Group 1 Misha Rawal : 106 Ujjwal Gupta : 107 Anurag Anwariya:108 Suveer Malhotra : 109 Vipul Jain : 110

0 Gaurav Singh : 111

 Intellectual

property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Common type of Intellectual Property Rights

Patents Trade marks Geographical denominations

Industrial designs
Copyright

Copyright is a legal term describing the economic rights given to the creators of
Literacy Dramatics Artistic works Producer of cinematograph films Sound recording

Copyrights includes the right to reproduce the work, to make copies and to perform or display the work publicly. Copyrights offer essentially the only protection for music ,films, and other works of cultural value.

With the development of new forms of expression, these categories have expanded to include the Computer programs and sound recoding .

THE PRIMARY FUNCTION OF COPYRIGHT is to

protect from annexation By other people, the fruits of a mans work, labour, skill or taste. This protection is given by making it unlawful as an infringement of copyright to reproduce or copy any literary, dramatic, musical or artistic work without the consent of the owner of the copyright in that work.

Introduction: The concept of copyright and neighboring rights have assumed significance due to scientific ,economic ,social , political and legal environment in the entire world. HISTORICAL EVOLUTION OF COPYRIGHT LAW -confined to books only -Worlds First Copyright Law was passes in 1709 in England -Thereafter in 1911 by name Copyright Act,1911 COPYRIGHT LAW IN INDIA -first act was passed in 1914 -this act was based on the act of 1911 -the act of 1914 underwent revision due to advent of advancement of Science and Technology -thereafter the copyright of 1957 was passed.

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 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 "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

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.

According to the Copyright Law enacted under the Copyright Act, 1957, An author is : 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

Sec 22 to 29 of the Copyright Act,1957 deal with this aspect:Term varies as per the-Nature of the work , or -Whether author is natural/legal person, -whether work is anonymous or pseudonymous In case ofLiterary , Dramatic , Musical or Artistic Works; -term is for lifetime and thereafter for 60 years; -Joint Owners-60 years starts after death of last owner, Anonymous/Pseudonymous works-60 Years from the year of publication -If identity disclosed , term extended to 60 years after the death of the author.

 Photographs-

-60 years from the year of publication Cinematograph film-60 years from the year of publication Government undertaking-60 years from the year of publication International organization 60 years from the year of publication Performers right -25 years from the year of publication Broadcasting Reproduction Rights-25 years from the year of publication

LITERARY,DRAMATICS AND MUSICAL WORK:a)To reproduce or store the work b)To issue copies to the public c)To perform the work in public d)To make cinematograph film or sound recording e)To make translation of the work. f)To make adaptation of the work.

 ARTISTIC

WORK:a)To reproduce the work. b)To communicate the work to public. c)To include the work in cinematograph film. d)To make adaptation of the work. CINEMATOGRAPH FILM:a)To make copies of the film b)To sell or give on hire a copy of the film c)To communicate the film to the public. SOUND RECORDING:a)To make any other sound recording embodying it. b)To sell or give on hire a copy of the sound recording.

 The

Act defines 'Broadcast' as communication to the public by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or by wire. Every broadcasting organization has special rights with respect to its broadcasts and these rights are known s as broadcast reproduction rights. The broadcasting organization has the exclusive right to: 1). re-broadcast the broadcast; 2). cause the broadcast to be heard or seen by the public on payment of any charges; 3). make any sound recording or visual recording of the broadcast;

4). make any reproduction of such sound recording or visual recording where such initial recording was done without license or, where it was licensed, for any purpose not envisaged by such license and 5). sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.
This right subsists until 25 years from the beginning of the calendar year next following the year in which the broadcast is made.

Communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion. It is not necessary that any member of the public actually sees, hears or otherwise enjoys the work so made available. For example, a cable operator may transmit a cinematograph film, which no member of the public may see. Still it is a communication to the public. The fact that the work in question is accessible to the public is enough to say that the work is communicated to the public.

 An

author is entitled to claim his moral rights even after the assignment of his copyrights. Kinds Of Moral Rights:a).Right Of Paternity (Droit de paternite) I -An author has a right to claim authorship of his work and can prevent all others from claiming authorship of his work. -He can also demand to include his name to appear in all the copies of his work at appropriate place.

 b)Right

of Integrity( Droit de respect de loeuvre ) -An author has a right to prevent distortion , mutilation or other alteration of his work , etc., which would be prejudicial to his honour and reputation. -It is essential where a license or assignment has been granted to adapt or alter the work in some way, e.g. . Novel into play, play in film, etc.

Is it necessary to register a work to claim copyright? No. Acquisition of copyright is automatic and it does not require any formality. Registration is optional and not mandatory It is not a pre-requisite condition to claim Copyrights. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. ABHISHEK WALIA V/S SHREY PUBLISHING (1987)

Copyright Office:-Sec.9 Copyright Office is at New Delhi, which is under the control of Registrar of Copyright, which is under the control and supervision of Central Government. Registrar and Deputy Registrar:-appointed by the Central Government. They posses certain powers of the civil court.

The author or the publisher ,etc. may apply for registration to the Registrar in Form IV along with prescribed fees. Separate applications should be made for registration of each work. Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed. Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically. The applicant is required to give a notice of his application to every interested person to invite for any objection. If no objection are received within 30 days of the notice , the Registrar, if satisfied that the contents of the application if correct , enter the contents in the register of Copyright.

If a person uses any of the rights without the permission of author it is said to be the infringement of copyrights. INFRINGEMENT OF COPYRIGHTS BY COPYING:Copying can be done in three ways:1.Direct Copying:-Reproduction of the authors work falls under this category . -But difficulty may arise if the infringer instead of copying the entire work may copy some portion of the copyrighted material. LANDBROKE V/S WILLIAM HILL

2.INDIRECT COPYING:-Means copying the work of a person by changing its form .Eg. If the work in a drawing has been copied by the 3 dimensions by the Defendants, or if the novel is turned in to stage play which in turn converted in to a ballet. 3.SUBCONSCIOUS COPYING:This copying may occur subconsciously where a person reads ,sees or hears a work , forgets about it but then reproduce it , genuinely believing it to be his own.

R.C Anand v Delux Films

(1)

No copyright in an idea. Violation

ofcopyright confined to form, manner and arrangement, as well as expression of idea by the author (2) Where same idea developed in different manner, similarities happen. Court to rule on whether similarities are merely substantial or fundamental

(3)Safest Test: Does the reader/

(4)

spectator/viewer have the opinion/get the unshakeable impression that the second work is a copy of the original? (the viewer test) Same theme, different presentation Completely new work, no infringement

(5)

Where there are only incidental similarities, there is no copyright infringement Copyright infringement = piracy it must be clearly proven Very difficult to prove violation of copyright of stage play by a film producer: the viewer test is applicable

(6)

(7)

INFRINGING COPY:-Sec (m)

In

relation to artistic work ,a reproduction thereof. In relation to a cinematographic film, a copy of the film. In relation to a sound recording any other sound recording embodying the same sound recording. In relation to any program or performance in which the broadcasting reproduction or performers right subsist, the sound recording or the cinematographic film of such program or performance.

It was held by the court that if a there is a version recording released by the Defendants of a popular film, do not prima facia fall within the defination of infringing copy.

FOR COPYRIGHT INFRINGEMENT

Remedies for Copyright Infringement

Civil

Criminal

Administrative

Civil Remedies Injunction Damages Accounts Costs

Injunction Only effective remedy Court has to weigh the damage to the plaintiff if the injunction is not granted, as opposed to the damage to the defendant if it is Interlocutory injunction is the preferred method for preventing infringement, sometimes an ex parte injunction

Criminal Remedies Cognizable Offences Imprisonment up to 3 years

Fine up to 200,000 INR

 Copyright

Act 1957, s.64 empowers the Police (any officer not below the rank of subinspector) to seize infringing copies without warrant Police Raids (Power of search, seizure & arrest without a warrant) Fines (min. 50,000-200,000 INR) Imprisonment (6 months to 3 years)

PROS Judicial determination of rights Likelihood of damages award Less vulnerable to a challenge Commissioners seizure orders more effective

CONS Delays Trial, Appeal Stages Damages not usually awarded

No

severe punishment for violation of rights

PROS Quick remedy Greater opportunity to quickly counteract violation, with arrest acting as a deterrent CONS Chances of seizure of goods low Difficulty in coordinating with the police

 Administrative

remedy in the form of an Anton Piller Order can be obtained. These orders direct opponents to allow applicants to search their premises for evidence (of infringement) and seize such evidence. They are granted if there is a very strong prima facie case against the opponent. The suspected infringer is not warned in advance that a search will take place. This ensures that he does not have the opportunity to conceal or destroy evidence.

THANKYOU!!!