Copyright Act with clauses of TRIPS

copyright as a part of Intellectual Property right

1. Copyright as a part of Intellectual property rights with reference to certain clauses of TRIPS

2. Presented by Viraj Shah -13081 Shreya Sakaria-13067 Shefali Ramavat-13065 Sucheta Patil-13069 Yash Seth- 13083 Twinkle Chadwa -13075 Vaibhav Rokade -13077 Vinit Pimputkar-13079 Sujyothi Bhandary-13071

3. Introduction Copyright  is a legal concept, enacted by most Governments The purpose of the project is to understand what is copyrights under Intellectual Property rights and its related articles in TRIPS. understand various aspects of Indian copyrights act with various case studies and caselets .

4. Contents(flow) IP Berne Convention,WIPO,TRIPS,Indian Contract Act Copyrights Comparison between TRIPS and Berne convention Related rights under TRIPS and INDIAN Contract Act Comparison between India and South Africa Statistics Conclusion

5. Intellectual Property Rights Refers to creations of the mind. Owner has an exclusive right of protecting his intangible property Countries have laws to protect intellectual property for two main reasons. to give statutory expression to promote, creativity and to encourage fair-trading

6. Nature of IPR Largely territorial rights except copyright . Have to be renewed from time to time. IPR can be held only by legal entities First recognized in Paris Convention for the Protection of Industrial Property  in 1883 and the  Berne Convention for the Protection of Literary and Artistic Works  in 1886 . Administered by the World Intellectual Property Organization (WIPO).

7. Berne Convention International agreement governing the area of copyrights accepted in Berne, Switzerland in 1886 . to recognize the work or creation of authors or artist from other signatory countries in the way as it recognizes the work from authors or artists from its country. For eg . French copyright law

8. WIPO ( World Intellectual Property Rights ) Self funding agency by UN Established in 1967 Developing a balanced and accessible international intellectual property (IP) system Helps in protecting rights of creators and owners Currently 186 Member States Core Tasks: Developing international IP laws and standards Encouraging the use of IP for economic development Promoting a better understanding of IP Providing a forum for debate

9. TRIPS ( TRADE RELATED INTELLECTUAL PROPERTY RIGHTS ) Sets down minimum standards for many IPR as applied to all the member nations of the WTO. came into force on 1 January 1995 It has expanded the scope of the agreement from goods to services and also includes Intellectual Property. TRIPS contains most of the Berne Convention rules . The Berne Convention, however, does not contain all of TRIPS' provisions

10. INDIAN COPYRIGHT ACT, 1957 The Copyright law in the country was governed by the Copyright Act of 1914, which was the extension of the British Copyright Act, 1911 Extent and commencement: It extends to the whole of India. It came into force on 21 st January ,1958 vide a notification no.269

11. COPYRIGHTS Copyright grants exclusive rights to the creators to control the copying and some other forms of exploitation of copyright material.  First Copyright Act was passed in 1914 . It protects only the   form of expression   of ideas, not the ideas . any creative work cannot be copied without the permission of the author/creator For eg . MF Hussain’s painting

12. The Da Vinci Code VS The Holy Blood and the Holy Grail A central principle of copyright is that it protects the expression of idea not the idea itself. Background Legal issues Judgement Significance And Finally…

13. USE OF COPYRIGHTS A Copyrighted work may be used or copied under certain conditions: Public domain-work belongs to the public as a whole ,works with an expired copyright or no existing protection Permission-prior approval for proposed use by the copyright owner Legal exception-use constitutes an exemption to copyright protection – Fair use-use for educational and non-commercial purpose with certain restrictions e.g. research, commentary, parody, teaching

14. CASELETS CASES UNDER FAIR USE- Fairuse is a doctrine in copyright which allows limited use of copyrighted material without permission. Case1- legal solution to photocopy row - Case -outcome -Significance

15. Exclusive rights to produce copies or reproductions of the work and to sell those copies to import or export the work to create derivative to perform or display the work publicly to sell or assign these rights to others to transmit or display by radio or video Eg . Mickey mouse

16. Rights Protected There are two types of rights under copyright . Moral -   the paternity right -the right to integrity Economic translate/adapt/arrange or otherwise reproduce - make it available to the public

17. CASE STUDY-CASE AGAINST MORAL RIGHTS Background Comparison Dishonesty Public vote on this Big vs Small: A matter of Justice for all

18. Limitations on Rights Works are excluded from protection if they are not fixed in tangible form The second category of limitations concerns particular acts of exploitation. ( a)  free use ( b) non-voluntary licenses .

19. CASELETS CASE2- rogers vs. Koons - Case -outcome -Significance

20. DURATION The European Union, the United States of America and several others have extended the term of copyright to 70 years after the death of the author . Whereas India have extended upto 60 years. The rationale behind this is after a certain time form part of the cultural heritage and thus be free for use .

21. DIFFERENCE BETWEEN TRIPS AND BERNE CONVENTION LAWS TRIPS requires member countries to grant copyright protection to computer programs and data compilations.    TRIPS does not require the protection of authors' moral rights. TRIPS allows for some flexibility in its implementation( eg : setting standards of protection, enforcement of rights) TRIPS requires member countries to provide effective sanctions for violations of copyrights

22. RELATED RIGHTS UNDER TRIPS Article 10 Computer Programs and Compilations of Data: Computer programs shall be protected as literary works under the Berne Convention the source code is the main working logic of any software program, this source code can be used for making similar programs by the competitors therefore source code or object code is protected as a literary work.

23. AMENDMENTS IN INDIAN COPYRIGHT, 1994 A comprehensive definition for "computer program" (absent in the previous Act) "computer program" means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium capable of causing a computer to perform a particular task or achieve a particular result“ protecting object code as well as source code

24. Article 14 Protection of Performers, Producers of Phonograms (Sound Recordings) and Broadcasting Organizations: Performers This right allows performers to prohibit the recording and broadcasting of their live performances without their consent . Producers of phonograms phonograms are protected by this law so that they can prohibit other people from copying, Broadcasting Organizations: Broadcasting organizations are provided the rights to authorize or prohibit re-broadcasting, fixation and reproduction of their broadcasts . Example: metallica v/s napster case

25. Article 12 Terms of Protection: The duration of the copyright validity must be at least 50 years.

26. AMENDMENTS IN INDIAN COPYRIGHT, 1999 Copyright Act to broadcasts and performances copyright protection extended upto 50 years from present 25yrs computed from the end of the calendar year in which the performance took place If an application for registration of copyright is filed by an applicant who is a member of either of the Conventions copyright protection would be afforded to the applicant automatically, there is no need for registration therefore .

27. Copyright Amendment Act, 2012 Statutory license for broadcasting of literary and musical works and sound recording , Section 31D to broadcast a literary or musical work and sound recording which has already been published ----by prior notice &payment Provisions to Apply in case of broadcast reproduction rights & performer’s right sec 39 Any work or performance that has been broadcast, no license to reproduce such broadcast shall be given Insertion of new sections 38A and 38B Exclusive Rights Of Performers Moral rights of the performer

28. RELATED RIGHTS UNDER TRIPS Article 11  Rental Rights: a member nation will provide authors and their successors in title the right to authorize or to restrict/prohibit the commercial rental to the public of originals or copies of their copyright work. For eg . HMV music

29. Penalty for Copyright Infringement in India Minimum punishment for infringement of copyright: Imprisonment for six months. With the minimum fine of Rs. 50000. If same act is repeated again then minimum punishment is: Imprisonment may extend to 3 years And fine of Rs. One lakh - two lakh Eg - sohail maklai entertainment

30. COMPARISON INDIA AND SOUTHAFRICA Items India South Africa   Duration of Copyright Life of author and then through end of year plus 60 years  Life of author and then through end of year plus 50 years  Moral Rights   yes yes Photos  Publication date through next January 1st plus 60 years  date through end of year plus 50 years. broadcast Broadcast date through end of year plus 25 years  date through end of year plus 50 years  Government works   Publication through end of year plus 60 years.  Publication through end of year plus 50 years

31. Statistics

32. Statistical data Top 5 economies in commercial Value of pirated pc software, 2012

33. Conclusion Right from statute of Anne to TRIPS copyrights Law has been developing and changing to provide better protection and stronger hold to the owners Recognition as a serious crime not only damaging creative potential but also causing economic loss awareness among people ,proper enforcement efficient copyright cells and copyright societies can bring down the infringement

34. THANK YOU