What can be protected?

Copyright

Protects ONLY the form of expressions of Ideas

Does not protect unexpressed Ideas

Ideas Vs Expressions

All literary and artistic works are liable for protection.

Includes very original work of authorship

Key WordsOriginality : it should originate from the author – product of

independent creationFixation : – should be expressed in a material form

Categories of copyrighted works

FilmsLiterary Dramatic

Music

Artistic

Photographic

Berne convention

The expression “ Literary and artistic works” shall include every production in the literary, scientific and artistic domain; whatever maybe the mode or form of its expression

Can be : Artistic creations : Books, music, paintings , sculptures, Films. Technology based works : Computer programmes, Electronic

databases

Content on websites ‘Look and feel’ Product catalogs Artwork and text on

product literature

WHO OWNS THE COPYRIGHT IN A WORK ?

The Creator Exceptions:

Written agreement to the contraryMade for valuable considerationa freelance artist who created the copyrighted work;an employer who hires employees who create copyrighted

works as part of their job.

What is Not protected? Ideas, Concepts, Discoveries Titles, names, short phrases, slogans Improvised speech or dance : Works

not fixed in a tangible form Information commonly available and

containing no originality

Rights Protected Right to Tangible property : No

trespassing Copyright ( Intangible): Owner can

use the work as he wishes AND may prevent others from using it without his/her authorization

Kinds of Rights

• Economic rights

• Moral rights

Economic rights

Owner derives a financial reward from the use of his works by others

Economic Rights The owner can authorize/ Prevent a) Reproduction in various formsb) Distribution of copiesc) Public performanced) Broadcasting and other

communication to the publice) Translation to other languagesf) Adaptation : Novel to screenplay

Right to Reproduction

Most basic rightRight to authorize

distribution : Owner derives economic value

Right to authorize rental of copies

Right to Importation

Rights of Public performance, broadcasting , communication Public performance : Any performance of a work at a place

where the public is or can be present; or at a place not open to the public , but where a substantial number of persons outside the normal circle of family etc is present

Includes means of recordings

Broadcasting rightsCovers the transmission for public reception of sounds, or of

images and sounds, by wireless means , whether by radio , TV, or satellite

Can be replaced by equitable remuneration

Translation and adaptation rightsNeeds authorization from

owner of original work AND the owner of translation and adaptation

Translation : Expression of a work in a language other than the original version

Adaptation : Modification of a work to create another work

Moral Rights

Moral rights : Preserves the personal link between himself and his work

a) Right to claim authorship ( Right of paternity)a) Right to object to any

distortion/ Modification of the work which can be prejudicial to the author’s honor or reputation ( Right of integrity)

Moral Rights

Moral rights : Independent of Economic rightsRemains with the author even if economic rights are

transferredGiven only to Individual authors

Limitations on rights

Categories of works : Ex works not fixed in tangible form Particular acts of exploitation which can be carried out

without authorization:a) Free use : No obligation to compensate the ownerb) Non voluntary licenses

Free use

Quoting from a protected workIllustration for teaching purposesNews reportingSome laws allow for personal, private and non commercial

use

Fair use

Also called Fair dealing( Sec 52 of copyright act) Allows without authorization :a) Nature and purpose of use : Commercial nature or for

Non-profit use?b) Amount of work with respect to the whole work:

Quotes/ Images not covering substantial volumec) Likely effect of the use on potential commercial value.Cannot be authorized incase the copied work exceeds the

commercial work of the original

Examples of Fair use

Class studying an artist using samples to critique and analyze his/her work;

Making a collage for a school project;Manipulating an image to learn Photoshop or other software.

Duration

Begins at creationLife of author and 50 years after his/her death

ReferencesImportance of Copyright in textiles , apparel and Lifestyles :

Jyotsna BalakrishnanRelevance of Copyright and Related Rights for SMEs

Professor Prabuddha Ganguli Picture archive council of AmericaUnderstanding copyright and Related Rights : WIPO