Copyright1

LIS 5012 – Intellectual Property Rights

Done By

Gana.G.S.Roll no:12

Dept.of Library and Information ScienceUniversity of Kerala

“ The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work ”

(Oxford English Dictionary)

C HGR IYPO T

Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to receive compensation for their work and be able to financially support themselves.

Whose rights are protected by Copyright ?

Copyright protect the rights of authors i.e., creators of intellectual property in the form of literary , musical, dramatic and artistic works and cinematograph films and sound recordings.

What are the rights in the case of an original work ?

1. To reproduce the work.2. To issue copies of the work to the public.3. To perform the work in public.4. To communicate the work to the public.5. To make cinematograph film or sound

recording in respect of the work.6. To make any translation of the work.7. To make any adaptation of the work.

What is the procedure for registration of a work under the Copyright Act, 1957?

The work is registered in the register of

Copyrights maintained in the copyright

Office of the Department of Education. The

entries made in the Register of Copyrights

serve as prima-facie evidence in the court

of law. The Copyright Office has been set up

to provide registration facilities to all types

of works and is headed by a Registrar of

Copyrights and is located at New Delhi.

Term of Protection of copyright

Lifetime of the author + 60 years

50 years from the date of Publishing

Literarydramaticmusical

artistic worksphotographs

Anonymous and pseudonymous works

Posthumous workCinematograph films

Sound recordsGovernment work

Public undertakingsInternational Agencies

Broadcast Reproduction 25 years

Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.

Indian Perspectives - The Copyright Act 1957

Salient Features:1) Copyright Office establishment and Keeping the Copyright

Register.

2) Assessing Compensation and Fixing royalty by the copyright board.

3) Definition of Copyright was enlarged.

4) Separate copyright for components of Cinematographic works.

5) Normal copyright term is lifetime of author + 25 years for anonymous work, cinematograph films, photographs etc and lifetime of author + 50 years for others.

6) Right to translation of work within 10 years.

7) Issue of general or special license for public performances.

8) License issued to make use of the copyright persisting work, where one copy of the work to be issued to any library.

9) International Copyright relations are regulated by specific orders by the Central Government.

10) Fair dealing of any work for the purpose of judicial proceeding will not consider as infringement of copyright.

AMENDMENTS

1983 Amendment

August 1983, Parliament of India.

1) Compulsory licensing for the translation of a foreign work after the expiry of three years and for native work after the expiry of one year from the publication of the work, if it is required for the teaching or research purpose.

2) Compulsory licensing of the reproduction of any edition of a foreign literary, scientific or artistic work for the instructional purposes after the expiry of certain periods from the date of first publication, normally charged.

Amendment 1983 Contd…

3) In case of unpublished works where the owners of copyright cannot be traced, any person wishing to publish / translate the work should apply to the Copyright Board for the permission.

An appropriate royalty will be fixed by the Copyright board, is deposited in the Public Account of India or in other place for a specific period so that when the owner becoming known, he could claim it.

Amendment 1983 Contd… 4) It is proposed to prescribe the terms of copyright

of the works as fifty years from the date of first publishing.

5) Broadcasting authorities are also being permitted to translate foreign works for broadcasting for the purpose of systematic instructional activities.

6) Lectures, Addresses delivered in public and for the publication of the entries made in Copyright Register.

Amendment 1984 Contd… 3 types of Piracy :

i) Piracy of the printed word. ii) Piracy of the sound recordings.iii) Piracy of cinematography films.

1) To increase the punishment provided for the infringement of the copyright namely, imprisonment from 6 months to 3 years and a fine with a minimum of 50,000/- to 2 lakhs.

2) To provide for enhanced punishment in case of second and subsequent convictions.

Amendment 1984 Contd…

3) To provide declaration of the offence of infringement of copyright as an economic offence so that the period of limitation provided in the Code of Criminal Procedure,1973,for offences will not be applicable to this offence.

4) To specifically make the provisions of the Act applicable to video films and computer programmes and to display certain contents thereof.

Amendment 1994

1) Performers’ rights protection covering any live visual or artistic presentation by one or more performers.

2) To promote collective administration of the rights of authors, composers and other creative artists.

3) Assignment of copyright by an author or artist to protect the interest of both assigner and assignee.

4) Computer programmes, cinematograph films and sound recording protection.

Amendment 1999

1) Amended definition of ‘literary work’.

2) Meaning of copyright in respect of a computer programme.

3) Increased the term of copyright of performers from 25 to 50 years

Amendment 1999 Contd…

4) Inserted certain new provisions pertaining to the power of the Central Government to apply the provisions relating to Broadcasting organizations and performers to broadcasting organizations and performers in certain other countries, and power to restrict rights of foreign broadcasting organizations and performers.

Amendment 2012

1) In case of commissioned cinematograph

work, the commissioning party, and in case of

employer-employee relationship, the employer

is considered to be the first owner of work.

Amendment clarifies that provision will not

apply in relation of literary, artistic, musical and

dramatic work in case of cinematograph film.

The author of the work is considered to be the

first owner of the work.

Amendment 2012 Contd…

2) Authors of literary or musical work incorporated in films and sound recordings (not part of films) have the right to receive royalties equal to royalties received by assignee of such rights in case of exploitation of work (except communication to public in cinema halls). Scriptwriters and screenplay writers are intended to be covered under provision.

3) Authors will get royalties in case of exploitation of work. Amount of royalty is 50% of amount assigned to assignee.

Other Amendments:

1. Term of copyright for photographs has been extended to authors life+ 60 years. Previously it was 60 years from the date of publication

2. Sec 15 of the act relating to copyright in designs has been amended to accommodate the design act 2000, for introduction of new act to protect Industrial Design.

3. Amendments have been made in sec 45 to make changes consequential to the trade mark act, 1999.

4. As per amendment in sec 30 the required condition of grant of license is fulfilled by giving in writing. signature is not required

“A court in China has ordered Apple to pay compensation to eight Chinese writers and two companies for violating their copyrights. They had claimed that unlicensed electronic versions of their books had been sold on Apple's online store.”

Microsoft has filed a copyright case against Kamlesh Kumar Jha, the owner of New Delhi-based KK Software Solutions, and other defendants for allegedly indulging in software piracy and counterfeiting Microsoft products, in the Delhi High Court for permanent injunction and damages. Jan 18, 2013

Conclusion

Copyright laws are aimed to ensure that the

work which is done by someone else has

exclusive rights to that person to make money

and that he should be paid by anyone who wants

to make commercial gain from that work. The

fact that most of the current generation is guilty

of copyright violations in some form or the other

is indicative of an untenable legal position.

REFERENCETextbook:1) P.S.G.Kumar, “Information and Communication” . Kumar’s

Curriculum Series in Library and Information Science,8.

Blogs: 2) “Copyright Amendment Bill 2012 receives Indian Parliament

Ascent” - (cis- india.org/a2k/blog/analysis-copyright-amendment-bill-2012 )

2) “Overview of changes to the Indian Copyright Law” - (nopr.niscair.res.in/bitstream/.../1/JIPR%2017(4)%20324-334.pdf)

Websites:

http://www.bbc.com/news/business-20856199

http://www.newser.com/tag/19824/1/copyright-infringement.html

http://copyright.gov.in/

en.wikipedia.org/wiki/Copyright_law_of_India