years for broadcasts Casestudy: Rock n Roll in Bangladesh: Protecting IPRs in Music

Rights of public performance, broadcasting & communication to the public

As per Indian Copyrights Act 1957 Broadcast and Performers rights : To prevent: Broadcast to be seen heard publically for monetary benefits sound or visual recording of the broadcast/performance reproduction of sound or visual recording without license sells or hires sound or visual recording misuse of performers consent Term Valid for 25 years- Broadcast

Valid for 50 years- Performance

Caselett :Sony BMG Music Entertainment v. Joel Tenenbaum

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


Conditions for Infringement: Does anything to the exclusive rights Sale or hire any copyrighted copies of work

Distributes copyrighted copies of work for the purpose of trade

Imports into India any infringing copies of work Certain acts not to be infringement of copyright: Fair dealing of copyrighted works in Research Review /criticism Teaching Reporting news Judicial Purpose Recitation in public of any reasonable extract


Napster : A walking copyright infringement?

Legal Challenges Metallica filed a lawsuit against Napster for circulating his song in 2000. In 2000, A&M Records and several other recording companies, via the RIAA, sued Napster (A&M Records, Inc. v. Napster, Inc.) for contributory and vicarious copyright infringement under the US Digital Millennium Copyright Act (DMCA).The music industry made the following claims against Napster: That its users were directly infringing the plaintiffs' copyrights. That Napster was liable for contributory infringement of the plaintiffs' copyrights. That Napster was liable for vicarious infringement of the plaintiffs' copyrights. Verdict Napster lost the case in the Court


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

The author in this controversy was not entitled to any rights regarding audio-visual adaptations of the movie because he contracted them away


Lawsuit Random House , Publishers of The Da Vinci Code, were sued by Michael Baigent and Richard Leigh, two of the three authors of The Holy Blood and The Holy Grail which was published in 1982 for Copyright. Issues Copyright protects the expression of ideas, rather than the ideas themselves Even where Copyright does exist, it will only be infringed where a substantial part of a work has been taken Judgement Mr. Justice Peter Smith comprehensively dismissed the claim stating that ideas and facts are difficult to protect but the effort and time taken for the ideas and facts to present themselves can be protected.


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


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