Presented by:Presented by:

COPYRIGHTCOPYRIGHTPresented by Presented by Ravindra nath Ravindra nath

sharma sharma MBA(IT) 2007-2009MBA(IT) 2007-2009Symbiosis center Symbiosis center for information for information

technology technology Pune Pune IndiaIndia

SUBJECT MATTER OF IPRSUBJECT MATTER OF IPR1. Trade Marks / Brands (Trade Marks Act, 1999) Property Marks 1. Trade Marks / Brands (Trade Marks Act, 1999) Property Marks

2. Copyright (Copyright Act, 1957)2. Copyright (Copyright Act, 1957) Artistic WorkArtistic Work Literary WorkLiterary Work Audio, Video and RecordsAudio, Video and Records SoftwareSoftware

3. Industrial Designs (Designs Act, 2000)3. Industrial Designs (Designs Act, 2000)

4. Patents (The Patent Act, 1970)4. Patents (The Patent Act, 1970)

5. Geographical Indications 5. Geographical Indications

The geographical Indications of Goods ( Registration and The geographical Indications of Goods ( Registration and

Protection )Act, 1999 Protection )Act, 1999

6. Laws relating to Internet, Web and Information Technology 6. Laws relating to Internet, Web and Information Technology

(Information Technology Act, 2000)(Information Technology Act, 2000)

7. Domain Names7. Domain Names

What is copyright?What is copyright?

Copyright is a right given by the law to creators of Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and literary, dramatic, musical and artistic works and producers of cinematograph films and sound producers of cinematograph films and sound recordings. recordings.

It is a bundle of rights including, It is a bundle of rights including, inter alia,inter alia, rights of rights of reproduction, communication to the public, reproduction, communication to the public, adaptation and translation of the work. There could adaptation and translation of the work. There could be slight variations in the composition of the rights be slight variations in the composition of the rights depending on the work. depending on the work.

How Copyright comes in to How Copyright comes in to Existence !Existence !

COPYRIGHT: -COPYRIGHT: - Registration of Copyright w.r.t any logo / Registration of Copyright w.r.t any logo /

trade mark is not necessary or compulsory trade mark is not necessary or compulsory under the provisions of the Indian under the provisions of the Indian Copyright Act, 1957. Automatic protection Copyright Act, 1957. Automatic protection is available to an artistic work, form the is available to an artistic work, form the date when the artistic work / logo was date when the artistic work / logo was designed.designed.

Copyright Comes in to existence when the Copyright Comes in to existence when the concept in mind is put in to some tangible concept in mind is put in to some tangible form or crated form or crated

Why should copyright be Why should copyright be protected?protected?

Copyright ensures certain minimum safeguards of the Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby rights of authors over their creations, thereby protecting and rewarding creativity.protecting and rewarding creativity.

Creativity being the keystone of progress, no civilized Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of society can afford to ignore the basic requirement of encouraging the same. Economic and social encouraging the same. Economic and social development of a society is dependent on creativity. development of a society is dependent on creativity.

The protection provided by copyright to the efforts of The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, architects and producers of sound recordings, cinematograph films and computer software, creates cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces an atmosphere conducive to creativity, which induces them to create more and motivates others to create. them to create more and motivates others to create.

Copyright Act,1957 Copyright Act,1957

The Copyright Act, 1957 protects The Copyright Act, 1957 protects original literary, dramatic, musical original literary, dramatic, musical and artistic works and cinematograph and artistic works and cinematograph films and sound recordings from films and sound recordings from unauthorized uses. Unlike the case unauthorized uses. Unlike the case with patents, copyright protects the with patents, copyright protects the expressions and not the ideas. There expressions and not the ideas. There is no copyright in an idea.is no copyright in an idea.

Classes of works for which copyrights Classes of works for which copyrights protection is available in Indiaprotection is available in India

Original literary, dramatic, musical Original literary, dramatic, musical and artistic works; and artistic works;

Cinematograph films; and Cinematograph films; and Sound recordings. Sound recordings.

REGISTRATION OF COPYRIGHTREGISTRATION OF COPYRIGHTIs it necessary to register a work to Is it necessary to register a work to

claim copyright? claim copyright? No. Acquisition of copyright is No. Acquisition of copyright is

automatic and it does not require automatic and it does not require any formality. However, certificate any formality. However, certificate of registration of copyright and of registration of copyright and the entries made therein serve as the entries made therein serve as prima facie prima facie evidence in a court of evidence in a court of law with reference to dispute law with reference to dispute relating to ownership of copyright. relating to ownership of copyright.

Procedure for registration of a work Procedure for registration of a work under the Copyright Act,1957under the Copyright Act,1957

Copyright comes into existence as soon as a Copyright comes into existence as soon as a work is created and no formality is required work is created and no formality is required to be completed for acquiring copyright. to be completed for acquiring copyright. However, facilities exist for having the work However, facilities exist for having the work registered in the Register of Copyrights registered in the Register of Copyrights maintained in the Copyright Office of the maintained in the Copyright Office of the Department of Education. Department of Education.

The entries made in the Register of The entries made in the Register of Copyrights serve as Copyrights serve as prima-facieprima-facie evidence in evidence in the court of law. The Copyright Office has the court of law. The Copyright Office has been set up to provide registration facilities been set up to provide registration facilities to all types of works and is headed by a to all types of works and is headed by a Registrar of CopyrightsRegistrar of Copyrights

Term of protection of copyrightTerm of protection of copyright The general rule is that copyright lasts The general rule is that copyright lasts

for 60 years. In the case of original for 60 years. In the case of original literary, dramatic, musical and artistic literary, dramatic, musical and artistic works the 60-year period is counted from works the 60-year period is counted from the year following the death of the the year following the death of the author. In the case of cinematograph author. In the case of cinematograph films, sound recordings, photographs, films, sound recordings, photographs, posthumous publications, anonymous posthumous publications, anonymous and pseudonymous publications, works of and pseudonymous publications, works of government and works of international government and works of international organisations, the 60-year period is organisations, the 60-year period is counted from the date of publication.counted from the date of publication.

Powers of Copyright BoardPowers of Copyright Board hear appeals against the orders of the Registrar of hear appeals against the orders of the Registrar of

Copyright; Copyright; hear applications for rectification of entries in the Register hear applications for rectification of entries in the Register

of Copyrights; of Copyrights; adjudicate upon disputes on assignment of copyright; adjudicate upon disputes on assignment of copyright; grant compulsory licences to publish or republish works (in grant compulsory licences to publish or republish works (in

certain circumstances); certain circumstances); grant compulsory licence to produce and publish a grant compulsory licence to produce and publish a

translation of a literary or dramatic work in any language translation of a literary or dramatic work in any language after a period of seven years from the first publication of after a period of seven years from the first publication of the work; the work;

hear and decide disputes as to whether a work has been hear and decide disputes as to whether a work has been published or about the date of publication or about the published or about the date of publication or about the term of copyright of a work in another country; term of copyright of a work in another country;

fix rates of royalties in respect of sound recordings under fix rates of royalties in respect of sound recordings under the cover-version provision; and the cover-version provision; and

fix the resale share right in original copies of a painting, a fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work. literary or dramatic or musical work.

Powers of Registrar of CopyrightsPowers of Registrar of Copyrights summoning and enforcing the attendance of summoning and enforcing the attendance of

any person and examining him on oath; any person and examining him on oath; requiring the discovery and production of requiring the discovery and production of

any document; any document; receiving evidence on affidavit; receiving evidence on affidavit; issuing commissions for the examination of issuing commissions for the examination of

witnesses or documents; witnesses or documents; requisitioning any public record or copy requisitioning any public record or copy

thereof from any court or office; thereof from any court or office; any other matters which may be prescribed. any other matters which may be prescribed.

Which are the international copyright Which are the international copyright conventions of which India is a member?conventions of which India is a member? Copyright as provided by the Indian Copyright Act is Copyright as provided by the Indian Copyright Act is

valid only within the borders of the country. To valid only within the borders of the country. To secure protection to Indian works in foreign secure protection to Indian works in foreign countries, India has become a member of the countries, India has become a member of the following international conventions on copyright and following international conventions on copyright and neighbouring (related) rights: neighbouring (related) rights:

Berne Convention for the Protection of Literary and Berne Convention for the Protection of Literary and Artistic works. Artistic works.

Universal Copyright Convention. Universal Copyright Convention. Convention for the Protection of Producers of Convention for the Protection of Producers of

Phonograms against Unauthorised Duplication of Phonograms against Unauthorised Duplication of their Phonograms. their Phonograms.

Multilateral Convention for the Avoidance of Double Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties. Taxation of Copyright Royalties.

Trade Related Aspects of Intellectual Property Rights Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. (TRIPS) Agreement.

What is a copyright society?What is a copyright society?

A copyright society is a registered collective A copyright society is a registered collective administration society. Such a society is administration society. Such a society is formed by copyright owners. The minimum formed by copyright owners. The minimum membership required for registration of a membership required for registration of a society is seven. Ordinarily, only one society society is seven. Ordinarily, only one society is registered to do business in respect of is registered to do business in respect of the same class of work. A copyright society the same class of work. A copyright society can issue or grant licences in respect of any can issue or grant licences in respect of any work in which copyright subsists or in work in which copyright subsists or in respect of any other right given by the respect of any other right given by the Copyright Act.Copyright Act.

Functions of a copyright society? Functions of a copyright society?

A copyright society may: A copyright society may: Issue licences in respect of the Issue licences in respect of the

rights administered by the rights administered by the society. society.

Collect fees in pursuance of such Collect fees in pursuance of such licences. licences.

Distribute such fees among Distribute such fees among owners of copyright after making owners of copyright after making deductions for the administrative deductions for the administrative expenses. expenses.

COPYRIGHT INFRINGEMENTSCOPYRIGHT INFRINGEMENTSThe following are some of the commonly known The following are some of the commonly known acts involving infringement of copyright: acts involving infringement of copyright:

Making infringing copies for sale or hire or selling Making infringing copies for sale or hire or selling or letting them for hire; or letting them for hire;

Permitting any place for the performance of Permitting any place for the performance of works in public where such performance works in public where such performance constitutes infringement of copyright; constitutes infringement of copyright;

Distributing infringing copies for the purpose of Distributing infringing copies for the purpose of trade or to such an extent so as to affect trade or to such an extent so as to affect prejudicially the interest of the owner of copyright prejudicially the interest of the owner of copyright ; ;

Public exhibition of infringing copies by way of Public exhibition of infringing copies by way of trade; and trade; and

Importation of infringing copies into India. Importation of infringing copies into India.

Summary and Comparison of Criminal Penalties for Copyright Summary and Comparison of Criminal Penalties for Copyright Infringement in Selected CountriesInfringement in Selected Countries

Thank youThank you