Cppy rights

D.DIMPLE M.PHARMACY PHARMACOLOGY 1ST YEAR

1

COPYRIGHTS

Presented by Darvesh Dimple M.Pharmcy Pharmacology 1st year


2

Definition:

• Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.

• Copyright also includes the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work.

http://en.wikipedia.org/wiki/Exclusive_rights


3

• © is the copyright symbol in a copyright notice

• DVD: All Rights Reserved

http://en.wikipedia.org/wiki/Copyright_symbol

http://en.wikipedia.org/wiki/Copyright_notice

http://en.wikipedia.org/wiki/All_Rights_Reserved


4

Copyright Act 1957

• The Copyright Act, 1957 came into effect from January 1958. This Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999, with the amendment of 1994 being the most substantial.

• Prior to the Act of 1957, the Law of Copyrights in the country was governed by the Copyright Act of 1914. This Act was essentially the extension of the British Copyright Act, 1911 to India.

• Even the Copyright Act, 1957 borrowed extensively from the new Copyright Act of the United Kingdom of 1956. The Copyright Act, 1957 continues with the common law traditions.


5

• The Indian Copyright Act today is compliant with most international conventions and treaties in the field of copyrights.

• India is a member of the Berne Convention of 1886 (as modified at Paris in 1971),

• The Universal Copyright Convention of 1951 and • The Agreement on Trade Related Aspects of Intellectual

Property Rights (TRIPS) Agreement of 1995.


6

Internet treaties

• Two new treaties, collectively termed as Internet Treaties, were negotiated in 1996 under the auspices of the World Intellectual Property Organization (WIPO).

• These treaties are called the ‘WIPO Copyrights Treaty (WCT)’ and the ‘WIPO Performances and Phonograms Treaty (WPPT)’.

• These treaties were negotiated essentially to provide for protection of the rights of copyright holders, performers and producers of phonograms in the Internet and digital era.

• India is not a member of these treaties; amendments are being mooted to make Act in compliant with the above treaties in order to provide protection to copyright in the digital era.


7

International law of Copyright

• The TRIPS agreement of WTO: Section 1 of part 2 of TRIPS Agreement is related to Copy

rights and related rights Article 6 bis of Berne Convention relating to Moral Rights

read thus:

1) “Independently of the authors economic rights and even after the transfer of said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation.


8

2) The Rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be excercisable by the persons or institutions authorised by the legislation of the country where production is claimed

3) The means of redress for safeguarding the rights granted by this Article shall be governed by the legislation of country where protection is claimed”.


9

Basics of Copyright

• A Work has to be in a tangible form

• It has to be Creative under one of the category mentioned

• It is the expression part not the idea part

• Originality is the criteria

• Utility is not a criteria


10

Works considered for Copyright protection:

literary works: novels, short stories, poems, dramatic works and any other writings, irrespective of their content , length, purpose, form (handwritten, typed, printed; book, pamphlet, single sheet,newspaper, magazine); whether published or unpublished; in most countries “oral works,” that is, works not reduced to writing, are also protected by the copyright law

musical works: whether serious or light; songs, choruses, operas, musicals, operettas; if for instructions, whether for one instrument (solos), a few instruments (sonatas, chamber music, etc.), or many (bands, orchestras);


11

artistic works: whether two-dimensional (drawings, paintings, etchings, lithographs, etc.) or three-dimensional (sculptures, architectural works), irrespective of content (representational or abstract) and destination (“pure” art, for advertisement, etc.)

maps and technical drawings;

photographic works: irrespective of the subject matter (portraits, landscapes, current events, etc.) and the purpose for which they are made;

motion pictures (“cinematographic works”): whether silent or with a soundtrack, and irrespective of their purpose their genre (film dramas, documentaries, newsreels, etc.), length, method employed (filming “live,” cartoons, etc.), or technical process used (pictures on transparent film, videotapes, DVDs, etc.).

computer programs (either as a literary work or independently).


12

Scope of Copyright

• To reproduce work in any material form

• To issue copies

• To make translation

• To make any adaptation

• Reproduce two dimensional drawing in three dimensional object


13

Ownership of Copyright

• First owner of Copyright: The author of a work shall be the first owner of the

copyright.

Who is an author? • In the case of a literary or dramatic work the author, i.e., the

person who creates the work. • In the case of a musical work, the composer. • In the case of a cinematograph film, the producer. • In the case of a sound recording, the producer. • In the case of a photograph, the photographer. • In the case of a computer generated work, the person who

causes the work to be created.


14

Rights of the owner

The right of reproduction :

The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.


15

Performing Rights

Public readings, dramatic and musical performances before an audience need authorisation by owner. The right to control this act of public performance is of interest not only to the owners of copyright in works originally designed for public performance, but also to the owners of copyright, and to persons authorized by them, when others may wish to arrange the public performance of works originally intended to be used by being reproduced and published. For example, a work written originally in a particular way in order to be read at home or in a library may be transformed (“adapted”) into a drama designed to be performed in public on the stage of a theater.


16

Recording Rights• The third act to be examined is the act of making a sound

recording of a work protected by copyright. So far as music is concerned, sound recording is the most favored means of communicating a work to a wide public. This serves much the same purpose for musical works as books serve for literary works.

• Sound recordings can incorporate music alone, words alone or both music and words. The right to authorize the making of a sound recording belongs to the owner of the copyright in the music and also to the owner of the copyright in the words. If the two owners are different, then, in the case of a sound recording incorporating both music and words, the maker of the sound recording must obtain the authorization of both owners.


17

Motion Picture Rights

• A “motion picture” is a visual recording, giving to viewers an impression of motion. In the technical language of copyright law it is often called a “cinematographic work” or an “audiovisual work.” In some countries the word “film” is used instead of the expression “motion picture.”

• A drama originally written for performance by performers to an immediately present audience (“live performance”) can be visually recorded and shown to audiences far larger in numbers than those who can be present at the live performance; such audiences can see the motion picture far away from the place of live performance and at times much later than the live performance.


18

Translation and Adaptation Rights

• The acts of translating or of adapting a work protected by copyright require the authorization of the copyright owner.

“Translation” means the expression of a work in a language other than that of the original version.

“Adaptation” is generally understood as the modification of a work from one type of work to another, for example adapting a novel so as to make a motion picture, and for example adapting an instructional textbook originally prepared for higher education into an instructional textbook intended for students at a lower level.


19

Moral rights

• The Berne Convention requires member countries to grant to authors:

- the right to claim authorship of the work;- the right to object to any distortion, mutilation or other

modification of, or other derogatory action in relation to, the work which would be prejudicial to the author’s honor or reputation.

• These rights are independent of the usual economic rights and to remain with the author even after he has transferred his economic rights.


20

Term of copyright

• Copyright shall subsist in any literary, dramatic, musical or artistic work published within the life time of the author until sixty years from the beginning of the calendar year next following the year in which the author dies ‘Calendar Year’ means the year commencing on the first day of January.

• In the case of anonymous or pseudonymous works it is 60 years from year of publication.

• In the case of posthumous publications it is 60 years from year of publication.

• The period of copyright for photograph, cinematograph and sound recording is until 60 years from the year of publication.

• If the first owner is government it is 60 years from the year of publication.


21

Limitations of Copyright protection

Temporal Copyright does not continue indefinitely. The law provides for

a period of time, a duration, during which the rights of the copyright owner exist.

Geographic The owner of the copyright in a work is protected by the law of

a country against acts restricted by copyright which are done in that country. For protection against such acts done in another country, he must refer to the law of that other country.

If both countries are members of one of the international conventions on copyright, the practical problems arising from this geographical limitation are very much eased.


22

Permitted Use• Certain acts normally restricted by copyright may, in

circumstances specified in the law, be done without the authorization of the copyright owner.

• Some examples of such exceptions are described as “fair use.” Such examples include reproduction of a work exclusively for the personal and private use of the person who makes the reproduction;

• another example is the making of quotations from a protected work, provided that the source of the quotation, including the name of the author, is mentioned and that the extent of the

quotation is compatible with fair practice.


23

Non-Material Works

In some countries, works are excluded from protection if they are not fixed in some material form. In some countries, the texts of laws and of decisions of courts and administrative bodies are excluded from copyright protection.

It is to be noted that in some other countries such official texts are not excluded from copyright protection; the government is the owner of copyright in such works, and exercises those rights in accordance with the public interest.


24

Copyright Office

• Section 9 of the Copyright Act requires for establishment of an office to be called the Copyright Office for the purpose of the Act. The Copyright Office is to be under the immediate control of a Registrar of Copyrights to be appointed by the Central Government, who would act under the superintendence and directions of the Central Government.

• The Copyright Office is currently located at the following address:

B-2/W-3, Curzon Road Barracks Kasturba Gandhi Marg New Delhi - 110001


25

Copyright Board

• Section 11 of the Copyright Act requires the Central Government to constitute a Copyright Board headed by a Chairman with not less than two and not more than 14 other members. Registrar of Copyrights is to be Secretary of the Copyright Board.

• Section 12 of the Copyright Act also lays down the powers of the Copyright Board and deems it to be a civil court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973 and also that all the proceedings of the Board would be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code.


26

Composition of Copyright Board

• Chairman

Mr.S. Ramaiah (Former Law Secretary to the Government of India)

• Member • Joint Secretary-in-charge of Copyrights Ministry of Human

Resource Development Department of Secondary Education and Higher Education, Government of India

• Joint Secretary and Legal Adviser in the Ministry of Law, Justice and Company Affairs) dealing with Department of Secondary Education and Higher Education, Government of India

• Law Secretary, Government of Kerala • Law Secretary, Government of Karnataka • Law Secretary, Government of Rajasthan


27

• Law Secretary, Government of West Bengal • Law Secretary, Government of Meghalaya • Law Secretary, Government of Maharashtra • Law Secretary, Government of Uttar Pradesh • Law Secretary, Government of Madhya Pradesh


28

• The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to:

– hear appeals against the orders of the Registrar of Copyright;

– hear applications for rectification of entries in the Register of Copyrights;

– adjudicate upon disputes on assignment of copyright;

– grant compulsory licences to publish or republish works (in certain circumstances);

Powers of Copyright Board


29

– grant compulsory licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work;

– hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country;

– fix rates of royalties in respect of sound recordings under the cover-version provision; and

– fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work


30

Special powers of Registrar

• The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely,

summoning and enforcing the attendance of any person and examining him on oath;

requiring the discovery and production of any document; receiving evidence on affidavit; issuing commissions for the examination of witnesses or

documents; requisitioning any public record or copy thereof from any

court or office; any other matters which may be prescribed.


31

CEAC

The government has set up a Copyright Enforcement Advisory Council (CEAC)


32

Composition of Copyright Enforcement Advisory Council

• Chairman

Additional Secretary, Department of Education, Ministry of Human Resource Development (Ex-officio)

• Vice-Chairman

Joint Secretary in-charge of Book Promotion and Copyright Division, Department of Education (Ex-officio)

• Members

Joint Secretary (Films), Ministry of Information & Broadcasting (Ex-officio)Joint Secretary, Department of Electronics (Ex-officio)Director General of Police, Government of Uttar PradeshDirector General of Police, Government of Andhra PradeshDirector General of Police, Government of GujaratDirector General of Police, Government of Punjab


33

Director General of Police, Administration of Chandigarh Representative of the Federation of Indian Publishers, New

Delhi.Representative of Authors’ Guild of India, New Delhi.Representative of the Federation of Publishers’ and Booksellers’ Associations in India, New Delhi.Representative of Film Federation of India, MumbaiRepresentative of National Association of Software Service Companies, New DelhiRepresentative of Phonographic Performance Limited, Mumbai.Representative of Indian Performing Right Society Ltd., MumbaiRepresentative of Cine Artistes Association, Mumbai


34


35


36

• Newspaper advert: "United States and Foreign Copyright. Patents and Trade-Marks A Copyright will protect you from Pirates. And make you a fortune."


37

• A copyright certificate for proof of the Fermat theorem, issued by State Department of Intellectual Property of Ukraine


38

• Newton's own copy of his Principia, with hand-written corrections for the second edition

http://en.wikipedia.org/wiki/Philosophi%C3%A6_Naturalis_Principia_Mathematica


39

License

• A license is an authorisation to do certain acts which, without such authorisation, would be an infringement.

• Licences can be exclusive or non-exclusive.

• Exclusive license means a license which confers on the licensee or on the licensee and persons authorised by him, to the extrusion of all other persons (including the owner of the copyright), any right comprised in the copyright in a work, and exclusive licensee shal be construed accordingly.


40

Piracy and Infringement

• The rights of an owner of copyright are infringed when one of the acts requiring authorization of the owner is done by someone else without his consent.

• The unauthorized copying of copyright materials for commercial purposes and the unauthorized commercial dealing in copied materials is known as “piracy.”


41

• Infringing a copy means In relation to a literary, dramatic, musical or artistic work, a

reproduction thereof otherwise than in the form of a cinematograph film,

In relation to cinematograph film, a copy of the film made on any medium by any means,

In relation to a sound recording any other recording, embodying the same sound recording, made by any means,


42

activities involving infringement of copyright:

– Making infringing copies for sale or hire or selling or

letting them for hire; – Permitting any place for the performance of works in

public where such performance constitutes infringement of copyright;

– Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ;

– Public exhibition of infringing copies by way of trade; and

– Importation of infringing copies into India.


43

Remedies

Remedies for infringement of copyright or for violation of related rights consist of civil redress, as where infringers are obliged by court to cease the infringement and to undertake reparatory action by any appropriate means, for example, rectification in the press or liability for damages.

Some laws also provide for penal remedies in the form of fines and/or imprisonment. Infringing copies, receipts resulting from infringement and any implement used for the same are usually subject to seizure.


44

Civil Remedies

• A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.

• The District Court concerned has the jurisdiction in civil suits regarding copyright infringement

• All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.


45

• The two usual remedies which are available for copyright owners in common-law jurisdictions following the final trial of an infringement action are a perpetual injunction and damages. The perpetual injunction is granted in order to prevent any further repetition of the infringing action.

• In order to make the injunction effective, it is often coupled with an order for the delivery by the infringer of all infringing copies of the copyright work, which are then subject to destruction so as to ensure that they cannot be re-used or sold.

Final Remedy


46

The object of an award of damages to a copyright owner is to restore the copyright owner to the position he would have been in had his copyright not been infringed. A difficulty often encountered in obtaining a satisfactory judgment in damages is the production of evidence as to the extent of sales which have taken place and thus as to the extent of damage which has been caused to the plaintiff’s copyright.


47

Of particular relevance to piracy, is the provision in some jurisdictions for additional damages in the case of a flagrant infringement of copyright. Before an award of additional damages can be made in such jurisdictions, however, it is necessary to establish that the infringer’s conduct has been deliberate and calculated, and that he has obtained a pecuniary advantage in excess of the damages that he would otherwise have to pay.


48

Cppy rights

Documents

british copyright act

thenew copyright act

indian copyright act

rights of copyright

copyright lawmusical

scope of copyright

basics of copyright

universal copyright