copyrights

Copyright as a part of Intellectual property rights with reference to certain clauses of TRIPS

Presented by

Viraj Shah -13081

Shreya Sakaria-13067

Shefali Ramavat-13065

Sucheta Patil-13069

Yash Seth- 13083

Twinkle Chadva -13075

Vaibhav Rokade -13077

Vinit Pimputkar-13079

Sujyothi Bhandary-13071

Introduction

• Copyright is a legal concept, enacted by most Governments

• The purpose of the project is to understand what is copyrights under Intellectual Property rights and its related articles in TRIPS.

• understand various aspects of Indian copyrights act with various case studies and caselets.

Contents(flow)

• IP• Berne Convention,WIPO,TRIPS,Indian Contract Act• Copyrights• Comparison between TRIPS and Berne convention• Related rights under TRIPS and INDIAN Contract Act• Comparison between India and South Africa• Statistics• Conclusion

Intellectual Property Rights

• Refers to creations of the mind.• Owner has an exclusive right of protecting his

intangible property• Countries have laws to protect intellectual property

for two main reasons. o to give statutory expressiono to promote, creativity and to encourage fair-trading

Intellectual Property

Copyrights* Industrial Property

Patents Industrial Designs Trademarks Geographical

Indications

Nature of IPR

• Largely territorial rights except copyright.• Have to be renewed from time to time.• IPR can be held only by legal entities • First recognized in Paris Convention for the

Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886.

• Administered by the World Intellectual Property Organization (WIPO).

Berne Convention

• International agreement governing the area of copyrights

• accepted in Berne, Switzerland in 1886.• to recognize the work or creation of authors or artist

from other signatory countries in the way as it recognizes the work from authors or artists from its country.

• For eg. French copyright law

WIPO(World Intellectual Property Rights )

• Self funding agency by UN Established in 1967• Developing a balanced and accessible international intellectual

property (IP) system

• Helps in protecting rights of creators and owners

• Currently 186 Member States

• Core Tasks:• Developing international IP laws and standards• Encouraging the use of IP for economic development• Promoting a better understanding of IP• Providing a forum for debate

TRIPS (TRADE RELATED INTELLECTUAL PROPERTY RIGHTS)

• Sets down minimum standards for many IPR as applied to all the member nations of the WTO.

• came into force on 1 January 1995 • It has expanded the scope of the agreement from

goods to services and also includes Intellectual Property.

• TRIPS contains most of the Berne Convention rules.• The Berne Convention, however, does not contain all

of TRIPS' provisions

INDIAN COPYRIGHT ACT, 1957

• The Copyright law in the country was governed by the Copyright Act of 1914, which was the extension of the British Copyright Act, 1911

• Extent and commencement:• It extends to the whole of India.• It came into force on 21st January ,1958 vide a

notification no.269

COPYRIGHTS

• Copyright grants exclusive rights to the creators to control the copying and some other forms of exploitation of copyright material.

•  First Copyright Act was passed in 1914 .• It protects only the form of expression of ideas,

not the ideas.• any creative work cannot be copied without the

permission of the author/creator• For eg. MF Hussain’s painting

Works Protected by Copyright

Literacy Works Dramatic Works

Musical Works

Artist WorksFilmsSound Recordings

Broadcast

Typographic Works

The Da Vinci Code VS The Holy Blood and the Holy Grail

• A central principle of copyright is that it protects the

expression of idea not the idea itself.

• Background

• Legal issues

• Judgement

• Significance

• And Finally…

USE OF COPYRIGHTS• A Copyrighted work may be used or copied under certain

conditions:

• Public domain-work belongs to the public as a whole ,works with an expired copyright or no existing protection

• Permission-prior approval for proposed use by the copyright owner

• Legal exception-use constitutes an exemption to copyright protection –

Fair use-use for educational and non-commercial purpose with certain restrictions eg,research,comentary,parody,teaching

CASELETS

• CASES UNDER FAIR USE-• Fairuse is a doctrine in copyright which allows

limited use of copyrighted material without permission.

• Case1-legal solution to photocopy row

-Case

-outcome

-Significance

Exclusive rights

• to produce copies or reproductions of the work and to sell those copies

• to import or export the work• to create derivative• to perform or display the work publicly• to sell or assign these rights to others• to transmit or display by radio or video• Eg. Mickey mouse

Rights Protected

There are two types of rights under copyright.• Moral

- the paternity right

-the right to integrity• economic- translate/adapt/arrange or otherwise- reproduce

- make it available to the public

CASE STUDY-CASE AGAINST MORAL RIGHTS

Background

Comparison

Dishonesty

Public vote on this

Big vs Small: A matter of Justice for all

Limitations on Rights

• Works are excluded from protection if they are not fixed in tangible form

• The second category of limitations concerns particular acts of exploitation.

(a) free use

(b)non-voluntary licenses.

CASELETS

CASE2- rogers vs. Koons

-Case

-outcome

-Significance

DURATION

• The European Union, the United States of America and several others have extended the term of copyright to 70 years after the death of the author.

• Whereas India have extended upto 60 years.

• The rationale behind this is after a certain time form part of the cultural heritage and thus be free for use.

DIFFERENCE BETWEEN TRIPS AND BERNE CONVENTION LAWS

• TRIPS requires member countries to grant copyright protection to computer programs and data compilations. 

•  TRIPS does not require the protection of authors' moral rights.

• TRIPS allows for some flexibility in its implementation( eg:setting standards of protection,enforcement of rights)

• TRIPS requires member countries to provide effective sanctions for violations of copyrights

RELATED RIGHTS UNDER TRIPS

Article 10

• Computer Programs and Compilations of Data:• Computer programs shall be protected as literary

works under the Berne Convention• the source code is the main working logic of any

software program, this source code can be used for making similar programs by the competitors therefore source code or object code is protected as a literary work.

AMENDMENTS IN INDIAN COPYRIGHT,

A comprehensive definition for "computer program" (absent in the previous Act)

• "computer program" means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium capable of causing a computer to perform a particular task or achieve a particular result“

protecting object code as well as source code

Article 14• Protection of Performers, Producers of Phonograms

(Sound Recordings) and Broadcasting Organizations:Performers • This right allows performers to prohibit the recording and

broadcasting of their live performances without their consent.

Producers of phonograms• phonograms are protected by this law so that they can prohibit

other people from copying,

Broadcasting Organizations:• Broadcasting organizations are provided the rights to authorize or

prohibit re-broadcasting, fixation and reproduction of their broadcasts.

• Example: metallica v/s napster case

• Article 12• Terms of Protection:The duration of the copyright validity must be at

least 50 years.

AMENDMENTS IN INDIAN COPYRIGHT, 1999

• Copyright Act to broadcasts and performances copyright protection extended upto 50 years( from present 25yrs), computed from the end of the calendar year in which the performance took place

• If an application for registration of copyright is filed by an applicant who is a member of either of the Conventions copyright protection would be afforded to the applicant automatically, there is no need for registration therefore.

Copyright Amendment Act, 2012

• Statutory license for broadcasting of literary and musical works and sound recording ,Section 31D

to broadcast a literary or musical work and sound recording which has already been published ----by prior notice &payment

• Provisions to Apply in case of broadcast reproduction rights & performer’s right sec 39

Any work or performance that has been broadcast, no license to reproduce such broadcast shall be given

• Insertion of new sections 38A and 38B• Exclusive Rights Of Performers• Moral rights of the performer

RELATED RIGHTS UNDER TRIPS

• Article 11 • Rental Rights:• a member nation will provide authors and their

successors in title the right to authorize or to restrict/prohibit the commercial rental to the public of originals or copies of their copyright work.

• For eg. HMV music

Penalty for Copyright Infringement in India

Minimum punishment for infringement of copyright:• Imprisonment for six months.• With the minimum fine of Rs. 50000.

If same act is repeated again then minimum punishment is:

• Imprisonment may extend to 3 years• And fine of Rs. One lakh- two lakh

Eg-20th Century vs sohail maklai entertainment-

$340,000

COMPARISON INDIA AND SOUTHAFRICAItems India South Africa

Copyright act 1957 1965

Duration of Copyright

Life of author and then through end of year plus 60 years

Life of author and then through end of year plus 50 years

Moral Rights yes yes

Penalty for infringment

Fine:50,000-2lkh Rs Imprisonment:6 months to 3 yers

Fine :not exceeding 5-10 thousand rand Imprisonment not exceeding 3-5 years or both

Statistics

Statistical dataTop 5 economies in commercial Value of pirated pc software, 2012

Conclusion

• Right from statute of Anne to TRIPS copyrights Law has been developing and changing to provide

better protection and stronger hold to the owners

• Recognition as a serious crime not only damaging creative potential but also causing economic loss

• Awareness among people ,proper enforcement efficient copyright cells and copyright societies can bring down the infringement

THANK YOU