Copy Rights.pptx

Intellectual Property Rights
Copy Rights
Dr. Shailendra Bhalawe
Assistant Professor
Department of Agro-forestry
College of Agriculture, Balaghat
Jawaharlal Nehru Agriculture University, Jabalpur
(M.P.)

-:COPYRIGHT:-
Copyrights:
Copyrights refer to the legal right granted to an author, composer, playwright,
Publisher, or distributor to exclusive publication, production, sale, or
distribution of a literary, musical, dramatic, or artistic work is called
copyright.
Office of Copyrights: Delhi
Main features of copyrights are briefly presented below:
It provides protection for a specific duration.
It is applicable in all countries.
The copyright holder has the rights to authorize others to use the protected
work.
It is applicable to books, movies, music, paintings, photographs and
software's.
The information cannot be reproduced as such without written permission.
However, the information or idea can be used by any one.

History of copyright in India:
The history of copyright law in India can be traced back to its colonial era under
the British Empire.
The first law of copyright was introduced in India during the control of the
British Rule in India via the British Copyright Act, 1911. According to this law
the term of the Copyright was life time of the author plus seven years after the
death of the author. However the total term of copyright cannot exceed the
period of forty-two years. Registration of Copyright with the Home Office
was mandatory for enforcement of rights under the Act.
In 1914, Indian legislature under the British Raj enacted the Copyright Act
of 1914. It was almost similar to the British Copyright Act of 1911. However
the major change that was brought in this Act was the criminal sanction for
infringement. The 1914 Act was constantly amended a number of times.

In 1957, the introduction of the Indian Copyright Act, 1957 which was
enacted in order to suit the provisions of the Berne. The Act is applicable
from 21 January 1958.
The Copyright Act 1957 was the first post-independence copyright
legislation in India and the law has been amended six times since 1957.
The most recent amendment was in the year 2012, through the
Copyright (Amendment) Act 2012.
India is a member of most of the important international conventions
governing the area of copyright law, including the Berne Convention of
1886 (as modified at Paris in 1971), the Universal Copyright Convention
of 1951, the Rome Convention of 1961 and the Agreement on Trade
Related Aspects of Intellectual Property Rights (TRIPS).
But India is not a member of the WIPO Copyright Treaty (WCT) and the
WIPO Performances and Phonograms Treaty (WPPT).

Types of work subject to copy rights:
•Literary, dramatic and musical work. Computer programs / software are covered
within the definition of literary work;
•Artistic work;
•Cinematographic films which include sound track and video films;
•Record-any disc, tape, perforated roll or other device.

What are the Rights of a Copyrights holder?
•In the case of literary, dramatic or musical work:-
(a)To reproduce the work in any material form including the storing of it in
any medium by electronic means;
(b)To issue copies of the work to the public not being copies already in
circulation;
(c)To perform the work in public, or communicate it to the public;
(d)To make any cinematography film or sound recording in respect of the
work;
(e)To make any translation of the work; to make any adaptation of the work;
(f)To do, in relation to a translation or an adaptation (alternatation / editing) of
the Work, any of the acts specified in relation to the work in Sub-clauses (i) to
(vi);

•What are the Rights of a Copyrights holder?
•In the case of computer program –
(a)To do any acts specified in clause (a);
(b)To sell or give on hire, or offer for sale or hire any copy of the computer
program, regardless of whether such copy has been sold or given on hire on
earlier occasions;

•In the case of an artistic work –
(a)To reproduce the work in any material form including depiction (illustration /
picture / representation) in three dimensions of a two dimensional work or in two
dimensions of a three dimensional work;
(b)To communicate the work to the public;
(c)To issue copies of the work to the public not being copies already in
circulation;
(d)To include the work in any cinematography film;
(e)To make any adaptation of the work;
(f)To do, in relation to a translation or an adaptation of the work, any of the acts
specified in relation to the work in sub-clauses (i) to (vi);

•In the case of a cinematography film –
(a)To make a copy of the film including a photograph of any image forming part
thereof;
(b)To sell or give on hire or offer for sale or hire, any copy of the film, regardless
of whether such copy has been sold or given on hire on earlier occasions;
(c)To communicate the film to the public;
•In the case of sound recording –
(a)To make any other sound recording embodying (representing/expressing) it;
(b)To sell or give on hire or offer for sale or hire, any copy of the, sound
recording, regardless of whether such copy has been sold or given on hire on
earlier occasions;
(c)To communicate the sound recording to the public;

Terms of copyrights:
If published within the life time of the author of a literary work, the term is for
the life time of the author plus 60 years.
For cinematography films, records, photographs, posthumous (after death)
publications, anonymous (unnamed) publication, works of government and
international agencies, the term is 60 years from the beginning of the calendar
year following the year in which the work was published.
For broadcasting, the term is 25 years from the beginning.
Symbol of Copyrights:
Use of the © symbol.
Its introduced in 1952 by Universal copyright convention
Sound recording and collection symbol ℗

Rules for the transfer of copyrights:
The owner of the copyright in an existing work or prospective (probable) owner
of the copyright in a future work may assign to any person the copyright, either
wholly or partially in the following manner.
a)For the entire world or for a specific country or territory; or
b)For the full term of copyright or part thereof ; or
c)Relating to all the rights comprising the copyright or only part of such
rights.

S. No Action Official fee
1.
For an application for registration of copyright in a-
(a) literary, dramatic, musical or artistic work
(b) literary or artistic work which is used or is capable of
beingused in relation to any goods
Rs.50 per
work Rs.400
perwork
2.
For an application
Cinematograph
Film
for registration of copyright in a Rs.600
work
per
3
For an application for registration of copyright in a
sound
recording
Rs.400
work
per
Cost of filing Copyrights Application in India
Some important fees are given below :-

Powers of Copyrights Board
The Chairman of the Copyright Board is of the level of a judge of a High Court.
The Board has the power to:
Hear appeals against the orders of the Registrar of Copyright;
Hear applications for rectification of entries in the Register of
Copyrights;
Adjudicate (Umpire / referee) upon disputes on assignment of
copyright;
Grant compulsory licenses to publish or republish works
Grant compulsory license 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 work;
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 country;
Fix rates of royalties in respect of sound recordings under the cover-
version provision;
Fix 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.

Copy Rights.pptx

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Copy Rights.pptx