Subject: Intellectual Property Rights & Patents Unit-II Subject Code: 20HS7406

UNIT – II Syllabus

Copyrights and Neighboring Rights

Introduction to Copyrights – Principles of Copyright Protection – Law Relating to Copyrights –Subject
Matters of Copyright – Copyright Ownership – Transfer and Duration – Right to Prepare Derivative
Works –Rights of Distribution– Rights of Performers – Copyright Registration – Limitations –
Infringement of Copyright – Relief and Remedy– Case Law-Semi-conductor Chip Protection Act.

INTRODUCTION TO COPYRIGHTS

Creativity is the keystone of progress; no civilized society can afford to ignore the basic
requirement of encouraging the same. Economic and social development of a society is dependent on
creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists,
musicians, architects and producers of sound recordings, cinematograph films and computer software,
creates an atmosphere possible to creativity, which induces them to create more and motivates others to
create.

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works
and producers of cinematograph films and sound recordings. Unlike the case with patents, copyright
protects the expressions and not the ideas. Just as you would want to protect anything that you own,
creators want to protect their works. Copyright ensures certain minimum safeguards of the rights of
authors over their creations, thereby protecting and rewarding creativity.

The idea of Copyright protection only began to emerge with the invention of printing in the 15th
and 16th centuries which made it for literary works to be duplicated by mechanical processes instead of
being copied by hand. The printing press made it much cheaper to produce works, but as there was
initially no copyright law, anyone could buy or rent a press can print any text. Popular new works were
immediately re-set and re-published by competitors, so printers needed a constant stream of new material.
This led to the grant of privileges, by authorities and kings, entitling beneficiaries exclusive rights of
reproduction and distribution, for limited period, with remedies in the form of fines, seizure, confiscation
of infringing copies and possibly damages.

Copyright is a well-recognized form of property right which had its roots in the common law
system and subsequently came to be governed by the national laws in each country. Copyright as the
name suggests arose as an exclusive right of the author to copy the literature produced by him and stop
others from doing so. There are well-known instances of legal intervention to punish a person for copying
literary or aesthetic output of another even before the concept of copyright took shape. The concept of

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idea was originally concerned with the field of literature and arts. In view of technological advancements
in recent times, copyright protection has been expanded considerably to protection not only to literary,
dramatic, musical and artistic works but also films, broadcasts, cable programmes, typographical
arrangements of publications etc.
Salient Features of Copyright Act of 1957.

 Provisions for Copyright Office and Copyright Board for the purpose of registration of copyright
and for settlement of certain kinds of disputes.

 Provision for compulsory licensing of Copyright.

 Provisions to determine first ownership of copyright in different categories of work.

 The Act provides definition for various categories of work in which copyright exists.

 Scope of rights conferred on authors of copyright is adequately described.

 The Act provides comprehensive definition of copyright.

 The Act states term of copyright of different kinds of work.

 Provisions relating to assignment of ownership.

 Provisions relating to performing rights of or by societies.

 Provision for broadcasting rights.

 Provision for international copyright.

 Definition of infringement of copyright.

 Civil and criminal remedies against infringement.

 Remedies against groundless threat of legal proceedings.

PRINCIPLES OF COPYRIGHT PROTECTION

Copyright protection exists automatically from the time of a work is created in fixed form. The
owner of a copyright has the right to reproduce the work, prepare derivative works based on the original
work (such as a sequel to the original), distribute copies of the work, and to perform and display the work.
Violations of such rights are protectable by infringement actions. Nevertheless, some uses of copyrighted

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works are considered “fair use” and do not constitute infringement, such as use of an insignificant portion
of a work for non-commercial purposes or parody of a copyrighted work.

 Provide protection to creators and producers: Creators and producers of creative works should

receive meaningful protection, recognition and compensation for their contributions to economic

and cultural development.

 Maintain balance between Creators, Owners and users: Copyright law should reflect an

appropriate balance between the rights of creators and copyright owners and the interests of

consumers and other users of works.

 Monitor the copy right laws regularly: Copyright law should be regularly reviewed and updated

as appropriate to respond to new technologies and uses.

 Copyright should be cost effective and meaningful: Copyright systems should enable rights to

be meaningfully, practically, cost-effectively, and proportionally enforced.

 Useful for the public: A wide range of means should be available for creative works to reach the

public, as enabled by Internet and other technologies—maximizing choice for both rights holders

and users. It is desirable to have as much quality content as possible available in as many formats

as possible.

 Licensing should be liberalized: Licensing should be streamlined in a content-appropriate

manner and simplified to be as easy and efficient as possible, including for different types of

content and across national boundaries.

 Educate the public: The public should be educated about the purpose, scope and nature of

copyright protections, including exceptions, and the reasons for proposed changes or government

action.

LAW RELATING TO COPYRIGHTS

 In India, the law relating to copyright is governed by the Copyright Act, 1957 which has been
amended in 1983, 1984, 1985, 1991, 1992, 1994, 1999 and 2012 to meet with the national and
international requirements.

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 The amendment introduced in 1984 included computer program within the definition of literary
work and a new definition of computer program was inserted by the 1994 amendment. The
philosophical justification for including computer programs under literary work has been that
computer programs are also products of intellectual skill like any other literary work.
 In 1999, the Copyright Act, 1957 was further amended to give effect to the provisions of the
TRIPs agreement providing for term of protection to performers rights at least until the end of a
period of fifty years computed from the end of the calendar year in which the performance took
place.
 The Amendment Act also inserted new Section 40A empowering the Central Government to
extend the provisions of the Copyright Act to broadcasts and performances made in other
countries subject to the condition however that such countries extend similar protection to
broadcasts and performances made in India.
 The Act is now amended in 2012 with the object of making certain changes for clarity, to remove
operational difficulties and also to address certain newer issues that have emerged in the context
of digital technologies and the Internet.
 The 2012 amendments make Indian Copyright Law compliant with the International Treaties –
the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
Also, while introducing technological protection measures, the amended law ensures that fair use
survives in the digital era by providing special fair use provisions. The amendments have made
many author-friendly amendments, special provisions for disabled, amendments facilitating access
to works and other amendments to streamline copyright administration.

The amendments introduced through Copyright (Amendment) Act 2012 can be categorized into:
 Amendments to rights in artistic works, cinematograph films and sound recordings
 WCT and WPPT related amendment to rights
 Author-friendly amendments on mode of Assignment and Licenses
 Amendments facilitating Access to Works
 Strengthening enforcement and protecting against Internet piracy
 Reform of Copyright Board and other minor amendments

Section 14 of the Copyright Act defines the term Copyright as to mean the exclusive right to do or
authorise the doing of the following acts in respect of a work or any substantial part thereof, namely

In the case of literary, dramatic or musical work (except computer programme):

 Reproducing the work in any material form which includes storing of it in any medium
by electronic means;
 Issuing copies of the work to the public which are not already in circulation;
 Performing the work in public or communicating it to the public;

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 Making any cinematograph film or sound recording in respect of the work;

 Making any translation or adaptation of the work.
In the case of a computer programme:
 To do any of the acts specified in respect of a literary, dramatic or musical work; and
 To sell or give on commercial rental or offer for sale or for commercial rental any copy of the
computer programme. However, such commercial rental does not apply in respect of computer
programmes where the programme itself is not the essential object of the rental.
In the case of an artistic work:
 Reproducing the work in any material form including depiction in three dimensions of a two
dimensional work or in two dimensions of a three-dimensional work;
 Communicating the work to the public;
 Issuing copies of work to the public which are not already in existence;
 Including work in any cinematograph film; making adaptation of the work, and to do any of the
above acts in relation to an adaptation of the work.
In the case of cinematograph film and sound recording:
 Making a copy of the film including a photograph of any image or making any other sound
recording embodying it;
 Selling or giving on hire or offer for sale or hire any copy of the film/sound recording even if such
copy has been sold or given on hire on earlier occasions; and
 Communicating the film/sound recording to the public.
In the case of a sound recording:
 To make any other sound recording embodying it
 To sell or give on hire, or offer for sale or hire, any copy of the sound recording
 To communicate the sound recording to the public.

International Conventions related to the protection of Copyright

Today, system of widely accepted multilateral conventions and The Most Important International
Conventions related to the protection of Copyright and Neighbouring Rights are
 The Berne Convention for the Protection of Literary and Artistic Works of 1886 (last revised in
1971)
 The Universal Copyright Convention of 1952 (last revised in 1971)
 The Rome Convention for the Protection of Performers, Producers of Phonograms, and
broadcasting Organizations of 1961
 The TRIPs Agreement of 1994
 The WIPO Copyright Treaty of 1996
 The WIPO Performances and Phonograms Treaty of 1996

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SUBJECT MATTERS OF COPYRIGHT

With the advent of independence, the Copyright Act, 1914 was replaced with the Copyright Act,
1957. With the Act, the Indian legislature sought to achieve two broad goals, firstly, to protect the result
of man’s labour, skill and work and secondly, to protect works from annexation by others. Section 13 of
the Copyright Act-1957 is the section that deals with the subject matter of copyright protection (Works).
According to Section 13(1), all of India is under the purview of the Copyright, and the following
classifications of works eligible for copyright can be claimed for:

 Original Literary Work

It is the product of the human mind which may consist of a series of verbal or numerical
statements, not necessarily possessing aesthetic merit, capable of being expressed in writing, and
which has been arrived at by the exercise of substantial independent skill, creative labour, or
judgment. The Copyright Act, 1957 provides an inclusive definition of literary work, according to
which the literary work includes computer programming, tablets, and compilations including
computer databases.

 Original Dramatic Work

Dramatic work includes any piece for recitation, choreographic work or entertainment in dumb
shows, the scenic arrangement or acting form which is fixed in writing or otherwise but does not
include a cinematographic film.

 Original Musical Work

Musical work means any work consisting of music and includes any graphical notion of such
work, but does not include any words or any action intended to be sung, spoken or performed with
the music. In order to qualify for copyright protection, a musical work must be original.

 Original Artistic Work

Artistic work includes any painting, sculpture, drawing, or engraving photograph of any work
possessing artistic qualities. However, it also includes the architecture and artistic craftsmanship of
such works.

 Cinematographic Films

A cinematographic film includes any work of visual recording and a sound recording
accompanying such visual recording and the expression. Cinematograph shall be understood as
including any work produced by any process parallel to cinematographic including video films.

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 Sound Recording

As sound recording states it is recording of sounds from which that sound may be produced
regardless of the medium on which such recording is made or the method by which the sounds are
produced.
Each class of work is further defined under and these clauses reveal that, while musical, artistic
works and records are defined considering all elements, other works are more extensively defined. In
addition to this, Indian courts have also identified the rights of a performer over his performance as part
of copyright-protected work. Therefore, subject-matter of copyright extends to all works that fall within
the ambit of a simultaneous interpretation of various sections of Copyright act, 1957.

COPYRIGHT OWNERSHIP
The person or entity who retains legal control over all (or some) of the rights granted under copyright
law, usually the author of the work. Copyrights are generally owned by the people who create the works
of expression, with some important exceptions:
Section 17 of copyright Act 1957 recognizes the author as the first owner, and also states that subject
to the provision of this Act, the author of a work shall be the first owner of the copyright therein:

 In the case of literary or dramatic composition, the author

 In the case of musical work, the musician
 In the case of creative work apart from photography, the artist
 In the case of photographic work, the photographer
 In the case of cinematographic or recording work, the producer
 In case of any work generated by any computer program (virus), its creator

However, this provision provided to bound exception:

 In case of creation is made by the author underemployment of the proprietor of any newspaper,
magazine or any periodic, the said proprietor
 In the case where a photograph is taken, painting or portrait is drawn; cinematograph is made for
the valuable consideration of any person, such person
 In case of a work done in the course of the author’s employment under the contract of service,
such employer
 In case of address or speech delivered on behalf of another person in public, such person
 In the case of government works, the government
 In the case of work done under direction and control of public undertaking, such public
undertaking
 In the case of work done in which provision of Section 41 apply, concerned international
organizations

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Rights of Copyright Owners

The Copyright Act of 1976 grants a number of exclusive rights to copyright owners, including:

 Reproduction right: the right to make copies of a protected work

 Distribution right: the right to sell or otherwise distribute copies to the public
 Right to create adaptations (called derivative works) : the right to prepare new works based on
the protected work
 Performance and display rights: the rights to perform a protected work (such as a stage play) or
to display a work in public.

TRANSFER OF COPYRIGHTS
A Copyright Transfer is the transfer of property rights of an owner in a given creative work. Such
transfers of Copyright may occur on their own or as parts of huge asset purchases or sales. Copyright
Transfer or Assignment Agreements both provide ownership records and transfers and safeguard the
rights of all parties.
It simply means that a Copyright owner has the exclusive right to transfer his or her Copyright to
any other individual or third party. The effect of transfer or assignment is that the assignee (a person to
whom the right is legally transferred) becomes eligible for all the rights as related to the Copyright to the
transferred work. But, a simple grant of right to sell and publish the copyrighted work totals to publishing
right and not a transfer of Copyright.
The Copyright assignee shall become eligible to any right involved in the Copyright as he or she
shall be treated as the Copyright owner concerning such rights. The lawful representatives of the assignee
shall be eligible to the advantages of Copyright Transfer if the assignee deceases before the work comes
into existence.
The owner of the copyright in an existing work or the prospective owner of the copyright in a
future work may assign to any person the copyright either wholly or partially and either generally or
subject to limitations and either for the whole term of the copyright or any part thereof.
Copyright Assignment/Transfer is only valid if it is written and duly signed by the assignor or
their duly authorized agent or representative. The transfer of a Copyright in work must recognize the
work and specify the kind of rights assigned and the duration and regional extent of such transfer.
Moreover, it must specify the amount of royalty payable, if any, to the author or their legal representatives
during the continuance of transfer, and the transfer will be subject to extension, revision or termination on
terms jointly agreed upon by the parties.
If the time of transfer is not mentioned, it will be deemed to be taken as five years from the
transfer date. If the regional extent of such transfer is not stipulated, it will be taken as applicable across
India.

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DURATION OF COPYRIGHT

 In case of original literary, dramatic, musical, and artistic works the time period of copyright in
India is 60 years in addition to the author’s lifespan. Where there are multiple authors, the term is
60 years post the death of the last author.
 For cinematograph films, sound recordings, photographs, posthumous publications, anonymous
and pseudonymous publications, works of government and works of international organizations,
Copyright protection subsists for a period of 60 years from the year of publication.
 In case of unpublished Cinematograph films, Photographs, and computer programs the copyright
is up to 60 years from the year in which the original work was created.
 Copyright for Sound recordings is valid for 60 years from the end of the year in which that sound
recording is published for the first time.
 Broadcast reproduction rights are valid for 25 years from the year of broadcast
 Performers rights last for 50 years from the year the performance was made.

Country Copyright terms based on Copyright terms based on publication and

authors deaths creation dates
India Life + 60 years (except 60 years from publication (posthumous works,
posthumous works photographs, cinematograph films, sound
recordings, works of public undertakings, and works
of international organizations.

USA Life + 70 years (works published 95 years from publication for works published
since 1978 or unpublished 1964–1977; 28 (if copyright not renewed) or 95
works) years from publication for works published 1923–
1963 (Copyrights prior to 1923 have expired, not
including copyrights on sound recordings published
prior to February 15, 1972, covered only under state
laws

DERIVATIVE WORK

A derivative work is a work based on or derived from one or more already existing works.
Common derivative works include translations, musical arrangements, motion picture versions of literary
material or plays, art reproductions, abridgments, and condensations of pre-existing works. Another
common type of derivative work is a “new edition” of a pre-existing work in which the editorial
revisions, annotations, elaborations, or other modifications represent, as a whole, an original work.

In copyright law, a derivative work is an expressive creation that includes major copyrightable
elements of a first, previously created original work. The derivative work becomes a second, separate
work independent in form from the first. To be copyrightable, a derivative work must incorporate some or

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all of a pre-existing “work” and add new original copyrightable authorship to that work. Translations,
cinematic adaptations and musical arrangements are common types of derivative works.

Most countries' legal systems seek to protect both original and derivative works. They grant
authors the right to impede or otherwise control their integrity and the author's commercial interests.
Derivative works and their authors benefit in turn from the full protection of copyright without damaging
the rights of the original work's author.

The derivative work right is often referred to as the adaptation right. The following are examples of
the many different types of derivative works:

 A motion picture based on a play or novel

 A translation of a novel written in English (one language) into another language
 A revision of a previously published book
 A sculpture based on a drawing
 A drawing based on a photograph
 A lithograph based on a painting
 A musical arrangement of a pre-existing musical work
 A new version of an existing computer program
 An adaptation of a dramatic work
 A revision of a website

RIGHTS OF DISTRIBUTION
The rights of distribution grant the copyright owner the ability to control the manner in which a
work or a copy of a work is transferred to others, whether by sale, rental, lease, or lending. This right
allows the copyright holder to not only prevent the distribution of unauthorized copies of a work, but also
to control the unauthorized distribution of authorized copies (However, the distribution right is limited by
the "first sale doctrine", which states that after the first sale or distribution of a copy, the copyright holder
can no longer control what happens to that copy). Some activities that implicate the distribution right
include copying a news article and pasting it into an email that you send to colleagues, uploading a music
file to a website, or renting of software or sound recordings.

RIGHTS OF PERFORMERS
Until 1994, the Copyright Act of 1957 did not recognize a performer's rights in India. The Act
does not protect any performance done by an actor in a cinematographic film or any song sung by a singer
for a show. . However, in 1994, pursuant to a case decided by the Bombay High Court, performers’ rights
were recognized by way of introducing Section 38, 39, and 39A in the Copyright Act. Performers’ rights
are completely independent of the rights available in ownership of work. They are categorized as related
rights, protecting the interests of those who contribute to doing work.

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As per the Copyright Act, a performer is defined to include an actor, singer, musician, dancer,
acrobat, juggler, conjurer, snake charmer, a person delivering a lecture, or any other person making a
visual or acoustic live presentation.
The inclusion of performers’ rights is an encouraging step in the domain of copyright law. Several
performers are often subjected to unfair practices by producers or music labels in the entertainment
industry. Thus, the rights mentioned above would greatly benefit the performers and the work they
produce.

Rights available to Performers under the Copyright Act

 Right to make sound or visual recordings

 Right to produce sound or visual recordings
 Right to broadcast or communicate performance
 The right to receive credit as a performer for his performance and
 The right to claim damages in case his performance is distorted, mutilated, or modified in a
manner prejudicial to his reputation.

Exceptions to Performers’ Rights under the Copyright Act

 Act of reproducing any sound or visual recording for private use or teaching and research work
only
 Reproduction of the work for a judicial proceeding
 Reproduction for reporting, reviewing, or other things that come under fair dealing
 Reproduction of the work for use by members of the legislature

As per the Copyright Act, performers’ rights are valid for 50 years from the succeeding calendar year
in which the performance was recorded. For example, if the performance was recorded in the year 2021,
the term will commence from 1st January 2022 and be valid for 50 years.

COPYRIGHT REGISTRATION

Copyright registration is to place on record a verifiable account of the date and content of the
work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright
owner can produce a copy of the work from an official government source.

In general, copyright registration is a legal formality intended to make a public record of the basic
facts of a particular copyright. However, registration is not a condition of copyright protection. Even
though registration is not a requirement for protection, the copyright law provides several inducements or
advantages to encourage copyright owners to make registration.

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Who May File an Application Form?

The following persons are legally entitled to submit an application form:

 The author.
 The copyright claimant.
 The owner of exclusive right(s).

The duly authorized agent of such author, other copyright claimant, or owner of exclusive right(s).
Any person authorized to act on behalf of the author, other copyright claimant, or owner of exclusive
rights may apply for registration

Process of Registration

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 Application for registration is to be made on as prescribed in the first schedule to the Rules
 Separate applications should be made for registration of each work
 Each application should be accompanied by the requisite fee prescribed
 The applications should be signed by the applicant or the advocate in whose favour a Power of
Attorney has been executed. The Power of Attorney signed by the party and accepted by the
advocate should also be enclosed.
 After filing an application and receiving a diary number one have to wait for a mandatory period
of 30 days so that no objection is filed in the Copyright office against the one who claimed to have
created that particular.
 In case no objections are raised, the examiner goes ahead to review and scrutinize the application
to find any discrepancy.
 In case objections are raised by someone against the applicant, letters are sent out to both parties
and they are called to be heard by the registrar.

 The final step in this process can be termed as registration. In this step, the registrar might ask for
more documents. Once completely satisfied with the copyright claim made by the applicant, the
Registrar of Copyrights would enter the details of the copyright into the register of copyrights and
issue a certificate of registration.

 The process registration of copyright completes when the applicant is issued the Extracts of the
Register of Copyrights (ROC)

Copyright Registration Formalities

Copyright formalities are legal, generally statutory, requirements needed to obtain a copyright in a
particular jurisdiction. Common copyright formalities include

 Copyright registration: In general, copyright registration is a legal formality intended to make a

public record of the basic facts of a particular copyright.
 Copyright renewal: Copyright renewal is a process through which an initial term
of copyright protection for a work can be extended for a second term. Otherwise the copyrighted
work enters the public domain, and can be freely reproduced and incorporated into new works.
 Copyright notice: In United States copyright law, a copyright notice is a notice of statutorily
prescribed form that informs users of the underlying claim to copyright ownership in a published
work. Copyright is a form of protection provided by U.S. law to authors of “original works of
authorship.”
 Copyright deposit: Legal deposit is a legal requirement that a person or group submit copies of
their publications to a repository, usually a library.

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Fee Details of Copyright Registration

S.No. For an application for COMPULSORY LICENSE : Fee

For a license to republish a Literary, Dramatic, Musical or Artistic work
1. Rs. 5,000/- per work
(Sections 31, 31A,31B* and 32A)
For a license to communicate an any work to the public by Rs. 40,000/- per
2.
Broadcast(Section 31(1)(b)) applicant/per sataton
3. For license to republish a Cinematograph Film (Section 31) Rs. 15,000/- per work
4. For a license to republish a sound recording (Section 31) Rs. 10,000/- per work
5. For a license to perform any work in public (Section 31) Rs. 5,000/- per work
For a license to publish or communicate to the public the work or
6. Rs. 5,000/- per work
translation (Section 31A)
For a license to publish any work in any format useful for person with
7. Rs. 2,000/- per work
disability (Section 31 B)
For an application for a license to produce and publish a translation of a
8. Rs. 5,000/- per work
Literary or Dramatic work in any Language (Section 32 & 32-A )
For an application for registration or copyright in a:
(a)Literary, Dramatic, Musical or Artistic work Rs. 500/- per work
9.
(b)Provided that in respect of a Literary or Artistic work which is used or is
Rs. 2,000/- per work
capable of being used in relation to any goods (Section 45)
For an application for change in particulars of copyright entered in the
Register of Copyrights in respect of a:
10. (a)Literary, Dramatic, Musical or Artistic work Rs. 200/- per work
(b)Provided that in respect of a literary or Artistic work which is used or is
Rs. 1,000/- per work
capable of being used in relation to any goods (Section 45)
For an application for registration of Copyright in a Cinematograph Film
11. Rs. 5,000/- per work
(Section 45)
For an application for registration of change in particulars of copyright
12. entered in the Register of Copyrights in respect of Cinematograph film Rs. 2,000/- per work
(Section 45)
For an application for registration of copyright in a Sound Recording
13. Rs. 2,000/- per work
(Section 45)
For an application for registration of changes in particulars of copyright
14. entered in the Register of Copyrights in respect of Sound Recording Rs. 1,000/- per work
(Section 45)
15. For taking extracts from the indexes (Section 47) Rs. 500/- per work
16. For taking extracts from the Register of Copyrights (Section 47). Rs. 500/- per work
For a certified copy of an extract from the Register of Copyrights of the
17. Rs. 500/- per copy
indexes (Section 47)
For a certified copy of any other public document in the custody of the
18. Rs. 500/- per Copy
Register of Copyright or Secretary of the Copyright Board

For an application for prevention of importation of infringing copies

19. Rs. 1,200/- per work
(Section 53) per place of entry

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Benefits of Copyright Registration

Upon completion of registration process the copy right holder will be benefited in the following matters

 Registration required before a copyright owner bring suit for infringement

 Statutory damages and attorneys’ fees available infringement action if work registered before
infringement or within 3 months after publication
 Registration may serve as presumptive evidence the copyright in the work is valid
 Registration may give actual or constructive no copyright claim
 Registration may be recorded with U.S. Customs Service to prevent importation of infringing
goods.

LIMITATIONS AND EXCEPTIONS IN LAWS

In general, limitations and exceptions to copyright are subject to a 3 step test set out in the Berne
Convention for the protection of literary and artistic works. The Berne Convention provides that a
limitation or exception to the copyright is permissible only if:

 It covers special cases

 Does not clash with the normal exploitation of the work
 Does not arbitrarily bias the legitimate interests of the author

The term ‘Fair Dealing’ is a legal doctrine that allows an individual to make restricted use of a work
without the permission of the owner. The fair nature of the dealing is mainly based on the four factors.

 The purpose of use

 The kind of work
 The amount of work used
 The effect of the use of work on the original

Whether an individual’s use of the copyrighted material is ‘fair; would depend wholly upon the
circumstances and facts of a given case. There is only a small difference between ‘fair dealing’ and
infringement. No specific criteria in India define how many words and sections can be utilised without
the author’s permission. We can only state that the extracted piece should not interfere with the author’s
principal interest. As a result, fair dealing is an important constraint on the copyright owner’s special
right. However, the court recognises the economic impact on the copyright owner. Where the economic
impact is minor, fair dealing is considered appropriate.

RAGHU ENGINEERING COLLEGE (Autonomous) Department of Science & Humanities

 Subject: Intellectual Property Rights & Patents Unit-II Subject Code: 20HS7406

INFRINGEMENT OF COPYRIGHT

Copyright protection gives exclusive rights to the owners of the work to reproduce the work
enabling them to derive financial benefits by exercising such rights. If any person without authorisation
from the owner exercises these rights in respect of the work which has copyright protection it constitutes
an infringement of the copyright.

When someone purposefully or inadvertently duplicates or uses another person’s work without
giving them credit, it is considered infringement. Primary and Secondary infringements are the two
categories into which infringement is typically divided.

Examples of copyright infringement

 Downloading and sharing MP3 files of music, videos and games without permission of the
copyright owner.
 Using corporate logos without permission.
 Scanning a photograph that has been published and using it without permission or attribution.
 Placing a number of full-text articles on a course web page and allowing the web page to be
accessible to anyone who can access the Internet.
 Downloading licensed software from non-authorized sites without the permission of the copyright
or license holder.
 Making a movie file or a large segment of a movie available on a web site without permission of
the copyright owner.
Common Method of Copyright infringement
 Piracy: The practice of labeling the infringement of exclusive rights in creative works as "piracy
 Theft: Copyright holders frequently refer to copyright infringement as theft.

Ways to Identify Copyright infringement

 Copyright holders or their agents locate possible copyright infringements by using automated
systems, such as spiders.
 Via Tagged files on file-sharing networks, like Gnutella, Lime wire and Bit Torrent.
 Taking content “bait” on industry-owned fileservers.

Penalties of copy right infringement

 Infringer pays the actual dollar amount of damages and profits.

 The law provides a range from $200 to $150,000 for each work infringed.
 Infringer pays for all attorneys’ fees and court costs.
 The Court can issue an injunction to stop the infringing acts.
 The Court can impound the illegal works.
 The infringer can go to jail.

RAGHU ENGINEERING COLLEGE (Autonomous) Department of Science & Humanities

 Subject: Intellectual Property Rights & Patents Unit-II Subject Code: 20HS7406

Relief and Remedy against Copyright Infringement

In India some acts that do not constitute a copyright infringement or are deemed a copyright
infringement exception like fair dealing of a literary, musical, theatrical, or artistic work that is not a
computer program. The following are exceptions to infringement:

 Private use along with research

 Review or criticism
 Reporting present events in any print media
 By a cinematograph films copyright or broadcast or by any means of photographs
 Reproduction of the judicial proceeding or of a report of the judicial proceeding
 Publication or reproduction of the musical, literary, dramatic, or artistic work in any work
prepared by the secretariat of the legislature
 The reproduction of any literary, musical work or dramatic in a certified copy made or supplied in
lines with any law for the time being in force
 The recitation or reading in public of any reasonable extract from the published literary or
dramatic work
 The publication in the collection, primarily composed of non-copyright matter, is bonafide and
intended for the sake of educational institutions
 The making of sound if made with or by the copyright license or consent of the owner of the right
in the work

SEMICONDUCTOR CHIP PROTECTION ACT

An integrated circuit or monolithic integrated circuit also referred to as an IC, a chip, or a microchip is a
set of electronic circuits on one small plate ("chip") of semiconductor material, normally silicon.

Meaning of Semiconductor chip Protection act:

The Semiconductor Chip Protection Act of 1984 (or SCPA) is an act of the US Congress that
makes the layouts of integrated legally protected upon registration and hence illegal to copy without
permission. Prior to 1984, it was not necessarily illegal to produce a competing chip with an identical
layout. As the legislative history for the SCPA explained, patent and copy right protection for chip
layouts, or chip topographies, was largely unavailable. As a result, U.S. chip manufacturers- notably,
Intel, along with the Semiconductor Industry Association (SIA), took the lead in seeking remedial
legislation-against what they termed “chip piracy” during the hearings that led to enactment of the SCPA,
chip industry representatives asserted that a pirate could for $10,000 copy a chip design that had cost its
original manufacturer upwards from $10,000 to design. In 1984 the United States enacted the

RAGHU ENGINEERING COLLEGE (Autonomous) Department of Science & Humanities

 Subject: Intellectual Property Rights & Patents Unit-II Subject Code: 20HS7406

semiconductor chip protection Act of 1984 (the SCPA) to protect the topography of semiconductor chips.
Japan and European Community (EC) countries soon followed suit and enacted their own, similar laws
protecting the topography of semiconductor chips. Chip topographies are also protected by TRIPS, an
international treaty.

In India, the Act for protection of the layout designs of integrated circuits in India, came into force
on 4th September, 2000 and is called the SICLD (Semiconductor Integrated Circuit Layout Design) Act,
2000. The Act provides for exclusive rights to the registered proprietor of a layout design and also to the
registered users. Applications for registration of layout designers must be filed with the registrar. Appeals
against the orders of the registrar could be filed with the appellate board. The Act also provides for
criminal prosecution for infringement of layout designs.

Benefits

 Protection of effort and investments in design and improvement of circuits

 Recognition of original effort

Registration

 Registration of circuit design in India can be done in India by making an application to registrar of
SICLDL, New Delhi.
 Web link- http://mit.gov.in/content/sicldr

The following layout designs are not registrable

 Not original
 Already commercial exploited
 Not distinctive
 Not capable of being distinguishable from any other registered layout design.

Term

 10 years from date of filing or known date of commercialization, whichever is earlier

RAGHU ENGINEERING COLLEGE (Autonomous) Department of Science & Humanities