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Understanding Copyright Law

Unit - II

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• A copyright is an exclusionary right. It conveys to its owner the right to prevent others from copying, selling, performing, displaying, or making derivative versions of a work of authorship.

Exclusive copyright rightsThe entire bundle of rights that a copyright owner is exclusively entitled to

exercise under the copyright laws. These rights consists of:

• the right to reproduce (copy) the work

• the right to prepare derivative works

• the right to distribute copies of the work

• the right to perform the work, and

• the right to display the work.

©opyright

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Introduction

In ancient days creative persons like artists, musicians and writers made, composed or wrote their works for fame and recognition rather than to earn a living, thus, the question of copyright never arose.

The importance of copyright was recognized only after the invention of printing press which enabled the reproduction of books in large quantity practicable.

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Evolution Copyright law in India• The first Indian Copyright Act was enacted in 1914

which was modeled on British Act of 1911.

Features of British copyright law– In the beginning, copyright was confined to books only

– Consequent on article 6 of Berne Convention authors rights such as his right to decide upon publication (to publish his work or not if so when), the right to be named as author (i.e, to remain anonymous or open), the right to object revision, the right to have his work withdrawn (such as after payment of compensation) and the right to object the destruction of his work, have come to be included as subjects coming within the scope of copyright.

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Evolution Copyright law in India

• In 1957, the Copyright Act was reenacted making provision for establishment of Copyright Office and a Copyright Board.

• Definition of Copyright was extended to cover– Radio Diffusion (broadcasting)

– Cinematograph film was given a separate copyright apart from its various components such as story, music etc.

• The 1957 Act extended the period of copyright to 50 years which has been extended to 60 in 1994

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The Act of 1957 was subsequently amended from time to time to include recent development in communication technology including Computer software.

In substance, Copyright Act of 1957 as subsequently amended in 1983, 1984,1994 and 1999 is a protective enactment to protect IP in copyright.

In order to prevent Infringement, deterrent punishments are provided.

Evolution Copyright law in India

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Copyrights in India 1994 Amendments

• The increase of the term of copyright from fifty years post mortem to sixty years;

• The extension of copyright to new types of works including computer programmes and performances;

• The redefinition of “communication to the public” so that a work is communicated “regardless of whether any member of the public actually sees, hears or otherwise enjoys the work”.

• An overhaul of the vocabulary employed in the Act, for instance – substituting ‘broadcast’ for ‘radio diffusion’, ‘work of architecture’ in the place of ‘architectural work’, ‘sound recording’ in the place of ‘record’

• Clarification of the ownership of copyrights over public speeches and works by public undertakings.

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Copyright is used to protect a wide range of subject matter, including:

• Literary works • Musical works • Dramatic works • Pantomimes and choreographic works • Architectural works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works (Cinematograph )• Sound recordings – recent hits in a single CD/DVD• Computer programs

Scope of copyright:Copyright can apply to any “Original work of authorship” that are fixed in “any tangible (physical) medium of expression”.

Protection automatically extends to any qualifying work, whether published or not, and created in India.

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Literary works: Expressed in words, numbers or other verbal or numerical symbols, Regardless of the nature of the material objects, such as books, periodicals, manuscripts, Phonorecords, cards, in which they are embodied.

Musical works: means “a work consisting of music and includes any graphical notation of such work, but does not include any works or any action, intended to be sung, spoken, or performed with the music”.There is no copyright in a song but the words in a song and the music have two separate rights and cannot be merged.

Dramatic works: include any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise, but does not include a cinematograph film.A dramatic work has to be a work which is capable of being physically performed and has to be in a material form capable of being performed by action.

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Artistic works: A painting, a sculpture, a drawing, an engraving or a photograph devoid of artistic quality, architectural work and other artistic craftsmanship get protected as artistic works.

Cinematograph: “Cinematograph film” means any work of visual recording or any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.

Sound Recordings: “Sound recording” means recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.

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What rights does the owner control?Rights to:• make copies of the work;

• distribute copies of the work;

• perform the work publicly (such as for plays, film, or music);

• display the work publicly (such as for artwork, or any material used on the internet or television); and

• make “derivative works” (including making modifications, adaptations or other new uses of a work, or translating the work to another media).

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Limitations

• The "Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes.

i.e., The copyright law provides that reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright.

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ExceptionsCopyright does not apply to: • ideas, facts, concepts, or discoveries; • titles, names, short phrases, and slogans; • works that are not fixed in a tangible form of

expression such as improvised speech or dance; • works consisting entirely of information that is

commonly available and contains no originality;

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SLOGAN

Not protected under the Copyright Act

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For example, advertisement by the Police Department for

recruitment with the slogan

“YOUR COUNTRY NEEDS YOU”

OR

“BHARATH MATA KI SEVA MEIN”

Slogan not protected

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IDEASIDEASNot

protected

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JUSTIFICATION FOR COYRIGHT LAW

• The natural law justification:

The author who has enriched the society through his creation has a fundamental right over his creation and hence should commensurate (proportionate) with the value of his contributions.

• This is in accordance with John Lock’s theory of copyright law which confers an exclusive property right in an author’s work, indicates the natural right of individuals to control their works and to be justly compensated for their contributions to society.

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Term of Copyright:

• Life of author plus 60 years (in US - 70 years).

• Copyright registration is not mandatory.

• Copyright notification should appear.

• Where there are 2 or more authors then the protection is for sixty years from the date of death of last author.

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How to transfer rights

• In writing and signed by the party transferring the rights

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What is infringement?

• use of whole or part of an image without permission;• use beyond the scope of a license;• adapting an image without permission

(art rendering, collage);• asking another photographer to recreate the image.

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Unauthorized use

This image was created by a computer graphics artist who “borrowed” images from several sources.

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Original art

These are the two images that were infringed upon to create the Newsday cover.

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Change of medium is still an infringement

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How to avoid infringement

• Obtain a license for all the uses that will be needed;• Obtain a license to create a derivative image;• Obtain an art rendering or art reference license to

change the medium.

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Popular Copyright Myths

• if it’s on the internet it is in the public domain and therefore free;

• if there is no copyright notice, I can use the image;• if I alter the image I don’t need permission;• if I don’t profit from it, I can use it;• if I only use a part of the image I don’t need

permission.

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“Respect Copyright,

Be Creative &

Celebrate Creativity”