Copyright and Related Rights Copyright and Related Rights An IntroductionAn Introduction

Indian Law Institute, Delhi

August 2012

© Aalok Jain

LegislationsLegislations

International Municipal

1. Berne Convention, 1886

2. Universal Copyright Convention, 1951

3. Rome Convention, 1961

4. TRIPS Agreement, 1994

5. WIPO Copyright Treaty, 1996

6. WIPO Performances and Phonograms Treaty, 1996

1. Copyright Act, 1914.

2. Copyright Act, 1957 (amended in 1983, 1984, 1992, 1994, 1999 & 2012)

Origin of CopyrightOrigin of Copyright

The history of Copyright is closely linked The history of Copyright is closely linked with technological developments. with technological developments.

Copyright emerged with the advent of Copyright emerged with the advent of printing techniques. printing techniques.

The first forms of copyright protection were the granting of monopolies and privileges to certain ‘stationers’ (predecessors of publishers).

The first Copyright Act was introduced in The first Copyright Act was introduced in England in 1710. (also known as the Queen England in 1710. (also known as the Queen AnneAnne’’s Statute)s Statute)

It described itself as It described itself as ‘‘An Act for the An Act for the Advancement of LearningAdvancement of Learning’’..

This Act provided that authors had the exclusive right to print their work for 14 years after its first publication. If, after the expiry of this period, the author was still alive, the right was extended for another 14 years.

France introduced Copyright legislation in 1791. The General Prussian Code was introduced in

1794

Idea-Expression DichotomyIdea-Expression Dichotomy

Copyright exists in a Copyright exists in a ‘‘WorkWork’’, not in an , not in an ‘‘IdeaIdea’’.. ExampleExample

Idea of Painting: “Sunset over the Sea”

Anyone can use the idea, as it is not protected.

Expression: Mr. A makes a painting of “Sunset over the Sea”.

Mr. A has a copyright over the painting not over the Idea.

Subject-Matter of CopyrightSubject-Matter of Copyright

According to Section 13 of the Copyright Act, 1957, According to Section 13 of the Copyright Act, 1957, Copyright exists in:-Copyright exists in:-

Literary, Dramatic, Musical and Artistic Works;Literary, Dramatic, Musical and Artistic Works;Cinematograph Films; andCinematograph Films; andSound RecordingsSound Recordings

Literary WorkLiterary Work

According to Section 2(o) Literary Work According to Section 2(o) Literary Work includes:includes:

““computer programs, tables and computer programs, tables and compilations including computer compilations including computer databasesdatabases””

Meaning of CopyrightMeaning of Copyright The term The term ‘‘CopyrightCopyright’’ refers to a bundle of refers to a bundle of

exclusive rights:-exclusive rights:-

a) Economic Rights (Section 14)a) Economic Rights (Section 14)

b) Moral Rights (Section 57)b) Moral Rights (Section 57)

c) c) Droit de Suite Droit de Suite (Section 53A)(Section 53A)

The aim of conferring these rights is to reward The aim of conferring these rights is to reward authors for their intellectual effort and at the authors for their intellectual effort and at the same time promote science, culture and the same time promote science, culture and the arts.arts.

 

Section 14 – Meaning of Copyright(c) in the case of an artistic work,-(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(i) in clause (c), for sub-clause (i), the following sub-clause shall be substituted,namely:—“(i) to reproduce the work in any material form including—(A) the storing of it in any medium by electronic or other means; or(B) depiction in three-dimensions of a two-dimensional work; or(C) depiction in two-dimensions of a three-dimensional work;”

Economic RightsEconomic Rights

Right of ReproductionRight of Reproduction Right of Translation and AdaptationRight of Translation and Adaptation Right of Public Performance, Broadcasting Right of Public Performance, Broadcasting

and Communication to the Publicand Communication to the Public

Right of Translation and AdaptationRight of Translation and Adaptation

It is the right to make copies of a work, whether It is the right to make copies of a work, whether transient or permanent.transient or permanent.

Right of ReproductionRight of Reproduction

Translations of works are usually from one language to another. An adaptation of a work is the adjustment of a work, its rewriting or re-modelling into another form in order to suit another medium of communication.

Right of Public Performance, Broadcasting Right of Public Performance, Broadcasting and Communication to the Publicand Communication to the Public

‘‘PerformancePerformance’’ means any acoustic or visual means any acoustic or visual presentation of the work by any means or presentation of the work by any means or process, for example, by means of sound process, for example, by means of sound recordings, films, broadcasts or cable programs recordings, films, broadcasts or cable programs protected by related rights.protected by related rights.

‘‘PublicPublic’’ does not necessarily mean the public at does not necessarily mean the public at large. It means a large number of people who do large. It means a large number of people who do not qualify as family or closest social not qualify as family or closest social acquaintances.acquaintances.

Moral RightsMoral Rights

They are inalienable rights.They are inalienable rights.

Right of PaternityRight of Paternity

Right to IntegrityRight to Integrity

Right to PaternityRight to Paternity

The right to claim the status of author of a The right to claim the status of author of a work, and to have that authorship work, and to have that authorship recognized.recognized.

Right to IntegrityRight to Integrity

The right to object to the work being The right to object to the work being distorted or used in contexts that are distorted or used in contexts that are prejudicial to the honor and reputation of prejudicial to the honor and reputation of the author.the author.

Example: The author can oppose the use Example: The author can oppose the use of his work in a pornographic context, if of his work in a pornographic context, if the work is not pornographic in itself. the work is not pornographic in itself.

Droit de SuiteDroit de Suite

It is an inalienable right. It is an inalienable right. Under the Indian Law, it applies in case of any Under the Indian Law, it applies in case of any

painting, sculpture or drawing or the original painting, sculpture or drawing or the original manuscript of a literary or dramatic work.manuscript of a literary or dramatic work.

It can be exercised by the first owner of rights as It can be exercised by the first owner of rights as per section 17 or his legal heirs. per section 17 or his legal heirs.

It ceases on the expiration of the term of It ceases on the expiration of the term of copyright in the work. copyright in the work.

The shares in respect of different kinds of works The shares in respect of different kinds of works is decided by the Copyright Board and cannot is decided by the Copyright Board and cannot exceed 10% of the original price.exceed 10% of the original price.

Difference between Authorship and Difference between Authorship and Ownership of CopyrightOwnership of Copyright

Ordinarily, under the Indian law, the first Ordinarily, under the Indian law, the first owner of Copyright is the owner of Copyright is the ‘‘AuthorAuthor’’. Who is . Who is an an ‘‘Author is defined under Section 2(d).Author is defined under Section 2(d).

An exception to the rule is provided in An exception to the rule is provided in Section 17, wherein it is stated,Section 17, wherein it is stated,

““……(in the absence of any agreement to the (in the absence of any agreement to the contrary) the first owner of copyright is contrary) the first owner of copyright is someone other than the author: …someone other than the author: …””

If an author creates a literary, dramatic or artistic work in the course If an author creates a literary, dramatic or artistic work in the course of employment in a newspaper, magazine or similar periodical, of employment in a newspaper, magazine or similar periodical, which is for the purpose of publication in the periodical, then the which is for the purpose of publication in the periodical, then the proprietor is the first owner of copyright for the purpose of such proprietor is the first owner of copyright for the purpose of such publication, though not for other possible uses of the work.publication, though not for other possible uses of the work.

In the case of certain commissioned works—In the case of certain commissioned works—viz.viz. a photograph, a photograph, painting or portrait, or engraving or cinematograph film made for painting or portrait, or engraving or cinematograph film made for valuable consideration at the instance of another person—the first valuable consideration at the instance of another person—the first owner of copyright is the person commissioning the work, not the owner of copyright is the person commissioning the work, not the author.author.

In all other cases where the author creates the work in the course of In all other cases where the author creates the work in the course of employment, i.e. where he creates it while performing the job for employment, i.e. where he creates it while performing the job for which his employer has hired him, the employer is the first owner: in which his employer has hired him, the employer is the first owner: in other words, the limitation on the employersother words, the limitation on the employers’’ ownership in the first ownership in the first case of above would not apply where the employer is not a case of above would not apply where the employer is not a newspaper or periodical. newspaper or periodical.

The person who delivers a speech, or where the speech is read out The person who delivers a speech, or where the speech is read out by someone else then the person on whose behalf it is delivered, is by someone else then the person on whose behalf it is delivered, is the first owner of copyright, no matter who actually drafted the the first owner of copyright, no matter who actually drafted the speech.speech.

In the case of works published by or under the direction or control of In the case of works published by or under the direction or control of the Government, or a Government undertaking, Government the Government, or a Government undertaking, Government company or statutory body, or an international organization notified company or statutory body, or an international organization notified by the Government (under section 41) the Government or by the Government (under section 41) the Government or corresponding employer is the first owner of copyright.corresponding employer is the first owner of copyright.

Limitations on Exclusive RightsLimitations on Exclusive Rights

The limitations are provided under Section The limitations are provided under Section 52 of the Copyright Act, 1957. 52 of the Copyright Act, 1957.

It is the most detailed Section in the Act. It is the most detailed Section in the Act. It provides, It provides, inter aliainter alia, the following , the following

limitations:-limitations:-

A) Fair dealing. Examples of fair dealing A) Fair dealing. Examples of fair dealing are use for reference, research, parody, are use for reference, research, parody, criticism etc. criticism etc.

B) In the case of computer programs, for purposes B) In the case of computer programs, for purposes of interoperability, reverse engineering and back-up; of interoperability, reverse engineering and back-up; and any copies made for personal, non-commercial and any copies made for personal, non-commercial use.use.

C) Reproduction for the use of courts and C) Reproduction for the use of courts and legislatures; the reproduction of public notifications; legislatures; the reproduction of public notifications; the reproduction of Acts of legislatures with the reproduction of Acts of legislatures with commentary. commentary.

D) The two-dimensional reproduction of architectural D) The two-dimensional reproduction of architectural works and of other artistic works if they are works and of other artistic works if they are permanently situate in public places. permanently situate in public places.

E) etc.E) etc.

COPYRIGHTCOPYRIGHT

Works in which copyright subsists (Sec. Works in which copyright subsists (Sec. 13):13):

A) Original literary, dramatic, musical and A) Original literary, dramatic, musical and artistic works.artistic works.

B) Cinematographic FilmsB) Cinematographic Films C) Sound RecordingsC) Sound Recordings

Copyright Board (Sec. 11)Copyright Board (Sec. 11)

Constituted by the Central Government.Constituted by the Central Government.

Consists of a chairman (former judge of a Consists of a chairman (former judge of a high court or equivalent qualification) and high court or equivalent qualification) and 2 other members.2 other members.

Powers of Copyright Board Powers of Copyright Board (Sec. 12)(Sec. 12)

Regulate its own procedure.Regulate its own procedure. May exercise and discharge its powers and May exercise and discharge its powers and

functions through benches constituted by the functions through benches constituted by the chairman.chairman.

Chairman may authorize any member to Chairman may authorize any member to exercise any powers conferred on it and any exercise any powers conferred on it and any order made by them shall be deemed to be of order made by them shall be deemed to be of the board.the board.

It shall be deemed to be and shall have It shall be deemed to be and shall have proceedings as that of a civil court.proceedings as that of a civil court.

Role and FunctionsRole and Functions

The Copyright Board, a quasi-judicial body, was constituted in September 1958. The jurisdiction of the Copyright Board extends to the whole of India. The Board is entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, grant of Licences in respect of works withheld from public, unpublished Indian works, production and publication of translations and works for certain specified purposes.

It also hears cases in other miscellaneous matters instituted before it under the

Copyright Act, 1957. The meetings of the Board are held in five different zones of the

country. This facilitates administration of justice to authors, creators and owners of intellectual property including IP attorney’s near their place of location or occupation. 

The Copyright Board was reconstituted under

the Chairmanship Justice Ramesh Chandra Chopra

(retired) for a period of five years or till further orders, whichever is

earlier, with effect from the 15th July, 2011.

Ownership of CopyrightsOwnership of Copyrights

First Owner (Sec. 17):First Owner (Sec. 17): The proprietor of a firm or employer under The proprietor of a firm or employer under

which an author makes an original literary, which an author makes an original literary, dramatic or artistic work during his course dramatic or artistic work during his course of employment. (Valid if there is no of employment. (Valid if there is no agreement contrary to it)agreement contrary to it)

Where a photograph is taken, painting or Where a photograph is taken, painting or portrait is drawn or engraving or portrait is drawn or engraving or cinematographic film is made, for a cinematographic film is made, for a valuable consideration at the instance of valuable consideration at the instance of any person, then that person shall be the any person, then that person shall be the First Owner of the Copyright. (Valid if there First Owner of the Copyright. (Valid if there is no agreement contrary to it)is no agreement contrary to it)

In case of a speech addressed in public, In case of a speech addressed in public, then the person giving the speech shall be then the person giving the speech shall be the First Owner, unless he/she is giving the First Owner, unless he/she is giving the speech on behalf of someone else. the speech on behalf of someone else. (Valid if there is no agreement contrary to (Valid if there is no agreement contrary to it)it)

In case of Government/PSU work, then In case of Government/PSU work, then the First Owner shall be the the First Owner shall be the Government/PSU. (Valid if there is no Government/PSU. (Valid if there is no agreement contrary to it)agreement contrary to it)

Contractual Transfer of Contractual Transfer of RightsRights

Concerns only economic rights; Concerns only economic rights; moral rights inalienablemoral rights inalienable

Transfer of rights independent of Transfer of rights independent of ownership of the physical materialownership of the physical material

Two principal ways for rights Two principal ways for rights transfer: assignment or licensingtransfer: assignment or licensing

Each right may be transferred or Each right may be transferred or licensed separatelylicensed separately

It is important to point out that economic It is important to point out that economic rights are traditionally granted as a bundle of rights are traditionally granted as a bundle of single prerogatives that correspond to the single prerogatives that correspond to the different ways in which a work may reach its different ways in which a work may reach its audience. Each prerogative may be audience. Each prerogative may be exercised and hence transferred or licensed exercised and hence transferred or licensed separately. For instance, the author of a play separately. For instance, the author of a play who assigns a publisher the right to publish who assigns a publisher the right to publish the play in book format does not thereby the play in book format does not thereby consent to the public performance of the playconsent to the public performance of the play

Similarly, the author of a novel written, say, in Similarly, the author of a novel written, say, in English, may assign or license to a publisher the English, may assign or license to a publisher the right to publish and distribute a novel. However, right to publish and distribute a novel. However, the author may also enter into agreements with the author may also enter into agreements with other publishers who wish to publish a other publishers who wish to publish a translation of the novel in a foreign language translation of the novel in a foreign language (unless the translation right has already been (unless the translation right has already been assigned or licensed to the initial publisher). The assigned or licensed to the initial publisher). The author may, finally, sign a contract with a film author may, finally, sign a contract with a film producer for the adaptation right of the novel.producer for the adaptation right of the novel.

Mode of Assignment of Mode of Assignment of Copyright (Sec. 19)Copyright (Sec. 19)

In writing signed by the Assignor or an In writing signed by the Assignor or an authorized agent.authorized agent.

The work should be identified and the rights The work should be identified and the rights assigned should be specified.assigned should be specified.

The amount of royalty should also be The amount of royalty should also be mentioned.mentioned.

If assignee does not exercise the rights If assignee does not exercise the rights assigned to him within one year from the date of assigned to him within one year from the date of assignment, they would be deemed to have assignment, they would be deemed to have been lapsed.been lapsed.

If period of assignment is not mentioned, If period of assignment is not mentioned, then it would be deemed to be 5 years then it would be deemed to be 5 years from date of assignment.from date of assignment.

If territorial extent of assignment is not If territorial extent of assignment is not mentioned, then it shall be presumed to mentioned, then it shall be presumed to extend within India.extend within India.

What does a transfer of rights What does a transfer of rights by assignment mean?by assignment mean?

TT The legal consequence of the transfer of rights The legal consequence of the transfer of rights by way of assignment is that the assignee by way of assignment is that the assignee becomes the new owner of copyright and can becomes the new owner of copyright and can take actions in his or her own name, including take actions in his or her own name, including legal actions against third parties infringing the legal actions against third parties infringing the rights in the work. The assignment can concern rights in the work. The assignment can concern copyright in its entirety or can be limited to one copyright in its entirety or can be limited to one or more specific prerogativesor more specific prerogatives..

Transfer of rights by assignment is typical of Transfer of rights by assignment is typical of common law jurisdictions, which allow copyright common law jurisdictions, which allow copyright as such to be assigned wholly or partially to third as such to be assigned wholly or partially to third parties. The civil law tradition, by contrast, parties. The civil law tradition, by contrast, considers copyright as exclusive incorporeal considers copyright as exclusive incorporeal property since the work emanates from the property since the work emanates from the personality of its creator. Accordingly, copyright personality of its creator. Accordingly, copyright laws based on that tradition generally do not allow laws based on that tradition generally do not allow rights to be assigned, be it totally or partially. In rights to be assigned, be it totally or partially. In that case, licensing remains the only valid form of that case, licensing remains the only valid form of contractual transfer of rights.contractual transfer of rights.

Incorporeal property is a legal right in property having no physical existence. For example, patent rights, lease or mortgage. They have value but lacks physical substance. Incorporeal is the opposite of corporeal, which is property that can be perceived. Incorporeal property is traditionally broken down into two classes: (1) jura in re aliena or encumbrances, over material or immaterial things, examples being leases, mortgages, and servitudes; and (2) jura in re propria or full ownership over an immaterial thing, examples being patents, copyrights, and trademarks.

How does licensing operate?How does licensing operate?

Unlike transfer by way of assignment, a licence is Unlike transfer by way of assignment, a licence is an agreement whereby the copyright owner an agreement whereby the copyright owner preserves ownership of the rights but allows a preserves ownership of the rights but allows a third party to carry out certain acts covered by third party to carry out certain acts covered by his/her economic rights, generally for a specific his/her economic rights, generally for a specific purpose and for a specific period of time. For purpose and for a specific period of time. For example, the author of a novel may grant a example, the author of a novel may grant a licence to a publisher to make and distribute licence to a publisher to make and distribute printed copies, and, at the same time, license printed copies, and, at the same time, license someone else to write a film script based on that someone else to write a film script based on that novel.novel.

Licenses (Sec. 30)Licenses (Sec. 30)

Owner/Authorized Representative of a Owner/Authorized Representative of a copyright may grant any interest in the copyright may grant any interest in the copyright of an existing work or of a copyright of an existing work or of a prospective work by way of a written prospective work by way of a written license.license.

If license relates to a future work, then the If license relates to a future work, then the license shall take effect only after the work license shall take effect only after the work comes into existence.comes into existence.

A licence may be granted on an exclusive or non-exclusive A licence may be granted on an exclusive or non-exclusive basis. A non-exclusive licence entitles the licensee simply to basis. A non-exclusive licence entitles the licensee simply to use the work in a defined manner concurrently with the use the work in a defined manner concurrently with the copyright owner and, possibly, simultaneously with other copyright owner and, possibly, simultaneously with other licensees as well. A typical example is the licensing of the licensees as well. A typical example is the licensing of the public performance right in non-dramatic musical works to bars, public performance right in non-dramatic musical works to bars, discotheques and similar public places where music is played.discotheques and similar public places where music is played.

An exclusive licence means, by contrast, that the licensee may An exclusive licence means, by contrast, that the licensee may use the work for the purpose in question to the exclusion of any use the work for the purpose in question to the exclusion of any other persons, including the copyright owner himself. For the other persons, including the copyright owner himself. For the period for which it is granted, the exclusive licence has an effect period for which it is granted, the exclusive licence has an effect comparable to a transfer of rights by assignment.comparable to a transfer of rights by assignment.

TERMTERM

In In published literary, dramatic, musical and published literary, dramatic, musical and artistic worksartistic works: :

During the lifetime of the author.During the lifetime of the author. 60 years from the beginning of the 60 years from the beginning of the

calendar year following the year in which calendar year following the year in which the author dies.the author dies.

In In anonymous and pseudonymous worksanonymous and pseudonymous works:: In case of literary, dramatic, musical and artistic work In case of literary, dramatic, musical and artistic work

(other than a photograph)(other than a photograph) 60 years from the beginning of the calendar year 60 years from the beginning of the calendar year

following the year in which the work is first published.following the year in which the work is first published. Proviso:Proviso: If the identity of the author is disclosed before the If the identity of the author is disclosed before the

expiry of the said period then 60 years from the expiry of the said period then 60 years from the beginning of the calendar year following the year in beginning of the calendar year following the year in which the author dies.which the author dies.

In In Posthumous worksPosthumous works:: In case of literary, dramatic or musical or In case of literary, dramatic or musical or

engraving in which copyright subsists at engraving in which copyright subsists at the date of death of the authorthe date of death of the author

60 years from the beginning of the 60 years from the beginning of the calendar year following the year in which calendar year following the year in which the work is first published.the work is first published.

In In Cinematographic Films:Cinematographic Films: 60 years from the beginning of the 60 years from the beginning of the

calendar year following the year in which calendar year following the year in which the film is published.the film is published.

In In Sound Recordings:Sound Recordings: 60 years from the beginning of the calendar 60 years from the beginning of the calendar

year following the year in which the sound year following the year in which the sound recording is published.recording is published.

In In Government Works:Government Works: 60 years from the beginning of the calendar 60 years from the beginning of the calendar

year following the year in which the work is year following the year in which the work is published.published.

In In Public Undertakings:Public Undertakings: 60 years from the beginning of the 60 years from the beginning of the

calendar year following the year in which calendar year following the year in which the work is first published.the work is first published.

In works of In works of International OrganizationsInternational Organizations:: 60 years from the beginning of the 60 years from the beginning of the

calendar year following the year in which calendar year following the year in which the work is first published.the work is first published.

Who owns copyright in Who owns copyright in anonymous or pseudonymous anonymous or pseudonymous

works?works?Copyright laws generally acknowledge that Copyright laws generally acknowledge that there are cases in which a person may wish there are cases in which a person may wish to publish a work without revealing his or her to publish a work without revealing his or her name (anonymous works) or under a name (anonymous works) or under a borrowed or pen-name (pseudonymous borrowed or pen-name (pseudonymous works). works).

In most countries, it is the publisher who In most countries, it is the publisher who exercises copyright in such works on exercises copyright in such works on behalf of the author, except in the case of behalf of the author, except in the case of transparent pseudonyms which leave no transparent pseudonyms which leave no doubt as to the identity of the authors and doubt as to the identity of the authors and are therefore equivalent to the latter’s real are therefore equivalent to the latter’s real names (e.g. George Sand, Molière).names (e.g. George Sand, Molière).

Yet it should be clearly understood that in these Yet it should be clearly understood that in these cases, the publisher is not the real owner of cases, the publisher is not the real owner of copyright but is only entitled to protect and enforce copyright but is only entitled to protect and enforce the author’s rights by virtue of a legal fiction the author’s rights by virtue of a legal fiction according to which the publisher is presumed to according to which the publisher is presumed to represent the author. Once the real authors reveal represent the author. Once the real authors reveal their true identities, this presumption will no longer their true identities, this presumption will no longer be valid. From that moment on, the publisher steps be valid. From that moment on, the publisher steps aside and the rights are exercised solely by the aside and the rights are exercised solely by the authors, unless transferred by them to a third party.authors, unless transferred by them to a third party.

Stephen King, who wrote seven books as Richard Bachman, kept up the charade for years before being officially outed in 1985 by Stephen P. Brown, a District writer and sci-fi expert who pulled Bachman's copyright records from the Library of Congress (they were under King's name and his agent's name). For prolific genre writers like King, a pen name is a way to produce more than one book a year without saturating the market. It's also a gimmick to limber the mind.

Copyright SocietiesCopyright Societies Registration (Sec. 33):Registration (Sec. 33): Any association which fulfils the conditions as Any association which fulfils the conditions as

may be prescribed may apply for permission to may be prescribed may apply for permission to do the business to the registrar who shall do the business to the registrar who shall submit the application to the Central submit the application to the Central Government.Government.

The Central government shall register such The Central government shall register such association, provided that shall not ordinarily association, provided that shall not ordinarily register more than one copyright society in register more than one copyright society in respect of same class of works. respect of same class of works.

Registration granted shall be for a term of Registration granted shall be for a term of 5 years and may be renewed from time to 5 years and may be renewed from time to time.time.

Every copyright society already registered Every copyright society already registered before the coming into force of the before the coming into force of the copyright act amendment 2012 shall get copyright act amendment 2012 shall get itself registered within one year from date itself registered within one year from date of commencement of the act.of commencement of the act.

Tariff Scheme (Sec. 33A)Tariff Scheme (Sec. 33A) Every society shall publish its tariff Every society shall publish its tariff

scheme in such manner as may be scheme in such manner as may be prescribed.prescribed.

An appeal against the tariff shall be made An appeal against the tariff shall be made to the copyright board which shall decide to the copyright board which shall decide the matter.the matter.

The copyright board after hearing the The copyright board after hearing the parties shall fix an interim tariff and direct parties shall fix an interim tariff and direct the aggrieved parties to make payment the aggrieved parties to make payment accordingly till the disposal of the appealaccordingly till the disposal of the appeal

Administration of Rights (Sec. 34Administration of Rights (Sec. 34):): A copyright society may accept from an A copyright society may accept from an

author exclusive authorization to author exclusive authorization to administer any rights in his work.administer any rights in his work.

An author shall have the right to withdraw An author shall have the right to withdraw his authorization.his authorization.

No society shall permit any discrimination No society shall permit any discrimination in regard to terms of license or distribution in regard to terms of license or distribution of fee.of fee.

Registration of Copyright (Sec. Registration of Copyright (Sec. 45)45)

The author/owner of an original work may The author/owner of an original work may make an application in prescribed manner make an application in prescribed manner accompanied with prescribed fee.accompanied with prescribed fee.

If the artistic work is capable of being used in If the artistic work is capable of being used in relation to any service/goods, then a TM relation to any service/goods, then a TM certificate is to be provided along with the certificate is to be provided along with the copyright registration application to the effect copyright registration application to the effect that no TM identical or deceptively similar has that no TM identical or deceptively similar has been registered under the TM Act.been registered under the TM Act.

Procedure for RegistrationProcedure for Registration

Every application to be made in accordance Every application to be made in accordance with Form IV (For new Application) and with Form IV (For new Application) and Form V (For changes)Form V (For changes)

Every application to be made in triplicate Every application to be made in triplicate and to be accompanied with prescribed fee.and to be accompanied with prescribed fee.

If more than one person has an interest in If more than one person has an interest in the registration of the copyright, then the the registration of the copyright, then the person applying shall give notice to each of person applying shall give notice to each of those personsthose persons

If no objection is received by the Registrar If no objection is received by the Registrar within 30 days, he shall enter such within 30 days, he shall enter such particulars in the register.particulars in the register.

If objections are received, an inquiry is If objections are received, an inquiry is held and the result thereof is considered held and the result thereof is considered and only then would the Registrar enter and only then would the Registrar enter such particulars in the register.such particulars in the register.

Registrar shall send a copy of the entries Registrar shall send a copy of the entries to the applicants as soon as possible.to the applicants as soon as possible.

When Infringed? (Sec. 51)When Infringed? (Sec. 51)

When a person without a licenseWhen a person without a license 1. does anything of which the exclusive right is 1. does anything of which the exclusive right is

with the owner.with the owner. 2. Permits for profit any place where 2. Permits for profit any place where

communication constitutes an infringement of communication constitutes an infringement of copyright in the work (unless the person was copyright in the work (unless the person was unaware that the said communication was unaware that the said communication was illegal)illegal)

3. Sells or hires any infringing copies of the 3. Sells or hires any infringing copies of the workwork

4. Distributes for the purpose of trade any 4. Distributes for the purpose of trade any infringing copies of the work.infringing copies of the work.

5. Exhibits in public by way of trade 5. Exhibits in public by way of trade exhibits any infringing copies of the work.exhibits any infringing copies of the work.

6. Imports into India any infringing copies 6. Imports into India any infringing copies of the work. (provided that this part would of the work. (provided that this part would not apply if only one copy is imported for not apply if only one copy is imported for the personal/domestic use of the person)the personal/domestic use of the person)

Acts which do not amount to Acts which do not amount to Infringement (Sec. 52)Infringement (Sec. 52)

Fair dealing with any work except Fair dealing with any work except computer program for:computer program for:

A) Private/personal use (including A) Private/personal use (including research)research)

B) Criticism or review, of that work or any B) Criticism or review, of that work or any other.other.

C) Reporting of current events/affairsC) Reporting of current events/affairs

Making of copies/adaptations of a Making of copies/adaptations of a computer program by lawful possessor of computer program by lawful possessor of a copy of such computer program from a copy of such computer program from such copy:such copy:

A) to utilize it for the purpose for which it A) to utilize it for the purpose for which it was supplied.was supplied.

B) to make back up copies as temporary B) to make back up copies as temporary protection.protection.

Observation study or test to determine the Observation study or test to determine the functioning of the computer program.functioning of the computer program.

Making copies/adaptation of computer Making copies/adaptation of computer programs for personal use (non-commercial).programs for personal use (non-commercial).

Transient or incidental storage of work purely Transient or incidental storage of work purely in technical process of electronic in technical process of electronic transmission/communication to the public or transmission/communication to the public or providing electronic links where such is not providing electronic links where such is not expressly prohibited by the right holder.expressly prohibited by the right holder.

Reproduction of a work for judicial Reproduction of a work for judicial proceedings.proceedings.

Reproduction/publication of any work prepared Reproduction/publication of any work prepared by Secretariat of Legislature exclusively for the by Secretariat of Legislature exclusively for the members of that Legislature.members of that Legislature.

Reproduction of any work in certified copy.Reproduction of any work in certified copy. Reading/recitation in public.Reading/recitation in public. Causing of a recording to be heard in public.Causing of a recording to be heard in public. Performance of Literary, dramatic or musical Performance of Literary, dramatic or musical

work by an amateur club/society. (non-profit)work by an amateur club/society. (non-profit)

Storing of a work in any medium by electronic Storing of a work in any medium by electronic means by a non-commercial public library for means by a non-commercial public library for preservation.preservation.

Making of not more that 3 copies of a book by or Making of not more that 3 copies of a book by or under the directions of the person incharge of a under the directions of the person incharge of a non-commercial public library if such book is not non-commercial public library if such book is not available in India.available in India.

Reproduction of an unpublished literary, musical Reproduction of an unpublished literary, musical or dramatic work kept in a library, museum or or dramatic work kept in a library, museum or other institution, where public has access.other institution, where public has access.

Nonetheless, the so called ‘three-step test’ has Nonetheless, the so called ‘three-step test’ has come to be regarded as the international yardstick come to be regarded as the international yardstick for exceptions to exclusive rights. Initially for exceptions to exclusive rights. Initially introduced by the Berne Convention as a set of introduced by the Berne Convention as a set of criteria against which any exception to the right of criteria against which any exception to the right of reproduction were to be assessed, nowadays it has reproduction were to be assessed, nowadays it has been adopted by the most recent international been adopted by the most recent international instruments (the TRIPs Agreement and the WIPO instruments (the TRIPs Agreement and the WIPO 1996 Treaties) and serves as a basis for 1996 Treaties) and serves as a basis for assessment of all exceptions to exclusive authors’ assessment of all exceptions to exclusive authors’ rights. rights.

According to the test, limitations or According to the test, limitations or exceptions to exclusive rights should be exceptions to exclusive rights should be confined to confined to

1) certain special cases which 1) certain special cases which 2) do not conflict with a normal exploitation 2) do not conflict with a normal exploitation

of the work and of the work and 3) do not unreasonably prejudice the 3) do not unreasonably prejudice the

legitimate interests of the right owner.legitimate interests of the right owner.

Civil Remedy (Sec. 55)Civil Remedy (Sec. 55) Where a copyright has been infringed by any Where a copyright has been infringed by any

person, the author/owner shall be entitled to all person, the author/owner shall be entitled to all such remedies by way of injunction, damages, such remedies by way of injunction, damages, accounts and otherwise as are conferred by law.accounts and otherwise as are conferred by law.

Provided the person who has infringed the Provided the person who has infringed the copyright was not aware or had no reasonable copyright was not aware or had no reasonable ground for believing that copyright subsists in ground for believing that copyright subsists in the work, the plaintiff shall not be entitled to any the work, the plaintiff shall not be entitled to any remedy except injunction and decree for remedy except injunction and decree for part/whole of profitspart/whole of profits

Protection of Separate Rights Protection of Separate Rights (Sec. 56)(Sec. 56)

Where several rights comprising the Where several rights comprising the copyright in any work are owned by copyright in any work are owned by different persons, the owner of any such different persons, the owner of any such right will be entitled to such relief as the right will be entitled to such relief as the extent of his/her right.extent of his/her right.

Authors Special Rights (Sec. Authors Special Rights (Sec. 57)57)

An author shall have the right:An author shall have the right: A) to claim ownership of the workA) to claim ownership of the work B) to retrain/claim damages in respect of B) to retrain/claim damages in respect of

any distortion, mutilation, modification or any distortion, mutilation, modification or any other act which would be prejudicial to any other act which would be prejudicial to his/her honor or reputation.his/her honor or reputation.

Restriction on remedy in case of Restriction on remedy in case of Architectural work (Sec. 59)Architectural work (Sec. 59)

Construction of any building which Construction of any building which infringes or if completed would infringe the infringes or if completed would infringe the copyright in some work, the owner of the copyright in some work, the owner of the copyright shall not be entitled to injunction copyright shall not be entitled to injunction to restrain or to demolish the building to restrain or to demolish the building provided the work of the building has provided the work of the building has commenced. commenced.

Offences and Punishment (Sec. Offences and Punishment (Sec. 63)63)

A person who infringes or abets the infringement A person who infringes or abets the infringement of a copyrighted work or any other right conferred of a copyrighted work or any other right conferred under the Actunder the Act

Punishment:Punishment: Imprisonment of not less than 6 months and Imprisonment of not less than 6 months and

maximum 3 years.maximum 3 years. Fine of not less that Rs. 50,000/- and maximum of Fine of not less that Rs. 50,000/- and maximum of

Rs. 2,00,000/-Rs. 2,00,000/- Fine and imprisonment can be less than the Fine and imprisonment can be less than the

minimum specified if the court feels so.minimum specified if the court feels so.

Second and subsequent Second and subsequent convictions (Sec. 63A)convictions (Sec. 63A)

Enhanced penalty.Enhanced penalty. Punishment:Punishment: Imprisonment of not less than 1 year and Imprisonment of not less than 1 year and

maximum of 3 years.maximum of 3 years. Fine of not less than Rs. 1,00,000/- and Fine of not less than Rs. 1,00,000/- and

maximum of Rs. 2,00,000/-maximum of Rs. 2,00,000/-

Penalty for making false Entries Penalty for making false Entries in the Register (Sec. 67)in the Register (Sec. 67)

Punishment: Punishment: Imprisonment which may extend to 1 year.Imprisonment which may extend to 1 year. Fine Fine Or both.Or both.

Cognizance of Offences (Sec. Cognizance of Offences (Sec. 70)70)

No court inferior to a Metropolitan No court inferior to a Metropolitan Magistrate or Judicial Magistrate First Magistrate or Judicial Magistrate First Class shall try an offence under this Act.Class shall try an offence under this Act.

Conclusion…….Conclusion…….

HAHA .......COPYRIGHT who cares?HAHA .......COPYRIGHT who cares?

DOES ANYONE HERE DOES ANYONE HERE KNOW WHAT THE KNOW WHAT THE

COPYLEFT MOVEMENT COPYLEFT MOVEMENT IS?IS?

Where “copyright law” prohibits unauthorized reproduction, adaptation and distribution of an

author's work, a “copyleft” license, (as the name indicates), gives every person who receives a

copy of a work, permission to freely reproduce, adapt, modify or distribute the work as long as

any resulting copies, modifications or adaptations are also distributed under the same

copyleft license terms. 

According to the Linux Information Project, “Copyleft is a play on the word copyright. It describes the practice of using copyright law to remove restrictions on distributing copies and modified versions of a work for others and requiring that the same freedoms be preserved in modified versions.” Copyleft is a form of licensing and may be used to modify copyrights over works such as computer software, documents, music, and art.

A copyleft license typically gives each person possessing a copy of the work, the same freedoms as the author, including:

1. the freedom to use and study the work,2. the freedom to copy and share the work with others,3. the freedom to modify the work,4. and the freedom to distribute modified and therefore derivative works.

As you may have guessed, granting these freedoms does not ensure that a derivative work will be distributed under the same liberal terms. In order to ensure that all derivative work is also distributed under a copyleft license, the terms of the original license must also ensure that the author of a derived work can only distribute such works under the same or equivalent license.

The common mistake people make is in muddling copyleft with public domain--public domain is free of all restrictions, copyleft retains restrictions against what its authors view as parasitically anti-social copying.

Johan Söderberg in his article “Copyleft v. Copyright: A Marxist Critique” discusses the left view stating “Copyright was invented by and for early capitalism, and its importance to that system has grown ever since. To oppose copyright is to oppose capitalism. Thus, Marxism is a natural starting point when challenging copyright. Marx's concept of a 'general intellect', suggesting that at some point a collective learning process will surpass physical labour as a productive force, offers a promising backdrop to understand the accomplishments of the free software community.” 

That’s it….That’s it….