COPYRIGHT AS A PART OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO SOME CLAUSES IN TRIPS

INDEXSR. NO

CONTENT

1 Introduction

2 History

3 Importance of IPR

4 WIPO & NIPO

5 Copyright

6 Copyright Society

7 Copyright Infringement and its remedies

8 Comparison between India and Brazil

9 Copyleft

10 Statistical Data

11 Case study

INTRODUCTION

Intellectual property  is a legal concept which refers to creations of the mind for which exclusive rights are recognized. 

Under intellectual property law, owners

are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Intellectual Property Rights

Intellectual property rights are the rights given the creator an exclusive right over the use of his/her creation for a certain period of time.

Intellectual property rights are customarily divided into two main areas:

• Copyrights and rights related to copyrights

• Industrial Property 

HISTORY

Modern copyright law developed in India gradually, in what we may identify roughly as three distinct phases spanning more than 150 years:

• Phase I- East India Company Statute• Phase II- Copyright Act 1914• Phase III- Post Independence

Types of Intellectual Property Rights

• Copyright• Trademarks• Patents• Industrial design rights• Trade dress• Trade secrets

RIGHTS RELATED TO COPYRIGHT

Related rights have been granted to three categories of beneficiaries:

• Performers• Producers of phonograms• Broadcasting organizations.

TRIPS Agreement

The Agreement on Trade Related

Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members

Main features of the agreement

• Standards• Enforcement• Dispute settlement

WIPOWorld intellectual property organization

• It is the United Nations agency dedicated to the use of intellectual property.

• It is a self-funding agency of the United Nations, with 186 member states.

• Their mission is to lead the development of a balanced and effective international intellectual property system that enables innovation and creativity for the benefit of all.

WIPO's Strategic Goals

• Balanced Evolution of the International Normative Framework for IP

• Provision of Premier Global IP Services• Facilitating the Use of IP for Development• Coordination and Development of Global IP

Infrastructure• World Reference Source for IP Information and Analysis• International Cooperation on Building Respect for IP• Addressing IP in Relation to Global Policy Issues• A Responsive Communications Interface between

WIPO, its Member States and All Stakeholders

NIPOnational intellectual property organization

• It is an initiative destined to put India on the map of intellectual superpowers.

• It includes Developing policy initiatives in the area of IP Mobilizing the use of IP for economic and

social development Provides all stakeholders a strong voice on IP

matters.

Mission and Objectives of NIPO

• Catalyzes awareness about the rights of intellectual property owners

• Promotes development of infrastructural facilities for registration of intellectual property

• Carries out Research and Development activities for development and protection of IPR’s.

• Conducts training and capacity building activities for corporate and government personnel

COPYRIGHT

• A copyright gives the creator of original work exclusive rights to it, usually for a limited time.

• Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works".

• Specifics vary by jurisdiction, but these can include  poems,  plays and other literary works,  musical compositions, sound recordings, computer software, radio and television broadcasts,

and industrial designs.

COPYRIGHT ACT, 1957

• Copyright Act refers to laws that regulate the use of the work of a creator, such as an artist or author.

• This includes copying, distributing, altering and displaying creative, literary and other types of work. Unless otherwise stated in a contract, the author or creator of a work retains the copyright.

• Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information.

NEED FOR COPYRIGHT

• It gives you the exclusive right to reproduce or copy the work or change its form.

• You can perform the work or display it in public; everyone else has to ask you first.

• You're the only person who can distribute the work for commercial purposes.

• You can sell your right to control over the copyrighted work

• Registration informs the world that you own the work

• If you succeed in an infringement suit, you are entitled to money damages.

Indian perspective on Copyright Protection

It confers copyright protection in the following two forms:

(a) Economic rights of the author

(b) Moral Rights of the author (i) Right of Paternity

(ii) Right of Integrity

Registration of Copyright

TERM OF COPYRIGHT

• It varies according to the nature of work - 60 years, in India.

• In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus 60 years.

• In the case of photographs, cinematograph films and sounds recordings; the term is 60 years from the date of publication.

• When the first owner of copyright is the government or a public undertaking, the term of copyright is 60 years from the date of publication.

Administration of Copyright Law

• Copyright Society• Tariff Scheme of copyright societies• Fair use Provisions• Fair use in digital works• Notice and take down procedures• Special Provisions for Access to the

disabled• Fair use rights to the disabled

COPYRIGHT SOCIETY

• A copyright society is a registered collective administration society. Such a society is formed by copyright owners.

• The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work.

• A copyright society can issue or grant licenses in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act.

FUNCTIONS OF A COPYRIGHT SOCIETY

A copyright society may –• Issue licenses in respect of the rights

administered by the society.• Collect fees in pursuance of such

licenses.• Distribute such fees among owners of

copyright after making deductions for the administrative expenses.

COPYRIGHT IN THE DIGITAL WORLD

• Copyright gives the people involved in creating music various rights over the copying, distribution, performance and internet transmission of their music.

• Uploading & downloading of music to & from the internet is an infringement of copyright if done without the rights owners' permission.

COPYRIGHT INFRINGEMENT

Copyright infringement is the use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator.

COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S

RIGHTS ARE VIOLATED

• The Right to Reproduce the Work.• The Right to Derivative Works• The Right to Distribution • The Public Display Right • The Public Performance Right 

acts involving infringement of copyright

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

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

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

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

Importation of infringing copies into India.

Remedies against Infringement

• Civil Remedies• Criminal Remedies• Administrative Remedies

Comparison of Indian copyright act with Brazil

AREAS OF CONCERN INDIA BRAZIL

What is the general scheme of exceptions from copyright protection?

Specific categories operating under an umbrella of a general doctrine (fair dealing)

One general doctrine without specific categories (fair use)

Do licensing agreements need to be in writing to be valid?

YES, the licensee has no right to use works unless the license is in writing

NO, it is only a matter of evidence

Can a license be granted with respect to unspecified works that may be created in the future?

YES, it is possible to license all future works

NO, the works must be sufficiently described for the license to take effect

Comparison of Indian copyright act with Brazil

AREAS OF CONCERN INDIA BRAZILCan a license be granted with respect to ALL works (without a specific list of these works)?

YES, in this case all works in which licensor owns copyright will be licensed to the licensee

NO, the works must be sufficiently described for the license to take effect

Can a license be granted for free?

NO, there must be some remuneration

YES, as long as the agreement is voluntary

Do assignment agreements need to be in writing to be valid?

YES, the assignee has no right to use works unless it the assignment is in writing

NO, it is only a matter of evidence

Can moral rights be waived?

YES, while moral rights cannot be assigned, they CAN be waived

NO, moral rights are inalienable: they cannot be assigned and they cannot be waived

COPYLEFT

An arrangement whereby software or artistic work may be used, modified, and distributed freely on condition that anything derived from it, is bound by the same conditions

FREEDOMS GIVEN IN COPYLEFT

• Freedom 0 – the freedom to use the work

• Freedom 1 – the freedom to study the work

• Freedom 2 – the freedom to copy and share the work with others

• Freedom 3 – the freedom to modify the work, and the freedom to distribute modified and therefore derivative works.

TYPES OF COPYLEFT

1. Strong and weak2. Full and Partial3. Share - alike

STATISTICAL DATA

CASE STUDY

Case of copyright infringement by Zee Khana Khazana

CASE STUDY

Writers express disappointment over Zanjeer Remake

CASE STUDY

Amar Nath Sehgal v. Union of India, Delhi High Court 2005

CASE STUDY

Yahoo Sued by T Series for Copyright Infringment

CASE STUDY

India TV wins case against Yash Raj Films

Conclusion

• The Indian Copyright Act was enacted with a motive of protecting the rights of the original authors. It aimed to encourage and provide incentive to create original works.

• Copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.

• The pirate retail trade is vast throughout big cities in India.

BIBLIOGRAPHY

• http://www.nipo.in/• http://www.wipo.int• http://www.socialsamosa.com/2012/03/case-of-copyrigh

t-infringement-by-zee-khana-khazana/• http://www.ip-watch.org/category/copyright-policy• http://www.go-gulf.com/blog/online-piracy/• www.copyright.gov.in • http://en.wikipedia.org/wiki/TRIPS_Agreement