BUSINESS & ENVIRONMENT LAWS

TOPIC: COPYRIGHT

GUIDED BY : DR.AMI PANDYA

PRESENTED BY: MAITRY SHAH

DISHA SALOT
Contents

 Definition & scope of copyright

 Rights of the owner
 Indian Copyright Act & Its perspective
 Assignment of copyright
 Infringement to Copyright
 Remedies for infringement
 Limitation to copyright
 summary
 What is Copyright ?
 the exclusive and assignable legal right, given to the
originator for a fixed number of years, to print, publish,
perform, film, or record literary, artistic, or musical material.
 a law that gives the owner the right to say how other people
can use it.
 easier for owner to make money.
 part of a group of laws about intellectual property .
 helps the owners to be protected from being re-copied
without permission
Scope of Copyright

What can be Protected ?

 literary or dramatic work

 a musical work
 an artistic work
 a cinematograph film
 a sound recording
 a photograph
 a computer generated work
Whose Rights are protected ?
 Copyright protects the right of Author, i.e. creator of
Intellectual Properties.
 the First Owner of Copyright.
 in course of employment, the employer is the first owner.

Why Copyright ?
 Rewards creative efforts
 Protects interest of the creator
 Protects corporate interest
 Criminalizing legitimate use
What are the rights of copyright
owner?
1. Literary, dramatic and musical works
 reproduce the work in material form
 publish the work
 communicate the work to the public
 perform the work in public
 make an adaptation of the work

2. Artistic works
 reproduce the work in material form
 publish the work
 communicate the work to the public
3. Films
 make a copy of the film
 show the film to the public
 communicate the film to the public

4. Sound Recordings
 make a copy of the sound recording
 play the recording in public
 communicate the recording to the public
 enter into a commercial rental arrangement

5. Broadcasts
 make a film or sound recording of the broadcast
 re-broadcast the broadcast
 communicate it to the public otherwise then by broadcasting it
Indian Copyright Act, 1957

 First right in India in 1914

 Now, Indian Copyright Act,1957; w.e.f. 1958
 Further amendments in 1983,1984,1992,1994,1999
 adopted many English provisions, introduced new
ideas and concepts.
 Created Copyright Office and Copyright Board
 Introduced civil and criminal remedies against
infringement
 Indian Perspective on Copyright
1. Economic Rights
 produce copies or reproductions of the work
 import or export the work
 create derivative works
 perform or display the work publicly
 sell or assign these rights to others
 transmit or display by radio or video

2. Moral Rights
 Right of paternity
 Right of integrity.
Term of Copyright
 The general rule is that copyright lasts for 60 years.
 It is counted-
1. From the death of the author
 Literary
 Dramatic
 Musical
 Artistic work
2. From the date of publication
 Cinematograph films
 Sound recordings
 Photographs
 Posthumous publication
 Works of government & international organizations
Registration of Copyright

 Berne Convention: registration is not needed

 Acquisition of Copyright is automatic with the creation the
work
 Registration as prima facie evidence
Copyright Symbol ©

 Use of the "©" symbol

 Anyone who claims copyrights can use it
 not necessary to have a registration to use the
designations
 highly advisable to incorporate a copyright notice
 Example: Copyright © 2009 Microsoft Corporation
Assignment of Copyright
 owner may assign to any person either partially or whole.
 Duration, in case of default 5 years
 moral rights are independent of the author’s.

Counterfeiting to Copyright
 the production of certain brand bags
 copies of articles, similar to the original
 copy for both the model and brand.
 copying or using the work of another
Acts resulting Infringement
 Making infringing copies for sale or hire;
 Permitting any place where performance constitutes
 Distributing infringing copies for the purpose of trade
 Public exhibition of infringing copies by way of trade
 Importation of infringing copies.
Remedies for Copyright Infringement

1. Civil Remedies
 Injunction
 Damages
 Accounts
 Delivery of infringing copy
 Damages for conversion
 Jurisdiction in District Court

2. Criminal Remedies
 Criminal offences, if done knowingly
 Imprisonment : 6 months – 3years
 Fine : Rs.50,000 – Rs.200,000
 Seizure of infringing copies
Limitations to Copyright
 Idea-expression dichotomy
 The first-sale doctrine
 Fair use and fair dealing
 Some Government works are exempted in India
Summary
 Each country has own law compliant to any international
convention
 Copyright prevents distribution of Idea, not Idea itself
 safeguards interest of the creators
 encourages people to create something new
 Registration is not compulsory
 Economic rights can be assigned to another person
 Infringement is a criminal offence, if done knowingly