Copyright Protection. Dr. Somu C S School of Law, Christ University Bangalore

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Claribel Bryant
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1 Copyright Protection Dr. Somu C S Bangalore

2 Copyright Copyright is a Tax upon Readers for the purpose of giving bounty to Authors Lord Macaulay

3 Philosophy of Copyright Law ECONOMIC INCENTIVE PUBLIC INTEREST

4 Why do we need Copyright? Is your enterprise involved in the creation, recording, publication, dissemination, distribution or retailing of artistic, musical or literary works? Does your company have a website, a brochure, a corporate video, or does it advertise on newspapers or TV? Is your SME using music, pictures, or software products owned by others in any of its publications, brochures, databases or websites? Does your company own the rights to any computer software?

5 Copyright Anything worth copying, deserves protection Authors of Original work of Authorship Creations literary ; music, artistic, dramatic ;sound recording, cinematograph Limited to Expression of IDEA only No need of Registration Fixed on Tangible Medium

6 So how do you know if a work is copyrighted?

7 Original works of authorship The sine qua non of copyright is originality. Originality is a statutory requirement. Touchstone of copyright protection, the very premise of copyright law. What does it mean to be original? Independent creation at least some minimal degree of creativity

8 Subject matter of Copyright LITERARY WORKS ARTISTIC WORKS DRAMATIC WORKS MUSICAL WORKS CINEMATOGRAPH FILM - Visual Recording COMPUTER PROGRAMS Sound Recording

9 Subject matter of Copyright Broadcasting rights Neighboring Rights PHONOGRAMS Performing rights

10 Rights of Copyright owner Right to Reproduce Right to Public display/communication Right to adaptation Right to Translation Right to Perform Right to Broadcast

11 Enabling Business Control commercial exploitation of original works Generate Income Raise Funds Take action against infringer Use works owned by others

12 Fair Use/ Fair Dealing Private educational uses/research Review/comments Judicial/Legislature

13 Measuring Fair use 1. Purpose & Character of your use 2.Nature of Copyrighted work 3.Amount and substantiality of the portion taken 4.Effect of use upon the potential market

14 Amount and Substantiality of Portion taken Copying just 300 words from Gerald Ford s 200,000 word memoir for a magazine article was ruled as Not Fair use, in spite of it being news worthy, because it was the most important 300 words why he pardoned Nixon

15 Fair Dealing in Computer Software the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy- 1. To make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;" 2. the doing of any act necessary to obtain information essential for operating interoperability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available; 3. the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied; 4. the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use; ;

16 SOFTWARE COPYRIGHT ORIGINAL + RESULT OF SKILL/JUDGEMENT DE MINIMIS RULE TRIVIAL & INSIGNIFICANT COMPILATIONS NO COPYRIGHT WRITTEN SPECIFICATIONS FLOW CHART LAYOUTS OTHER PROGRAMMES IN GENERAL OTHERS PROGRAMMING LANGUAGES : COURTS HAVE HELD PROGRAMMING LANGUAGES E.G., BASIC, COBOL ARE NO DIFFERENT FROM COMMON LANGUAGES LIKE ENGLISH, FRENCH NO COPYRIGHT

17 Digital Rights Management Use of TPMs Prohibition of Circumvention Privacy Issue

18 Copyright office Registration of work Prima facie evidence in the court of law Both published and unpublished work can be registered Registrar of copyright New Delhi Form IV Particulars & Fee

19 Copyright Board Quasi-judicial body Consists of Chairman, 2 or more members( Max.14) Chairman of Board High Court Judge Has the power of civil court

20 Copyright Societies Collective administration of copyrights Registered society- Min.7 members Issues licenses, collect fee and distribution of such fee among owners of copyright; Society for copyright Regulation of Indian Producers of Film and Television (SCRIPT), Indian Performing Right Society Limited (IPRS), Phonographic Performance Limited (PPL)

21 Remedies for Infringement 1. Civil remedies Injunction damages or account of profit, delivery of infringing copy and damages for conversion. 2. Criminal remedies Imprisonment of the accused or imposition of fine or both. Seizure of infringing copies. 3. Administrative remedies Administrative remedies consist of moving the Registrar of copyrights to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.

COPYRIGHT ACT -- FAIR DEALING (Advisory for SUTD Faculty, Researchers, Staff and Students)

COPYRIGHT ACT -- FAIR DEALING (Advisory for SUTD Faculty, Researchers, Staff and Students) When determining whether copying of the whole or part of the work or adaptation constitutes fair dealing, the