copyright basics

04/08/23

Bindu Sharma

Email: [email protected] Tel: 9845693459, 9880213204

Web: www.origiin.com

An overview on Copyright law

Intellectual Property

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Types

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Copyright

• Inherent & statutory rights for original/creative works of authorship

• 20th century- printing technology

• Term of protection is author's life plus 60 years

• The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.

Copyright © 2009 Origiin IP Services

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Legislations

• Copyright Act, 1957

• Compliant with most international conventions and treaties in the field of copyrights

• Berne Convention of 1886 (as modified at Paris in 1971)

• Universal Copyright Convention of 1951

• Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995


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Criteria for protection

Idea

/E

xpre

ssio

n

Original/ Creative

FixedCopyright

Skill Judgment Labor


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Subject matter

Literary Books, periodicals, computer programs, databases, tables & compilation

Dramatic Recitation, scenic arrangement & work capable of being performed by action

Musical Work consisting of music & graphical notation of such work

Cinematographic film and Sound recording

Soundtrack in a film, video tapes

Artistic Painting, sculpture, drawing, photograph, work of architecture & artistic craftsmanship


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Is registration necessary


Registration

• Copyright Registry, New Delhi

– Filing

– Examination

– Grant

© 2008-2010, Sony Music Entertainment (India) Limited. All Rights Reserved. Unauthorized copying, reproduction, hiring, lending, public performance and broadcasting

prohibited.

• Poor man’s copyright

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Who is the owner?

• Author of a work is the first owner of the copyright

• Work made by the author in the course of his employment is work for hire & belongs to the employer

• Employee is a person who works under direction of employer, uses equipment of employer and gets salary & other benefits

• Work done after office hours without directions of employer is not considered work for hire and author is owner of the work


Rights

• To reproduce work

• Issue copies

• Perform in public or communicate to public

• To make cinematographic film or sound recording in respect of the work

• To make translation of work

• To make adaptation of work

*Sell or give on hire, or offer for sale or hire any copy of program

Infringement

• Criminal offence under Section 63 of the Copyright Act

• Imprisonment for six months with the minimum fine of Rs. 50,000/-

• In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh

• Metropolitan Magistrate or a Judicial Magistrate

• A police officer not below the rank of sub inspector can seize without warrant all infringing copies of the work

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Reproduction of work

Making copies without owner’s consent

Literal/software piracy•Disk-to Disk & identical•May be accompanied by unauthorized duplication of genuine trademarks and documents

Non-literal •Does not look identical but function & purpose is the same•Proving infringement is difficult


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Copyright controversy rocked the Lakme India Fashion Week at New Delhi with designer Suneet Varma threatening legal action against designer Aki Narula and actress Rani Mukherji for copying his clothes and using it in a song sequence of the movie Bunty aur Babli


Cantor Fitzgerald International v Tradition (UK) Ltd

Facts:• Employees copied the source code from a program developed for his former

employer

• The employees admitted to have copied 2952 lines (2%) of the 77000 lines of the code

• Most of the program modules were individually complied and linked together into a small number of programs, each of which could have been complied from a single source file

Literal copying

Does copyright subsist in the

program?

Has the program been

copied?

Is copied part substantial?

It’s infringement

Non-literal copying

Access

It’s infringement

Is there substantial similarity?

Structure/Flow/Sequence

CEAC

• Copyright Enforcement Advisory Council was established by the Central Government on November 6, 1991 to strengthen the enforcement of copyright

• Representatives of state police authorities as members

• Create greater awareness about copyright law among the enforcement personnel and the general public

• Special cells for copyright enforcement have so far been set up in 23 States and Union Territories

Fair use doctrine

Reproduction of work is not considered as infringement if used for:

• News reporting

• Criticism or comment

• Teaching

• Scholarship or research

• In connection with judicial proceeding

• Performance by an amateur club or society if the performance is given to a non-paying audience

Amar Nath Sehgal vs Union of India

• Union Government of India commissioned Amar Nath Sehgal, to design a mural (a mammoth 40 feet high and 140 feet long) for Vigyan Bhawan

• Design was given the green flag by Pt Jawahar Lal Nehru & was completed in 1962

• The mural won widespread acclaim, and gave the world a glimpse of the ‘real’ India – its farmers, artisans, women and children, their daily chores and celebrations, frozen in time, and molded from tons of solid bronze

• For nearly 20 years the mural attracted people from all over the world and became a landmark in the cultural life of the capital

• Vigyan Bhawan buildings were renovated and in the process, the mural was ripped off the walls and the remnants put into store

Amar Nath Sehgal vs Union of India

• Distressed by the destruction of his artistic work, and after petitioning the authorities for years without a response, Mr. Sehgal brought a lawsuit against the government

– Sehgal had assigned his copyright to the government in an agreement dated 31st October 1960;

– Govt had purchased all rights from Sehgal, and was consequently free to do as it pleased with the mural;

– Mural was already damaged in a fire in the Vigyan Bhawan;

– As per agreement, any grievance should be referred to an arbitrator appointed by Govt

Decision of Delhi High Court - All rights of the mural shall henceforth vest with Mr. Sehgal. The court ordered the return of the remains of the mural to the sculptor, and also slapped damages of Rs.500,000.

Moral rights

• The paternity right – Right to claim authorship of the work

• The integrity right – Right to protect his honor and reputation

• A general right – Not to have a work falsely attributed to him

Conclusion

• Wide coverage

• In-expensive

• Simple & quick

• India, Berne convention benefits

04/08/23

Thank you

Contact details:Bindu Sharma

Origiin IP Solutions LLP

Bangalore

[email protected]

Phone: 9845693459, 9880213204

04/08/23

copyright basics

Documents

copyright work

copyright lasts

action work

work soundtrack

benefits work

translation of work

adaptation of work

copyright act imprisonment