Adarsh Agarwal Ankur Behl Karan Kapoor Niladri Chatterjee Piyush Kamal Pratik Lohia Rahul Kumar

What is Copyright ?

 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. It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.

Its ll bout the Idea! "r isnt It?

Copyright in form or e#pression, not in idea! $%here is nothing in the notion of copyright to prevent a second person from producing an identical result...& 'nlike the case with patents, copyright protects the e#pressions and not the ideas. %here is no copyright in an idea.

%he Copyright ct ()*+

,irst ct in ()(-, followed by the Copyright Act 1957. ()*+ ct! adopted many .nglish provisions, introduced new ideas and concepts. /alid from 21 January 1958. Created Copyright "ffice and Copyright 0oard.

Features: Introduced civil and criminal remedies against infringement. Performing rights societies rights 1for instance, music royalties2 Definition of categories in which copyright actually subsists. International copyright. Definition of infringement.

Why Copyright?
,air Play! 3eward creative efforts. Thou shall not steal .#clusive rights for limited time 4 5egative right: prevent copying6reproduction. Copyright is necessary 4 encourage dissemination of copyrighted works 7 public interest

%erm of Copyright
Depends on nature of work6owner of copyright and whether the work has been published. 8ost works! 60 years. 1 multiple if multiple authors 2. 0roadcast 3eproduction! 25 years

What Copyright 9rotects

"riginal :iterary works ;ramatic works 8usical works rtistic Works Cinematograph ,ilms <ound 3ecordings

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.

3ights in case of a literary work

In the case of a literary work 1e#cept computer programme2, copyright means the e#clusive right %o reproduce the work %o issue copies of the work to the public %o perform the work in public %o communicate the work to the public. %o make cinematograph film or sound recording in respect of the work %o make any translation of the work %o make any adaptation of the work.

3ights in a dramatic work

%o reproduce the work %o communicate the work to the public or perform the work in public %o issue copies of the work to the public %o include the work in any cinematograph film %o make any adaptation of the work %o make translation of the work.

3ights in a cinematograph film

%o make a copy of the film including a photograph of any image forming part thereof %o sell or give on hire or offer for sale or hire a copy of the film %o communicate the cinematograph film to the public.

3ights in a sound recording

%o make any other sound recording embodying it %o sell or give on hire, or offer for sale or hire, any copy of the sound recording %o communicate the sound recording to the public.

3ight of reproduction
%he 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. %he most common kind of reproduction is printing an edition of a work. 3eproduction occurs in storing of a work in the computer memory.

daptation
daptation involves the preparation of a new work in the same or different form based upon an already e#isting work. %he Copyright ct defines the following acts as adaptations!

Conversion of a dramatic work into a non dramatic work Conversion of a literary or artistic work into a dramatic work 3e=arrangement of a literary or dramatic work ;epiction in a comic form or through pictures of a literary or dramatic work %ranscription of a musical work or any act involving re=arrangement or alteration of an e#isting work.

%he making of a cinematograph film of a literary or dramatic or musical work is also an adaptation.

.#emptions
<ub>ect to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some e#emptions have been prescribed in respect of specific uses of works en>oying copyright. <ome of the e#emptions are the uses of the work.

. for the purpose of research or private study, 0. for criticism or review, C. for reporting current events, ;. in connection with >udicial proceeding, .. performance by an amateur club or society if the performance is given to a non=paying audience, and ,. the making of sound recordings of literary, dramatic or musical works under certain conditions.

C"9?3I@A% I5,3I5@.8.5%<
%he following are some of the commonly known acts involving infringement of copyright!
8aking infringing copies for sale or hire or selling or letting them for hireB 9ermitting any place for the performance of works in public where such performance constitutes infringement of copyrightB ;istributing infringing copies for the purpose of trade or to such an e#tent so as to affect pre>udicially the interest of the owner of copyright B 9ublic e#hibition of infringing copies by way of tradeB and Importation of infringing copies into India.

3emedies
3emedies for Copyright Infringement

Civil 1In>unctions, ;amages, accounts2

Criminal

dministrative

Copyright 0oard
%he Copyright ct provides for a Cuasi=>udicial body called the Copyright 0oard consisting of a Chairman and two or more, but not e#ceeding fourteen, other members for ad>udicating certain kinds of copyright cases. %he Chairman of the 0oard is of the level of a >udge of a Aigh Court. %he 0oard has the power to!

D hear appeals against the orders of the 3egistrar of CopyrightB D hear applications for rectification of entries in the 3egister of CopyrightsB D ad>udicate upon disputes on assignment of copyrightB D grant compulsory licences to publish or republish works 1in certain circumstances2B D 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 workB D 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 countryB D fi# rates of royalties in respect of sound recordings under the cover=version provisionB and D fi# 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.