COPYRIGHT LAW

-MADHURI KULKARNI PRUDENT LEGAL SOLUTIONS PRIVATE LIMITED

 LITERARY AND ARTISITC WORKS

 MUSICAL WORKS AND CINEMATOGRAPH FILMS

 SCULPTURES AND ARCHITECTURAL WORKS

 DRAMATIC WORKS

 COMPUTER PROGRAMS AND DATABASES

 PAINTINGS, PHOTGRAPHS, DRAWINGS, MAPS, PLANS, ETC

Characteristics

The artist/author/owner/composer of the work has bestowed sufficient judgement, skill and labour or capital There is a material form of expression of ideas There is originalility in the manner (form) of expression All these features entitle the author/owner/ composer with certain rights under the Copyright Act, 1911.

Meaning of copyright
Copyright" means the exclusive right to reproduce, publish, perform, translate, adapt, make copies, communicate, etc of
(a) (b) (c) (d) literary, dramatic or musical work artistic work cinematograph film sound record

Protection of copyright
REGISTRATION OF COPYRIGHT Copyright Office (New Delhi, Kolkatta, Mumbai, Chennai) Registrar of Copyrights Procedure for registration 1. Application in prescribed format with fees 2. Objections/inquiry 3. Registration (entry in the Register of Copyrights)

Term of copyright

Generally 60 years + life time of author/owner/artist 60 years from date of publication if published after death of author/owner/artist 25 years for performers 60 years from date of publication (photographs, films, records, etc)

Infringement of copyright

Copying and reproduction Communication/exhibition/performance in public Translation/adaptation Selling copies/ giving on hire Distribution for trade

Remedies Injunction Damages Account for profit Destruction of infringing copies

Instances of applicability to Industrial Sector

Industrial/engineering drawings - Are Artistic Works - Copyright vests in product drawing - The criteria for judgement is sufficient performance of independent labour

Brouchers/catalogues A catalogue of items sold by a trader or list of products by a manufacturer is capable of copyright

Computer programs - a set of instructions, codes to perform a particular task or achieve a particular result. - considered to be literary works and entitled for protection

Names of industrial units The artistic work in the name of the unit (a proprietory concern, a partnership firm or a company) can be protected

 Names of products/services The artistic work in the name of the products/services can be protected

Commissioned works Works done at the instance of another belong to the provider of the work (who pays consideration) Works made in the course of employment The employer is the first owner of the works of employees/apprentices

INDUSTRIAL DESIGNS
Shape, design, confuguration, pattern or ornamentation or form of appearance of an article are very important in shaping the buyers preference Visual appeal which distinguishes an article plays crucial role Though there is artistic work, it can qualify for registration either under the Copyright Act or Designs Act.

Conditions for a registerable design

Original (and not previously published in India) Have visual appeal Design must be applied to the article (two dimensional or three dimensional) No prior publication

Registration of Design

Application - To the Controller of Designs - Application alongwith representation of the design and class in which the design is to be registered Acceptance/objections Hearing Registration

Rights of the Proprietor

Use Protection against piracy Term is 10 years from registration

Thank You

-MADHURI KULKARNI PRUDENT LEGAL SOLUTIONS PRIVATE LIMITED