Copyright

Copyright aims at providing protection to authors (writers, artists, music composers, etc.) on their creations. Such creations are usually designated as “works”.

What is copyright?

Works covered by copyright include, but are not limited to, literary works:

such as novels, poems and plays; reference works such as encyclopedias

Dictionaries; databases; newspaper articles; films and TV programs; musical compositions; choreography; artistic works such as paintings, drawings,

photographs and sculptures; architecture; and advertisements, maps and technical drawings.

Copyright also protects computer programs.

What is covered by copyright?

Copyright does not however extend to ideas, but only to the expression of thoughts.

For example, the idea of taking a picture of a sunset is not protected by copyright. Therefore, anyone may take such a picture.

But a particular picture of a sunset taken by a photographer may be protected by copyright. In such a case, if someone else makes copies of the photograph, and starts selling them without the consent of the photographer, that person would be violating the photographer’s rights.

What is covered by copyright?

Copyright protection is obtained automatically without any need for registration or other formalities. A work enjoys protection by copyright as soon as it is created.

However, many countries provide for a national system of optional registration and deposit of works.

These systems facilitate, for example, questions involving disputes over ownership or creation, financing transactions, sales, assignments and transfers of rights.

Formalities to be protected

There are two types of rights under copyright:

(a) Economic rights, which allow the owner to derive financial reward from the use and exploitation of the work;

(b) Moral rights, which highlight the personal link existing between the author and the work.

Rights provided by copyright

Creators can also authorize or prohibit the following acts- in relation to a work:- reproduction in various forms, for example in a printed

publication or by recording the work in cassettes, compact disks or videodiscs, or by storing it in computer memories;- distribution, for example through sale to the public of copies of

the work;- public performance, for example by performing music during a

concert, or a play on stage;- broadcasting and communication to the public , by radio or

T.V, cable or satellite;- translation into other languages;- adaptation, for example by converting a novel or a play into a

screenplay for a film;

Economic rights covered by copyright

"The expression 'literary and artistic works' shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works, to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science. [.....] Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work. [.....] Collections of literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections."

Berne Convention (1886), Article 2

- private letters,- a divorce guide,- a haircut,- a floral decoration of a bridge,- a son -et -lumiere show (Sound and

Light Show)- examination papers.- Multimedia Productions

Berne Convention list is not exhaustive

These are works that are derived from existing sources. Examples of derivative works include:- translations of works into a different language;- adaptations of works, such as making a film

scenario based on a novel;- arrangements of music, such as an orchestra

version of a musical composition initially written for piano;

- other alterations of works, for example an abridgement of a novel;

- compilations of literary and artistic works, such as encyclopedias and anthologies. In such a case, the originality resides in the choice and arrangement of the materials.

Derivative works?

right of reproduction◦ printing of books, phonograms◦ storage of works in computer memories and of

course the copying of computer programs on diskettes, CD-ROMS, CD- writeable ROMS and so on

right of performance – song, drama, play movie

right of broadcasting right of communication

Copyright

common law tradition: Originality is respected

civil law tradition: work must bear the stamp of the author's personality

Copyright Protection

public performance is considered as any performance of a work at a place where the public is or can be present, or at a place not open to the public, but where a substantial number of persons outside the normal circle of a family and its closest social acquaintances is present.

The right of broadcasting covers the emission by wireless means for members of the public within range of the signal, whose equipment allows reception of sounds or of images and sounds, whether by radio, television, or satellite.

Rights of Public Performance, Broadcasting and

Communication to the Public

When a work is communicated to the public, a signal is diffused by wire or cable, which can be received only by persons who have access to equipment connected to the wire or cable system.

Rights of Public Performance, Broadcasting and

Communication to the Public

(1) the 'literary and artistic works' protected by copyright

(2) the rights granted to the owner of copyright(3) State of Piracy in Pakistan(4) the ownership and transfer of copyright;(5) the duration of protection;(6) the limitations on rights;(7) the enforcement of rights, and(8) international agreements concerning

copyright.

Lecture 2 Cont’d Agenda

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• Pakistan grouped with 12 leading piracy countries of the world

Source: Piracy Study-BSA

• The situation of book piracy in Pakistan rated one of the worst in the world

Source: British Deputy High Commissioner

• Intellectual property rights protection issues remained among the top investment climate barriers to FDI in Pakistan FIAS (Foreign Investment Advisory Services - World Bank)

• Government perceived to be doing nothing for improving IP situation in Pakistan

Source: Trading Partners

Pakistan’s IP Image

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Pakistan - one of the world’s worst pirate optical disc producers / exporters.

Alleged Production◦ 2003 180 Million Discs◦ 2004 230 Million Discs

Alleged Smuggling Out (2004)◦ 205 Million Discs

- Serious Injury to 40 Trading Partner Countries.

Increase in Import of Optical Grade Polycarbonate (Used in CD Manufacturing): 2003-2004 ---- >30%

Source: USTR Special 301 Report, 2005

IP Environment: Piracy Situation

In 2002 Piracy losses to US industry amounted to USD $127 Mil

Pakistan placed on 301 Watch List by US◦ Can lead to with-drawl of its trade benefits or

imposition of duties on goods.

Pakistan IP piracy impact

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International Perception

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Counterfeiting

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Counterfeiting

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Police Seize Counterfeit Products

Source: “Pledge” ACIF’s Quarterly Newsletter

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Pakistan Customs destroy CDs & DVDs

Effective Enforcement Action

Source: Willem Van Adrichem, IFPI Enforcement.

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Pakistan Customs Seize Pirated CDs

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Police Seize Counterfeit Products

Source: “Pledge” ACIF’s Quarterly Newsletter

Translation means the expression of a work in a language other than that of the original version

Adaptation is generally understood as the modification of a work to create another work,◦ Adapting a novel to make a motion picture, ◦ Modification of a work to make it suitable for

different conditions of exploitation

Rights of Translation and Adaptation

Economic rights can be transferred or assigned to other owners usually for a sum of money or royalties depending on the proposed usage of the work

Moral rights or right of respect , can never be transferred:◦ Right of authorship, each creation carry author

name◦ Right to object to the work being distorted or

used in contexts that are prejudicial to the honor and literary and artistic reputation of the author

Benefits from Copyrights

Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.

Berne Convention works on the principle of there being no formalities. Basically, every work is protected by the fact of its creation.

In December of 1996, a Diplomatic Conference was held, which concluded the newest international agreement protecting copyright: the WIPO Copyright Treaty (WCT).

TRIPS Agreement. This is the Agreement on Trade- Related Aspects of Intellectual Property Rights, which is one of the Agreements that emerged from the Uruguay Round of trade negotiations and is administered by the World Trade Organization

Protection by Law

Transfer of copy right on contractual arrangements

Partial Transfer is the right of creator:◦transfer rights to publish and reproduce the

novel to one publisher◦translate the novel into, say, French,

Russian and Arabic to three other publishers

◦right to adapt novel into a film (or an opera or a play) to other persons

◦Right can be limited to specific period/territory

Transfer of Copy Right

In some countries works are excluded from protection if they are not fixed (listed) in tangible form

Free uses; quotations, illustration for teaching purposes, news reporting

Non-voluntary licenses, under which the acts of exploitation may be carried out without authorization, but with the obligation to compensate the owner of rights

Limitations on Rights

Berne Convention contains few provisions concerning enforcement of rights

Technological Advances and Economic Interest has led to TRIPS Agreement, which contains detailed provisions on the enforcement of rights:◦ Conservatory or provisional measures

- to prevent infringements from occurring- to preserve relevant evidence in regard to an alleged

infringement

Enforcement of Rights

◦Civil remedies◦Criminal sanctions- served by orders for the seizure,

forfeiture and destruction of infringing goods

◦Measures to be taken at the border◦measures, remedies and sanctions against abuses in respect of technical means- "copy protection“ or "copy-

management" systems

Enforcement of Rights

Suppose you have become a pre-eminent artist by virtue of an internationally acclaimed piece of art known as a tribute to the conservation of nature and later you find that it is being used, in a denigrating fashion without your permission, by a political group generally supporting genetically modified organisms. What could you do?

Enforcement of Rights

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IP Infrastructure National

IPO Headquarters Islamabad Patent and Design Office Trade Marks Registry

Karachi Copyright Registry IPO Regional Office Lahore IPO Regional Office (Proposed) Peshawar IPO Regional Office (Proposed) Quetta

International WIPO Specialized Agency WTO International Agency

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Agencies in the Enforcement Chain

Police ( Overall Control) [Over 5000 Raids]

FIA (Production Control) [Dismantling the Strongholds]

Customs (Border Control) [Eliminating Exports]

Judiciary (Litigation Management) [Changing the Mindset]

Private Sector (Investigation Agencies)