final law ipr copyright without iipm

8/9/2019 Final Law Ipr Copyright Without Iipm

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Topic

Copyright act as a IntellectualProperty Right

FOR THE FOLLOWING CASES :-

1. KARISHMA INTERACTION SAHARA.2. CONTROVERSY OF DA VINCI CODE.

3. BETIYA APNA YA PARAYA DHAN.

Presented to: Prof Amdekar

Div No : A1 By Group no : 3


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Group no: 3

Laveena Teki (27)

Karan Varma (25 )

Mahesh Seth (29 )Robin john (41)

Raghav Kapoor (39)

Kalyani Singh (23)Miqdaad Dohadwala (33)

Megha Gupta (31)


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Flow of our presentation

y Intellectual Property Right.

y Copyright

y Terms of Copyright

y Right of Copyright holders

y Examples of Copyright

y Copy Left

y Types of Copy Left


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y Infringement of Copyright

y 9 exceptional to infringement of Copyrighty Example of Infringement

y Case 1 KARISHMA INTERACTIONSAHARA

y Case 2 CONTROVERSY OF DA VINCECODE

y Case 3 BETIYA AAPNA YA PARAYA DHAN

y Tenure

y Plagiarism

y World Intellectual Property Organization

y Conclusion


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Intellectual Property Right

IMPORTANCE:

y The importance of intellectual property in India is well

established at all levels-

Statutory

Administrative, and

Judicial.

y India ratified the agreement establishing the WorldTrade Organization (WTO).


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Intellectual Property

It is an intangible form of property.

It is a personal property.

It is a basic form of property.

It is based on information.


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AGREEMENT CONTAINS :

y This Agreement, contains an Agreement on TradeRelated Aspects of Intellectual Property Rights

(TRIPS) which came into force from 1st January

1995.

MINIMUM STANDARDS:

y It lays down minimum standards for protection and

enforcement of intellectual property rights in member

countries which are required to promote effective andadequate protection of intellectual property rights with

a view to reducing distortions and impediments to

international trade.


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Objects of Intellectual Property

y The objects of the rights covered by the concept of

intellectual property are manifestations of human

creativity.

-the form of the work;

-the invention; and

-the relationship between a symbol and a

business.


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The Agreement provides for norms and

standards in respect of following areas

of intellectual property:

y Copyrights and related

rightsy Trade Marks

y Geographical Indications

y Industrial Designs Rights

y IP cores used in electronicdesign

y Protection of UndisclosedInformation (Trade Secrets)

y Patents

y Plant Varieties

y Moral Rights

y Personality Rights

y Trade Dress

y Traditional Knowledge

y Domain Name


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Protected Intellectual Property

Invention by a patentor as trade secret.

Utility models by a

certificate or secret.Industrial Design by a

certificate.

Trade and ServiceMark by a certificate.

Copyright by reducingto a fixed form.


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The Act protects literary Artistic works

And performance rights

by making it unlawful to reproduce such works without theowner's permission.

y The author of the work is the first owner of the copyright inthe work.

y Registration of the copyright is not compulsory either foracquiring copyright or for enforcing by way of suit againstthe infringement of the copyright.

y The Copyrights Act protects the following classes of work


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Core Functions

y Examine applications for and grant industrial property

rights for:

-Patents for inventions

-Utility models for innovations

-Industrial Designs for aesthetic features of products

-Trade and service marks for goods and services.


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TERM DEFINITION OF COPYRIGHTS

y COPYRIGHT the exclusive right of the author.

y A COPYRIGHT is a legal device that gives the creator

the sole right to publish and sell that work.

y COPYRIGHT is described as a bundle of rights which

confer upon the owner the rights inter alia to publish,produce, reproduce, perform, translate, adapt,

communicate, exhibit, rent, trade and distribute the

literary work.


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Example of CopyRight

Michael Bolton VS the Isley Brothers.


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TYPES OF COPYLEFT

STRONG AND WEAK COPY

Eg: GNU General Public License Eg: GNU Lesser General Public License andthe Mozilla Public License

FULL AND PARTIAL


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INFRINGEMENT OF COPYRIGHT

y Illegal use or Violation by way of exploitation within

authorization of the author of the copyright amounts to

infringement. The governing principles for deciding the

infringement of copyright are as under:

There can be no Copyright in an idea, subject matter,

themes, plots or historical or legendary facts and

violation in such cases is confined to the form, manner

and arrangement and expression of the idea by the

author of the copyrighted work


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EXCEPTOINS TO INFRINGEMENT OF

COPYRIGHT

y Reading or recitation in public of extracts of literary or

dramatic work.

y Publication in a collection for the use in educational

institutions in certain circumstances

y Reproduction by teacher or pupil in the course of

instruction or in question papers or answers.

y

Performance in the course of the activities ofeducational institutions in certain circumstances.


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Promotional screener DVDs distributed by movie studios (oftenfor consideration for awards)are a common source of unauthorizedcopying when movies are still in theatrical release, and the MPAA

has attempted to restrict their use

Bootleg recordings are musical recordings that have not beenofficially released by the artist or their associated management or

production companies

Unauthorized downloading of copyrighted material and sharing ofrecorded music over the Internet, often in the form of MP3 files, is

another form of infringement, even after the demise of Napster

and a series of infringement suits brought by the RIAA


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CASE # 1KARISHMA THE MIRACLE OF

DESTINY


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CASE # 2

THE Da Vinci Code COPYRIGHT

CONTROVERSY


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CASE # 3

BETIYAAN APNA YA PARAYA

DHAN


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TENURE

y KARISHMA KA KARISHMA INTERACTION SAHARA.

y CONTROVERSY OF DA VINCI CODE.

y BETIYA AAPNA YA PARAYA DHAN.

TENURE UNDER IPR:Normal term of copyright is throughout the lifetime of

author plus 60 years from beginning of calendar yearnext following the year in which the author dies. In

case of joint authorship, the author who dies last willbe considered (section 22). In case of artificialperson, it is 50 yearsfrom the date of first publication.


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TENURE UNDER WTO:

These provisions are supplemented by Article 12 ofthe TRIPS Agreement, which provides that

whenever the term of protection of a work, otherthan a photographic work or a work of applied art,is calculated on a basis other than the life of anatural person, such term shall be no less than50 years from the end of the calendar year ofauthorized publication, or, failing such authorizedpublication within 50 years from the making of the

work, 50 years from the end of the calendar year ofmaking.


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Defenses to infringement

y A defendant in an infringement action may rebut the

presumption of copying by a showing of independent

creation. It is possible for an author to create a work

independently while bearing similarities to another. Ifaccess is not established, there is no copying, even if there

is a striking similarity between the two works. For this

reason, corporations will destroy or return unsolicited

mailings from authors as a policy


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Amendments to the 1976 Copyright Act

y With the passage of the No Electronic Theft Act (NET

Act), US copyright law was changed to allow for the

civil and criminal prosecution of persons allegedly

engaged in copying of copyrighted works withoutpermission that did not result in personal financial gain;

historically, the criminal copyright law required

infringement to be for financial gain.

y This is the Backbone of the information which is goingto be used for the forthcoming presentation.


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The nine strategic goals are:

y Balanced Evolution of the International Normative Frameworkfor IP

y Provision of Premier Global IP Services

y Facilitating the Use of IP for Development

y Coordination and Development of Global IP Infrastructurey World Reference Source for IP Information and Analysis

y International Cooperation on Building Respect for IP

y Addressing IP in Relation to Global Policy Issues

y

A Responsive Communications Interface between WIPO, itsMember States and All Stakeholders

y An Efficient Administrative and Financial Support Structure toEnable WIPO to Deliver its Programs


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final law ipr copyright without iipm

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