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Q-15 What do you understand by copyright? Define.

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
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary,
musical, dramatic and artistic works and cinematograph films and sound recordings.
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby
protecting and rewarding creativity.
Authorship must be original and cannot simply be copied or reproduced from another author.
No single international copyright for whole world .
Not protected by copyright:-
Ideas are not protected including concepts, methods of operation, business systems, processes,
procedures, discoveries and natural laws.
Facts and research results
ork without original authorship
!overnment works created by the government.
Facts or discoveries.
Copyright does not ordinarily protect titles by themselves or names, short word combinations,
slogans, short phrases, methods, plots or factual information
Rights Under Copyright La
"# to reproduce or copy the work$
%# to prepare derivative works$
&# to distribute copies to the public$
'# to perform in public (such as for a play, a musical composition#$
)# the right to display the work in public
*rdinarily the author is the first owner of copyright in a work. +he copyright is owned by the employing
party.
+he general rule is that copyright !asts for "# years. It is counted,
$ro% the death of the author
-.iterary
-/ramatic
-0usical
-1rtistic work
$ro% the date of pub!ication
-Cinematograph films
-2ound recordings
-3hotographs
-3osthumous publication
-orks of government 4 international organi5ations
+he general rule is that copyright lasts for 67 years. In the case of original literary, dramatic, musical and
artistic works the 67,year period is counted from the year following the death of the author. In the case of
cinematograph films, sound recordings, photographs, posthumous publications, anonymous and
pseudonymous publications, works of government and works of international organi5ations, the 67,year
period is counted from the date of publication.
It varies according to the nature of work , 67 years, in India.
literary, dramatic, musical or artistic work (other than a photograph#, when published during the
lifetime of the author, copyright subsists during the lifetime of the author, plus 67 years.
In the case of photographs, cinematograph films and sounds recordings$ the term is 67 years from
the date of publication.
hen the first owner of copyright is the government or a public undertaking, the term of
copyright is 67 years from the date of publication.
&he Copyright Act' 1(5) protects original literary, dramatic, musical and artistic works and
cinematograph films and sound recordings from unauthori5ed uses. 8nlike the case with patents,
copyright protects the e9pressions and not the ideas. +here is no copyright in an idea.

Q-1" What is the ter% of copyright in pub!ished !iterary' dra%atic' %usica! and artistic or*s?
+n the case of a !iterary or* (e9cept computer programme#, copyright means the e9clusive right
+o reproduce the work
+o issue copies of the work to the public
+o perform the work in public
+o communicate the work to the public.
+o make cinematograph film or sound recording in respect of the work
+o make any translation of the work
+o make any adaptation of the work.
+n the case of a dra%atic or*, copyright means the e9clusive right
o +o reproduce the work
o +o communicate the work to the public or perform the work in public
o +o issue copies of the work to the public
o +o include the work in any cinematograph film
o +o make any adaptation of the work
o +o make translation of the work.
+n the case of an artistic or*, copyright means the e9clusive right
o +o reproduce the work
o +o communicate the work to the public
o +o issue copies of the work to the public
o +o include the work in any cinematograph film
o +o make any adaptation of the work.
+n the case of a %usica! or*, copyright means the e9clusive right
o +o reproduce the work
o +o issue copies of the work to the public
o +o perform the work in public
o +o communicate the work to the public
o +o make cinematograph film or sound recording in respect of the work
o +o make any translation of the work
o +o make any adaptation of the work.
Q-1) What is the ter% of copyright in cine%atography' sound recording' go,ern%ent or*s' pub!ic
underta*ings' or*s of interna! organi-ations and photography?
In the case of a cinematograph film, copyright means the e9clusive right
o +o make a copy of the film including a photograph of any image forming part thereof
o +o sell or give on hire or offer for sale or hire a copy of the film
o +o communicate the cinematograph film to the public.
What are the rights in a sound recording?
o +o make any other sound recording embodying it
o +o sell or give on hire, or offer for sale or hire, any copy of the sound recording
o +o communicate the sound recording to the public.
Q-1. What do you understand by onership of copyright and rights of the oner? /0p!ain.
*rdinarily the author is the first owner of copyright in a work.
+he moral rights are independent of the author:s copyright and remains with him even after assignment of
the copyright.
Q-1( /0p!ain the assign%ent of copyright?
+he owner of the copyright may assign to any person the copyright either wholly or partially.
If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.
+he moral rights are independent of the author:s copyright and remains with him even after assignment of
the copyright.
It shall be in writing signed by the assignor or by his duly authorised agent. It shall also specify the
amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment
and the assignment shall be sub;ect to revision, e9tension or termination on terms mutually agreed upon
by the parties.
If the assignee does not e9ercise the rights assigned to him within a period of one year from the date of
assignment, the assignment in respect of such rights shall be deemed to have lapsed after the e9piry of the
said period unless otherwise specified in the assignment.
If the territorial e9tent of assignment of the rights is not specified, it shall be presumed to e9tend within
the whole of India.
Q-1# What is the procedure of registration of copy right under &he +ndian Copyright Act 1(5)?
Copyright comes into e9istence as soon as a work is created and no formality is re<uired to be completed
for ac<uiring copyright. =owever, facilities e9ist for having the work registered in the >egister of
Copyrights maintained in the Copyright *ffice of the /epartment of ?ducation. +he entries made in the
>egister of Copyrights serve as prima-facie evidence in the court of law. +he Copyright *ffice has been
set up to provide registration facilities to all types of works and is headed by a >egistrar of Copyrights
and is located at @.%A.&, C.>. @arracks, Basturba !andhi 0arg, New /elhi,
+he procedure for registration is as followsC
a. 1pplication for registration is to be made on Form ID ( Including 2tatement of 3articulars and
2tatement of Further 3articulars# as prescribed in the first schedule to the >ules $
b. 2eparate applications should be made for registration of each work$
c. ?ach application should be accompanied by the re<uisite fee prescribed in the second schedule to the
>ules $ and
d. +he applications should be signed by the applicant or the advocate in whose favour a Dakalatnama or
3ower of 1ttorney has been e9ecuted. +he 3ower of 1ttorney signed by the party and accepted by the
advocate should also be enclosed.
Q-11 When a copyright to be infringed? /0p!ain.
+he following are some of the commonly known acts involving infringement of copyrightC
i. 0aking infringing copies for sale or hire or selling or letting them for hire$
ii. 3ermitting any place for the performance of works in public where such performance constitutes
infringement of copyright$
iii. /istributing infringing copies for the purpose of trade or to such an e9tent so as to affect pre;udicially
the interest of the owner of copyright $
iv. 3ublic e9hibition of infringing copies by way of trade$ and
v. Importation of infringing copies into India.
1 copyright owner can take legal action against any person who infringes the copyright in the work. +he
copyright owner is entitled to remedies by way of in;unctions, damages and accounts.
+he /istrict Court concerned has the ;urisdiction in civil suits regarding copyright infringement.
Q-11 What is the test to deter%ine infringe%ent? /0p!ain.
Q-12 What are the acts not considered as +nfringe%ent? /nu%erate.
Q-13 What are pena!ties for +nfringe%ent?
1ny person who knowingly infringes or abets the infringement of the copyright in any work commits
criminal offence under 2ection 6& of the Copyright 1ct.
+he minimum punishment for infringement of copyright is imprisonment for si9 months with the
minimum fine of >s. )7,777A,. In the case of a second and subse<uent conviction the minimum
punishment is imprisonment for one year and fine of >s. one lakh.
1ny police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect
of the infringement of copyright in any work has been, is being, or is likely to be committed, sei5e
without warrant, all copies of the work and all plates used for the purpose of making infringing copies of
the work, wherever found, and all copies and plates so sei5ed shall, as soon as practicable be produced
before a magistrate.
Q-15 What are the pena!ties for second and subse4uent con,ictions?
Q-1" What do you understand by copyright in case of co%puter progra%s? /0p!ain.
In addition to all the rights applicable to a literary work, owner of the copyright in a computer programme
en;oys the rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has
been sold or given on hire on earlier occasion.
Q-1) What is the constitution of Copyright 5oard?
It is a body constituted under the Copyright 1ct for the discharge of certain ;udicial functions
under the 1ct.
Constituted by the Central !overnment
+he @oard was constituted in "E)F
It hasC
Chairman (either a =igh Court Gudge#
+wo or more (not e9ceeding fourteen# members
+he >egistrar of the Copyright will perform all secretarial functions of the Copyright
@oard
+erms of chairman for Five years.
+he @oard has the power toC
i. hear appeals against the orders of the >egistrar of Copyright$
ii. hear applications for rectification of entries in the >egister of Copyrights$
iii. ad;udicate upon disputes on assignment of copyright$
iv. grant compulsory licenses to publish or republish works (in certain circumstances#$
v. grant compulsory license to produce and publish a translation of a literary or dramatic work in any
language after a period of seven years from the first publication of the work$
vi. to decide whether a work has been published or about the date of publication or about the term of
copyright of a work in another country$
vii. fi9 rates of royalties in respect of sound recordings under the cover,version provision$ and
viii. fi9 the resale share right in original copies of a painting, a sculpture or a drawing and of original
manuscripts of a literary or dramatic or musical work.
&he Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil
3rocedure in respect of the following matters, namely,
a. summoning and enforcing the attendance of any person and e9amining him on oath$
b. re<uiring the discovery and production of any document$
c. receiving evidence on affidavit$
d. issuing commissions for the e9amination of witnesses or documents$
e. re<uisitioning any public record or copy thereof from any court or office$
f. any other matters which may be prescribed.
Q-1. /0p!ain the use of copyright !icense and its purpose.
Q- 1( What is a copyright society?
1 copyright society is a registered collective administration society. 2uch a society is formed by copyright
owners. +he minimum membership re<uired for registration of a society is seven. *rdinarily, only one
society is registered to do business in respect of the same class of work. 1 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 1ct.
+he registration granted to a copyright society shall be for a period of five years and may be renewed
from time to time before the end of every five years on a re<uest in the prescribed form and the Central
!overnment may renew the registration after considering the report of >egistrar of Copyrights on the
working of the copyright society under section &6.
What are the functions of a copyright society?
1 copyright society mayC
i. Issue licenses in respect of the rights administered by the society.
ii. Collect fees in pursuance of such licences.
iii. /istribute such fees among owners of copyright after making deductions for the administrative
e9penses.
+he following are the registered copyright societies in IndiaC
i. 2ociety for Copyright >egulation of Indian 3roducers for Film and +elevision (2C>I3+# (for
cinematograph and television films#.
ii. +he Indian 3erforming >ight 2ociety .imited (I3>2 (for musical works#.
iii. 3honographic 3erformance .imited (33.# (for sound recordings#.
iv. Indian 2ingers >ights 1ssociation (I2>1# (For performers(2ingers# >ights #
+s it necessary to obtain !icences fro% %ore than one society for e0p!oitation of a or*?
In many cases, it is necessary to obtain licences from more than one society. For e9ample, playing of the
sound recording of music may involve obtaining a licence from the I3>2 for the public performance of
the music as well as a license from the 33. for playing the records, if these societies have the particular
work in their repertoire.