Copyright act 1957

just a brief of what is copyright and law dealing with it.

1. The Copyright Act 1957

2. what is Copyright? its an exclusive right of the copyright holder. its a right to copy or reproduce the work for which the author has got the copyright. its a right to do or authorizing others to do certain acts . its a product of human skill & his mentalcapacity to do something creative.

3. Subject matter of the copyright? 1.cinematography 2.artistic works 3.dramatic works 4.musical works 5.literary 6.sound recording 7.computer programs .etc

4. Introduction British period In India its was during the East India Company the first Copyright act was introduced in the year 1847. Again in the year 1911 an Copyright Act was passed in England based on which Indian copyright act 1914 was passed.

5. - After Independence soon after independence Indian government passed the Copyright act in the year 1957 . subsequently this act was amended many times due the influence of many international treaties for which India was a signatory . The treaties which has influenced the change in the above act is : 1.The Berne convention 1886. 2.The Universal Copyrights convention 1940 . 3.The WIPO Copyright treaty .etc

6. - Copyright : copyright has its origin in the 20th century . copyright is a form of intellectual property, which deals with protecting the rights of a copyright holder. just like other intellectual properties even copyright can be sold,mortgaged , leased etc .

7. Nature of Copyright ? it creates "Right in Rem ". its a form of "Incorporeal property". infringement of copyright is a actionable wrong . copyright is both a positive and a negative right.

8. Objectives of copyright act ? its main objective is to encourage the authors,music composers ,singers to create their original piece of works by granting them exclusive rights . to stop the misuse of copyrights . its helps in protecting the rights of the person who holds the copyright. the copyright holder is give both the civil remedies and the criminal remedies in case of infringement . further it provides methods of acquiring the copyrights. the copyright protection is given for a longer period of time .

9. Who is an author? literary and dramatic work ------- author of the work . artistic works -------- the artist musical work --------- the composer photography ---------- the photographer cinematography -------- the producer computer program ------- the programmer.

10. Advantages of copyright registration ? the certificate copy of registration ,which is acts an evidence of the authorship its helps the author to take immediate legal action against the infringement the registration certificate is useful to author and his successors to establish their title in the case of dispute it helps to prove the copyright in the foreign countries .

11. - it is help full for the government in levying and collecting royalty and pay the same to the copyright holder. prior registration helps in determination of licencing . it helps to prove the copyright in the foreign countries .

12. Artistic work means any panting ,any sculpture any drawing including maps,chart and a plan an engraving a work or an architechture and any other work of craftsamanship any work which has artistic quality .

13. cinematography means any work of visual recording on the medium produced through a process from which a moving image may be produced . it includes sound recording accompanied with the visual images . it shall also be construed as including any work produced by any process analogous to cinematography including video films.

14. Literary work means? includes any writings computer programmes tables and compilations including the computer database.

15. Musical work means ? any work consisting of music and includes any graphical notation but does not include any wods or any actions intended to be sung ,spoken or performed with the music

16. Sound recording means? any recording of sound from which such sounds may be produced regardless of the medium on which such recording is the method by which the sound are produced .

17. Copyright Office Is established under the control of the registrar of copyright , who shall act under the directions of the central government . There shall be a seal of copyright . The main work of the office is to control , administer and apply the provisions of the act . central government appoints the registrars and the deputy registrars from time to time.

18. Copyright Board The board consists of a chairman and not more than fourteen other members . The chairman is appointed for a period of five years and is also eligible for re appointment ,and works under the superintendence of the central government . A person in order to become the chairman of the copyright board should be a judge of an High Court or should have been qualified to be a judge of an High Court . The registrar of the copyright is the Secretary of the copyright board.

19. Powers and Procedures of the copyright board? power to regulate its own affairs including the fixing of places and the times of sittings the chairman has the right to constitute benches and special benches in order to dispose the cases  before it the normal bench consists of not less than 3 members and the special bench consists of not less than 5 members .

20. - while deciding the cases if there are any difference in the opinion between the members than the majority opinion will prevail . if there is no majority than the decision on the chairman prevails . The chair man has the power to authorize any of the board members to exercise their powers .

21. - if the member of the copyright board has any personnel interest in any matter before the board than the member is not permitted to attend the proceedings of such matter. the board is deemed to be a civil court for all proceedings before it .it means it posses all the rights of the civil court while deciding any of the matters before it .

22. functions of the copyright board ? to inquire regarding the date of publication of the work . to inquire regarding the term of a copyright is shorter in any other country to solve the disputes regarding the assignment of copyright . to provide the licences to the public in the Indian works which were withheld from publishing .

23. - to provide licences for unpublished Indian works. to provide the compulsory licences to produce and publish the translations . to address the grievances of the aggrieved party . to rectify the errors made in registers maintained by the copyright offfice or copyright board .

24. Rights of a copyright holder? right to reproduce . right to communicate to public . right to issue new copies of the work . right to have a copyright for fixed terms. right to assign right to seek legal remedy in case of infringement or right to sue . right to grant licence.

25. Term of the copyright ? in case of artistic ,dramatic and literary works and musical works the term of copyright is ----- lifetime plus 60 years from the date of death . in case of artistic ,dramatic and literary works and musical works the term of copyright is ----- lifetime plus 60 years from the date of death . in case of the works of public undertaking and work of international organisation ------- the term of copy right is 60 years from the date of its publication.

26. Registration of the copy right ? the registration of copy right is not compulsory . because the copyright in a material work automatically comes into existence immediately after the original work is produced .

27. Registration of copyrights ? 1.register of copyrights: its is the book maintained by the copyright office which maintains the records of the: a.The description of the works . b.The names of the author,publishers or owners of copyrights. c.The address of the author,publishers , owners of the copy rights . d. other prescribed particulars .

28. Procedure for registration of copyrights? the person interested in copyrights makes an application in a prescribed form to the registrar. on receiving  the application the registrar conducts the inquiry and on satisfaction enters the description of the works in the register of copyrights the registrar subject to the conditions can amend and alter the register of copyrights ,in matters relating to the error in the names and particulars ,any other omissions to be entered .

29. Procedure for registration of copyrights? on the application for rectification the copyright board has power to rectify the register of copyrights with regard certain omissions ,striking of the wrong entries &correcting the errors & defects . any person can take the copy's of the register and the index maintained by the copyrights office by paying the prescribed fees . the register maintained by the copyrights office is admissible as an evidence in all courts as its acts as an prima facie evidence of the particulars entered in it.

30. Remedies for infringement ?? civil remedies - injunction and damages and recover the possession of the infringed copies .-district court criminal remedies - punishments a.imprisonment of not less than 6 months or extended to 3 years . or fine shall be not less than 50000 or may go up to 200000.- MM or JM . administrative remedies