7/29/2019 copyright --evolution and elements--SEPT 16.ppt http://slidepdf.com/reader/full/copyright-evolution-and-elements-sept-16ppt 1/66 COPYRIGHT LAW IN INDIA: EVOLUTION AND ELEMENTS IGNOU September 16, 2007 Raman Mittal Reader Faculty of Law University of Delhi
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7/29/2019 copyright --evolution and elements--SEPT 16.ppt
• Independently of the author's copyright and evenafter the assignment---, the author of a work shallhave the right-
(a) to claim authorship of the work; and
(b) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done
before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
• Literary work includes computer programmes,tables and compilations including computer databases [Sec. 2(0)]
• A name
Du Boulay v. Du Boulay (1869) LR 2 PC 430• "... in this country we do not recognise the
absolute right of a person to a particular name tothe extent of entitling him to prevent the
assumption of that name by a stranger. ... the mereassumption of a name, which is the patronymic of a family, by a Stranger who had never before beencalled by that name, whatever cause of annoyanceit may be to the family, is a grievance for which
our Law affords no redress."
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
Dramatic Works• “Dramatic work” includes any piece for
recitation, choreographic work or entertainmentin dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematographfilm [s. 2(h)]
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
• "cinematograph film" means any work of visualrecording on any medium produced through a processfrom which a moving image may be produced by anymeans and includes a sound recording accompanying
such visual recording and "cinematograph" shall beconstrued as including any work produced by any
process analogous to cinematography including videofilms [section 2(f)]
• Author is the producer [section 2(d)(v)]
• Feature film, Documentary,Video,TV film
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
[2(ffa)"composer", in relation to a musical work,means the person who composes the musicregardless of whether he records it in anyform of graphical notation]
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
• S.17 provides for the following cases where (in the absenceof any agreement to the contrary) the first owner of copyrightis someone other than the author
• If an author creates a literary, dramatic or artistic work in the
course of employment in a newspaper, magazine or similar periodical, which is for the purpose of publication in the periodical, then the proprietor is the first owner of copyrightfor the purpose of such publication, though not for other
possible uses of the work
b. subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or anengraving or a cinematograph film made, for valuableconsideration at the instance of any person, such person;
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
c. in the case of a work made in the course of the author'semployment under a contract of service or apprenticeship,to which clause (a) or clause (b) does not apply, the
employer cc. in the case of any address or speech delivered in public,
the person who has delivered such address or speechnotwithstanding that the person who delivers such addressor speech is employed by any other person who arranges
such address or speech;]
d. in the case of a Government work, Government;
dd. in the case of a work made or first published by or under the direction or control of any public undertaking, such
public undertakinge. in the case of a work to which the provisions of Section 41
apply, the international organisation concerned shall be thefirst owner of the copyright therein.
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
(1) If an assignee fails to make sufficient exercise of therights assigned to him, then, the Copyright Boardmay, on receipt of a complaint from the assignor andafter holding such inquiry as it may deem necessary,
revoke such assignment.(2) If any dispute arises with respect to the assignment
of any copyright the Copyright Board may, on receiptof a complaint from the aggrieved party and after
holding such inquiry as it considers necessary, passsuch order as it may deem fit including an order for the recovery of any royalty payable: – [19A]
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
• A license is an authorization of an act which, withoutsuch authorization becomes infringement
• In essence a license is a grant of authority to do a particular thing which otherwise could not have been
done – amounts to a consent or permission granted by the owner of copyright that the licensee could carry out a restrictedact which but for such permission could have been aninfringement
• Owner of copyright in an existing work or futurework „may grant any interest in the right by licensein writing signed by him or his duly authorizedagent‟ (S. 30)
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
Exclusive & Non Exclusive Licenses• “exclusive license” 2(j) -- a license which confers
on the licensee and persons authorised by him, tothe exclusion of all other persons (including theowner of the copyright), any right comprised inthe copyright in the work.
• A non exclusive license on the other hand does notconvey any right of exclusion. – It is only a grant of an authority to do a particular thing
which otherwise would have constituted infringement.
• When a right owner grants an exclusive right, he
denudes himself of all the rights and retains noclaim on the economic rights so transferred.
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
• Transfer of ownership of the rights – Assignment leaves nothing in the grantor qua the
right assigned bestowing in the grantee the wholeof the legal interest in the right
• Capacity to sue for infringement – A licensee cannot sue for infringement of copyright unless he joins the copyright owner asa co plaintiff in the action.
• S. 61 of the Act provides that in every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, theowner of copyright shall be made a defendant,unless the court otherwise directs
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
(a) when any person, without a licence granted bythe owner of the copyright-
(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the
copyright, or (ii) permits for profit any place to be used for thecommunication of the work to the public wheresuch communication constitutes an infringementof the copyright in the work, unless he was not
aware and had no reasonable ground for believingthat such communication to the public would bean infringement of copyright; or
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
MGM Studios, Inc. v. Grokster, Ltd. (04-0480), 125 S. Ct. 2764 (2005)
• The Court unanimously held that defendant P2Pfile sharing companies Grokster and Streamcast(maker of Morpheus) could be sued for inducingcopyright infringement for acts taken in the courseof marketing file sharing software.
• Frequently characterized as a re-examination of the issues in Sony Corp. v. Universal City Studios
• It has to be shown that the distributors of the program have advertised and/or otherwise induced
its use for copyright infringement; if this intentcan be shown, additional contributory aspects may be relevant
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
• On November 7, 2005 Grokster announcedthat it would no longer offer its peer-to-peer file sharing service.
• The notice on their website said, " The United
States Supreme Court unanimouslyconfirmed that using this service to tradecopyrighted material is illegal. Copyingcopyrighted motion picture and music files
using unauthorized P2P services is illegaland is prosecuted by copyright owners."
• Grokster was forced to pay $50 million to themusic and recording industries.
7/29/2019 copyright --evolution and elements--SEPT 16.ppt
Contracting Parties shall provide adequate and effectivelegal remedies against any person knowingly performingany of the following acts knowing, or with respect to civil
remedies having reasonable grounds to know, that it willinduce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the BerneConvention:
(i) to remove or alter any electronic rights managementinformation without authority;
(ii) to distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights
management information has been removed or alteredwithout authority
Art. 12(1) of WCT
7/29/2019 copyright --evolution and elements--SEPT 16.ppt