NAME : SYAFINAZ BINTI IDRUS

STUDENT ID : 244653
TUTORIAL 2 (COPYRIGHT)

1. Discuss types of licence in copyright (regarding the contractual rights against the
owner).
The licence confers contractual rights upon the licensee of any proprietary right in the
copyright law. There are (2) types of licence, which are (a) exclusive license as well as
(b) mere license or non-exclusive license.

Turning to the first type of license which is exclusive license, it is formed when the
parties agree that no other person or other legal entity can exploit the relevant right,
except the licensee. It confers an exact same right of action and remedies under Section
37 of Copyright Act as if he is the owner of the copyright. If there is any action to be
brought at the courts of law, it should be brought together with the owner unless the court
allows it.

This can be illustrated in the case of Fathers & Daughters Nevada, LLC v. Lingfu
Zhang, in federal court in Oregon, where a copyright owner sued a defendant that
allegedly downloaded and distributed the plaintiff's movie without authorization. The
plaintiff had created the movie, and registered its copyright. But the plaintiff had also
exclusively licensed its rights through a sales agent. Although the plaintiff's agreements
with the agent and licensee stated that the plaintiff reserved the right to sue for
infringement, the court held that it could not do so. As the court explained, "ownership,
and how it can be transferred and parsed, is unique under the Copyright Act." Agreements
that might work with other kinds of property can run afoul of special copyright ownership
rules.

Lastly, mere license or non-exclusive license may be granted to various people in

respect of the same acts restricted by copyright. Non-exclusive licensee may also provide
that he joins the owner of the copyright as in the case of Television Broadcast Ltd. V
Mandarin Video Holdings Sdn. Bhd, where A non–exclusive licensee can sue provided
that they join the owner of the copyright as co-claimants, upon complaints from the
plaintiffs (two producers of Chinese language films for TV shows in Hong Kong and the
third plaintiff with copyright to distribute the films in video cassettes in Malaysia) that the
 defendants were making illicit video copies, the Anton Pillar order was issued leading to
raids on Mandarin's premises. The defendants sought to discharge the order and
contended, among others, that the plaintiffs had not complied with Films (Censorship)
Act1952 and that there was no evidence that the cassettes were sold to make available to
the public within 30 days of their publication in Hong Kong.

2. Discuss regarding the testamentary disposition of a copyright.

Testamentary disposition is the disposition or transfer of property that takes effect upon
the death of the person making it. The testator retains almost entire control of the property
until death. In short, it is the gift of property which takes effect at the time of the death of the
person making the disposition. The transfer can be made by deed, by an inter vivos
transaction, or by will. All instruments used to make testamentary dispositions must comply
with the requirements of the statute of wills.

Testamentary disposition of a copyright is provided under Section 27(7) of Copyright

Act where it stated that

“Where under a testamentary disposition, whether specific or general, a person is

entitled beneficially or otherwise, to the manuscript of a literary or musical work, or to
an artistic work, and the work has not been published before the death of the testator, the
testamentary disposition shall, unless a contrary intention is indicated in the testator's
will or a codicil thereto, be construed as including the copyright in the work in so far as
the testator was the owner of the copyright immediately before his death.”

The claim on the ground of testamentary disposition can be illustrated in the

case of Niladri Nath Mukherjee And Ors. vs Satis Chandra Mukherjee And Anor where
the plaintiffs are grandsons of the late Rai Bahadur Bankim Chandra Chatterjee the well-
known Bengali author and novelist, being the sons of his daughter Sreemati Nilabja
Kumari Debi who died sometime in November 1910.

The first defendant is the proprietor of the Basumati and the Basumati Press
and carried on business as a book seller and publisher in Calcutta. The plaintiffs claim
that they along with the second defendant became the owners of the copyright in certain
books of the late Rai Bahadur Bankim Chandra Chatterjee on the death of Sarat Kumari
Debi and they complain in this suit of an infringement of their copyright by the first
defendant on and from 23rd December 1927. The only allegation made against the second
 defendant in the plaint upon which it might band suggested some relief could be claimed
against the second defendant.

3. Discuss about the Copyright Tribunal.

The Copyright Tribunal is an independent body established under the

Copyright Act 1987. The main function of the Copyright Tribunal is to settle various
types of disputes, where the parties cannot agree between themselves as propounded
in Section 27B and Section 27D of Copyright Act, over terms and conditions of
copyright licensing and royalty payments as well as to adjudicate in cases where an
applicant has been refused a license by an operator under Section 27C. On the other
hand, it is also deemed as an alternative forum for interested person to seek
application for certain uses of copyrighted works and claim relief by any operator of
copyright licensing schemes.

4. Discuss right of integrity under copyright law.

Integrity rights is part of moral rights under Copyright Law. This is provided under
Section 25(2)(b) Copyright Act that stated that the author has the right to enjoin any
unauthorised distortion, mutilation or modification of his work, adversely affecting his
honour or reputation.

This can be illustrated in the case of Tidy v Trustee Natural History Museum, where
the plaintiff, a well-known cartoonist complained that the museum, by reproducing them in
reduced dimensions, had subjected his works to derogatory treatment. It was held that it
wasn’t clear that the reduction in size of the cartoons amounted in any way to a distortion of
the original. The plaintiff’s honour or reputation would not he harm.

5. Discuss relating to moral rights of a performer.

Performers' rights. Performers have certain rights to prevent illicit recordings of their
performances. Performers' rights are infringed when, for example, a recording of a
performance is made without the performer's consent and the recording is broadcast, shown,
played, copied, imported or sold. This right is protected under Section 25 (1) of Copyright
Act, which includes
 (a) the right to be identified as the author or film director of a work (the right of
attribution)
(b) the right to object to derogatory treatment of the work, that is, a change to the
work that harms the reputation of the author or director (the right of integrity)

6. Discuss three circumstances that the performer is entitled to equitable

remuneration.

There are (3) circumstances that the performer is entitled to such remuneration are;

(a) Where the sound and recording is published for commercial purposes
(b) Where the reproduction of the recording is publicly performed
(c) Where the recording is used for broadcasting or other communication to public

On the other hand, the performer has the right under Section 16(B) where it says that in
the absence of a contract on the equitable remuneration, the performer may apply to the
tribunal to determine the amount payable as equitable remuneration.