Copyright Law

Copyright Law

ByDr. Kalyan C. KankanalaBrain League IP Services

© 2009 Brain League IP Services Pvt. Ltd

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 

Generic Life Cycle 

Author Creative Work Copyright (Exclusive Rights) Term Public domain

Nature of Copyright 

Idea/Expression Original

Originate from author Modicum of Creativity 

Registration

R.G. Anand vs. Delux Films and Ors.

Play - Hum Hindustani Movie - New Delhi Hum Hindustani very popular - 1953, 54, 55

and 56 Director came to meet Anand - Anand read out

the play - Told that he would be informed Subject- Provincialism

R.G. Anand vs. Delux Films and Ors.

Play

Two families - Punjabi and Madrasi family - neighbours - Closely associated - Amni and Chander punjabi and madrasi families fall in love - Parents come to know - families relation strained - Girl and Boy decide to commit suicide - They write a letter - Parents on seeing letter realize the mistake - Marry them - Everyone happy.

R.G. Anand vs. Delux Films and Ors.

Movie

Anand young graduate from punjab comes to delhi - Fights with the girl 'Janaki'- Tries to find a place for rent but people refuse to give to any one except south indians - Disguises as a south indian and gets a place to stay - Meets the girl Janaki again – falls in love - Boy's parents come to Delhi - Girl's parents get to know the identity of Anand - Relations strained - Janaki decides to commit suicide leaving a letter - - Parents realize and get youngsters married.

Differences - Provincialism - Marriage - Rent - Casteism - Held no copyright violation

R.G. Anand vs. Delux Films and Ors.

Ideas not protected - Only Expression protected. It is infringement only if the expression of thought is copied. To prove copying it need not be an exact copy, It is enough if

the substantial portion has been copied - Substantial similarity in incidents, scenes and treatment.

Two works showing the same emotion would not be copies unless the expression has been copied.

Colourable imitation amounts to violation.

R.G. Anand vs. Delux Films and Ors.

Test - affect produced on the mind of a person - If the reader, spectator, person feels that a subsequent work is a copy of the original.

There can be no copyright in an idea, subject matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and expression of the idea by the author of the copyrighted work.

Copyrightable Subject Matter

Literary Dramatic Artistic Musical Cinematograph Films Sound Recordings 

V. Govindan vs. E. M. Gopalakrishna Kone and another

Compilation of a English - English - Tamil Dictionary The Appellants copied the dictionary slavishly Errors, arrangement and words. For a different purpose but retained words not

necessary - School Dictionary Dictionary is protectable under copyright - creative Held - liable

N. T. Raghunathan v. All India Reporter Ltd

AIR came up with head notes to case, which included important excerpts from the case.

Raghunathan copied those head notes.

Held that head notes are protectable under copyright law - Copying them is violation of copyright

Literary work

Print or Writing Books

Poems Computer programs Tables Compilations

Dramatic Work

Drama Piece for recitation Choreographic work Entertainment in a dumb show Scenic

arrangements or acting form - fixed in writing or  otherwise

Musical Work

Music

Graphical notation Does not include - words or action - sung, spoken or performed  with music

Artistic Work

Painting Sculpture Drawing Engraving Diagram Map Chart Plan Photograph Architecture

Cinematographic work 

Visual recording Any medium Produced through a process Moving image Including Sound recording

Sound Recording

Recording Any medium Produce sounds

Term

Literary, Dramatic, Artistic or Musical works Life plus sixty years Sixty years from publication Government - Sixty years Cinematographic work - 60 years

Ownership

First Owner – Author Sound recording and Cinematograph film –

Producer Employment – Employer

Contract of service Commissioned work

Valuable consideration 

Exclusive rights 

Bundle of rights

Reproduction Issue copies Distribute Public performance or communication Translation Adaptation Sell or Hire

Moral Rights 

Publication Paternity Integrity  Section 57 

Smt. Mannu Bhandari vs. Kala Vikas Pictures Pvt. Ltd. and another

Director. Kala Vikas has produced motion picture Samay Ki Dhara’ under assignment of filming rights of her novel ‘Aap Ka Bunty’.

Author alleges mutilation and distortion of the novel Movie different from Novel Consequences of divorce - impact on children Mother and Father divorce and remarry leaving the child One character who was adivisional manager in the novel has been

shown as a builder who gets contracts by supplying woman. The novel shows that the child becomes an orphan but the movie kills

him.

Held - No violation of moral rights.

Publication

First Publication in India Published outside India

Author citizen of India Not Published

Citizen or Domiciled in India - Creation

Publication

Issue copies Communication to public

Performer's rights

Actor, Musician, Juggler, Snake charmer, Acrobat, Lecturer, etc

Term - 50 years Rights Make sound recording or visual recording Reproduce sound or visual recording of performance Communicate to public Broadcast or otherwise 

Fortune v. Devanand

Movie - Darling Darling Contract that copyrights in performance

belong to Devanand until the agreed 7 Lakhs is paid completely

Fortune does not pay - Court issues injunction in seven territories

Transfer of Copyright

Assignment or License  Valid only if it is in writing and signed by

assignor or agent Doctrine of first sale Reversion of License - 1 year

Compulsory License 

Copyright Board 

Conditions Published or Performed in public Author refuse to republish or perform Not reasonable terms Withheld from public

Procedure

Complaint Enquiry Order publication or performance Reasonable compensation 

Infringement

Section 51 Any person Without license

Owner Registrar

Does anything that is exclusive right of copyright owner 

Infringement

Existence of copyright Owner of copyright

Copying Access Substantial similarity 

Look and feel test Abstraction-filtration and comparison test

Bradford v. Sahara

Romance novelist Barbara Taylor Bradford - A Woman of Substance

Sahara TV - 260 PART Television series inIndia Karishma - Miracles of Destiny - 13 million dollars USD Servant to head of an international organization Street sweeper to head of an international corporation Woman looking back on her life narrates Idea not expression - Held not liable

Educational Book Depot. v. Rabindra Nath Tagore

Dr. Rabindranath Tagore - Author of 'Gitanjali', The 'Gardener', and the 'Crescent Moon' - Published by Macmillan

EBT - Intermediate poems for detailed study - 1poem out of first book - 2 out of second book and - 1 out of the third book

Held infringed and granted damages of Rupees 400

Cunniah v. Balraj

Subramanyaswamy - Hindu Deity Balasubramanya - Younger version of the deity

Appellant made a picture a - Balamurugan Respondent made a similar picture - Mayura priya

Cunniah v. Balraj

Balamurugan Mayura Priya Different colour schemes Large picture and small picture Peacock faces left and right in the other Background - Fort and Temple Court Held colourable imitation of the picture Liable for copyright infringement

Exception to copyright infringement

Private use Teaching and Education Research Criticism or Review News reporting Judicial proceeding Legislative proceedings Archival for library

Civil Remedies 

Injunction Interlocutory Permanent

Damages Costs

Criminal Remedies

Mens Rea  Imprisonment

6 months to 2 years Fine

50,000 - 2 Lakhs

State of Andhra Pradesh v. Nagoti Venkatramanan

Video library - VIDEO CITY 90 CASSETTES Seized Liable for infringement Have to identify the owner to make some one

liable Fine - Rs. 10, 000