N. K. BHARDWAJ 1
Copyrights [Copyright Act, 1957] Trademarks [Trademarks Act, 1999] Designs [Designs Act,2001] Patents [Patents Act, 1970] Geographical Indications [Geographical Indications of Goods (Registration & Protection) Act, 1999] Trade Secrets / Confidential Information-Common Law/Tort Law 2
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. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. 3
Copyright vests in original work Copyright does not vest in ideas Copyright is a bundle of rights-exclusive economic rights-moral rights-neighboring rights 4
IT SUBSIST IN THE ORIGINAL EXPRESSION OF AN IDEA IN A TANGIBLE FORM SUCH AS: Literary Works-Writing a book, a source code or a poem; Artistic Works-Drawing a picture/painting, making a sculpture; Musical Work-Singing a song/gazal/jingle Dramatic Works-Writing a drama/play/screenplay for a movie; Sound Recordings-Singing a song/gazal/jingle and recording it; Computer Programs-Making a software program based on a source code; Cinematograph Films-Making a film; 5
The AUTHOR of a work shall be the first owner of the copyright therein 6
Literary or Dramatic work-author Musical work-composer Artistic work-artist Cinematograph film-producer Sound recording-producer Computer generated work-person who causes the work to be generated 7
The right to reproduce the work in any material form including storing it in any medium by electronic means; To issue copies of the work; To make an adaptation or translation of the work; For a computer program, the additional right to sell or give on commercial rental, or offer for sale or commercial rental, any copy of the computer program The right to authorize the doing of any of the aforesaid acts. 8
Reproduction Right Distribution Right Public Performance Right Public Recitation Right Communication Right including Broadcasting, Telecasting rights. Cinematograph Film and Sound Recording Right including video film rights Translation Right Adaptation Right Rental Right -Computer programs -Cinematograph films -Sound recordings 9
Right to Paternity-to claim authorship Right to Integrity-To object to any mutilation, modification, distortion prejudicial to authors honour or reputation etc. Moral rights survive even after assignment of Economics rights 10
The copyright in a work can be assigned to by the owner or his duly authorized agent in writing only The assignment should specify: (i) The identification of the work (ii) Rights assigned (iii) Duration and territorial extent (if not mentioned will lapse after five years and for India only) (iv) Amount of royalty Note: In case assignee fails to exercise the rights assigned within one year, the rights will lapse 11
An owner of copyright can grant (i) a non exclusive license of the work (ii) an exclusive license of the work 12
The institution is the owner of Copyright for any work created by an individual during the course of his employment. For any work done/ created by an individual beyond the scope of his employment, the Institution will not be an owner and has to have assignment of copyright in its favour for the said ownership. 13
Unpublished Work Author has right in Perpetuity Published Work For literary, artistic, dramatic, musical work Life +60 years -Joint authorship Life of author who dies last + 60 years 14
Registration of copyright is not mandatory Copyright protection is automatic once a work is fixed in a tangible medium However, an application for entering particulars of a work in the Register of Copyrights can be made by the Authors and such entry shall be the prima facie evidence in court of law with reference to dispute relating to ownership of copyright and in an action for infringement 15
India is a member of Berne Convention and is accorded protection for Copyright Registrations in any of the countries of Berne Convention. The said protection is reciprocal If there is a copyright registration in US, the same is accorded protection in India, in case of any violation. 16
COPYRIGHT IS DEEMED TO BE INFRINGED : When any person without a License granted by the owner, does anything, the exclusive right to do, which is conferred upon the owner of copyright; Makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or Distributes for the purposes of trade; By way of trade exhibits in public; Imports into India; any infringing copies of the work 17
The act of stealing (borrowing, using, copying) and passing off as one s own the ideas and words of another Using a created production without crediting the source. This means anything from TV, the radio, movies, and also from a computer or a book. 18
Stealing - This is exactly what it sounds like! If you take a sentence, or even a unique turn of phrase, and pass it off as your own, this is stealing. Patchworking - Using words and phrases from a source text (that may or may not be acknowledged), and patching them together into new sentences. Insufficient Paraphrasing - Taking an author's words and changing them slightly, without quoting the actual text is plagiarism. Say it entirely in your own words, otherwise put the author's text in quotes and reference the source. 19
Injunction (Ex parte or otherwise); Damages; Accounts/statement of profit; COUPLED WITH: Courts may appoint a Local Commissioner(s) empowering them to: (i) Enter premises [Break locks, call for Police Assistance, proceed to new premises on fresh information being available]; (ii) Serve order on defendants; (iii) Inspect and inventorize, seize the offending/infringing goods; (iv) Prepare and file report on evidence found for court; 20
A Police Officer not below the rank of Sub-Inspector is authorized to Search & Seize without Warrant all copies of the work and all plates used for purpose of making infringing copies of the work wherever found. For Offences of infringement an Imprisonment for a term not less than 6 months, extendable to 3 years ; with fine not less than 50 Thousand extendable to 2 Lakhs is imposed on the Copyright offender for the first offence; For second and subsequent offences-imprisonment for a term not less than 1 year, extendable to 3 years ; with fine not less than 1 Lakh extendable to 2 Lakhs; 21
Among other things, includes: Providing false or misleading information or documentation to gain admission to the University or any University program. Theft of lecture notes, research work, computer files, or academic materials prepared by another student or an instructor. Passing off the work of someone else as one s own. Fabrication or invention of sources. Knowingly assisting another person engaged in actions that amount to academic dishonesty. Plagiarism: the presentation of the work or idea of another in such a way as to give others the impression that it is the work or idea of the presenter. 22
Fair dealing of the copyright works for private use including research, criticism or review For performance of work by an amateur club given to non-paying audience or for the benefit of religious institutions For re-production of any act with any commentary thereon Re-production of a work by a teacher or a pupil in the course of instructions 23
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