IPR - COPYRIGHT

by Valliappan [128939]SOM NIT Warangal

1)What is copyright?

2)Why is copyright necessary?

3)Copyright laws in India.

4)Terms of copyright

5)Common Creative License

6)Current Scenario

Objective:

• “The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” (Oxford English Dictionary)

• This property right can be sold or transferred to others.

Why Copyright?

Fair Play: Reward creative efforts. “Thou shall not steal”

Exclusive rights for limited period: time → Negative right: prevent copying/reproduction

Copyright is necessary → encourage dissemination of copyrighted works = public interest

Copyrigthable WorksLiterary works

Dramatic works

Musical works

Artistic works

Copyright Protection

• Automatic protection

• Available for:

– Published works– Unpublished works

Author’s Rights

Copyright law assures ownership, which comes with exclusive rights:

Make copies of the workDistribute copies of the workPerform the work publiclyDisplay the work publiclyMake derivative works

(e.g. book or movie)

Indian Copyright Law

The Copyright Act, 1957(Act No. 14 of 1957) governs the laws & applicable rules related to the subject of copyrights in India. All copyright related laws are governed by the Copyright Act, 1957.

The Amenments1911

1914

1957

1984

1992

2012

1999

1994

Indian Copyright Act 1957

Valid from 21 January 1958

Created Copyright Office and Copyright Board

Introduced civil and criminal remedies againstinfringement

Main Features of Indian Copyright 1957

Performing rights societies’ rights (for instance, music royalties)

Definition of categories in which copyright actually subsists

International copyright

Definition of infringement

Copyright(Amendment) Act1983 and 1984

Objectives:Berne and Universal Copyright Conventions grant of compulsory licences by developing countries, publication by deceased authors

1984 Act: discouraging and preventing widespread video piracy.

Depends on nature of work/owner of copyright and whether the work has been published

Most works: 60 years Broadcast Reproduction: 25 years

Terms of Copyright

• “Universal Access” to research, education and culture.

• Provides a free, public, and standardized infrastructure that creates a balance between the reality of the Internet and the reality of copyright laws.

Current Scenario

The 2012 amendments make Indian Copyright Law compliant with the Internet Treaties – the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).

Know your copy rights• The law provides certain ways in which

copyright works may be used.

– Fair use –Public domain– Library privilege–Alternative Licenses (e.g. Creative

Commons)

References:1)http://en.wikipedia.org/wiki/Creative_commons

2)http://www.slideshare.net/sgisave/copyright-act-1957-364848

3)http://www.creativecommons.org

4)http://www.ip-watch.org/2013/01/22/development-in-indian-ip-law-the-copyright-amendment-act-2012/