COPYRIGHT AND RELATED RIGHTS

Purpose
to give the creator control and a monopoly on royalties for a period of time promotes creativity

Definition of copyright
The exclusive right given by law for a certain term of years to an author, composer etc. to print, publish and sell copies of his original work.
Oxford English Dictionary

OBJECTIVE OF COPYRIGHT
To encourage authors, composers and artists to create original works by rewarding them with monopoly rights over their work for a limited period of time.

Relevance of Copyright and related right to business

Control commercial exploitation of original works . Generate income Raise funds Take action against infringers.

Copyright Works

Films

Literary

Dramatic Photographic

Music Artistic

What is protected?
literary works (e.g., all text, including computer software); musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works.

What is not protected?

Ideas or concepts Facts or information Names , titles , slogans and other short phrases Official government works Works of applied art

What rights does the owner control?

Rights to: make copies of the work; distribute copies of the work; perform the work publicly (such as for plays, film, or music); display the work publicly (such as for artwork, or any material used on the internet or television); and make derivative works (including making modifications, adaptations or other new uses of a work, or translating the work to another media).

What are Related rights ?

Related rights refer to the category of rights granted to performers , phonogram producers and broadcasters. Related rights are also called as neighbouring rights While copyright protects the work of the authors themselves , related rights are granted to certain categories of people or businesses that play an important role in performing , communicating or disseminating work to the public that may or may not be protected by copyright .

 3 kinds of related rights : Right of performers ( eg: actors and musicians ) in their performances . Right of producers of sound recordings in their recordings . Right of broadcasting organizations in their radio and television programs .

An example :
In case of a song : Copyright protects the music of the composer and words of the author .. Related rights would apply to : Performances of the musicians and singers who perform the song . Sound recording of the producer in which the song is included . Broadcast program of the organization that produces and broadcasts the program containing the song .

Limitations
the "Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes.

What is Fair Use

class handouts of very short excerpts from a book; quoting for purposes of reporting the news or criticizing or commenting on a particular work of art, writing, speech or scholarship. 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.

Exceptions-fair use
Section 52 of the Copyright Act enlists acts which do not constitute infringement, viz.
Fair dealing for the purpose of private use, including research and criticism or review of the work. Fair dealing for the purpose of reporting current events in a newspaper, etc. reproduction for the purpose of judicial proceeding or report of judicial proceeding.

Exceptions-fair use
Making of temporary or back-up copies to provide against destruction or damage Observation, study or testing of functioning of the computer programme making of copies of software from a legal copy for non-commercial personal use

What is not Fair Use

using a photograph or other image to illustrate a newsworthy story (because the subject of the story is newsworthy it does not make the image newsworthy)

Who owns copyright

a freelance artist who created the copyrighted work; an employer who hires employees who create copyrighted works as part of their job.

TERM OF COPYRIGHT
The term of copyright for literary, dramatic musical or artistic work is lifetime of author + 60 years . for anonymous or pseudonymous work is 60 years from the date of publishing . for a photograph, sound recording, cinematographic film and government work is 60 years from date of publishing of the work .

Worldwide - BERNE Convention; Registration not compulsory though advisable;

Types of copyright in one work

1. 2. 3. BOOKS: Rights of the author Rights of the publisher in India and abroad Rights of a person publishing the book on CD Rom/multimedia format Rights on the Internet

4.

Types of copyright in one work

MUSIC: 1. Right of lyricist 2. Music director 3. Singer 4. Orchestra 5. Music company 6. Version recordings

How to transfer rights

in writing and signed by the party transferring the rights

What is infringement?
use of whole or part of an image without permission; use beyond the scope of a license; adapting an image without permission (art rendering, collage); asking another photographer to recreate the image.

INFRINGEMENT OF COPYRIGHT
What constitutes infringement?
Doing or authorizing to do any of the following acts without the consent or license of owner of copyright:
Reproduce the work including its storage by any electronic means Issue copies to the public Perform/Communicate the work to public Make translation of the work Make adaptation of the work To make any cinematograph film or sound recording in respect of the work.

INFRINGEMENT OF COPYRIGHT
make infringing copies of work for sale, hire or display or offer for sale or hire import infringing copies in India

Unauthorized use
This image was created by a computer graphics artist who borrowed images from several sources.

Original art

These are the two images that were infringed upon to create the Newsday cover.

Change of medium is still an infringement

Recreating a photo

Who is responsible?
the company that directly infringed; employees who participated in the infringement or should have supervised; anyone who publishes the infringing image whether they had knowledge or not.

How to avoid infringement

obtain a license for all the uses that will be needed; obtain a license to create a derivative image; obtain an art rendering or art reference license to change the medium.

Popular Copyright Myths

if its on the internet it is in the public domain and therefore free; if there is no copyright notice, I can use the image; if I alter the image I dont need permission; if I dont profit from it, I can use it; if I only use a part of the image I dont need permission.

BE CREATIVE...and respect copyright