National Conference on [PR: Challenges in Digital Environment I ISBN No. 9n- 93-82344-01-~

Manoj Kumar VermaAssistant Professor

Department of Library and Information Science, Mizoram University, Aizawl-796004,Email: manojdlis@mzu.edu.in

Copyright Law: A Tool to Protect Intellectual Property Rights (IPR) ofAcademicians in Digital Environment

AbstractIn last two decades due to rapid growth in computer and communication technology and its application in information generationand processing has changed the whole scenario of present academic environment and it create a lot of challenges to academi-cians with regards 10 protect their intellectuals output. The emergence of digital library, instittttional repository and open accessmovement, put intellectual OUlpUTof academicians on web. Jill one way this digital movements arefacilttating the whole academiccommunity to make available of huge amount of information resources 011 public domain and any one can use these resources/ortheir academic purpose but now many case has been reported about violation of II'R and piracy and it is damaging 0111' academicenvironment like anything. There/ore, there should be a proper policy 10 protect the intellectual output of academician. Govern-ments II)' to protect these intellectual rig/us through different laws under IPR. This paper is briefly discuss the meaning, defini-tion& type of1PR and discuss copyright laws ill details and its protection in digital environment because this law provides a legalrights to academicians to protect their intellectual output. Fur/her it is also discuss about fair use of info row/ion for the education,learning and research purpose.

Keywords: Intellectual Property Rights (IPR), Innovation, Authorization, Fare Use, Digital Library, ElectronicEnvironment etc.

1. INTRODUCTION:We are living in the knowledge society and where huge information are generated and disseminated every mo-ment through different mode and medium. For knowledge production and processing innovation and innovativepractices are necessary and it is an intellectual thinking & output of some person, institution or organization.The generated knowledge has been used for welfare of individual, peoples and society and it is also necessaryto use this knowledge otherwise it will be unused and ultimately waste. In present digital environment use ofinformation become velY easy because huge literature is available on Internet and anybody can see and use itanytime without any difficulties and due to this facility and freedom academicians are facilitating very much butnow academic community has facing another challenges of generation, violation, protection and exploitation ofIntellectual Property Rights (IPR)and nowadays it became very serious issue among the academic community.The exponential growth in an type literature, increasing demands for new forms of intellectual property protec-tion as well as access to IP related information, complexities linked to IP in traditional knowledge, animatedobjects will pose a difficult challenge in handling IF agendaespecially in present digital environment.

Intellectual Property means the legal rights which generated from the intellectual activity in the industrial,scientific, literary and artistic fields. It is a general term which covers copy right, patents, registereddesigns,trademarks, layout designs of integrated circuits, geographical indicators and anti-competitive policies in con-tractuallicenses etc.

Every research, innovation and invention lead to a product, process, design, method, literary and artistic workand generate a source of financial gain to its authors or creators. Therefore it is registeredunder the heads ofIPRand authors or creators have the option to take legal remedy when IPR of their works are violated by anyonewithout his permission. The intellectual property laws is a safeguard for creators and producer of intellectualgoods and services by granting them certain time limited rights to control over their invention as inventor prod-uct. To overcome this IPR issues, many countries now passed laws to protect intellectual property of authors andcreators keeping in mind two main motives:

I. To give statutory expression to the moral and economic rights of creators in their creations and rights of thepublic in access to those creations.

2. To promote as a deliberate act of Govenunent policy. creativity and dissemination and application of itsresult and to encourage fare trading for economic and social development.

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National Conference on IPR: Challenges in Digital Environment I ISDN No. 978- 93-82344-01-8

2. CONCEPTUAL MEANING OF INTELLECTUAL PROPERTY (IP):Theintellectual outcome from a human mind is call intellectual property oftha: concerned person. It is a productofhuman intellect and includes creativity concepts, inventions, industrial models, trademarks, songs, literaturesymbols,names, brands etc. Intellectual propeny is mostly Il1 inrangible form cven through it can be reproducedintangible form.

Accordingto World Intellectual Property Organization (WIPO)-"Inlcllectual Propcrty (TP)refers to creations ofmindi.e, literary and artistic work, symbols, names, design used in commerce". Intellectual property is dividedintotwo categories:

a. Industrial Properly: It includes invention, patent, trademark, industrial design and geographical indicationof the source.

b. Copy Right: It covers literary and artistic work (like novel, poem, and play), films, musical work, artisticwork (like drawing, painting, photography, sculpture) and architectural design. Rights related to copyrightincludes those of performing artist in their performance, producer of phonograrns in their recording.

3. lNTELLECTUAL PROPERTY RIGHTS (IPR):IP is a legal term describing rights given to a creators or developer tor creation and development in aparticularfield. In general term IP can defined as a product of mindand generated from human intelligence. In anotherword IFR is a legal protection given to intellectual outcome of human mind and it includes all rights of intel-lectual activities in the industrial, scientific research, literary and artistic field. IPR is almost similar to otherproperty rights and allow their owner to absolute benefit from his/her creation which was initially an idea thatdevelopedand crystallized. In another word, IPR is outcome of human mind and potential efforts of human be-ing lead to intellectual outcomes and it gives a considerable value in economy. The right given to protect thisintellectual outcome is referred as IPR. Thus it is a right given to a person over tile creation of his mind.

David (1993) defines the IPR as ideas, inventions and creative expression on which there is a public willing-ness to grant the status of property. IPRs provide certain exclusive rights to the creators if intellectual propertyin order to enable them to harvest commercial benefits from their creative efforts or reputation.Il'R is a genericterms and it covers various tools which are used to protect innovations are copy right, patent, trademark, dataprotection, industrial design and geographical indications. The purpose of IPR legislation is to protect againstunauthorized imitation, coping or deceptive usage of identifying marks. According to World Intellectual Prop-erty Organization (WIPO), IPR include lights related to:

Literary, artistic and scientific workPerformance of performing artists, phonograms and broadcastsInventions in all fields of human endeavorScientific discoveriesIndustrial designsTrademarks, service marks and commercial names and designationsProtection against unfair competition and all other rights resulting from intellectual activity in tile industrial,scientific, literary or artistic field

4. OBJECTIVE OF IPR:

To prevent competitions from copying or imitating one's product or services.To avoid wistful investment in research & development and marketing.To create one's own identity through trademark or brand strategyTo negotiate license, franchise or other IP based contractual agreementsTo increase the market value of the companyTo enhance access to new marketsTo strengthen the capacity of government to develop strategies, policies and programmes to meet theIntellectual property needs of small entrepreneursTo improve the capacity of relevant public, private and civil society institutions to provide IF related services

Intellectual property right essentially includes the products and creation of mind.IPR is a safeguard for creators and other producers of intellectual's goods and services by granting themcertain time limited right

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National Conference on IPR: Challenges in Digital Environment I rSBN No. 978- 93-82344-01-g

5. HISTORY OF [PR:The IPR is not a new concept in academic world. The IPR practices has been started in North ltalv during theRenaissance era and first patent was granted to Filipo Brunellzschi in the republic of Florcna in 1421 and grant-ed three year monopoly for his invention about special hosting gear used on burgles. In J 474, Venice issued alaw regulating patents protection that granted an exclusive right for the owner. The copyright dates back to J 440when Johannes Gutenberg invented the printing press with replicable wooden or metal letter. I n 19th centurymany countries feel the necessity of laying down the laws regulating IPR and two conventions related to IPRsystem has been signed during this are: Peris Convention for the protection of industrial Property in 1883 andBern convention lor protection of Literary and Artistic work in J 886. To protect IPR, Government ofIndia tookmany initiatives to make rules and laws after independence and time to time made changes and amendment inthese laws make more vast, exhaustive and sharp to protect the intellectual output of an individual with changingdimension of time and technology. The legislative frameworks to protect IPR can be summarized as:

a. Contract Act, 1872b. The Trade Marks Act, & (Amendment) 1999,2002

c. Copyright Act, 1957 & (Amendment) 1994,1999,2012

d. The Patents Act, 1970 & (Amendment) 2005,2006

e. The Designs Act, 2000, 2008

r Plant Breeder Right, 2001

g. Geographical Indications of Goods (Registration and Protection) Act, 1999, 2002

In addition to above, there are many other forms like utility model, plant variety protection, protection of livingorganism etc.

6. TYPE OF IPR:The IPR is a collective terms and it has various forms and provided independent IP rights to each forms ofIntellectual Property but it collectively used for protecting different aspects of an inventive work for multipleprotections. It includes:

a. Patents

a. Copyrights and related rights

b. Trademarks

c. Industrial design

d. Geographical Indications

e. Protection of Integrated circuit (IC) layout designf. Protection of undisclosed information

7. COPYRIGHT: CONCEPT AND MEANINGCopyright refers to exclusive, legally secured right to publish and sell the substance in the f01111of literary,musical or artistic work Copyright is a legal device designed to protect livelihood of creators and producers ofliterary, musical and artistic works.

In another words copyright is a bundle of legal rights for a limited period given to the authors of work recog-nized and protected by law. The intellectual creativity can only be developedwith hard work and continuousthinking. It is a very tedious job. The academic outcomes which academicians published in form of book, jour-nals, research report etc. are result of hard labour of a creative person (academician) and idea is that the personcreating something has exclusive right over the creation or output and copyright provides the legaJ rights tocreators on their creativity. Copyright is a strong legal tool to protect IPR of academician in present digital era.

The copyright does not protect the idea but it protects the skill and labour put in by the originator in producinga work A person cannot be liable for infringement of copyright if he has taken only the idea involved in thework and given expression to the idea in his own way. The two different author can produce two different workfrom same information source but they have to arrange the information in their own way in different languages(i\.K. Upadhhay etc.20 12)

Tn copyright there are two main areas- economic right and moral right. The economic right bring in terms ofroyalty, sale of all or part of copyright, license etc. While in moral right deals with right to be named as author,right have not a personnamed as the author, instead of right 110tto have work falsely attributed to one self andthe right to prevent the mutilation of the work which includes adding bits on chopping them off or change themeans of text (Bipul Sharma, 2003)

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National Conference on IPR: Challenges in Digital Environment I ISBN No. 978- 93-82344-01-8

8. COPYRIGHT LA\\'- DEFINITION111ecopyright stands for a legal right to prevent others from copying an existing work of an individual. It is sucha right exclusively given lor a period of time to the originator (author or creator). The \VTPO defined copyrightas a legal term describing rights given to a creator lor their literary and artistic work. It is a 1'011nof protectionprovided laws of any country to the authors of "original work of authorship".

According to U.S. Copyright office- "Copyright is a form of protection provided by the laws of United Statc~(Title 17,llS Code) to the author of original work ofauthorship including literary. dramatic, musical, artistic, andcertain other intellectual works. This protection is available to bath published and unpublished work".

The copyright grants exclusive rights to:

Creators of original literary, dramatic, musical and artistic work

Scientific and artistic works

Cinematograph films

Sound recordings

Software computer program

9. COPYRIGHT IN INDIA:India is a signatory ofthe Berne Convention and the Universal Copy Right Convention from the beginning andhas a very strong and comprehensive copyright law based on copyright act 1957. After independence the BritishCopyright Law was effective untilIndian Copyright Act 1957 came into force in 1958 and it replaced the lndianCopyright act 1914 which was passed by British Govemment.Right now India's copy light law lay dOWIl inIndian copy right Act 1957 which is amended in 1983, 1984,1992,1994 1999 and Copyright (amendment) Bill2012because its need to review time to time due to new challenges and to make more effective, The amendmentof 1994 was in response to technological changes in the communication (like broadcasting & telecasting) andemergence of computer technology like software. The Copyright (amendment) Bill 2012 is very effective toprotect the LPRof academicians because it amended in light of digital environment and now it completely basedon Berne Convention on Copyrights and make compatible with trade related aspects of intellectual propertyrights (TRIPS) agreement This law gives protection to creators for his/her lifetime plus 60 years after his/herdeath. India is an also member of the Geneva Convention for the protection of rights of producers of phono-grams and universal copy right convention.

The Indian copyright actl957 (amended time to time) under section 14 enumerated certain "exclusive" right toan author to do in respect of a particular work and if these work done by some unauthorized person or withoutpermission of author! developer (copyright holder) it comes under infringement of copyright. These works are:

In case of Literary, dramatic or musical work:

To reproduce the work in any material from or by electronic means

To issue copy

To perform the work in public

To make any film or sound recording of work

To make any translation or adaption of the work

I, In case of computer program

To sell or give on commercial rental

2. In case of artistic work:

To reproduce the work in material form

To include the work in a film

To make an adoption of the work

3. In case of cinematograph film:

To make a copy of film

To sell or give copies of the film on hire

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National Conference on IPR: Challenges in Digital Environment I ISBN No. 978- 93-S2:i44-01-g

In. INFRINGEME:\T OF COPYRIGHT LA\\S:The unauthorized and illegal use of intellectual output of an individual comes under violation or copyright and intechnical terms it called infringement of copyright law. While the governing principle of copyright law has enu-merate live c.ucgory o l.act were excluded and do 1101 t:,11 under the infringement of copyright law. These acts arc:

Reproduction ill the course of fair dealing (like private use, research, criticism, review, reponing broadcast ctc.)

Reproduction lor educational purpose

Reproduction of official (judicial, legislative etc.) purpo e

Reproduction where there is remote relation to tile original which does not cause any loss to the copyright holder

Reproduction for the private entertainment

In present digital environment pose a variety of challenges to protect copyright due to availability of variety ofelectronic resources on net. To check the piracy of the intellectual output, necessary provision has been madein copyright law and now it is become a non-boilable offense. In case of infringement originator like author/creator etc. have to file a suit in the court against the infringement of copyright against the person, institution ororganization (R.K. Singh, 2013).

11. DIGITAL LIBRARY AND DIGITAL ENVIRONMENT:We are living in an lCT era where everyone can access high speed of information through network and retrievaldevices which areavailable in affordable cost and it happened due to advancement ofICT in last two decades.The ICT provide a capability to control, accumulate and relocate big volume of information in digital formatat very low coast. Besides this, electronic publishing and resource sharing activities has become velY easy andconvenient mode to access the required information among academic community for their education, learningand research purpose. These major changes encourage and force the information professionals to cope withcomputer and communication technology and they develop a new concept in library with digital contents whichare easy to store, search and retrieval.

TIle digital libraries are the repository of high quality human generated information in digital form at multiplededicated servers connected over different electronic networks. TIle purpose of digital library is:

To acquire, store and classify information and knowledge in digital fonn

To enhance cost-effectiveness and quick delivery of information

To enhance the investment in computing and communication infrastructure

To guild up communication and cooperation between govemment, research, business and educational communities

To contribute lifelong opportunity

A digital library is a global information infrastructure in present knowledge society. It is an information systemconsists of digital contents stored in databases and work on computerized retrieval mechanism. The storeddigital contents are indexed and stored in databases for appropriate retrieval operations and mechanism whichare optimized and applied to object domain of those databases. TIle digital library facilitates time and place in-dependent information services for users because it is available 24X7 from anywhere in the world.

12. FAIR DEALING IN DIGITAL ENVIRONMENT:The digital environment creates a great challenge to in regard to protect the IPR of academician and informationprofessional. Many countries have started to find out some solution of this challenge. In the same line of actiona has also initiated in United Kingdom in 1998 where joint information system committee (JISC) and PublishersAssociation CPA) were setup a working group to study the application of the fair dealing and library privilegepermission in digital environment and published their guideline for fair dealing in an electronic environment in1998 under "fair use" and "not fair use". This recommendation can be used as guideline in fair use of electronicresources. In this recommendation following points has been incorporated for fair and nor fair use:

a. FAIR USE:Any incidental copy to disk involved in the viewing of part or all of electronic publication

One accesses an electronic journal available 011 a website or from University library network using the PCin his office. The Browser automatically copies the article to his hard disk cache when he views the article.

It is a fair dealing tor n individual to print into paperone copy of an electronic publication lor research andprivate study.

A librarian can print one copy of electronic journals into paper on the request of an individual.

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National Conference on IPR: Challenges in Digital Environment I ISBN No. 978- 93-82:144-01-tl

One can access the electronic journals t() which the library has paid subscription on computer. 1lc can alsoprint hard copy for his research and private study on the basis of license agreement.The Librarian call provide a book chapter of electronic hook but COPy of whole book is not permissible.

All individual can copy on disk of an electronic publication [or permanent local electronic storage. Diskmay be portable or fixed but it should be not the term and condition of license.

One cannot download an entire electronic journal or an issue to his PClts need permission from copyright owner.

h. NOT FA1R USE:

To scan thc article into electronic form. It need to permission.if granted, would cover whether the librarycould retain a copy permanently.

Tran mit by computer network of thc whole of an electronic publication [or the purpose of permanent localelectronic storage, reading on screen and printing on individual request.

All the articles of conference proceeding to a re-wriieable CD-ROM disk in a CD-ROM drive attached toone's computer so he can keep and read them at home.

To post pan or all of an electronic publication on a network or website open to the public.

To put an interesting group ofjoumal article upon the department wehsite lor his colleagues to read. TIemust get permission from copyright owner first

13. CONCLUSlO\::Many new challenges have arisen in handling the issues of IPR of academicians in present digital era. Due toextensive developments in digital technology arena, the question of protection of the rights of authors is tack-led with problems. In light of these challenges, Government of India has already made amendment and passedCopyright (amendment) Bill 2012 and incorporated all the segment which are necessary to protect the right ofacademicians but enactment of copyright law in a country is just one step to protect the rights of creator and itcannot be completed without proper awareness among the public concerned. Due to lack of awareness about ex-isting copyright law, many creators are still suffering by piracy and infringement of copy light around the world.Therefore, this is a responsibility of Government as well a all academic institutions to make proper awarenessamong the all community (students, researchers, teachers, scientist etc) about copyright laws. We should alsotry to develop and make popularize the moral ethics among academia as well as people that how they call useintellectual resources in an ethical way in present digital era.

REFERENCES:

I. Upadhyay, Ashok Kumar, Raghav, Nitusingh and AIi, Hyder. "Issue and challenges of copyright in digital age:An Indian perspective" in Conferencef'roceeding on KnowledgcMmanagement: Issue and Challenges, edited byMonawwerEqbal and Simrnikhurana.World Education Publication. 2013, Pp 304-31 L

2. Mirtal, Rahul and Paetap, Vipul. "Intellectual Property Rights't.Paper published in Proceedingof InternationalConference 011 Grey to Green, 2015, Pp 178-187.

3. Singh, R.K. "IPR in Digital Era: A New Roadmap for LIS Professionals". Paper published in E-Resources Man-agement in Libraries: Issues and Challenges edited by Mukesh'Saikia and MonawwerEqbaL KX. Publication,2013, Pp.201-209.

4. Sengar, Vandana and Shegokar, K.K. "Intellectual Property Rights and Copyright for I ibraries in Digital Age".Paper published in Re-Defining the Strategic Role of Libraries in Indian Culture and Modern Society edited byP.R. Rajput and Pawan/vgrawal, 2015, Pp. 133- 136.

5. Gavgani, VZ. etc. "Intellectual Property Rights in Digital Environment". Paper published in International Con-ference on Sustainability of Digital Libraries edited by N.R. Naik, 2014, Pp. 315-320.

6. Sharma, Bipul. "Copy Right and Intellectual Property Right". PLANNER, Shillong 2003. Pp. 358-364.7. Singh Ch, Ibohal and Devi TIl. Madhuri. "Intellectual Property Rights: Some Aspect". PLANNER, Shillong

2003. Pp. 250-255.8. Gupta, Santosh and Sahoo, K.C "Intellectual Property Rights in Indian Context: An Overview". Paper published

in-Information Control and Management in Digital Environment edited hy CRXarisiddappa and P. Pathi. 2()I~,PpA65-471 .

9. Panda, KC, Padhi, P. and Maharana. B. "Copyright Law in the Electronic Age". Paper published in- Access toelectronic Information edited by M. Mahapatra and others, IS1, 1997, PpAOO-402.

10. Saxena, Anuparna. Digital Library and Future. Libraries towards Digital Paradigm edited by M.P singh andothers. 2014.Pp. 123-ln.

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