Lect 18 CopyrightT

Copyright
P K PANDA
Rights
 Two Kinds of Rights
 Moral Rights
To protect personality of
author
 Economic Rights
To bring economic benefits
2
2
Moral Rights
 Right of Authorship
 Right of Integrity
 Digital Manipulation
 No Right for Display
 Inalienable Rights
3
3
Economic Rights -1
 Right of Reproduction
 Making copies e.g. an edition of a novel
 Storage in computer memory
 Right of Distribution/Issuing Copies
 Digital Distribution
 Right of Communication to the
Public
 Public Performance
 Internet Communication
4
4
Economic Rights 2
• Adaptation Rights
– Conversion into another form e.g. literary to drama
– Abridgement
– Picturizations,
– comic formats
• Right to make a cinematograph film or
sound recording
• Translation Rights
• Rental Rights
• Resale Rights for original artistic works.
5
5
Ownership of Rights
• Literary – author
• Drama – Dramatist
• Music – Composer
• Artistic work – Artist e.g. Painter, sculptor,
architect
• Photograph – Photographer
• Author of Computer Programme – Person
who causes the work to be created
• Cinematograph film – producer
• Sound Recording - producer
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6
Author as Owner of Rights:
Exceptions
 In the course of employment –

employer
 Employment by newspaper,
magazine – employer has publishing
right; other rights with author
 Photograph, painting, cinema for
valuable consideration – person who
pays money
7
7
Exceptions
 Lecture delivered in public – Person

delivering
 Government Work – Government
 Public Undertaking Work – public
undertaking
 Work of International Organization –
International Organization
8
8
Exceptions
 Work of apprentice – to Teacher

 If teacher writes a book then teacher
because he is employed to teach and
not write
 Question Papers – Paper setter
 Encyclopedia, dictionary – editor for
collection
 Music under contract by film producer
– film producer
9
9
Securing Copyright
 Formality free protection

 Voluntary Registration (S. 44 & 45)
 Registration does not as a matter of
law establish that what is registered
is in fact and in law copyrightable
subject matter
10
10
Duration of Copyright
 Literary, dramatic, Musical and Artistic

Works published during life time of
author: Life + 60 years
 All Other Works: 60 years from date of
publication
 Posthumous, Anonymous Works
 Works of Government and Organizations
 Cinema and Sound Recording
 Photograph
11
11
RELATED RIGHTS
 Rights granted by law to

communicators of works to the
public
 Performers
 Broadcasting Organizations
12
CUTS Training Programme 14 Jul 11 12
Performer’s Rights
 Recording, broadcasting and

communicating to the public of a
live performance
 Presumption of transfer of
performer’s right to
cinematographic film producer
 Duration: 50 years
13
13
Rights Of Broadcasting
Organisations
 Broadcast Reproduction Right

 Re-broadcasting, Recording and
Communicating to the Public of a
Broadcast
 Duration: 25 Years
14
14
A CASE 2013 DU Vs. OUP, CUP
etc.
 In a move that will benefit million of students in India, a
single judge bench of the Delhi High Court has
dismissed a claim by major publishers (Oxford
University Press, Cambridge University Press, Taylor and
Francis, U.K. and India) that Delhi University, and a
photocopy shop that was licensed to meet the needs of
students, were in violation of the Copyright Act. The
case (The Chancellor, Masters and Scholars of the
University of Oxford & Others v. Photocopy Services &
Another) revolved around the practice of study
materials that students use for the courses. Students
through the Association of Students for Equitable
Access to Knowledge (ASEAK) and concerned
academics through the Society for Promoting
Educational Access and Knowledge (SPEAK) had
pleaded themselves in the case.
Interpretation of “in the
course of instruction”.
 The main legal dispute was around the
interpretation of section 52(1)(i) of the Indian
Copyright Act, which provided an exception to
copyright based on fair use. The manner in which
the law frames this exception is that the
exception applies to materials used by students
and teachers “in the course of instruction”. The
publishers argued that this term refers to a
narrow meaning of materials used in the
classroom during the lecture. The Court, however,
dismissed this argument, and instead held that
the term ‘in the course of instruction’ has to be
interpreted broadly to mean something that the
teacher tells the student to do in the course of
 The Court stressed that the right to
education is a fundamental right, and that
exemptions for the purposes of education,
research and teaching have traditionally
been exceptions to copyright law. Stressing
on the way technology is evolving, the
Court said that even if students today take
photographs of material from textbooks,
and get this printed, this would also
amount to fair use and therefore be
exempted from copyright restrictions.
IP Laws of India
Act Ministry/Department
The Copyright Act, 1957 Higher Education
The Patents Act, 1970 Industrial Policy & Promotion
The Designs Act, 2000 Industrial Policy & Promotion
The Trade Marks Act, 1999 Industrial Policy & Promotion
The Geographical Indications of Industrial Policy & Promotion

Goods (Registration and
Protection) Act, 1999
The Semiconductor Integrated Circuits Information Technology
Layout-Design Act, 2000
The Protection of Plant Varieties and Agriculture and Cooperation

Farmers’ Rights Act, 2001
18

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Copyright

 Two Kinds of Rights

 In the course of employment –

 Lecture delivered in public – Person

 Work of apprentice – to Teacher

 Formality free protection

 Literary, dramatic, Musical and Artistic

 Rights granted by law to

 Recording, broadcasting and

 Broadcast Reproduction Right

The Copyright Act, 1957 Higher Education

The Patents Act, 1970 Industrial Policy & Promotion

The Designs Act, 2000 Industrial Policy & Promotion

The Trade Marks Act, 1999 Industrial Policy & Promotion

The Geographical Indications of Industrial Policy & Promotion

The Protection of Plant Varieties and Agriculture and Cooperation

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