copyrights law india

7/29/2019 copyrights law india

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Group 1Misha Rawal : 106

Ujjwal Gupta : 107

Anurag Anwariya:108Suveer Malhotra : 109

Vipul Jain : 110Gaurav Singh : 111


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Intellectual property (IP) is a legal conceptwhich refers to creations of the mind for

which exclusive rights are recognized.

Under intellectual property law, owners aregranted certain exclusive rights to a variety

of intangible assets, such as musical, literary,

and artistic works; discoveries and

inventions; and words, phrases, symbols, anddesigns.


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Common type of IntellectualProperty Rights

Patents

Trade marks

Geographical denominations

Industrial designs

Copyright


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Copyright is a legal term describing the economic rights givento the creators of Literacy

Dramatics

Artistic works

Producer of cinematograph films

Sound recording Copyrights includes the right to reproduce the work, to make

copies and to perform or display the work publicly.

Copyrights offer essentially the only protection for music ,films,

and other works of cultural value.

With the development of new forms of expression, thesecategories have expanded to include the Computer programsand sound recoding .


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THE PRIMARY FUNCTION OF COPYRIGHT is to

protect from annexation

By other people, the fruits of a mans

work, labour, skill or taste.This protection is given by making it

unlawful as an infringement of

copyright to reproduce or copy any

literary, dramatic, musical or artistic

work without the consent of the owner

of the copyright in that work.


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Introduction:-

The concept of copyright and neighboring rights have

assumed significance due to scientific ,economic ,social ,

political and legal environment in the entire world.

HISTORICAL EVOLUTION OF COPYRIGHT LAW

-confined to books only

-Worlds First Copyright Law was passes in 1709 in England

-Thereafter in 1911 by name Copyright Act,1911

COPYRIGHT LAW IN INDIA

-first act was passed in 1914

-this act was based on the act of 1911

-the act of 1914 underwent revision due to advent of

advancement of Science and Technology

-thereafter the copyright of 1957 was passed.


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Artistic work - An artistic work means

A painting, a sculpture, a drawing (including a diagram, map, chart

or plan), an engraving or a photograph, whether or not any suchwork possesses artistic quality;

A work of architecture; and

Any other work of artistic craftsmanship.

Musical work

"Musical work" means a work consisting of music

includes any graphical notation of such work but does not includeany words or any action intended to be sung, spoken or performedwith the music.

A musical work need not be written down to enjoy copyrightprotection

Sound recording "Sound recording" means a recording of sounds from which

sounds may be produced regardless of the medium on which suchrecording is made or the method by which the sounds areproduced

. A phonogram and a CD-ROM are sound recordings.


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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

Government work - "Government work" means a work which ismade or published by or under the direction or control of

The government or any department of the government

Any legislature in India, and

Any court, tribunal or other judicial authority in India.


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According to the Copyright Law enacted underthe Copyright Act, 1957, An author is :-

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


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Sec 22 to 29 of the Copyright Act,1957 deal with this

aspect:-

Term varies as per the-

-Nature of the work , or

-Whether author is natural/legal person,

-whether work is anonymous or pseudonymous

In case of-

Literary , Dramatic , Musical or Artistic Works;

-term is for lifetime and thereafter for 60 years;

-Joint Owners-60 years starts after death of last owner,

Anonymous/Pseudonymous works-

-60 Years from the year of publication

-If identity disclosed , term extended to 60 years afterthe death of the author.


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Photographs-

-60 years from the year of publication

Cinematograph film--60 years from the year of publication

Government undertaking-


International organization60 years from the year of publication

Performers right


Broadcasting Reproduction Rights-



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LITERARY,DRAMATICS AND MUSICAL WORK:-

a)To reproduce or store the work

b)To issue copies to the public

c)To perform the work in public

d)To make cinematograph film or sound recording

e)To make translation of the work.

f)To make adaptation of the work.


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ARTISTIC WORK:-

a)To reproduce the work.

b)To communicate the work to public.c)To include the work in cinematograph film.

d)To make adaptation of the work.

CINEMATOGRAPH FILM:-

a)To make copies of the film

b)To sell or give on hire a copy of the film

c)To communicate the film to the public.

SOUND RECORDING:-a)To make any other sound recording embodying

it.

b)To sell or give on hire a copy of the sound

recording.


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The Act defines 'Broadcast' as communication to thepublic by any means of wireless diffusion, whether inany one or more of the forms of signs, sounds orvisual images; or by wire.

Every broadcasting organization has special rightswith respect to its broadcasts and these rights areknown s as broadcast reproduction rights.

The broadcasting organization has the exclusive rightto:

1). re-broadcast the broadcast;2). cause the broadcast to be heard or seen by the

public on payment of any charges;

3). make any sound recording or visual recording ofthe broadcast;


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4). make any reproduction of such soundrecording or visual recording where suchinitial recording was done without license or,where it was licensed, for any purpose not

envisaged by such license and5). sell or hire to the public, or offer for

such sale or hire, any sound recording orvisual recording of the broadcast.

This right subsists until 25 years from thebeginning of the calendar year next followingthe year in which the broadcast is made.


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Communication to the public means making anywork available for being seen or heard orotherwise enjoyed by the public directly or byany means of display or diffusion.

It is not necessary that any member of the publicactually sees, hears or otherwise enjoys thework so made available.

For example, a cable operator may transmit acinematograph film, which no member of thepublic may see. Still it is a communication to the

public. The fact that the work in question is accessible

to the public is enough to say that the work iscommunicated to the public.


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An author is entitled to claim his moral rights evenafter the assignment of his copyrights.

Kinds Of Moral Rights:-

a).Right Of Paternity (Droit de paternite)

-An author has a right to claim authorship of his work

and can prevent all others from claiming authorship

of his work.

-He can also demand to include his name to appear inall the copies of his work at appropriate place.

I


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b)Right of Integrity( Droit de respect deloeuvre )

-An author has a right to prevent distortion ,mutilation or other alteration of his work , etc.,

which would be prejudicial to his honour and

reputation.

-It is essential where a license or assignment has

been granted to adapt or alter the work in some

way, e.g. . Novel into play, play in film, etc.


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Is it necessary to register a work to claim copyright?

No. Acquisition of copyright is automatic and it doesnot require any formality.

Registration is optional and not mandatory

It is not a pre-requisite condition to claim Copyrights.

However, certificate of registration of copyright and theentries made therein serve asprima facie evidence in acourt of law with reference to dispute relating toownership of copyright.

ABHISHEK WALIA V/S SHREY PUBLISHING (1987)


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Copyright Office:-Sec.9

Copyright Office is at New Delhi, which is under thecontrol of Registrar of Copyright, which is under the

control and supervision of Central Government.

Registrar and Deputy Registrar:-appointed by theCentral Government. They posses certain powers of

the civil court.


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The author or the publisher ,etc. may apply for registration to the

Registrar in Form IV along with prescribed fees. Separate applications should be made for registration of each work.

Each application should be accompanied by the requisite feeprescribed in the second schedule to the Rules

The applications should be signed by the applicant or the advocatein whose favour a Vakalatnama or Power of Attorney has beenexecuted.

The Power of Attorney signed by the party and accepted by theadvocate should also be enclosed.

Each and every column of the Statement of Particulars andStatement of Further Particulars should be replied specifically.

The applicant is required to give a notice of his application toevery interested person to invite for any objection.

If no objection are received within 30 days of the notice , theRegistrar, if satisfied that the contents of the application if correct, enter the contents in the register of Copyright.


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If a person uses any of the rights without thepermission of author it is said to be the

infringement of copyrights.

INFRINGEMENT OF COPYRIGHTS BY COPYING:-

Copying can be done in three ways:-1.Direct Copying:-Reproduction of the authors

work falls under this category .

-But difficulty may arise if the infringer instead

of copying the entire work may copy some

portion of the copyrighted material.

LANDBROKE V/S WILLIAM HILL


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2.INDIRECT COPYING:-Means copying the workof a person by changing its form .Eg. If the

work in a drawing has been copied by the 3

dimensions by the Defendants, or if the novel

is turned in to stage play which in turn

converted in to a ballet.

3.SUBCONSCIOUS COPYING:-This copying may occur subconsciously where a

person reads ,sees or hears a work , forgets

about it but then reproduce it , genuinely

believing it to be his own.


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R.C Anand v Delux Films

(1) No copyright in an idea. Violation

ofcopyright confined to form, manner and

arrangement, as well as expression ofidea by the author

(2) Where same idea developed in different

manner, similarities happen. Court to rule

on whether similarities are merelysubstantial or fundamental


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(3)Safest Test: Does the reader/

spectator/viewer have the opinion/get

the unshakeable impression that the

second work is a copy of the original?(the viewer test)

(4) Same theme, different presentation

Completely new work, noinfringement


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(5) Where there are only incidentalsimilarities, there is no copyrightinfringement

(6) Copyright infringement = piracyit must be clearly proven

(7) Very difficult to prove

violation of copyright ofstage play by a filmproducer: the viewer test is applicable


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INFRINGING COPY:-Sec (m)

In relation to artistic work ,a reproductionthereof.

In relation to a cinematographic film, a copy of

the film. In relation to a sound recording any other

sound recording embodying the same soundrecording.

In relation to any program or performance inwhich the broadcasting reproduction orperformers right subsist, the sound recordingor the cinematographic film of such program orperformance.


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It was held by the

court that if a

there is a version

recording releasedby the Defendants

of a popular film,

do not prima facia

fall within thedefination of

infringing copy.


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FOR COPYRIGHT INFRINGEMENT


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Remedies forCopyright

Infringement

Civil Criminal Administrative


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CivilRemedies

Injunction Damages Accounts Costs


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Injunction

Only effective remedy

Court has to weigh the

damage to the plaintiff if theinjunction is not granted, as

opposed to the damage to the defendant if it is

Interlocutory injunction is the preferred method

for preventing infringement, sometimes an ex parte

injunction


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Criminal

Remedies

Cognizable

Offences

Imprisonment

up to 3 years

Fine up to

200,000 INR


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Copyright Act 1957, s.64 empowers the

Police (any officer not below the rank of sub-

inspector) to seize infringing copies without

warrantPolice Raids (Power ofsearch, seizure &

arrest without a warrant)

Fines (min. 50,000-200,000 INR)

Imprisonment (6 months to 3 years)


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PROS

Judicial determination of rights

Likelihood of damages award

Less vulnerable to a challengeCommissioners seizure orders more effective


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CONS

Delays Trial, Appeal Stages

Damages not usually awarded

No severe punishment for violation of rights


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PROS

Quick remedy

Greater opportunity to quickly counteract

violation, with arrest acting as a deterrent

CONS

Chances of seizure of goods low

Difficulty in coordinating with the police


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Administrative remedy in the form of an AntonPiller Order can be obtained.

These orders direct opponents to allowapplicants to search their premises forevidence (of infringement) and seize suchevidence.

They are granted if there is a very strongprima facie case against the opponent. Thesuspected infringer is not warned in advance

that a search will take place. This ensures that he does not have the

opportunity to conceal or destroy evidence.


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copyrights law india