Intro to copyright law final

Introduction to Copyright Law

Dr. Kalyan C. [email protected]: www.sinapseblog.com

Copyright 2015 BananaIP Counsels

Philosophy of Copyright Law

To promote creativity by granting exclusive rights for a limited period of time.

Quid Pro Quo Gives a creative work and takes

exclusive rights


Nature of Copyright

Idea/Expression Original

Originate from author Modicum of Creativity

Registration


Copyrightable Subject Matter

Literary Dramatic Artistic Musical Cinematograph Films Sound Recordings









Scènes à Faire


Scènes à Faire


Facts



Concepts/Themes

Plaintiffs' play ‘Hero’ has inherited a fortune from his uncle subject to the condition that if he dies unmarried the money will go to his cousin, the villain. The Villain shoots him but makes it look like an accident. The hero defeats the machination of the Villain by bribing a beggar girl out of the streets to marry him before his death can ensue.

The defendant's play ‘The Hero’ has inherited a fortune from his father subject to the condition that he must marry before the age of 25, or else the money will go to his cousin, the villain. The villain induces him to pass his time drinking and gambling so as to forget the condition. The family lawyer finds the hero on the eve of his 25th birthday and persuades him to go home. On his way home, the hero meets a beggar girl and out of compassion gives her shelter for night. The next day the lawyer turns up with a special marriage license and insists on immediate marriage. The hero marries the beggar girl.


Term

Literary, Dramatic, Artistic and Musical works

Life plus sixty years Sixty years from publication Government Works - Sixty years Photographs/Sound

Recordings/Cinematographic works - 60 years


Exclusive rights

Bundle of rights Reproduction Issue copies Adaptation/Translation Public performance Communication to Public Sell/Hire/Rent


Moral Rights

Publication Paternity Integrity

Credits Incidental Appearance


Example

Raj makes a film in which a war is shown. Many soldiers are shown on the screen. The cinematographic film does not include their names in credits.

Moral Right Violation?


Example

Reli uses SIL's music in its advertisement after taking a license. The ad uses seven seconds of music and shows a garbage dump yard in the video.

SIL is upset that an incoherent portion of the composition was used, and that garbage was shown with the music.

Moral Rights Violation?Copyright 2015

BananaIP Counsels

Related Rights

Performer's Rights

Recording Broadcasting/Communication to Public

Broadcaster's Rights

Re-broadcast Heard or Seen by public for charge Recording, and its Reproduction


Example

Kapoor is one of the main actors in a film. His name is not shown in the front credits, and appears only in the end credits. Kapoor is very upset.

Can he do anything about it?


Ownership

First Owner – Author Sound recording and Cinematograph film

– Producer Employment – Employer Commissioned Work – Commissioner

Exception - Literary and Musical works in Cinematographic Films


Example

Eta employs full time writers in his production company to make TV serials. Their job is to make a serial as long as possible by filling into a base story. Eta's television serials achieve great success.

Does Eta own the fillers written by the writers?


Transfer of Copyright

Assignment Licensing Assignment/Licensing of Literary or

Musical Works Royalty Sharing Future Modes/Means


Example

Salma assigns copyrights in all her musical compositions to Fix, a production house. Ten years later, a new technology becomes a reality, and people can listen to music and watch movies from their spectacles.

Does Fix have rights over the compositions for the new technology?


Types of Licenses

Voluntary Compulsory Statutory Collective Rights Management


Collective Management

Copyright Societies

IPRs PPL ISRA

Working of societies Issues and Concerns


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