COPYRIGHTS - PPT 01.12.2023 part- 2.pptx

RRRCHAMBERS 61 views 98 slides May 01, 2024
Slide 1
Slide 1 of 98
Slide 1
1
Slide 2
2
Slide 3
3
Slide 4
4
Slide 5
5
Slide 6
6
Slide 7
7
Slide 8
8
Slide 9
9
Slide 10
10
Slide 11
11
Slide 12
12
Slide 13
13
Slide 14
14
Slide 15
15
Slide 16
16
Slide 17
17
Slide 18
18
Slide 19
19
Slide 20
20
Slide 21
21
Slide 22
22
Slide 23
23
Slide 24
24
Slide 25
25
Slide 26
26
Slide 27
27
Slide 28
28
Slide 29
29
Slide 30
30
Slide 31
31
Slide 32
32
Slide 33
33
Slide 34
34
Slide 35
35
Slide 36
36
Slide 37
37
Slide 38
38
Slide 39
39
Slide 40
40
Slide 41
41
Slide 42
42
Slide 43
43
Slide 44
44
Slide 45
45
Slide 46
46
Slide 47
47
Slide 48
48
Slide 49
49
Slide 50
50
Slide 51
51
Slide 52
52
Slide 53
53
Slide 54
54
Slide 55
55
Slide 56
56
Slide 57
57
Slide 58
58
Slide 59
59
Slide 60
60
Slide 61
61
Slide 62
62
Slide 63
63
Slide 64
64
Slide 65
65
Slide 66
66
Slide 67
67
Slide 68
68
Slide 69
69
Slide 70
70
Slide 71
71
Slide 72
72
Slide 73
73
Slide 74
74
Slide 75
75
Slide 76
76
Slide 77
77
Slide 78
78
Slide 79
79
Slide 80
80
Slide 81
81
Slide 82
82
Slide 83
83
Slide 84
84
Slide 85
85
Slide 86
86
Slide 87
87
Slide 88
88
Slide 89
89
Slide 90
90
Slide 91
91
Slide 92
92
Slide 93
93
Slide 94
94
Slide 95
95
Slide 96
96
Slide 97
97
Slide 98
98

About This Presentation

COPYRIGHTS


Slide Content

1 COPYRIGHTS RRR CHAMBERS Email ID- [email protected]

2 COVERAGE PART 1 โ€“ LEGAL & ACADEMIC PROVISIONS. PART 2 โ€“ REGISTRATION OF COPYRIGHTS. PART 3 โ€“ RIGHTS & REMEDIES, PUNISHMENTS & PENALTIES PART 4 โ€“ ROLE OF ACADEMICIANS. RRR Chambers - [email protected]

COPYRIGHT TERM FOR MUSICAL WORKS 3

4 COPYRIGHT TERM FOR MUSICAL WORKS Copyright protection for musical works in India typically lasts for the lifetime of the composer plus an additional 60 years from the beginning of the calendar year following the composer's death. RRR Chambers - [email protected]

Letโ€™s have look at the Answer!! 5

Lifetime of the composer plus an additional 50 years Lifetime of the composer plus an additional 60 years 50 years from the date of first publication 75 years from the date of creation The Correct option is (b) 6 What is the standard copyright term for musical works in India? RRR Chambers - [email protected]

GUESS WHICH CATEGORY OF COPY RIGHT DOES IT FALLS? 7

8 WHAT IS A SOUND RECORDING? RRR Chambers - [email protected]

9 IDENTIFY THIS TUNEโ€ฆ

10 WHAT IS A SOUND RECORDING? "Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings. RRR Chambers - [email protected]

11 LISTEN TO THIS TUNE

12 IS THE TUNE COPYCATTED

ANSWER :SOUND RECORDING 13

Right to control live performances of the recording Right to sell or give on hire, or offer for sale or hire, any copy of the sound recording Right to control the lyrics and musical composition Right to dictate the volume levels during playback 14 What rights are typically granted to authors of sound recordings? RRR Chambers - [email protected]

WHAT ARE THE RIGHTS IN A SOUND RECORDING? 15

16 WHAT ARE THE RIGHTS IN A SOUND RECORDING? In the case of sound recording, copyright means the exclusive right To make any other sound recording embodying it To sell or give on hire, or offer for sale or hire, any copy of the sound recording To communicate the sound recording to the public RRR Chambers - [email protected]

Letโ€™s have look at the Answer!! 17

Right to control live performances of the recording Right to sell or give on hire, or offer for sale or hire, any copy of the sound recording Right to control the lyrics and musical composition Right to dictate the volume levels during playback The Correct Option is (b) 18 What rights are typically granted to authors of sound recordings? RRR Chambers - [email protected]

Lifetime of the artist or performer plus an additional 50 years 60 years starting from the year which follows the year in which the work was published first. 50 years from the date of the sound recording's first publication 75 years from the date of creation 19 What is the standard copyright term for sound recordings in India?

COPYRIGHT TERM FOR SOUND RECORDING 20

21 COPYRIGHT TERM FOR SOUND RECORDINGS 60 years. The term of protection starts from the year which follows the year in which the work was published first. RRR Chambers - [email protected]

Letโ€™s have look at the Answer!! 22

Lifetime of the artist or performer plus an additional 50 years 60 years starting from the year which follows the year in which the work was published first. 50 years from the date of the sound recording's first publication 75 years from the date of creation The Correct option is (c) 23 What is the standard copyright term for sound recordings in India? RRR Chambers - [email protected]

GUESS WHICH CATEGORY OF COPY RIGHT DOES IT FALLS? 24

25 WHAT IS A CINEMATOGRAPH FILM? RRR Chambers - [email protected]

26 WHAT IS A CINEMATOGRAPH FILM? "Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films. RRR Chambers - [email protected]

ANSWER : CINEMATOGRAPH FILM 27

WATCH THISโ€ฆ 28

Right to dictate which actors are cast in the film Right to control the camera angles during screenings To make a copy of the film including a photograph of any image forming part thereof Right to choose the film's title 29 What rights are typically granted to authors of cinematographic recordings? RRR Chambers - [email protected]

WHAT ARE THE RIGHTS IN A CINEMATOGRAPH FILM? 30

31 WHAT ARE THE RIGHTS IN A CINEMATOGRAPH FILM? In the case of a cinematograph film, copyright means the exclusive right To make a copy of the film including a photograph of any image forming part thereof To sell or give on hire or offer for sale or hire a copy of the film To communicate the cinematograph film to the public RRR Chambers - [email protected]

Letโ€™s have look at the Answer!! 32

Right to dictate which actors are cast in the film Right to control the camera angles during screenings To make a copy of the film including a photograph of any image forming part thereof Right to choose the film's title The Correct option is (c) 33 What rights are typically granted to authors of cinematographic recordings? RRR Chambers - [email protected]

Lifetime of the director plus an additional 50 years Lifetime of the director plus an additional 70 years 60 years starting from the year which follows the year in which the work was published first. 75 years from the date of creation of the cinematographic work 34 What is the standard copyright term for cinematographic works in India? RRR Chambers - [email protected]

COPYRIGHT TERM FOR CINEMATOGRAPHIC WORKS 35

36 COPYRIGHT TERM FOR CINEMATOGRAPHIC WORKS 60 years. The term of protection starts from the year which follows the year in which the work was published first. RRR Chambers - [email protected]

Letโ€™s have look at the Answer!! 37

Lifetime of the director plus an additional 50 years Lifetime of the director plus an additional 70 years 60 years starting from the year which follows the year in which the work was published first. 75 years from the date of creation of the cinematographic work The Correct option is (c) 38 What is the standard copyright term for cinematographic works in India? RRR Chambers - [email protected]

The government and its agencies Authors, creators, and original content producers Corporations and big businesses Everyone who uses copyrighted material 39 Whose rights are protected by copyrights? RRR Chambers - [email protected]

WHOSE RIGHTS ARE PROTECTED BY COPY RIGHTS? 40

41 WHOSE RIGHTS ARE PROTECTED BY COPYRIGHT? RRR Chambers - [email protected]

42 WHOSE RIGHTS ARE PROTECTED BY COPYRIGHT? Copyright protects the rights of authors , i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings. 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. RRR Chambers - [email protected]

Letโ€™s have look at the Answer!! 43

The government and its agencies Authors, creators, and original content producers Corporations and big businesses Everyone who uses copyrighted material The Correct option is (b) 44 Whose rights are protected by copyrights? RRR Chambers - [email protected]

PART B : REGISTRATION AND ASSIGNMENT OF COPY RIGHT 45

46 Who can apply? Individual, Firm, Company, Government University Institution ย  RRR Chambers - [email protected]

47 Who may represent the applicant Registered Trademarks Agent Advocate Constituted Attorney(Authorized Person) Professionals-Company Secretary In Practice RRR Chambers - [email protected]

48 Copyright Office RRR Chambers - [email protected]

49 PROCEDURE FOR REGISTRATION OF A COPY RIGHT RRR Chambers - [email protected]

50 PROCEDURE FOR REGISTRATION OF A COPY RIGHT STEP:1 File an Application. STEP:2 The examination the copyright application takes place. STEP:3 Response STEP:4 In this process can be termed as registration . RRR Chambers - [email protected]

51 ย  ย  RRR Chambers - [email protected]

52 REGISTRATION PROCESS Access the official website https://copyright.gov.in/ ย Visit the Official website of the Copyright Office.ย Log in with your valid User ID and Password . If you still need to register, click on โ€œ New User Registration. Make sure to note down your User ID and Password for future reference. RRR Chambers - [email protected]

53 REGISTRATION PROCESS โ€ฆ contd 2. Submission of Application FILLING FORMAT : prepared in the prescribed format . LOGIN : logging in, The online โ€œCopyright Registration Form โ€ SAVE : Fill out Form , then โ€œSAVEโ€ COPY : Prepare a scanned copy of your signature Complete : The โ€œ Statement of Particulars โ€ and click โ€œSAVEโ€ Make Payment : Use the Internet Payment Gateway to make the required payment. NOTE : Itโ€™s important to note that a separate application is necessary for each distinct work . Additionally, the applicant and an Advocate holding a Vakalatnama or a Power of Attorney (POA) must sign every application. RRR Chambers - [email protected]

54 REGISTRATION PROCESS โ€ฆ contd 3. Dairy Number Issuance Upon receiving the application, the registrar will issue a Dairy Number, marking the initiation of the copyright registration process. Subsequently, there is a mandatory 30-day waiting period for any potential objections to be submitted. RRR Chambers - [email protected]

55 REGISTRATION PROCESS โ€ฆcontd 4. Copy Right Objection Handling If no objections are raised within 30 days , a scrutinizer will assess the application for any discrepancies . If no differences are found, the registration will proceed, and an extract will be provided to the registrar for entry into the Register of Copyright . 5. Objection Resolution If objections are received , both parties will receive a notification from the examiner outlining the objections. A hearing will be arranged to address these objections. RRR Chambers - [email protected]

56 REGISTRATION PROCESS โ€ฆcontd 6. Application Scrutiny Following the hearing and the resolution of objections , the scrutinizer will meticulously review the application if applicable. Subsequently, they will either approve or reject the application, depending on the specific circumstances . 7. Copyright Registration Certificate Once the application is approved , the relevant authority will issue the copyright registration certificate . In the usual course of events, the entire process typically takes approximately 2 to 3 months to complete. RRR Chambers - [email protected]

57 REGISTRATION PROCESS โ€ฆcontd 8. Checking the Status of Copyright Registration Application To verify the status of your Copyright registration application, follow these simple steps: Visit the website of the Copyright registrar and locate the โ€œ Status of Applicationโ€ section. Provide the diary number you received upon submission , which is also referred to as the acknowledgment number . Submit this information, and you will receive the current status of your application. RRR Chambers - [email protected]

58 CHECK LIST CHECK LIST FOR FORM XV ย  The application should be supported by the following documents ย  a) Applicant should send copy of Form-XV, SOP along with fee as prescribed in Schedule.II b) Original Power of Attorney (specific for the purpose (If application is filed through Attorney) c) Notarised Copy of Deed , if any (Assignment / Partnership / Dissolution etc.) d) An affidavit to the effect that โ€˜No Case โ€™ is pending in any court of law relating to ROC in question RRR Chambers - [email protected]

59 CHECK LIST โ€ฆcontd e) Attested Copy of Death Certificate (If the original copyright holder is deceased) Notarised Copy( ies ) from Extract of ROCs along with the Works f) Column No. 2 to Column No. 4 of Extract from ROC cannot be changes. Request may be sent for change in entry in column No. 8 to Column 13 of ROC . ย  g) Application should be signed by the applicant only RRR Chambers - [email protected]

THERE ARE ANY INSTRUCTIONS FOR REGISTRATION OF A COPY RIGHTS??? 60

61 INSTRUCTION FOR REGISTRATION Enter your valid User ID and Password to login. Click onto ย New User Registration , if you have not yet registered. Note down User ID and Password for future use. After login, click on to linkย  โ€œ Click for online Copyright Registration โ€ . The onlineย  โ€œ Copyright Registration Form โ€ ย is to be filled up in four steps Complete the Form XIV , then press SAVE button to Save entered details, and press Step 2 to move to Next Step. Signature ย  to be scanned in 512 KB and kept ready for uploading. Fill up the Statement of Particulars , and then press SAVE button to Save entered details, and press Step 3/4 to move to Next step RRR Chambers - [email protected]

62 INSTRUCTIONS FOR REGISTRATIONS โ€ฆ contd IV. Fill-up the Statement of Further particulars . This form is applicable for โ€œLITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWAREโ€ works, and then press SAVE button to Save entered details, and press Step 4 to move to Next Step . V. Make the payment through Internet Payment gateway 6. After successful submission of the form, Diary Number will be generated ( Please note it for future reference ). 7 I. Artistic Work to be uploaded in pdf/jpg format. II. Sound Recording Work to be uploaded in mp3 format. III. Literary/Dramatic, Music and Software * Work to be uploaded in pdf format, less than 10 MB, keep ready. RRR Chambers - [email protected]

63 INSTRUCTION FOR REGISTRATIONS โ€ฆcontd * Pdf containing at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions. Please take 1 hard copy (print) ofย  โ€œAcknowledgement Slipโ€ and 1 hard copy (print) ofย  โ€œCopyright Registration Formโ€ and send it by post to copyright office. RRR Chambers - [email protected]

WHAT ARE THE FORMS FOR COPYRIGHTS??? 64

65 FORMS SL.NO FORM NAME 1 Application Form for Registration of Copyright (Form-XIV) Form-XIV-Registration_of_Copyright.doc (live.com) 2 Application Form for Registration of changes in Particulars of Copyright (Form-XV) Form_XV_and_Check_list.doc (live.com) 3 Application Form for the Relinquishment of Copyright (Form-I) Copyright-Forms-I.doc (live.com) 4 Proforma for discrepancy letter Proforma_Discrepency_Letter.doc (live.com) RRR Chambers - [email protected]

66 FORMS-XIV FORM XIV ย  Application of registration of copy right ย  To, ย  The Registrar of Copyrights, Copyright Office, Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110078 Phone: 011-28032496 ย  ย Sir, ย  In accordance with section 45 of the Copyright Act, 1957 (14 of 1957) , I hereby apply for registration of copyright and request that entries may be made in the Register of Copyrights as in the enclosed statement of Particulars sent herewith. RRR Chambers - [email protected]

67 FORM XIV โ€ฆcontd I also send herewith duly completed the statement of further particulars relating to the work. ย  In accordance with rule 70 of the Copyright Rules, 2013 , I have sent by pre-paid registered post copies of this letter and of the enclosed statement(s) to the other parties concerned, as shown below: ย  Names and addresses of the parties Date of Dispatch 1 2 The prescribed fee has been paid, as per details below: ย  ย  4. Communications on this subject may be addressed to: ย  RRR Chambers - [email protected]

68 FORM XIV โ€ฆcontd 5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me. ย  6. I hereby verify that the particulars given in this Form and the Statement of Particulars and ย  Statement of Further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom. ย  7. List of enclosures: ย  Yours faithfully ย  Place: โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ. (Signature of the Applicant) Date: โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ RRR Chambers - [email protected]

69 FORM-XIV โ€ฆcontd STATEMENT OF PARTICULARS https://copyright.gov.in/frmformsDownload.aspx ย  1. Registration number : ( To be filled in the Copyright Office ) ย  2. Name, Address and Nationality of the Applicant : Applicant may be individual/firm / company/government/university/institution . Also give the complete address and nationality. ย  3. Nature of the applicantโ€™s interest in the copyright of the work: Applicant may be Author/Owner/Publisher/Composer/Producer/Artist. ย  4. Class and description of the work : Please indicate the appropriate class of work from the following categories: ย  Literary / Artistic / Cinematograph Film / Sound Recording / Music. ย  5.Title of the work: Please mention the title of the work. The work to be registered for copyright must have a title which should be short and identical with the work. ย  RRR Chambers - [email protected]

70 FORM-XIV โ€ฆcontd 6. Language of the work: Mention all the languages used in the work. In the absence of any script in the work, indicate โ€˜nilโ€™. In case of Computer Software please mention software language instead of โ€˜English โ€™. ย  7 . Name, address and nationality of the author and, if the author is deceased, the date of his decease: Please furnish Name/Address/Nationality of the author. Here โ€˜Authorโ€™ means person(s) who has/have actually created the work. Authors may be more than one. ย  The Firm itself cannot be the author of a work except in case of Cinematograph Film and Sound Recording category. ย  If the author of the work is other than the applicant , a No Objection Certificate, in original from the author(s) (clearly indicating that he has no objection if the copyright in the work is registered in the name of the applicant) should be submitted . In case the author is partner/proprietor/employee of the applicant firm , the same may be indicated in the application. ย  If the author is deceased , please mention the date of decease and also submit a notarized affidavit regarding inheritance of right(s) /NOC from all the legal heirs of the deceased author in favors of the applicant ย  RRR Chambers - [email protected]

71 8. Whether work is Published or Unpublished: Mention whether the work is published or unpublished . ย  9. Year and country of first publication and name, address and nationality of the publishers: If the work is published , indicated the year/country of first publication/ name/ address/ nationality of the publisher(s). ย  If the work is published by a person/firm other than the applicant, a No Objection Certificate , in original , may be obtained from that person/firm and enclose with application. ย  Years and countries of subsequent publications, if any, and names, addresses and nationalities of the publisher: If the work has an any subsequent publications, indicated the year/country of first publication/name/address/nationality of the publisher(s). ย  FORM-XIV โ€ฆcontd RRR Chambers - [email protected]

72 11.Names, address and nationalities of the owners of the various rights comprising the Copyright in the work and the extent of rights held by each, together with particulars of assignment and licenses, if any: The name, address & nationality of the person(s) who hold(s) the various rights comprising the copyright in the work are required to be mentioned . In case the applicant himself intends to hold all the rights in the work, his particulars as already given against Col.2 may be mentioned. In case the applicant is a partnership firm , the names of all the partners and their respective shares in the copyright may be indicated. ย  12 . Names, addresses and nationalities of other persons, if any, authorized to assign or license the rights comprising the copyright: If the author intends to authorize other person(s) to assign or license the copyright on his behalf, the name, address and nationality of such person may be indicated. If not, please indicate โ€˜nilโ€™ against this column. ย  13. If the work is an โ€œartistic workโ€, the location of the original work, including name, address and nationality of the person in possession of the work. (In the case of an architectural work, the year of completion of the work should also be shown): FORM-XIV โ€ฆcontd RRR Chambers - [email protected]

73 14. If the work is an โ€˜artistic workโ€™ which is used or is capable of being used in relation to any goods or services, the application shall include a certificate from the Registrar of Trade Marks in terms of the proviso to sub-section (1) of section 45 of the Copyright Act, 1957.]: As per Rule 70 (6) a Search Certificate from The Trade Marks Registry is mandatory if the artistic work is to be used or capable of being used in relation to any goods, irrespective of whether trade mark is registered or not. Otherwise, clearly state that the work is neither used nor capable of being used in relation to any goods. ย  15. If the work is an โ€œartistic workโ€ whether it is registered under the Designs Act 2000. If yes give details : ย  16. If the work is an โ€œartistic workโ€ capable of being registered as a design under the Designs Act 2000, whether it has been applied to an article though an industrial process and , if yes, the number of times it is reproduced : 17. Remarks, if any. FORM-XIV โ€ฆcontd RRR Chambers - [email protected]

74 FORMS-XV ย  FORM โ€“ XV Application for registration of changes in the particulars of copyright entered in the Register of Copyrights [ See rule 70 ] To, ย  The Registrar of Copyrights, Copyright Office, Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110078 Phone: 011-28032496 ย  RRR Chambers - [email protected]

75 FORM-XV โ€ฆcontd Sir, In accordance with rule 71 of the Copyright Rules, 2013, I hereby apply for registration of changes in the particulars of copyright entered in the Register of Copyrights and request that changes in the existing entries may be made as specified in the enclosed statement of particulars. 2. I have sent by registered post copies of this letter and of the statement of particulars to the other parties concerned* as shown below: _____________________________________________________________________ Names and addresses of parties Date of dispatch _____________________________________________________________________ * See columns 7, 11, 12 and 13 of Register of Copyrights RRR Chambers - [email protected]

76 The prescribed fee has been paid, as per details below: ย  ย  4. Communications on this subject may be addressed to: ย  ย  5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me. ย  6. I hereby verify that the particulars given in this Form and the Statement of Particulars and ย  Statement of Further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom. ย  ย  FORM-XV โ€ฆcontd Yours faithfully Place........................... (Signature of Applicant ) Date.................................. RRR Chambers - [email protected]

77 FORM-XV โ€ฆcontd STATEMENT OF PARTICULARS 1. Registration number in the Register of Copyrights. 2. Changes sought in the particulars of copyrights-as entered in the Register of Copyrights ____________________________________________________________________________ Existing entry in the Proposed entry in Reasons for the ย ย ย Reference to Column number Register of Place of the existing changes ย ย ย  ย ย ย ย Of The Register of ย ย Copyrights entry in the Register proposed ย ย ย ย Copyrights of Copyrights ___________________________________________________________________________ ย 1ย ย ย ย  2ย ย ย ย ย ย ย ย ย  ย 3ย ย ย ย ย ย ย ย ย ย ย ย ย  4 ____________________________________________________________________________ ย  RRR Chambers - [email protected]

78 FORM-XV โ€ฆcontd Note: - Where the changes proposed are consequent on assignment or licences of copyright, attested copies of the deeds of assignments or licences should be enclosed. ย  3. List of enclosures. ย  Place.................................... ย  Date..................................... ( Signature) RRR Chambers - [email protected]

โ€œABHIJYATAMโ€ โ€“ IS IN PROCESS 79

80 RRR Chambers - [email protected]

81 RRR Chambers - [email protected]

82 RRR Chambers - [email protected]

83 Fees of Copy Right RRR Chambers - [email protected]

84 Fees of Copy Right RRR Chambers - [email protected]

85 PART 3 โ€“ RIGHTS & REMEDIES , PENALTIES & PUNISHMENTS

IS COPY RIGHT ASSIGNABLE? 86

87 IS COPYRIGHT ASSIGNABLE? RRR Chambers - [email protected]

88 IS COPYRIGHT ASSIGNABLE? Yes. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof. RRR Chambers - [email protected]

MODE OF ASSIGNING COPYRIGHT 89

90 MODE OF ASSIGNING COPYRIGHT (Section 19) It shall be in writing signed by the assignor or by his duly authorised agent . It shall i dentify the specific works and specify the rights assigned and the duration and territorial extent of such assignment. It shall also specify the amount of royalty payable , if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties. RRR Chambers - [email protected]

91 SECTION 63 - OFFENCE OF INFRINGEMENT OF COPYRIGHT OR OTHER RIGHTS CONFERRED BY THIS ACT Any person who knowingly infringes or abets the infringement ofโ€” (a) the copyright in a work, or (b) any other right conferred by this Act 1[except the right conferred by section 53A], shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to three years and with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees: Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. RRR Chambers - [email protected]

WHAT ARE THE POPULAR SUPREME COURT CASES ON COPY RIGHTS?? 92

93 SUPREME COURT CASES SOME OF THE POPULAR SUPREME COURT CASES IN INDIA *The IPRS vs. Aditya Pandey Case:* This case dealt with the issue of royalty collection by the Indian Performing Right Society (IPRS) and the rights of authors and composers. The Supreme Court provided important insights into the functioning of copyright societies. 2. *The Entertainment Network (India) Ltd. vs. Super Cassettes Industries Ltd. (T-Series) Case:* This case revolved around copyright infringement issues in the music industry. The Supreme Court's ruling had implications for the broadcasting and entertainment sectors. RRR Chambers - [email protected]

94 SUPREME COURT CASES 3. *The Krishika Lulla vs. Shyam Vithalrao Devkatta Case:* This case involved the protection of copyrights in the film industry, specifically concerning the film "Happy Ending." The Supreme Court provided guidance on copyright ownership and protection. 4. *The R.G. Anand vs. M/s. Deluxe Films Case:* This landmark case addressed the adaptation of literary works into films and the scope of copyright protection in such adaptations. RRR Chambers - [email protected]

PART 4 โ€“ ROLE OF ACADEMICIANS 95

WHAT IS THE ROLE OF ACADEMICIANS IN COPYRIGHTS??? 96

97 WHAT IS THE ROLE OF ACADEMICIANS IN COPYRIGHTS??? To teach the professionals. To train them To register copyrights for their own books Publications To advise on vetting of copyright assignment deed To do research on Copyrights RRR Chambers - [email protected]

THANK YOU 98 RRR Chambers - [email protected]
Tags