Law of Copyrights and Infringement

© Brain League IP Services Pvt. Ltd.

Law of Copyrights and Infringement

By

Vikram Pratap Singh Thakur

Brain League IP Services

Agenda

• Basics about Copyrights

• Infringement

• Remedies

Philosophy of Copyright Law

• “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” Quid Pro Quo Gives a creative work and takes exclusive rights

Generic Life Cycle 

• Author

• Creative Work

• Copyright (Exclusive Rights)

• Term

• Public domain

Nature of Copyright 

• Idea/Expression

• Original Originate from author

• Modicum of Creativity 

• Registration

Copyrightable Subject Matter

• Literary

• Dramatic

• Artistic

• Musical

• Cinematograph Films

• Sound Recordings 

Literary work

• Print or Writing Books

• Poems

• Computer programs

• Tables

• Compilations

N. T. Raghunathan v. All India Reporter Ltd• AIR came up with head notes to case, which

included important excerpts from the case.

• Raghunathan copied those head notes.

• Held that head notes are protectable under copyright law - Copying them is violation of copyright

V. Govindan vs. E. M. Gopalakrishna Kone and another• Compilation of a English - Tamil Dictionary

• The Appellants copied the dictionary slavishly

• Errors, arrangement and words.

• For a different purpose but retained words not necessary

• Dictionary is protectable under copyright - creative

• Held - liable

Dramatic Work

• Drama

• Piece for recitation

• Choreographic work

• Entertainment in a dumb show Scenic arrangements or acting form - fixed in writing or  otherwise

Musical Work

• Music

• Graphical notation 

• Does not include - words or action - sung, spoken or performed  with music

Artistic Work

• Painting

• Sculpture

• Drawing

• Engraving

• Diagram

• Map

• Chart

• Plan

• Photograph

• Architecture

Cinematographic work 

• Visual recording

• Any medium

• Produced through a process

• Moving image

• Including Sound recording

Sound Recording

• Recording

• Any medium

• Produce sounds

R.G. Anand vs. Delux Films and Ors.

• Play

• Two families - Punjabi and Madrasi family - neighbours - Closely associated - Amni and Chander - Parents come to know - families relation strained - Girl and Boy decide to commit suicide - They write a letter - Parents on seeing letter realize the mistake - Marry them - Everyone happy.

R.G. Anand vs. Delux Films and Ors.

• Movie

• Anand young graduate from punjab comes to delhi - Fights with the girl 'Janaki'- Tries to find a place for rent but people refuse to give to any one except south Indians - Disguises as a south indian and gets a place to stay - Meets the girl Janaki again – falls in love - Boy's parents come to Delhi - Girl's parents get to know the identity of Anand - Relations strained - Janaki decides to commit suicide leaving a letter - Parents realize and get youngsters married.

R.G. Anand vs. Delux Films and Ors.

• Ideas not protected - Only Expression protected.

• It is infringement only if the expression of thought is copied.

• To prove copying it need not be an exact copy, It is enough if the substantial portion has been copied - Substantial similarity in incidents, scenes and treatment.

• Two works showing the same emotion would not be copies unless the expression has been copied.

• Colourable imitation amounts to violation.

R.G. Anand vs. Delux Films and Ors.

• Test - affect produced on the mind of a person - If the reader, spectator, person feels that a subsequent work is a copy of the original.

• There can be no copyright in an idea, subject matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and expression of the idea by the author of the copyrighted work.

Ownership

• First Owner – Author

• Sound recording and Cinematograph film – Producer

• Employment – Employer Contract of service

• Commissioned work Valuable consideration 

Term

• Literary, Dramatic, Artistic or Musical works Life plus sixty years

• Photographs – Sixty years

• Government - Sixty years

• Cinematographic work - Sixty years

• Sound recording – Sixty years

• Public undertaking – Sixty years

• Anonymous works Sixty years Owner details known, lifetime + sixty years

• Posthumous works Sixty years

Exclusive rights 

• Bundle of rights

• Reproduction

• Issue copies

• Distribute

• Public performance or communication

• Translation

• Adaptation

• Sell or Hire

Moral Rights 

• Paternity - authorship

• Integrity - prevent distortion, mutilation, modification

• Section 57 

Performer's rights

• Actor, Musician, Juggler, Snake charmer, Acrobat, Lecturer, etc

• Term - 50 years

• Rights Make sound recording or visual recording Reproduce sound or visual recording of performance Communicate to public Broadcast or otherwise 

Transfer of Copyright

• Assignment or License 

• Valid only if it is in writing and signed by assignor or agent

• Reversion of License - 1 year

Compulsory License 

• Conditions Published or Performed in public Author refuse to republish or perform Not reasonable terms Withheld from public

Infringement

• Section 51

• Any person

• Without license Owner Registrar

• Does anything that is exclusive right of copyright owner 

• permits for profit any place to be used for the communication of the work

Infringement

• Any person makes for sale or hire, sells or lets for hire, displays or offers for sale or hire. Distributes Exhibits Imports

Infringement

• Existence of copyright

• Owner of copyright Copying Access Substantial similarity 

• D Narayan Rao v. V. Prasad– Two and a half minute speech in a three hour movie

• Look and feel test

Bradford v. Sahara

• Romance novelist Barbara Taylor Bradford - A Woman of Substance

• Sahara TV - 260 PART Television series in India

• Karishma - Miracles of Destiny - 13 million dollars USD

• Servant to head of an international organization

• Street sweeper to head of an international corporation

• Woman looking back on her life narrates

• Idea not expression - Held not liable

Exception to copyright infringement

• Private use

• Teaching and Education

• Research

• Criticism or Review

• News reporting

• Judicial proceeding

• Legislative proceedings

• Archival for library

Civil Remedies 

• Injunction

• Damages

• Costs

Criminal Remedies

• Imprisonment 6 months to 3 years

• Fine 50,000 - 2 Lakhs

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