6.1 Copyrights Revised of Intellactual Property Right.ppt

IPR pdf for studying in detail about copyright

2. COPYRIGHT
The protection of rights of the creators
over their literary, artistic and other
works.
Social objective –
To encourage authors, composers, artists,
etc to create original works by vesting in
them the exclusive right for a limited period
to exploit their works for monetary gains.

3. Copyright allows authors, musicians,
artists, etc. to make money off of their
labor.
It prevents others from taking their work
for free.
It also prevents people from altering the
work without permission

4. CULTURAL BASIS OF
COPYRIGHTS
One who creates something ought to
own that something, and ought to be
able to profit from that something.

5. If There is No Copyright…
The main motive for creative endeavors
(money) disappears.
If authors can’t make a living writing, most
will not write.
If a record company can’t profit from a
band, they will sign fewer bands and cut
loose the money losers.

6. If copyright exists but can’t be enforced,
the above still happens eventually.
The end result is less creative content and
hard to pirate distribution methods
become preferred like print and closed
databases.

7. Copyright protects
intellectual property
including –

8. Works not subject to
Copyright
•Words and short phrases such as names, titles, and
slogans
•familiar symbols or designs
•mere variations of typographic ornamentation,
lettering or coloring
•mere listing of ingredients or contents
•Ideas, plans, methods, systems, or devices, as
distinguished from the particular manner in which
they are expressed or described in a writing

9. •Blank forms, such as time cards, graph paper,
account books, diaries, bank checks, scorecards,
address books, report forms, order forms and the
like, which are designed for recording information
and do not in themselves convey information
•Works consisting entirely of information that is
common property containing no original authorship,
such as, for example: Standard calendars, height
and weight charts, tape measures and rulers,
schedules of sporting events, and lists or tables
taken from public documents or other common
sources

10. Examples of Copyrightable
Subject Matter
Songs
Movies (but not their titles)
Games
Jewelry
Software (sequence of coded instructions
which direct the process steps)

11. Copyrights
“Original works of expression”
Originality ≠ Novelty

12. Idea versus Expression of
Idea
“Original works of expression”
Copyright does not protect an idea, only
the expression of the idea

13. Idea versus Expression of
Idea
A copyright owner has no right
to prevent the independent
creation of the same
expression of an idea

14. Copyright Requirements
Must be an original work
Must be fixed in a tangible
medium of expression

15. Rights of Copyright
Owner
Copyright owner has the exclusive right:
1.To reproduce the work
2.To perform the work publically
3.To distribute copies of the work
4.To display the work publicly
5. To make derivative works based
upon the original work

16. Exemptions to copyright
Some of the exemptions are the uses of the
work
for the purpose of research or private study,
for criticism or review,
for reporting current events,
in connection with judicial proceedings,
performance by an amateur club or society if the
performance is given to a non-paying audience,
and
the making of sound recordings of literary,
dramatic or musical works under certain
conditions.

17. Copyright Duration
A copyright last for life plus 70 years for individuals
for anything on or after 1978.
A copyright lasts for 95 years for corporate authors
after publication for anything on or after 1978. (It is
120 years after creation if not published.)
Works published before 1978 and after 1923 are
protected for 95 years.
It is 60 years after the death of author or from the
date of publication of musical or artistic works
under Indian Copyright Act

18. Ownership
-Copyright protection vests from the time
the work is created in fixed form; that is, it is
an incident of the process of authorship
-The copyright in the work of authorship
immediately becomes the property of the
author who created it
- Only the author (or assignee) can rightfully
claim copyright

19. Transfer of Rights
Owner of a copyright can transfer his
rights to another person through a
written agreement between him and
the transferee on a prescribed form
The rights remain with the author even
after the transfer

20. Joint Works
A “joint work” is a work prepared by two
or more authors with the intention that
their contributions be merged into
inseparable or interdependent parts of a
unitary whole.
Each co-owner enjoys undivided
ownership in the copyrighted work and
may exercise independently the
“exclusive” rights.

21. All or a portion of the Copyrights may be
transferred:
- exclusive: must be in writing.
- nonexclusive: need not be in writing.
A Copyright is a personal property right.
- subject to state laws and regulations
that govern the ownership, inheritance
or transfer of personal property, as well
as terms of contracts or conduct of
business

22. Notice
Published on and after March 1, 1989: use of the
copyright notice is optional
Before March 1, 1989: copyright notice was
mandatory or risk loss of copyright protection.
Notice is recommended!!!
- it informs the public that the work is
protected by copyright.
- identifies the copyright owner.
- shows the year of first publication.
In the event that a work is infringed, if the work
carries a proper notice, the court will not allow
a defendant to claim “innocent infringement”.

23. Notice should contain:
1. The symbol © (the letter in a circle), or
the word “Copyright”
2. The year of first publication of the work
3. The name of the owner of copyright in
the work
The “C in a circle” notice is used only on
“visually perceptible copies”
Notice should be affixed to copies or
phonorecords to “give reasonable notice
of the claim of copyright”

24. Registration
Registration is a legal formality to make public record of
copyright.
Registration is not a condition of copyright
protection.
- Registration establishes a public record of the copyright claim
-Before going to court, registration is required for U.S. origin
and for foreign works not originating in a Berne Union country
- If made before or within 5 years of publication, provides
prima facie evidence of validity of the copyright
- If made within 3 months after publication or prior to an
infringement of the work, statutory damages and attorney's
fees are available in court actions. Otherwise, only an award of
actual damages and profits is available to the copyright owner.

25. Copyright Infringement
The act of violating any of a copyright
owner’s exclusive rights granted by the
federal Copyright Act

26. Fair Use
Permits unauthorized use of a
copyrighted work for purposes such as
criticism, comment, news reporting,
teaching multiple copies for classroom
use, scholarship or research etc.

27. You can use excerpts from a book to write
a review of it. However, you can’t
reproduce whole chapters of the book for
reviewing purposes without permission.
A class dealing with film studies can
screen a movie without payment for study
purposes. However, no admission can be
charged and only students in the class can
attend the screening.

28. Copyright : Purpose &
Character

29. Patent versus Copyright
Inventions vs. Works of art
Idea vs. Expression of idea
Upon issuance vs. Upon creation
Expensive vs. No cost
20 Years from filing vs. Life of author
plus 70 years

30. Indian perspective on
copyright protection
The Copyright Act, 1957 provides
copyright protection in India
It confers copyright protection in the
following two forms:
 Economic rights of the author
Moral Rights of the author
Right of paternity
Right of integrity

31. The Copyright Act, 1957
Came into effect from January 1958.
Has been amended six times since then,
i.e., in 1983, 1984, 1992, 1994, 1999 and
2012.
Prior to the Act of 1957, the Law of
Copyrights in the country was governed
by the Copyright Act of 1914. This Act was
essentially the extension of the British
Copyright Act, 1911 to India. 

32. Registration of
copyright
Copyright comes into existence as soon as a
work is created and no formality is required
to be completed for acquiring copyright.
Facilities exist for having the work
registered in the Register of Copyrights
maintained in the Copyright Office of the
Department of Education.
The Copyright Office is headed by a
Registrar of Copyrights and is located at
New Delhi

34. Online Registration facility
The first phase of the modernization of
Copyright Office including provision of Online
registration facility to authors and rights
owners started on 9
th
 September, 2009.
Digitization of records and On-line search
facility:
Under the Phase I of the modernization of
Copyright Office project all the records were
digitized and ‘On-line search’ facility provided
to help general public to know the details of
copyright registration on payment of fee