What are copyright and other related rights?

What is copyright?

Copyright is a legal term describing rights given to creators for their literary and artistic works.

Copyright is, literally, the "right to copy" a creation. Copying may include:

reproducing (as in photocopying,

photographing or scanning into a computer),

performing public,

publishing in print or electronic format,

adapting,

translating and

broadcasting

Only the owner of copyright may do these things

with a creation or authorize others to do so.

Copyright is the legal protection extended to the owner of the rights in an original work that he has created. It comprises two main sets of rights: The economic rights are the rights of

reproduction

broadcasting

public performance

adaptation

translation

public recitation

public display

distribution The moral rights include:

the author's right to object to any distortion,

mutilation or

other modification of his work that might be prejudicial

to his honor or reputation

In principle, the term of protection is the creator's lifetime and

a minimum of 50 years after his death.

Mere ideas in themselves are not protected, only the way in which they are expressed.

Cases

Allegation of infringement of copyright as the

defendant used the dress in a movie which was

worn by an actress

Importance of costumes worn by actors and

actresses in a film play special role and serve

purpose of promotion of the movie

Held that all kinds of clothes worn by actors cannot

be stated as Fair Use permitted under sec 52 (1)

(u).

Suneet Varma Design Pvt. Ltd. Vs Jas Kirat Singh Narula & Anr. [2007 (34) PTC 81 (Del)]

What is covered by copyright?The kinds of works covered by copyright include:

literary works such as novels

Poems

Plays

reference works

newspapers

Theatre at Rangashankara

computer programs

Databases

Films

musical compositions

Choreography

Paintings

drawings

photographs

                       

             Photo © David Roberts

sculpture

Architecture

advertisements

maps

technical drawings

Creation goes through various steps which can be broadly divided

Conception

Design & development

Commercial manufacture.

At each of these stages, there are works which are created that can be protected in law

Creativity

Examples

A drawing or a sketch which can be created as the first conception of a product is a copyrightable

subject matter

The shape and aesthetic look given to a product is protectable under

the Designs Act

The final product and the brand which is given to the

product are protectable under the Trade Mark Act

If the shape is unique and can be identified exclusively

with a specific product then the shape is also protectable

Design is for aesthetic appearance. Anything functional is not registrable as a design

Copyright in a design comes to an end if the work has industrial application and is reproduced more than 50

times

Is there diff. between copyright in a design and copyright in a drawing.

Yes.

Copyright & Design

Bike gloves

Tahiliani Design Private Ltd. vs. Renu Tandon & Anr.

C.S. (OS) No. 2222 of 2008 – Before Hon’ble Delhi High Court

Cases

“Computer” includes any electronic or similar device having information processing capabilities (added by

amendment in 1995)

“Duplicating equipment” means any mechanical contrivance or device used or intended to be used for

making copies of any work.

“Reprography” means the making of copies of a work, by photocopying or similar means

“Publication means making a work available to the public by means of copies or by communicating the

work to the public.”

But by a review of cases one can see that protection against what is contemplated under the new WIPO

treaty has already been granted by judge-made law.

Choreography:

art of arranging designing of ballet or stage dance in symbolic language.

It is a form of dramatic work.

In order to qualify for the copyright protection it must be reduced into writing.

Examples of some works

copyrighting choreography

Ballet:

The elements of ballet are the music, the story, the choreography, the scenery, and the costumes.

A composite work.

Such work could be the subject matter of copyright.

Painting :

An artistic work whether or not it posses any artistic quality .

To be entitled to copyright protection a painting must be original i.e. it should originate from the painter

and not a mere copy of another painting.

A painting must be on a surface of some kind.

Facial make-up as such, however idiosyncratic it must be an idea,

cannot possibly be a painting for the purpose of copyright act

Sculpture:

– Included in the definition of artistic work

– the work of sculpture includes casts and models.

– means the art, act, process of carving cutting, hewing,

molding or constructing materials into statutes , ornaments,

figures

– The act, art, process of producing figures or groups in

plastic or hard materials.

– The art of sculpture is the branch of the visual arts that

is especially concerned with the creation of expressive

form in three dimensions.

– A sculpture should in some way express in

three dimensional form an idea of the sculptor. NEW ENCYCLOPEDIA QUOTED IN WHAM-O CASE. A Frisbee was a sculpture.

Copyright subsists original sculpture. The creation of a sculpture no doubt involves good amount of skill and labor

Copyright and related rights are legal concepts and instruments which, while respecting and protecting

the rights of creators in their works, also contribute to the cultural and economic development of nations.

Copyright law fulfills a decisive role in articulating the contributions and rights of the different stakeholders

taking part in the cultural industries and the relation between them and the public.

WIPO, through its Copyright and Related Rights Sector, is committed to that crucial role.

The Sector works currently on the development of international norms and standards in the area of

copyright.

It works closely with the Standing Committee on Copyright and Related Rights, which is presently

discussing the updating of the international protection of broadcasting organizations, as well as the possible

introduction of international protection of non-original databases, which presently do not qualify for

protection under copyright law.

In addition, the Copyright and Related Rights Sector actively promotes the WIPO Copyright Treaty (WCT)

and the WIPO Performances and Phonograms Treaty (WPPT), known together as the "WIPO Internet

Treaties", by arranging meetings and seminars and providing speakers for other meetings arranged by

WIPO.

These treaties are part of the WIPO Digital Agenda, which sets out a series of guidelines and goals for

WIPO in seeking to develop practical solutions to the challenges raised by the impact of new technologies

on intellectual property rights.

This site provides information concerning past and upcoming meetings organized by WIPO in the field of

copyright and related rights, and provides a comprehensive archive of information resources (including

documents, reports, studies and guides), resulting from WIPO's activities in these areas.

The site also links to the WIPO Electronic Bookshop and other WIPO activities related to copyright, which

are described under "Related Links".

Bibliography:

Copyright- Wikipedia

Understanding copyright and Related Rights : WIPO

Copyright presentation by Prathibha N Singh

Relevance of Copyright and Related Rights for SMEs Professor Prabuddha Ganguli

A Copyright Tutorial By Lesley Ellen Harris

Picture archive council of America

Thankyou!