Copyright

A presentation on Copyright.

1. PREPARED BY Soumik Banerjee Ist Sem ,Mpharma Pharmaceutical Regulatory Affairs Sri Adichunchanagiri College of Pharmacy

2. Definition: Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright also includes the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work.

3. Copyright Act 1957 The Copyright Act, 1957 came into effect from January 1958. This Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999 , with the amendment of 1994 being the most substantial. 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. Even the Copyright Act, 1957 borrowed extensively from the new Copyright Act of the United Kingdom of 1956. The Copyright Act, 1957 continues with the common law traditions.

4.  The Indian Copyright Act today is compliant with most international conventions and treaties in the field of copyrights. India is a member of the Berne Convention of 1886 (as modified at Paris in 1971), The Universal Copyright Convention of 1951 and The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

5. Internet treaties  Two new treaties, collectively termed as Internet Treaties, were negotiated in 1996 under the auspices of the World Intellectual Property Organization (WIPO). These treaties are called the ‘WIPO Copyrights Treaty (WCT)’ and the ‘WIPO Performances and Phonograms Treaty (WPPT)’. These treaties were negotiated essentially to provide for protection of the rights of copyright holders, performers and producers of phonograms in the Internet and digital era. India is not a member of these treaties; amendments are being mooted to make Act in compliant with the above treaties in order to provide protection to copyright in the digital era.

6. Basics of Copyright A Work has to be in a tangible form It has to be Creative under one of the category mentioned It is the expression part not the idea part Originality is the criteria

7. Scope of Copyright To reproduce work in any material form To issue copies To make translation To make any adaptation Reproduce two dimensional drawing in three dimensional object

8. Ownership of Copyright    First owner of Copyright: The author of a work shall be the first owner of the copyright. Who is an author? In the case of a literary or dramatic work the author , i.e., the person who creates the work. In the case of a musical work, the composer . In the case of a cinematograph film, the producer . In the case of a sound recording , the producer . In the case of a photograph, the photographer . In the case of a computer generated work, the person who causes the work to be created .

9. Term of copyright Copyright shall subsist in any literary, dramatic, musical or artistic work published within the life time of the author until sixty years from the beginning of the calendar year next following the year in which the author dies ‘Calendar Year’ means the year commencing on the first day of January. In the case of anonymous or pseudonymous works it is 60 years from year of publication . In the case of posthumous publications it is 60 years from year of publication. The period of copyright for photograph, cinematograph and sound recording is until 60 years from the year of publication. If the first owner is government it is 60 years from the year of publication.

10. Limitations of Copyright protection  Temporal Copyright does not continue indefinitely. The law provides for a period of time, a duration, during which the rights of the copyright owner exist. Geographic The owner of the copyright in a work is protected by the law of a country against acts restricted by copyright which are done in that country. For protection against such acts done in another country, he must refer to the law of that other country.

11. Permitted Use  • Certain acts normally restricted by copyright may, in circumstances specified in the law, be done without the authorization of the copyright owner. • Some examples of such exceptions are described as “ fair use.” Such examples include reproduction of a work exclusively for the personal and private use of the person who makes the reproduction; • another example is the making of quotations from a protected work, provided that the source of the quotation , including the name of the author, is mentioned and that the extent of the quotation is compatible with fair practice . 

12. Copyright Office Section 9 of the Copyright Act requires for establishment of an office to be called the Copyright Office for the purpose of the Act. The Copyright Office is to be under the immediate control of a Registrar of Copyrights to be appointed by the Central Government The Copyright Office is currently located at the following address: B-2/W-3, Curzon Road Barracks Kasturba Gandhi Marg New Delhi - 110001

13. Copyright Board     Section 11 of the Copyright Act requires the Central Government to constitute a Copyright Board headed by a Chairman with not less than two and not more than 14 other members. Section 12 of the Copyright Act also lays down the powers of the Copyright Board and deems it to be a civil court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure

14. Powers of Copyright Board The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to: – hear appeals against the orders of the Registrar of Copyright; – hear applications for rectification of entries in the Register of Copyrights; – adjudicate upon disputes on assignment 

15. grant compulsory licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work. hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country.

16. CEAC CEAC The government has set up a Copyright Enforcement Advisory Council (CEAC)

17. Composition of Copyright Enforcement Advisory Council   Chairman Additional Secretary, Department of Education, Ministry of Human Resource Development (Ex-officio) Vice-Chairman Joint Secretary in-charge of Book Promotion and Copyright Division, Department of Education (Ex-officio)

18. Piracy and Infringement  The rights of an owner of copyright are infringe d when one of the acts requiring authorization of the owner is done by someone else without his consent. The unauthorized copying of copyright materials for commercial purposes and the unauthorized commercial dealing in copied materials is known as “piracy ”.

19. Infringing a copy means In relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematograph film, In relation to cinematograph film, a copy of the film made on any medium by any means, In relation to a sound recording any other recording, embodying the same sound recording, made by any means

20. activities involving infringement of copyright Making infringing copies for sale or hire or selling or letting them for hire ; – Permitting any place for the performance of works in public where such performance constitutes infringement of copyright; Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ; Public exhibition of infringing copies by way of trade

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

22. Criminal Remedies Criminal offences, if done knowingly Imprisonment 6 months – 3years Fine Rs.50,000 – Rs.200,000 Seizure of infringing copies

23. Newton's own copy of his Principia, with hand-written corrections for the second edition

24. A copyright certificate for proof of the Fermat theorem, issued by State Department of Intellectual property of Ukraine.

25. Newspaper advert “United States and Foriegn Copyright.Patents and Trade –Marks A Copyright will protect you from Pirates.And make you a fortune”.

26. Reference Copyright.gov.in Legalserviceindia.com Indiacode.nic.in Images from Google Wikipedia