COPYRIGHT LAWCOPYRIGHT LAWCOPYRIGHT LAWCOPYRIGHT LAW

-MADHURI KULKARNI-MADHURI KULKARNI

PRUDENT LEGAL SOLUTIONS PRIVATE LIMITEDPRUDENT LEGAL SOLUTIONS PRIVATE LIMITED

• LITERARY AND ARTISITC WORKS

• MUSICAL WORKS AND CINEMATOGRAPH FILMS

• SCULPTURES AND ARCHITECTURAL WORKS

• DRAMATIC WORKS

• COMPUTER PROGRAMS AND DATABASES

• PAINTINGS, PHOTGRAPHS, DRAWINGS, MAPS, PLANS, ETC

CharacteristicsCharacteristics

The artist/author/owner/composer of The artist/author/owner/composer of the work has bestowed sufficient the work has bestowed sufficient judgement, skill and labour or capitaljudgement, skill and labour or capital

There is a material form of There is a material form of expression of ideasexpression of ideas

There is originalility in the manner There is originalility in the manner (form) of expression(form) of expression

All these features entitle the All these features entitle the author/owner/ composer with certain author/owner/ composer with certain rights under the Copyright Act, 1911.rights under the Copyright Act, 1911.

Meaning of copyright

• “Copyright" means the exclusive right to reproduce, publish, perform, translate, adapt, make copies, communicate, etc of

• (a) literary, dramatic or musical work• (b) artistic work• (c) cinematograph film• (d) sound record

Protection of copyrightProtection of copyrightREGISTRATION OF COPYRIGHTREGISTRATION OF COPYRIGHTCopyright Office (New Delhi, Kolkatta, Mumbai, Copyright Office (New Delhi, Kolkatta, Mumbai, Chennai)Chennai)Registrar of CopyrightsRegistrar of Copyrights

Procedure for registrationProcedure for registration

1. Application in prescribed format with fees1. Application in prescribed format with fees 2. Objections/inquiry2. Objections/inquiry 3. Registration (entry in the Register of Copyrights)3. Registration (entry in the Register of Copyrights)

Term of copyright

• Generally 60 years + life time of author/owner/artist

• 60 years from date of publication if published after death of author/owner/artist

• 25 years for performers• 60 years from date of publication

(photographs, films, records, etc)

Infringement of copyright

Copying and reproduction Communication/exhibition/

performance in public Translation/adaptation Selling copies/ giving on hire Distribution for trade

RemediesRemedies

• InjunctionInjunction

• DamagesDamages

• Account for profitAccount for profit

• Destruction of infringing copiesDestruction of infringing copies

Instances of applicability to Industrial Sector

• Industrial/engineering drawings - Are ‘Artistic Works’ - Copyright vests in product

drawing - The criteria for judgement is

‘sufficient performance of independent labour’

Brouchers/catalogues

A catalogue of items sold by a trader or list of products by a manufacturer is capable of copyright

Computer programsComputer programs

- a set of instructions, - a set of instructions, codes to perform a particular codes to perform a particular task or achieve a particular task or achieve a particular result.result.

- considered to be ‘literary - considered to be ‘literary works’ and entitled for protectionworks’ and entitled for protection

Names of industrial units

The artistic work in the name of the unit (a proprietory concern, a partnership firm or a company) can be protected

• Names of products/services The artistic work in the

name of the products/services can be protected

Commissioned worksCommissioned works

Works done at the instance of Works done at the instance of another belong to the provider of the another belong to the provider of the work (who pays consideration)work (who pays consideration)

Works made in the course of Works made in the course of employmentemployment

The employer is the first owner of The employer is the first owner of the works of employees/apprenticesthe works of employees/apprentices

INDUSTRIAL DESIGNS• Shape, design,

confuguration, pattern or ornamentation or form of appearance of an article are very important in shaping the buyers preference

• Visual appeal which distinguishes an article plays crucial role

• Though there is artistic work, it can qualify for registration either under the Copyright Act or Designs Act.

Conditions for a registerable design

• Original (and not previously published in India)

• Have visual appeal• Design must be applied to the

article (two dimensional or three dimensional)

• No prior publication

Registration of Design

Application - To the Controller of Designs - Application alongwith representation of the design and class in which the design is to be registered Acceptance/objections Hearing Registration

Rights of the Proprietor

Use Protection against piracy Term is 10 years from registration

Thank You

-MADHURI KULKARNIPRUDENT LEGAL SOLUTIONS PRIVATE LIMITED