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Copyright

What can be
protected?
 Protects ONLY the form of expressions of Ideas

 Does not protect unexpressed Ideas


Ideas Vs Expressions
 All literary and artistic
works are liable for
protection.
 Includes very original
work of authorship
Key Words
 Originality : it should originate from the
author – product of independent creation
 Fixation : – should be expressed in a material
form
Categories of copyrighted
works

Literary Dramatic
Films

Music
Artistic
Photographic
Berne convention
 The expression “ Literary and artistic works”
shall include every production in the literary,
scientific and artistic domain; whatever maybe
the mode or form of its expression
Can be :
 Artistic creations : Books, music, paintings ,
sculptures, Films.
 Technology based works : Computer
programmes, Electronic databases
Content on
websites
‘Look and feel’
 Product catalogs
 Artwork and text
on product
literature
WHO OWNS THE COPYRIGHT
IN A WORK ?
 The Creator
 Exceptions:
Written agreement to the contrary
Made for valuable consideration
a freelance artist who created the
copyrighted work;
an employer who hires employees who
create copyrighted works as part of their job.
What is Not protected?
 Ideas, Concepts,
Discoveries
 Titles, names, short
phrases, slogans
 Improvised speech or
dance : Works not fixed in a
tangible form
 Information commonly
available and containing no
originality
Rights Protected
 Right to Tangible property :
No trespassing
 Copyright ( Intangible):
Owner can use the work as
he wishes AND may
prevent others from using it
without his/her
authorization
Kinds of Rights
• Economic rights

• Moral rights
Economic rights
Owner derives a
financial reward
from the use of his
works by others
Economic Rights
 The owner can authorize/
Prevent
b) Reproduction in various
forms
c) Distribution of copies
d) Public performance
e) Broadcasting and other
communication to the
public
f) Translation to other
languages
g) Adaptation : Novel to
screenplay
Right to Reproduction
Most basic right
Right to authorize
distribution : Owner
derives economic
value
Right to authorize
rental of copies
Right to
Importation
Rights of Public
performance, broadcasting ,
communication
Public performance : Any performance of a
work at a place where the public is or can
be present; or at a place not open to the
public , but where a substantial number of
persons outside the normal circle of family
etc is present
Includes means of recordings
Broadcasting rights
Covers the transmission for public
reception of sounds, or of images and
sounds, by wireless means , whether by
radio , TV, or satellite
Can be replaced by equitable remuneration
Translation and adaptation
rights
 Needs authorization
from owner of original
work AND the owner of
translation and
adaptation
 Translation :
Expression of a work in
a language other than
the original version
 Adaptation :
Modification of a work
to create another work
Moral Rights
 Moral rights :
Preserves the
personal link
between himself and
his work
b) Right to claim
authorship
( Right of paternity)
d) Right to object to
any distortion/
Modification of the
work which can be
prejudicial to the
Moral Rights
Moral rights : Independent of Economic
rights
Remains with the author even if economic
rights are transferred
Given only to Individual authors
Limitations on rights
 Categories of works : Ex works not fixed
in tangible form
 Particular acts of exploitation which can
be carried out without authorization:
c) Free use : No obligation to compensate
the owner
d) Non voluntary licenses
Free use

Quoting from a protected work


Illustration for teaching purposes
News reporting
Some laws allow for personal, private and
non commercial use
Fair use
 Also called Fair dealing( Sec 52 of
copyright act)
 Allows without authorization :
c) Nature and purpose of use : Commercial
nature or for Non-profit use?
d) Amount of work with respect to the whole
work: Quotes/ Images not covering
substantial volume
e) Likely effect of the use on potential
commercial value.
Cannot be authorized incase the copied work
exceeds the commercial work of the
Examples of Fair
use
Class studying an artist using samples to
critique and analyze his/her work;
Making a collage for a school project;
Manipulating an image to learn Photoshop
or other software.
Duration

Begins at creation
Life of author and 50 years after his/her
death
References
Importance of Copyright in textiles ,
apparel and Lifestyles : Jyotsna
Balakrishnan
Relevance of Copyright and Related Rights
for SMEs Professor Prabuddha Ganguli
Picture archive council of America
Understanding copyright and Related
Rights : WIPO