International copyright order

Copyright definitionsCopyright is a legal concept that grants authors and artists

control over certain uses of their creations for limited periods of time.

Copyright owners can limit who may copy, change, perform, or share their works.

Context requires to implement the order

In this Order, unless the context otherwise requires:-

"Berne Convention Country" means a country which is a member of the Berne Copyright Union

"Phonogram" means an exclusively aural fixation of a performance or other sounds,

"Phonograms Convention Country" means a country which has either ratified, or accepted, or acceded to the Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms, done at Geneva on the Twenty ninth day of October,

"Schedule" means the Schedule appended to this Order.

"Universal Copyright Convention Country" means a country which has either ratified, or accepted, or acceded to the Universal Copyright Convention,

"World Trade Organisation Country" means a country which is a member of the World Trade Organisation and which has either ratified, or accepted, or acceded to the Agreement on Trade Related Aspects of Intellectual Property Right, 1994.

Subject to the provisions of the Copyright Act, 1957

to any work first made or published in a country mentioned in Part I, II, III, IV or VI of the Schedule,

to any work first made or published in a country other than a country mentioned in the Schedule,

to an unpublished work, the author whereof was, at the time of the making or publication of the work, a national or domiciled in any country mentioned in the Schedule

SCHEDULE

• Berne convention countries which have ratified/accepted/ acceded to the 1971 text of the convention – 136 countries

• Berne convention countries which are yet to ratify/ accept/ accede to the 1971 text of convention – 8 countries

• Universal copyright convention countries which have ratified/accepted/acceded to the 1971 text of the convention – 58 countries

• Universal copyright convention countries which are yet to ratify/ accept/accede to the 1971 text of the convention – 36 countries

• Phonograms convention countries – 62 countries

• The world trade organisation countries – 137 countries

Basic Principles

• It is a negative right,

• It is a right with limitation

– Temporal limitation

– Permitted use or Fair use

– Geographical Limitation

– Compulsary Licenses

– Copyright vests in original work and not on Ideas

• Copyright is a bundle of rights

Economic rights:

Reproduction right, distribution right, public performance right, broadcasting rights, etc.,

Moral right:

Right to Paternity (to claim authorship), Right to integrity (to object to any mutation)

Neighbouring right:

Right of performers, Right of producers of Phonograms.

Case study

HAWKINS COOKER LTD. v. MAGICOOK APPLIANCES, 100 (2002) DLT 2008

Court ordered for perpetual injunction restraining the defendants, their servants, agents etc. from using a get up of label in relation to pressure cookers which is deceptively similar to the label of the plaintiff (complainant) having distinctive features and registered under the provisions of the Copyright Act, 1957. The defendants were also restrained from dealing with the cook books of the plaintiff company and were directed to deliver up to the plaintiff company for destruction all such pressure cookers and books complained against and all accessories and articles employed by the defendants in the manufacture of the offending goods which are in the custody, power,

possession and control of the defendants. The plaintiff company is also entitled to damages arising upon the rendition of accounts by the defendants.