2. what is Copyright?
its an exclusive right of the copyright holder.
its a right to copy or reproduce the work for
which the author has got the copyright.
its a right to do or authorizing others to do
certain acts .
its a product of human skill & his
mentalcapacity to do something creative.
3. Subject matter of the copyright?
1.cinematography
2.artistic works
3.dramatic works
4.musical works
5.literary
6.sound recording
7.computer programs .etc
4. Introduction
British period
In India its was during the East India Company
the first Copyright act was introduced in the
year 1847.
Again in the year 1911 an Copyright Act was
passed in England based on which Indian
copyright act 1914 was passed.
5. -
After Independence
soon after independence Indian government
passed the Copyright act in the year 1957 .
subsequently this act was amended many
times due the influence of many international
treaties for which India was a signatory .
The treaties which has influenced the change
in the above act is :
1.The Berne convention 1886.
2.The Universal Copyrights convention 1940 .
3.The WIPO Copyright treaty .etc
6. -
Copyright :
copyright has its origin in the 20th century .
copyright is a form of intellectual property,
which deals with protecting the rights of a
copyright holder.
just like other intellectual properties even
copyright can be sold,mortgaged, leased etc .
7. Nature of Copyright ?
it creates "Right in Rem".
its a form of "Incorporeal property".
infringement of copyright is a actionable wrong
.
copyright is both a positive and a negative
right.
8. Objectives of copyright act ?
its main objective is to encourage the
authors,music composers ,singers to create their
original piece of works by granting them exclusive
rights .
to stop the misuse of copyrights .
its helps in protecting the rights of the person who
holds the copyright.
the copyright holder is give both the civil remedies
and the criminal remedies in case of infringement
.
further it provides methods of acquiring the
copyrights. the copyright protection is given for a
longer period of time .
9. Who is an author?
literary and dramatic work ------- author of the
work .
artistic works -------- the artist
musical work --------- the composer
photography ---------- the photographer
cinematography -------- the producer
computer program ------- the programmer.
10. Advantages of copyright
registration ?
the certificate copy of registration ,which is
acts an evidence of the authorship
its helps the author to take immediate legal
action against the infringement
the registration certificate is useful to author
and his successors to establish their title in the
case of dispute
it helps to prove the copyright in the foreign
countries .
11. -
it is help full for the government in levying and
collecting royalty and pay the same to the
copyright holder.
prior registration helps in determination of
licencing.
it helps to prove the copyright in the foreign
countries .
12. Artistic work means
any panting ,any sculpture
any drawing including maps,chart and a plan
an engraving
a work or an architechture
and any other work of craftsamanship
any work which has artistic quality .
13. cinematography means
any work of visual recording on the medium
produced through a process from which a
moving image may be produced .
it includes sound recording accompanied with
the visual images .
it shall also be construed as including any
work produced by any process analogous to
cinematography including video films.
14. Literary work means?
includes any writings
computer programmes
tables and compilations including the
computer database.
15. Musical work means ?
any work consisting of music and includes any
graphical notation
but does not include any wods or any actions
intended to be sung ,spoken or performed with
the music
16. Sound recording means?
any recording of sound
from which such sounds may be produced
regardless of the medium
on which such recording is the method by
which the sound are produced .
17. Copyright Office
Is established under the control of the registrar
of copyright , who shall act under the
directions of the central government .
There shall be a seal of copyright .
The main work of the office is to control ,
administer and apply the provisions of the act .
central government appoints the registrars and
the deputy registrars from time to time.
18. Copyright Board
The board consists of a chairman and not more
than fourteen other members .
The chairman is appointed for a period of five
years and is also eligible for re appointment ,and
works under the superintendence of the central
government .
A person in order to become the chairman of the
copyright board should be a judge of an High
Court or should have been qualified to be a judge
of an High Court .
The registrar of the copyright is the Secretary of
the copyright board.
19. Powers and Procedures of the
copyright board?
power to regulate its own affairs including the
fixing of places and the times of sittings
the chairman has the right to constitute
benches and special benches in order to
dispose the cases before it
the normal bench consists of not less than 3
members and the special bench consists of
not less than 5 members .
20. -
while deciding the cases if there are any
difference in the opinion between the members
than the majority opinion will prevail .
if there is no majority than the decision on the
chairman prevails .
The chair man has the power to authorize any
of the board members to exercise their powers
.
21. -
if the member of the copyright board has any
personnel interest in any matter before the
board than the member is not permitted to
attend the proceedings of such matter.
the board is deemed to be a civil court for all
proceedings before it .it means it posses all
the rights of the civil court while deciding any
of the matters before it .
22. functions of the copyright board
?
to inquire regarding the date of publication of
the work .
to inquire regarding the term of a copyright is
shorter in any other country
to solve the disputes regarding the assignment
of copyright .
to provide the licences to the public in the
Indian works which were withheld from
publishing .
23. -
to provide licences for unpublished Indian
works.
to provide the compulsory licences to produce
and publish the translations .
to address the grievances of the aggrieved
party .
to rectify the errors made in registers
maintained by the copyright offfice or copyright
board .
24. Rights of a copyright holder?
right to reproduce .
right to communicate to public .
right to issue new copies of the work .
right to have a copyright for fixed terms.
right to assign
right to seek legal remedy in case of
infringement or right to sue .
right to grant licence.
25. Term of the copyright ?
in case of artistic ,dramatic and literary works
and musical works the term of copyright is -----
lifetime plus 60 years from the date of death .
in case of artistic ,dramatic and literary works
and musical works the term of copyright is -----
lifetime plus 60 years from the date of death .
in case of the works of public undertaking and
work of international organisation ------- the
term of copy right is 60 years from the date of
its publication.
26. Registration of the copy right ?
the registration of copy right is not compulsory
.
because the copyright in a material work
automatically comes into existence
immediately after the original work is produced
.
27. Registration of copyrights ?
1.register of copyrights:
its is the book maintained by the copyright
office which maintains the records of the:
a.The description of the works .
b.The names of the author,publishers or
owners of copyrights.
c.The address of the author,publishers, owners
of the copy rights .
d. other prescribed particulars .
28. Procedure for registration of
copyrights?
the person interested in copyrights makes an
application in a prescribed form to the
registrar.
on receiving the application the registrar
conducts the inquiry
and on satisfaction enters the description of
the works in the register of copyrights
the registrar subject to the conditions can
amend and alter the register of copyrights ,in
matters relating to the error in the names and
particulars ,any other omissions to be entered .
29. Procedure for registration of
copyrights?
on the application for rectification the copyright
board has power to rectify the register of
copyrights with regard certain omissions ,striking
of the wrong entries &correcting the errors &
defects .
any person can take the copy's of the register and
the index maintained by the copyrights office by
paying the prescribed fees .
the register maintained by the copyrights office is
admissible as an evidence in all courts as its acts
as an prima facie evidence of the particulars
entered in it.
30. Remedies for infringement ??
civil remedies - injunction and damages and
recover the possession of the infringed copies
.-district court
criminal remedies - punishments
a.imprisonment of not less than 6 months or
extended to 3 years . or fine shall be not less
than 50000 or may go up to 200000.- MM or
JM .
administrative remedies