UNIT III Introduction to Copyrights Principles of Copyright Principles -The subjects Matter of Copy right The Rights Afforded

ded by Copyright Law Copy right Ownership, Transfer and duration Right to prepare Derivative works Rights of Distribution Rights of Perform the work Publicity Copyright Formalities and Registrations - Limitions - Copyright disputes and International Copyright Law Semiconductor Chip Protection Act What is copyright? Copyright is the right to copy. Copyright only exists in theconcrete expression of an idea, not in the idea itself. It isautomatic; you do not have to register it. The symbol isnot necessary, although it does tell the reader who ownsthe copyright, and when the period of copyright began.The protection given by the law to the owner of thecopyright, in recognition of the time and effort taken tocreate the work, ensures a fair balance between theneeds of the copyright user and the rights of thecopyright owner. People need to be able to copy materialproduced by others, but if there were no limits in place,the owners of the copyright material would not beremunerated for their work, and there would be noincentive to create further work. Different types of copyright Literary works Copyright in literary works covers anything which is inwritten form, either print or electronic, and so includesarticles, books, websites and unpublished documents.There is no implication of literary merit the idea simplyhas to be expressed in words. Copyright lasts for 70years from the death of the author. Artistic works Copyright in artistic works covers photographs, diagramsand charts. There is no implication of artistic merit - itsimply means ideas which are represented graphically.Copyright lasts for 70 years from the death of the visual creator. Typographical arrangement Copyright in the typographical arrangement refers only tothe layout of the words on the page, and not to the wordsthemselves. There could be instances where the wordsthemselves are out of copyright (for example, one ofShakespeare's plays), but the typographical arrangementis still within copyright. Copyright lasts for 25 years afterthe publication of the item. Database right Database right refers to copyright in databases, whichactually includes any arrangement of facts or figures,both print or electronic. In practice, however, it really onlyapplies to electronic databases, as a printed source,such as a directory, has virtually no value when it is nolonger current. Database right
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lasts for 15 years from any'substantial' revision of the database, which for a sourcesuch as our journal databases, is an ongoing process,and as such, copyright in databases can be consideredto be infinite. Who owns the copyright? The copyright is 'owned' initially by the copyright owner,which is often the author, but ownership often passes tosomeone other than the author, for example as part ofthe author's contract with the publisher when the work ispublished. If this happens, the original author has nomore right to make copies than anyone else, although inpractice the publisher will usually give the authordispensation to make reasonable use of the work.

The copyright of works produced during the normalduties of employment usually belongs to the employer,rather than the individual author, unless specialprovisions for the author to keep his or her own copyrighthave been agreed in the contract of employment. This isnot always the case, but if you are the author of a book orarticle, you need to be sure that you do actually own thecopyright before making copies. The history of copyright law starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs. Today national copyright laws have been standardized to some extent through international and regional agreements such as the Berne Convention and the European copyright directives. Although there are consistencies among nations' copyright laws, each jurisdiction has separate and distinct laws and regulations about copyright. Some jurisdictions also recognize moral rights of creators, such as the right to be credited for the work. Copyright are exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression or fixation. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses which are covered under limitations and exceptions to copyright, such as fair use, do not require permission from the copyright owner. All other uses require permission and copyright owners can license or permanently transfer or assign their exclusive rights to others.

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Principles of copyright Copyright is a legal convention which recognizes the paternity of a work to its author's natural person. It is based on two types of fundamental, inalienable, perpetual, imprescriptible and complementary rights: moral rights and patrimonial rights. Moral rights The author may at any time, claim paternity of a play and quash any change, mutilation or alteration which it might undergo and which might undermine his/her honour or reputation. The author alone may authorize changes to his/her work. He/she also may, by virtue of withdrawal right and the right to repent, withdraw a play from circulation. Thus the user will respect the text and the viewer will be protected from any adulteration of the text. Anyone responsible for alteration,abridgment, mutilation or change of work may be prosecuted. (copyright violation). Upon the death of the author, moral rights may be transferred to the heirs. Patrimonial rights a.Exclusive proprietory rights A play belongs to its author. Whoever wishes to use it must obtain his/her consent. If the author consents, the user is granted a user's right or licence. The author has sole right to produce, reproduce, perform, transform, adapt or publish, in full or in part a recognized original work or to authorize such activities.In other words, the author alone, or his/her representative (agent, heir, copyright agency) may authorize, against remuneration, or prohibit performance of the play. b.Remuneration right The author allows the use of his/her work on the condition that he/she receive a remuneration in the form of either a flat fee or a percentage of the receipts. Any stage performance of a play or an excerpt, whatever the circumstances, must be authorized in advance by the author and is subject to fees. This applies whether the user is a student, a teacher, a school (private or public) amateur, professional, whether performance occurs in a theatre, on a tour, as part of a festival or a benefit, or for an audience of children, whether admission is charged or not. Works Protected by Copyright For the purposes of copyright protection, the term literary and artistic works is understood to include every original work of authorship, irrespective of its literary or artistic merit. The ideas in the work do
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not need to be original, but the form of expression must be an original creation of the author. The Berne Convention for the Protection of Literary and Artistic Works (Article 2) states: The expression literary and artistic works shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression. The Convention goes on to list the following examples of such works:

books, pamphlets and other writings; lectures, addresses, sermons; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works, to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science; translations, adaptations, arrangements of music and other alterations of a literary or artistic work, which are to be protected as original works without prejudice to the copyright in the original work.. collections of literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations, are to be protected as such, without prejudice to the copyright in each of the works forming part of such collections.

Member countries of the Berne Union, and many other countries, provide protection under their copyright laws for the above categories of works. The list, however, is not intended to be exhaustive. Copyright laws also protect other modes or forms of expression of works in the literary, scientific and artistic domain, which are not included in the list. SUBJECT MATTER OF COPY RIGHT LAW a. ELIGIBILITY FOR PROTECTION The subject matter eligible for protection under the Copyright Act is set forth in Section 102(a):

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Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. From this provision, the courts have derived three basic requirements for copyright protection -originality, creativity and fixation. The requirements of originality and creativity are derived from the statutory qualification that copyright protection extends only to "original works of authorship."To be original, a work merely must be one of independent creation -- i.e., not copied from another. There is no requirement that the work be novel (as in patent law), unique or ingenious. To be creative, there must only be a modicum of creativity. The level required is exceedingly low; "even a slight amount will suffice." The final requirement for copyright protection is fixation in a tangible medium of expression. Protection attaches automatically to an eligible work of authorship the moment the work is sufficiently fixed.5 A work is fixed "when its embodiment in a copy or phonorecord . . . is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration."6 Congress provided considerable room for technological advances in the area of fixation by noting that the method of fixation in copies or phonorecords may be "now known or later developed." The Copyright Act divides the possible media for fixation into "copies" and "phonorecords": "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

"Phonorecords" are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. According to the House Report accompanying the Copyright Act of 1976, Congress intended the terms "copies" and "phonorecords" to "comprise all of the material objects in which copyrightable works are capable of being fixed." The form of the fixation and the manner, method or medium used are virtually unlimited. A work may be fixed in "words, numbers, notes, sounds, pictures, or any other graphic or symbolic indicia"; may be embodied in a physical object in "written, printed, photographic, sculptural, punched, magnetic, or any other stable form"; and may be capable of perception either "directly or by means of any machine or device 'now known or later developed.'"

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In digital form, a work is generally recorded (fixed) as a sequence of binary digits (zeros and ones) using media specific encoding. This fits within the House Report's list of permissible manners of fixation.12 Virtually all works also will be fixed in acceptable material objects -- i.e., copies or phonorecords. For instance, floppy disks, compact discs (CDs), CD-ROMs, optical disks, compact discs-interactive (CD-Is), digital tape, and other digital storage devices are all stable forms in which works may be fixed and from which works may be perceived, reproduced or communicated by means of a machine or device. The question of whether interactive works are fixed (given the user's ability to constantly alter the sequence of the "action") has been resolved by the courts in the context of video games and should not present a new issue in the context of the NII. Such works are generally considered sufficiently fixed to qualify for protection. The sufficiency of the fixation of works transmitted via the NII, however, where no copy or phonorecord has been made prior to the transmission, may not be so clear. A transmission, in and of itself, is not a fixation. While a transmission may result in a fixation, a work is not fixed by virtue of the transmission alone. Therefore, "live" transmissions via the NII will not meet the fixation requirement, and will be unprotected by the Copyright Act, unless the work is being fixed at the same time as it is being transmitted. The Copyright Act provides that a work "consisting of sounds, images, or both, that are being transmitted" meets the fixation requirement "if a fixation of the work is being made simultaneously with its transmission."16 To obtain protection for a work under this "simultaneous fixation" provision, the simultaneous fixation of the transmitted work must itself qualify as a sufficient fixation. A simultaneous fixation (or any other fixation) meets the requirements if its embodiment in a copy or phonorecord is "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration."Works are not sufficiently fixed if they are "purely evanescent or transient" in nature, "such as those projected briefly on a screen, shown electronically on a television or cathode ray tube, or captured momentarily in the 'memory' of a computer." Electronic network transmissions from one computer to another, such as e-mail, may only reside on each computer in RAM (random access memory), but that has been found to be sufficient fixation. b. PUBLISHED AND UNPUBLISHED WORKS Historically, the concept of publication has been a major underpinning of copyright law. Under the dual system of protection which existed until the 1976 Copyright Act took effect, unpublished works were generally protected under state law. Published works, on the other hand, were protected under Federal copyright law.On the effective date of the 1976 Act, Federal copyright protection became available for unpublished as well as published works. The concept of publcation thus lost its "allembracing importance" as the threshold to Federal statutory protection. However, while the importance of publication has been reduced through amendment to the law (e.g., granting Federal protection to unpublished works and removing the notice requirement for published works), the status of a work as either published or unpublished still has significance under the Copyright Act. For example:
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only works that are published in the United States are subject to mandatory deposit in the Library of Congress; deposit requirements for registration with the Copyright Office differ depending on whether a work is published or unpublished; the scope of the fair use defense may be narrower for unpublished works; unpublished works are eligible for protection without regard to the nationality or domicile of the author; published works must bear a copyright notice if published before March 1, 1989; and certain limitations on the exclusive rights of a copyright owner are applicable only to published works. The Copyright Act provides a definition of "publication" to draw the line between published and unpublished works: "Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. The definition uses the language of Section 106 describing the exclusive right of distribution, and was intended to make clear that "any form of dissemination in which a material object does not change hands -- performances or displays on television, for example -- is not a publication no matter how many people are exposed to the work." It also makes clear that the distribution must be "to the public." In general, the definition continues principles that had evolved through case law under previous copyright laws, including the doctrine of limited publication. The doctrine was developed by courts to save works from losing copyright protection when copies of the work were only distributed to a restricted number of people and for a restricted purpose without a copyright notice. Those works would not be considered distributed to the public (i.e., published) and, therefore, not subject to the notice requirement. Although the notice requirement has been eliminated, and thus the most critical justification for the doctrine, the few cases dealing with publication since 1989 suggest that courts will continue to apply the doctrine of limited publication. c. WORKS NOT PROTECTED Certain works and subject matter are expressly excluded from protection under the Copyright Act, regardless of their originality, creativity and fixation. Titles, names, short phrases, and slogans generally do not enjoy copyright protection under the Copyright Act. Other material ineligible for copyright protection includes the utilitarian elements of industrial designs;[ familiar symbols or designs; simple geometrical shapes; mere variations of typographic ornamentation, lettering or
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coloring; and common works considered public property, such as standard calendars, height and weight charts, and tape measures and rulers. Copyright protection also does not extend to any "idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied" in such work even if it meets the criteria for protection. Thus, although a magazine article on how to tune a car engine is protected by copyright, that protection extends only to the expression of the ideas, facts and procedures in the article, not the ideas, facts and procedures themselves, no matter how creative or original they may be. Anyone may "use" the ideas, facts and procedures in the article to tune an engine -- or to write another article on the same subject. What may not be taken is the expression used by the original author to describe or explain those ideas, facts and procedures. Copyright does not prevent subsequent users from copying from a prior author's work those constituent elements that are not original -- for example . . . facts or materials in the public domain -- as long as such use does not unfairly appropriate the author's original contributions.[ This idea/expression dichotomy "assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work." Although it "may seem unfair that much of the fruit of the [author's] labor may be used by others without compensation," it is "a constitutional requirement" -- the "means by which copyright advances the progress of science and art." As a matter of law, copyright protection generally is not extended under the Copyright Act to works of the U.S. Government. Therefore, nearly all works of the U.S. Government -- including this Report -may be reproduced, distributed, adapted, publicly performed and publicly displayed without infringement liability in the United States under its copyright laws. While the Copyright Act leaves most works created by the U.S. Government unprotected under U.S. copyright laws, Congress did not intend for the section to have any effect on the protection of U.S. government works abroad. d. CATEGORIES OF PROTECTIBLE WORKS:The Copyright Act enumerates eight broad categories of protectible subject matter: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
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LITERARY WORKS Although many categories of works will be available via the NII, the majority of works currently available on computer networks such as the Internet are literary works. "Literary works" are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, films, tapes, disks, or cards, in which they are embodied. Literary works include computer programs,articles, novels, directories, computer databases, essays, catalogs, poetry, dictionaries, encyclopedias, and other reference materials. MUSICAL WORKS A musical work consists of the musical notes and lyrics (if any) in a musical composition. A musical work may be fixed in any form, such as a piece of sheet music or a compact disc. Musical works may be "dramatic," i.e., written as a part of a musical or other dramatic work, or "nondramatic," i.e., an individual, free-standing composition. DRAMATIC WORKS Generally, a dramatic work is one in which a series of events is presented to the audience by characters through dialogue and action as the events happen, such as in a play. PANTOMIMES AND CHOREOGRAPHIC WORKS This category was first added to the list of protectible subject matter in 1976. While pantomimes and choreographic works, such as dances, can be fixed in a series of drawings or notations, they are usually fixed on film or videotape. PICTORIAL, GRAPHIC AND SCULPTURAL WORKS A significant number of works traveling through the NII will be pictorial and graphic works. Works in this category include: [T]wo-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans.[ A work of art which is incorporated into the design of a useful article, but which can stand by itself as art work separate from the useful article, is copyrightable, but the design of the useful article is not.

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MOTION PICTURES AND OTHER AUDIOVISUAL WORKS The Copyright Act provides definitions of "audiovisual works" and the subcategory "motion pictures": "Audiovisual works" are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. "Motion pictures" are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. The House Report notes that the key to the subcategory "motion pictures" is the conveyance of the impression of motion, and that such an impression is not required to qualify as an audiovisual work. SOUND RECORDINGS A "sound recording" is the work that results from the fixation of sounds, including those that are musical or spoken. When those sounds are included in an audiovisual work, such as a music video, they are considered part of the audiovisual work rather than a sound recording. ARCHITECTURAL WORKS An "architectural work" is "the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings." It includes the overall form as well as the "arrangement and composition of spaces and elements" in the design of the building. COMPILATIONS AND DERIVATIVE WORKS A compilation is "a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship."Directories, databases, magazines and anthologies are types of compilations. A derivative work is a work "based upon" one or more preexisting works. A derivative work is created when one or more preexisting works is "recast, transformed, or adapted" into a new work, such as when a novel is used as the basis of a movie or when a drawing is transformed into a sculpture. Translations, musical arrangements and abridgments are types of derivative works. The Copyright Act makes clear that the subject matter of copyright specified in Section 102 (literary works, musical works, sound recordings, etc.) includes compilations and derivative works. The copyright in a derivative work or compilation, however, extends only to the contribution of the author of the derivative work or compilation (the compiler), and does not affect the copyright protection granted to the preexisting material.Protection for an individual musical work, for instance, is not reduced, enlarged, shortened or extended if the work is included in a collection, such as a medley of songs.
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Moreover, copyright in a compilation or derivative work does not imply any exclusive right in the preexisting material employed in the compilation or derivative work. The copyright in a compilation, for example, is limited to the original selection or arrangement of the facts or other elements compiled; protection for the compilation in no way extends to the facts or elements. Copyright protection is not granted simply for the hard work that may be involved in compiling facts. The Supreme Court struck down the doctrine that had protected such efforts, known as the "sweat of the brow" or "industrial collection" theory. "MULTIMEDIA" WORKS Increasingly, works from different categories are fixed in a single tangible medium of expression.[ This will certainly be true as development of the NII progresses and the ability to create and disseminate interactive "multimedia" or "mixed media" products increases. A prefatory note may be warranted because of the manner in which these terms are used in the context of copyright law. The terms "multimedia" and "mixed media" are, in fact, misnomers. In these works, it is the types or categories of works that are "multiple" or "mixed" -- not the types of media. The very premise of a so-called "multimedia" work is that it combines several different elements or types of works (e.g., text (literary works), sound (sound recordings), still images (pictorial works), and moving images (audiovisual works)) into asingle medium (e.g., a CD-ROM) -- not multiple media. However, in recognition of the prevalent use of the term, this Report refers to this type of work as a "multimedia" work. Multimedia works are not categorized separately under the Copyright Act; nor are they explicitly included in any of the eight enumerated categories. While most current multimedia works would be considered compilations, that classification does not resolve the issue of subject matter categorization. Despite the fact that the Copyright Act enumerates eight categories of works, works that do not fit into any of the categories may, nevertheless, be protected. The list of protectible works in Section 102 is intended to be illustrative rather than inclusive.The House Report explains that the categories of works "do not necessarily exhaust the scope of 'original works of authorship' that the [Copyright Act] is intended to protect."However, absent the addition of a new category, a work that does not fit into one of the enumerated categories is, in a sense, in a copyright no-man's land. Under the current law, the categorization of a work holds a great deal of significance under the Copyright Act. For instance, two of the exclusive rights granted in Section 106 apply only to certain categories of works.In addition, many of the limitations on rights in Sections 108 through 120 are not applicable to all types of works. Therefore, categorization of multimedia and other new types of works is an important issue. Generally, multimedia works include two or more of the following preexisting elements: text (literary works), computer programs (literary works), music (musical works and sound recordings), still images (pictorial and graphic works) and moving images (audiovisual works). The definition of "literary works" begins with the phrase "works, other than audiovisual works . . . ." Therefore, a reasonable interpretation may be that text and computer programs that would otherwise be categorized as literary works may be considered part of an audiovisual work if included in a work of that type. Such is also
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the case with sound recordings. A music video is not categorized as both a sound recording and an audiovisual work; it is categorized as an audiovisual work. Audiovisual works also include still images -- at least related ones. Therefore, in many instances, a multimedia work may be considered -- as a whole -- an audiovisual work. The legislative history makes clear that a work in one category may contain works in other categories. The somewhat strained analysis needed to find a category for multimedia works and the increasing "cross-breeding" of types of works demonstrate that categorization may no longer be useful or necessary. While the Working Group does not recommend at this time the consolidation or elimination of categories (and harmonization of the differing application of rights and limitations on those rights), it is likely that such consolidation or elimination will be appropriate in the future.

THE RIGHTS AFFORDED BY COPYRIGHT LAW Owners of copyright are granted a bundle of exclusive rights: rights to reproduce the work rights to prepare adaptations or derivative works based on the original work rights to distribute the work rights to perform the work rights to display the work Exercise of any of these rights without permission of the copyright owner will constitute infringement of copyright, even if there is no intent to infringe and the use is innocent. There are, however, certain exceptions to the exclusive rights granted to copyright owners, such as rights to use certain copyrighted works in certain instructional and educational activities, during religious worship services, for noncommercial fundraising, for the handicapped, and for transmission of works in small commercial establishments. Moreover, according to the first sale doctrine, once a copyrighted work (excluding sound recordings and certain computer programs) has been lawfully distributed by the owner, the new purchaser is free to further distribute the work by sale or lending.A copyright owners rights in sound recordings are significantly more limited than rights granted to authors of other works. Finally, authors of fine arts such as paintings and sculptures are granted moral rights in those works, allowing them to be identified as the author of the work and prohibiting destruction or alteration of the work, even after the creator has sold it

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Duration of Copyright Copyright does not continue indefinitely. The law provides for a period of time during which the rights of the copyright owner exist. The period or duration of copyright begins from the moment when the work has been created, or, under some national laws, when it has been expressed in a tangible form. It continues, in general, until some time after the death of the author. The purpose of this provision in the law is to enable the authors successors to benefit economically from exploitation of the work after the authors death. In countries party to the Berne Convention, and in many other countries, the duration of copyright provided for by national law is as a general rule the life of the author plus not less than 50 years after his death. The Berne Convention also establishes periods of protection for works such as anonymous, posthumous and cinematographic works, where it is not possible to base duration on the life of an individual author. There is a trend in a number of countries toward lengthening the duration of copyright. The European Union, the United States of America and several others have extended the term of copyright to 70 years after the death of the author. Ownership, Exercise and Transfer of Copyright The owner of copyright in a work is generally, at least in the first instance, the person who created the work, i.e. the author of the work. But this is not always the case. The Berne Convention (Article 14bis) contains rules for determining initial ownership of rights in cinematographic works. Certain national laws also provide that, when a work is created by an author who is employed for the purpose of creating that work, then the employer, not the author, is the owner of the copyright in the work. As noted above, however, moral rights always belong to the individual author of the work, whoever the owner of economic rights may be. The laws of many countries provide that the initial rights owner in a work may transfer all economic rights to a third party. (Moral rights, being personal to the author, can never be transferred). Authors may sell the rights to their works to individuals or companies best able to market the works, in return for payment. These payments are often made dependent on the actual use of the work, and are then referred to asroyalties. Transfers of copyright may take one of two forms: assignments and licenses. Under an assignment, the rights owner transfers the right to authorize or prohibit certain acts covered by one, several, or all rights under copyright. An assignment is a transfer of a property right. So if all rights are assigned, the person to whom the rights were assigned becomes the new owner of copyright. In some countries, an assignment of copyright is not legally possible, and only licensing is allowed. Licensing means that the owner of the copyright retains ownership but authorizes a third party to carry out certain acts covered by his economic rights, generally for a specific period of time and for a specific purpose. For example, the author of a novel may grant a license to a publisher to make and distribute copies of his work. At the same time, he may grant a license to a film producer to make a film based on the novel. Licenses may be exclusive, where the copyright owner agrees not to authorize any other party to carry out the licensed acts; or non-exclusive, which means that the copyright owner may authorize others to carry out the same acts. A license, unlike an assignment, does not generally convey the right to authorize others to carry out acts covered by economic rights.
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Licensing may also take the form of collective administration of rights. Under collective administration, authors and other rights owners grant exclusive licenses to a single entity, which acts on their behalf to grant authorizations, to collect and distribute remuneration, to prevent and detect infringement of rights, and to seek remedies for infringement. An advantage for authors in collective administration lies in the fact that, with multiple possibilities for unauthorized use of works resulting from new technologies, a single body can ensure that mass uses take place on the basis of authorizations which are easily obtainable from a central source. A rights owner may also abandon the exercise of the rights, wholly or partially. The owner may, for example, post copyright protected material on the Internet and leave it free for anybody to use, or may restrict the abandonment to noncommercial use. Some very impressive cooperation projects have been organized on a model where contributors abandon certain rights as described in the licensing terms adopted for the project, such as the General Public License (GPL). They thereby leave their contributions free for others to use and to adapt, but with the condition that the subsequent users also adhere to the terms of the license. Such projects, including the open source movement, which specializes in creating computer programs, also build their business models on the existence of copyright protection, because otherwise they could not impose an obligation on subsequent users.

What is the right to prepare derivative works? The copyright owner holds the exclusive right to make derivative works (adaptations) based on his own protected work. For example, the author of a book holds the exclusive right to make a movie based on that book. As such, if you make a derivative work without having the permission of the owner of the copyright for the underlying work, you are committing copyright infringement. With regard to sound recordings, a work is only a derivative work if it uses the actual sound recorded on that sound recording (although it may be a derivative work of the underlying musical work regardless of this fact).

Copyright in India: Law & Procedure

Section 9 of the Copyright Act requires for establishment of an office to be called the Copyright Office for the purpose of the Act. The Copyright Office is to be under the immediate control of a Registrar of Copyrights to be appointed by the Central Government, who would act under the superintendence and directions of the Central Government. The Copyright Office is currently located at the following address: 4th Floor, Jeevan Deep Building Parliament Street New Delhi - 110001 Telephone No. : +91-11-23362436

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The Copyright Act, 1957(14 of 1957) governs the laws & applicable rules related to the subject of copyrights in India. Copyright Law in the country was governed by the Copyright Act of 1914, was essentially the extension of the British Copyright Act, 1911 to India,and borrowed extensively from the new Copyright Act of the United Kingdom of 1956. All copyright related laws are governed by theCopyright Act, 1957.[1] The Copyright Act today is compliant with most international conventions and treaties in the field of copyrights. India is a member of theBerne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995. Though India is not a member of the Rome Convention of 1961, WIPO Copyrights Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT),the Copyright Act is compliant with it.[2]

Legislation The Indian law of copyrigts is enshrined in the Copyright Act, 1957. The Act seeks to provide for the registration of copyrights in India. The object of copyright law is to encourage authors, artists and composers to create original works by rewarding them with exclusive right for a fixed period to reproduce the works for commercial exploitation.

What is Copyright 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. Copyright is the legal protection given to the creator of an original literary or artistic work. It is the exclusive right granted by the law to creator of such original work, to do, authorize, or prohibit certain acts in relation to such work, thereby protecting and rewarding creativity. Copyrights subsist in following class of works: a) Original literary, musical, dramatic and artistic works. b) Cinematograph films c) Sound recordings
Intellectual Prporiety Rights and Patents

The rights vary according to the class of work. Copyright also subsists in translations, abridgements or compilations of such works, provided the permission of the Copyright holder is obtained. Computer programmes are considered as literary works and are protected under the Copyright Act. There is no copyright in an idea. Rights conferred by registration In general, registration is voluntary. Copyright exists from the moment the work is created. Under Indian law, registration is not required either for acquiring copyright or for enforcing it in an infringement action. However, registration has evidentiary value in a court of law with reference to dispute relating to ownership of copyright.

Author of copyright Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright, unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the provider of the work is considered to be the author Filing and Prosecuting Copyright Applications An application for copyright on Form-IV accompanied by four copies of the work is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) along with the prescribed fee at Copyright Office of the Department of Education, New Delhi. The Copyright Office initially provides a filing number and filing date and issues a filing receipt. Thereafter the application is formally examined by the Office. Defects will be communicated to the applicant. Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate. Duration of registration The duration granted for works of copyright varies depending on the type of work. Literary or musical works or artistic works, other than photographs, have a life span, which extends for the life of the author and 60 years from the end of the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the life of the author, the copyright

Intellectual Prporiety Rights and Patents

protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work. Cinematograph films, photographs and computer programs are protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published. In the case of anonymous or pseudonymous works, the copyright is for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or from the end of the year in which it is reasonable to presume that the author died, which ever term is shorter. Use of the "" symbol Anyone who claims copyrights in a work can use copyright notice to alert the public of the claim. It is not necessary to have a registration to use the designations though it is highly advisable to incorporate a copyright notice like the symbol, etter "c" in a circle or the word "Copyright" followed by name of copyright owner and year of first publication. For example, ipfirmsdirectory 1999. Remedies For Infringement It is the sole responsibility of the owner to see that his copyright is not being infringed upon by someone else. It is the owner's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are i. Injunctons whether interim or final. ii. Damages. Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

Intellectual Prporiety Rights and Patents

International copyright protection India is a member of both Berne and Universal Conventions and Indian law extends protection to all copyrighted works originating from any of the convention countries. Foreign works first published in a country which is a member of either of the Conventions would be accorded the same copyright protection in India as Indian works without undergoing any formalities, on the assumption that the home country accords reciprocity to Indian works.

Copyright 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. Indian work "Indian work" means a literary, dramatic or musical work,

The author of which is a citizen of India; or Which is first published in India; or The author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.

Descriptions of work

Artistic work - An artistic work means A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; A work of architecture; and Any other work of artistic craftsmanship. Musical work

"Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection. Sound recording

Intellectual Prporiety Rights and Patents

"Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.

Cinematograph film "Cinematograph film" means any work of visual recording on 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.

Government work - "Government work" means a work which is made or published by or under the direction or control of

The government or any department of the government Any legislature in India, and Any court, tribunal or other judicial authority in India.

An author

In the case of a literary or dramatic work the author, i.e., the person who creates the work In the case of a musical work, the composer. In the case of a cinematograph film, the producer. In the case of a sound recording, the producer. In the case of a photograph, the photographer. In the case of a computer generated work, the person who causes the work to be created.

Duration of copyright

Literary dramatic, musical and artistic works (other than a photograph) Anonymous pseudonymous works Posthumous work Photographs Cinematograph films and sixty years from the beginning of the calendar year next following the year in which the work is first published. sixty years from the beginning of the calendar year next following the year in which the author dies.

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Sound records Government work Public undertakings work International work organisations

Assignment of copyright The author of a work is the first owner of the copyright( Section 17).However, for works made in the course of an author's employment under a contract of service, the employer is the first owner of the copyright. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. (Section 18) Section 19 lays down the modes of assignmentassignment can only be in writing and must specify the work, the period of assignment and the territory. Section 19(5) provides that if period of assignment is not specified it shall be deemed to be 5 years and section 19(6) provides that if the territorial extent of assignment is not specified it shall be presumed to extend within India. In a recent judgement, a division bench of the Delhi High Court in Pine Labs Private Limited vs Gemalto Terminals India Limited the Court has held that in case the duration of assignment is not specified, the duration shall be deemed to be five years and after five years the copyright shall revert to the author. In this case, Pine Labs had written some software for Gemalto under a Master Service Agreement(MSA).Though in the MSA Pine Labs had assigned the copyright in the works to Gemalto, the period of assignment was not specified.The Court held that though Gemalto may have paid for the software, Pine Labs, being the author was the first owner of the copyright and after five years, the copyright reverted to Pine Labs. It made no difference whetehr the MSA was treated as an assignment or an agreement to assign. Full text of the judgement can be viewed at Pine Labs Vs Gemalto and others Rights of Broadcasting Organisation and of Performers

Broadcast reproduction right

The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.

Intellectual Prporiety Rights and Patents

Performers right

The performer's right shall subsist until fifty years from the beginning of the calendar year next following the year in which the performance is made. Fair dealing A fair dealing with a literary, dramatic, musical or artistic work (not being a computer programme) for the purposes of 1. for the purpose of research or private study, 2. for criticism or review, 3. for reporting current events, 4. in connection with judicial proceeding, 5. performance by an amateur club or society if the performance is given to a non-paying audience, and . 6. the making of sound recordings of literary, dramatic or musical works under certain conditions [ Government works Although Government works are copyrighted, the reproduction or publication of following works not copy protected.

Act of a Legislature. Report of a committee, commission, council, board or other like body appointed by the Government. Judgement or order of a court, tribunal or other judicial authority

Criminal liability Copyright infringement is punishable under 63 of the Copyright Act: Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of(a) the copyright in a work, or (b) any other right conferred by this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:

Intellectual Prporiety Rights and Patents

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Explanation.- Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.

Semiconductor Chip Protection Act of 1984

The Semiconductor Chip Protection Act of 1984 (or SCPA) is an act of the US Congress that makes the layouts of integrated circuits legally protected upon registration, and hence illegal to copy without permission. Background Prior to 1984, it was not necessarily illegal to produce a competing chip with an identical layout. As the legislative history for the SCPA explained, patent and copyright protection for chip layouts, or chip topographies, was largely unavailable.[1] This led to considerable complaint by U.S. chip manufacturers--notably, Intel, which, along with the Semiconductor Industry Association (SIA), took the lead in seeking remedial legislation--against what they termed "chip piracy." During the hearings that led to enactment of the SCPA, chip industry representatives asserted that a pirate could for $10,000 copy a chip design that had cost its original manufacturer upwards from $100,000 to design. Enactment of U.S. and other national legislation In 1984 the United States enacted the Semiconductor Chip Protection Act of 1984 (the SCPA) to protect the topography of semiconductor chips. The SCPA is found in title 17, U.S. Code, sections 901-914 (17 U.S.C. 901-914). Japan[2] and European Community (EC) countries soon followed suit[3] and enacted their own, similar laws protecting the topography of semiconductor chips.[4] Chip topographies are also protected by TRIPS, an international treaty.[5] How the SCPA operates [A sui generis law Although the U.S. SCPA is codified in title 17 (copyrights), the SCPA is not a copyright or patent law. Rather, it is a sui generis law resembling a utility model law or Gebrauchsmuster. It has some aspects of copyright law, some aspects of patent law, and in some ways it is completely different from either. From Brooktree, 23: The Semiconductor Chip Protection Act of 1984 was an innovative solution to this new problem of technology-based industry. While some copyright principles underlie the law, as do some attributes of patent law, the Act was uniquely adapted to semiconductor mask works, in order to achieve
Intellectual Prporiety Rights and Patents

appropriate protection for original designs while meeting the competitive needs of the industry and serving the public interest." In general, the chip topography laws of other nations are also sui generis laws. Nevertheless, copyright and patent case law illuminate many aspects of the SCPA and its interpretation. Acquisition of protection by registration Chip protection is acquired under the SCPA by filing with the U.S. Copyright Office an application for "mask work" registration under the SCPA, together with a filing fee. The application must be accompanied by identifying material, such as pictorial representations of the IC layers--so that, in the event of infringement litigation, it can be determined what the registration covers. Protection continues for ten years from the date of registration. Mask works The SCPA repeatedly refers to "mask works." This term is a relic of the original form of the bill that became the SCPA and was passed in the Senate as an amendment to the Copyright Act. The term mask work is parallel to and consistent with the terminology of the 1976 Copyright Act, which introduced the concept of "literary works," "pictorial works," "audiovisual works," and the like--and which protected physical embodiments of such works, such as books, paintings, video game cassettes, and the like against unauthorized copying and distribution. This terminology became unnecessary when the House of Representatives insisted on the substitution of a sui generis bill, but the SCPA as enacted nonetheless continued its use. The term "mask work" is not limited to actual masks used in chip manufacture, but is defined broadly in the SCPA to include the topographic creation embodied in the masks and chips. Moreover, the SCPA protects any physical embodiment of a mask work.[6] Enforcement The owner of mask work rights may pursue an alleged infringer ("chip pirate") by bringing an action for mask work infringement in federal district court. The remedies available correspond generally to those of copyright law and patent law. Functionality unprotected The SCPA does not protect functional aspects of chip designs. That is reserved to patent law. Although EPROM and other memory chips topographies are protectable under the SCPA, such protection does not extend to the information stored in chips, such as computer programs. Such information is protected, if at all, only by copyright law. Reverse engineering not prohibited The SCPA permits competitive emulation of a chip by means of reverse engineering. The ordinary test for illegal copying (mask work infringement) is the "substantial similarity" test of copyright law,[7] but when the defense of reverse engineering is involved and supported by probative evidence (usually, the so-called paper trail of design and development work), the similarity must be greater.[8] Then, the accused chip topography must be substantially identical (truly copied by rote, so-called slavish copying), rather than just substantially similar, for the defendant to be liable for infringement.[9] Most world chip topography protection laws provide for a reverse engineering privilege.

Intellectual Prporiety Rights and Patents

International copyright agreements While no creative work is automatically protected worldwide, there are international treaties which provide protection automatically for all creative works as soon as they are fixed in a medium. There are two primary international copyright agreements, the Buenos Aires Convention and the Berne Convention for the Protection of Literary and Artistic Works. Berne Convention The Berne Convention for the Protection of Literary and Artistic Works (also referred to as just the Berne Convention) requires protection for all creative works in a fixed medium be automatic, and last for at least 50 years after the author's death for any work except for photographic and cinematographic works. Photographic works are tied to a minimum of 25 years. Cinematographic works are protected for 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. The Berne Convention also allows for the rule of the shorter term, stating that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work". Not all countries have applied this rule however. Buenos Aires Convention The Buenos Aires Convention was a treaty signed by most North and South American countries, which allows for protection of all creative works as long as they contain a notice informing that the creator claims copyright on it. The Buenos Aires Convention also instituted the rule of the shorter term, where the length of the copyright term for the work in a country was whichever was shorter - the length of the term in the source country, or the protecting country of the work. All Buenos Aires countries are now also parties to the Berne Convention, but elements from Buenos Aires are still used in the modern era, such as the rule of the shorter term.

List of parties to international copyright agreements

Below is a list of countries which have signed and ratified one or more multilateral international copyright treaties. This list covers only multilateral treaties (i.e., treaties by more than two countries). It does not include bilateral treaties (treaties between only two countries). Related rights provide intellectual property rights for performers, producers of sound recordings (phonograms) and broadcasting organisations. In some countries these rights are known simply as copyright, while other countries distinguish them fromauthors' rights: in either case, the international laws which are concerned with them are distinct from those concerned with literary and artistic works under the Berne Convention for the Protection of Literary and Artistic Works and other treaties.

Intellectual Prporiety Rights and Patents

Berne Berne Convention for the Protection of Literary and Artistic Works, Berne, September 9, 1886, came into force December 5, 1887 UCC Geneva Universal Copyright Convention, Geneva Act, September 6, 1952, came into force September 16, 1955
[2]

UCC Paris Universal Copyright Convention, Paris Act, July 24, 1971, came into force July 10, 1974 TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights, Marrakech, April 15, 1994, came into force January, 1 1995 Note: membership in TRIPS coincides with membership in the World Trade Organization; observer governments of the World Trade Organization are marked observer in the table below. WCT WIPO Copyright Treaty, Geneva, December 20, 1996, came into force March 6, 2002 In addition to these treaties, the Anti-Counterfeiting Trade Agreement (ACTA) is a multilateral treaty governing multiple aspects of intellectual property, including copyright. As of February 2012, ACTA has been signed by 31 countries, but has not been ratified by ] any. If ACTA is ratified by six or more signatories, it will enter into force thirty days later.
[

Table of parties
The list below was taken from details supplied by WIPO, UNESCO and the WTO (see references): they are correct as of 2005-12-11 (2000-01-01 for the Universal Copyright Convention), and include some accessions after that date. Dates quoted are the date on which the treaty came into effect for a given country.

Country

Berne

UCC Geneva

UCC Paris

TRIPS

WCT

India

April 1, 1928

January 21, 1958

April 7, 1988

January 1, 1995

Intellectual Prporiety Rights and Patents