Post on 22-Jan-2018
UnveilinghellipIntellectual Property Rights
Dr Sabuj Kumar ChaudhuriDepartment of Library amp Information Science
University of Calcuttasabujkchaudhuricalunivacin
October 14 2017 1
Disclaimer
I am not lawyer I can not give
you any legal advice
October 14 2017 2
Discovery Vs Invention
October 14 2017 3
October 14 2017 4
Creation of New Idea (Invention)
Conceptualization of New Idea (Decision to
innovate)
Commercialization of New Idea (Innovation) (many stages)
Diffusion in the SocietyOctober 14 2017 5
Valley of Death
October 14 2017 6
Primary Players in Global innovation
7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Disclaimer
I am not lawyer I can not give
you any legal advice
October 14 2017 2
Discovery Vs Invention
October 14 2017 3
October 14 2017 4
Creation of New Idea (Invention)
Conceptualization of New Idea (Decision to
innovate)
Commercialization of New Idea (Innovation) (many stages)
Diffusion in the SocietyOctober 14 2017 5
Valley of Death
October 14 2017 6
Primary Players in Global innovation
7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Discovery Vs Invention
October 14 2017 3
October 14 2017 4
Creation of New Idea (Invention)
Conceptualization of New Idea (Decision to
innovate)
Commercialization of New Idea (Innovation) (many stages)
Diffusion in the SocietyOctober 14 2017 5
Valley of Death
October 14 2017 6
Primary Players in Global innovation
7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 4
Creation of New Idea (Invention)
Conceptualization of New Idea (Decision to
innovate)
Commercialization of New Idea (Innovation) (many stages)
Diffusion in the SocietyOctober 14 2017 5
Valley of Death
October 14 2017 6
Primary Players in Global innovation
7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Creation of New Idea (Invention)
Conceptualization of New Idea (Decision to
innovate)
Commercialization of New Idea (Innovation) (many stages)
Diffusion in the SocietyOctober 14 2017 5
Valley of Death
October 14 2017 6
Primary Players in Global innovation
7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Valley of Death
October 14 2017 6
Primary Players in Global innovation
7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Primary Players in Global innovation
7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Creativity protected by IP
From Morning to Night
October 14 2017 8
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
IPR as an Umbrella Protecting your
Creativity
October 14 2017 9
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What is IPR
bull What is property
bull What is Intellectual property (IP)
bull What is Intellectual Property Rights(IPR)
October 14 2017 10
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Property
bull The primary definition in the Oxford English Dictionary states
that lsquoproperrsquo means lsquobelonging to oneself or itself
bull Generally it has 3 understandings
bull Scientific Understandings
bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects
bull Legal Understandings
bull Property is the inclusion of rights of exclusive use andalienability
bull Economic Understandings
bull Property includes all rights of individuals to valuableresources
11October 14 2017
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Rights of A Property Owner
bull Right to own
bull Right to exclusive use
bull Right to disallow others from its use
bull Right to sell
bull Right to transfer
bull Right to donate
bull Right to rent
bull Right to lend
bull Right to derive profit out of it
bull Property involves abundle of rights
bull The entire bundle canbe held by one personor divided amongmultiple parties
bull Property rights conferpower
October 14 2017 12
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Types of Property
bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc
bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc
13October 14 2017
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
IP IPR
bull Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind the
human intellect This is
why this kind of property
is called ldquointellectual
propertyrdquo
bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod
14October 14 2017
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Why IP is required bull To protect your Creativity Invention
bull To get an economic return on funding
invested in R amp D
bull To get a reward or recognition as it is the
fruit of your hard labour effort and time
bull To own your inventioncreative works
bull To create of an intellectual asset for
licensing or selling
bull To deter others from using your
inventionOctober 14 2017 15
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What happens if you do not protect
your inventions
bull Somebody else might patent
them
bull Competitors will take advantage
of your invention
bull Possibilities to license sell or
transfer technology will be
severely hindered
bull Time effort labour will be lost
bull Funders will be discouraged
October 14 2017 16
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Creator has Two Options
October 14 2017 17
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
IPRIndustrial Property
PatentIndustrial Design
TrademarkGeographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information including trade secrets and test data
Artistic amp Literary Property
Copyright
Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database
Integrated Circuit
Plant Breedersrsquo Right (PBR)
CLASSIFICATION OF IPR
October 14 2017 18
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Each type of protection and what it
protectsbull Patents (utilitydesign) protect Inventions
bull Trademarks protect Identifying Signs amp Symbols
bull Designs protect Ornamental Design of Product
bull GIs protect Identifying place names with product
bull Trade Secrets protect Confidential Information
bull Copyrights protect Creative Expressions of Creators
bull PBRs protect DUS plant variety
bull IC layout designs protect Original design of IC
bull Databases protect Uniqueness of databaseOctober 14 2017 19
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Coca-Coal with Different IPR
John Pemberton inventor
bull Design
bull Patent (Trade Secret)
bull Trade Mark
bull Copyright
October 14 2017 20
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret
October 14 2017 21
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 22
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Basics of a Patent
What is a patentA patent is an exclusive right granted
by the State for an invention to the inventor
In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application
Protection + Disclosure
Patent is a bargain between inventor amp
the state
bull Patent is a negativeright
bull It gives its owner theexclusive right
bull Granted by the nationalpatent office Generallyfor 20 years
bull Territorial right
bull There is no
international patent
bull Both Product amp Processpatent is allowed in India
bull Unity of Invention (oneinvention in one patent)
bull First to File (FIF) System
October 14 2017 23
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patenteersquos interest Public interest
October 14 2017 24
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Criteria to get a PatentThere are 3 criteria to get a patent
1 Invention has to be Novel
2 Invention has inventive steps
3 Invention must have industrial application
For patenting microorganisms inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the governmentOctober 14 2017 25
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Rights of a PatenteeTo make use exercise sell or distribute an
Invented Article or Process in India
bull Right can be shared licensed or sold
bull Right to initiate Legal Proceedingsagainst Infringement
bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent
October 14 2017 26
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Non-Patentable Inventionsbull Frivolous inventions
bull Inventions contrary to well established
natural laws
Contrary to public order or
Morality
bull Inventions related to atomic energy
Causes serious Prejudice to health or
human animal plant life or
to the environmentOctober 14 2017 27
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contdbull Mere Discovery of a Scientific
Principle or
bull formulation of an Abstract Theory or
bull discovery of any living thing or
bull discovery of nonndashliving substanceoccurring in nature
bull Patent on plant animals amp naturally
occurring microorganisms
bull TK is not patentable
October 14 2017 28
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contdbull Any process for medicinal surgical
curative prophylactic diagnostic
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
October 14 2017 29
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
bull Description of
Invention-Provisional
and Complete
Specification
bull Claims have 2
perspectives
establishing-
Monopoly
+infringement
bull Independent claim+
Dependent claims
October 14 2017 30
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Field of inventionTrespassers will be prosecuted
Alternative path
October 14 2017 31
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Field of invention
Trespassers will be prosecuted
Alternative path
TO
L L GAT
E
TO
L L GAT
E
CLAIM
CLAI
M
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAIM
CLAI
M
CLAI
M
RoyaltyLicensing and Agreements
IDEA
October 14 2017 32
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Stages - Filing To Grant of Patent
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
RevocationAmendment
OPPOSITION
bull PROMPTLY AFTER 18 MONTHS FROM PD
bull WITHIN 48 MONTHS FROM FD
bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS
bull WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board 33October 14 2017
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 34
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Trademarks
October 14 2017 35
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What is a Trademarkbull A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises
bull Once acquired a trade mark can last
indefinitely as long as you renew it every
10 years Because a registered trade mark
is a form of IP you can license or assign it
to others
October 14 2017 36
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What TM can be registered
bull A word or a combination of words letters
and numerals can perfectly constitute a
trademark But trademarks may also
consist of drawings symbols three-
dimensional features such as the shape
and packaging of goods non-visible signs
such as sounds or fragrances or color
shades used as distinguishing features ndash
the possibilities are almost limitless
October 14 2017 37
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Types of Trademark
TrademarkWord Mark
Collective Mark
Certification Mark
Service Mark
Sound
Mark
Logo
3D Mark
Smell Mark
October 14 2017 38
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Functions of a Trade Mark
bull Identify the source of Goods or Services
bull Assures Consumers of Uniform Quality of
Goods services
bull Creates Goodwill and brand recall
bull Differentiate your brand in the market
bull It advertises the product
bull It ensures genuineness of the product
October 14 2017 39
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 40
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
bull If your brand name is already in useyou
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
bull The longer the period of use of trademark
the stronger it is
bull Trademark Rights are Territorial
bull You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
October 14 2017 41
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What to avoid when selecting a TM
bull Must not be Generic terms CHAIR to sell chairs
bull Must not be Descriptive terms SWEET to sell
chocolates
Must be graphically represented
Must be distinctive distinguishable
Must not be deceptively similar to known well-known
marks Generics
bull Marks Contrary To Public Order and Morality
bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization
bull Geographical Indications Deities
bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes
2 Trademark Clearance Search
3 Trademark application preparation and filing
4 Examination report by Office
5 Respond to objections raised by office and filing of affidavit
6 Hearing before the Registrar of Trademarks
7 Order of Registrar refusing allowing the trademark
8 Advertisement of the trademark in the trademark journal
9 4 month window for anyone to file Trademark Opposition
10 If no opposition is filed ndash Trademark registered
11Renewal of registered trademark to be done every 10
years
October 14 2017 43
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 44
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What is an Industrial Design
bull An industrial design is that aspect of a
useful article which is ornamental or
aesthetic
bull It may consist of three-dimensional
features such as the shape or surface of
the article or two- dimensional features
such as patterns lines or color
October 14 2017 45
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
bull Industrial designs are applied to a wide variety of
products of industry or handicraft from watches
jewelry fashion and other luxury items to industrial
and medical implements
bull from house ware furniture and electrical appliances
to vehicles and architectural structures from practical
goods and textile designs to leisure items such as
toys and pet accessories
bull Examples shapes or forms of chairs telephones
cars computers airplanes TV watches cameras
etc
bull Machines of different shapes and size can also
qualify for Industrial design Registration
October 14 2017 46
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Look amp Feel Appeal
bullDoes not protect any technical features of
the article to which it is applied to
bullAppeal to and judged by the Eye
bullShape or Configuration Pattern
bullOrnament ofbullcomposition of lines
bullcomposition of colors
bull2D or 3D
bullApplied to any Article October 14 2017 47
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
PHARMA DESIGN
October 14 2017 48
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contdhellipbull While Patents deal with how the Article
ldquoworksrdquo (Functional Aspect)
bull Designs deal with how the Article ldquolooksrdquo
(Aesthetic AspectAppealing to Eye)
bull The Designs Act calls the right ldquocopyright in
the Designrdquo though copyright deals with the
ldquoartistic workrdquo in 2 ndashdimension the Designs
act deals with such work in 3-dimension
October 14 2017 49
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
May Qualify for Design
October 14 2017 50
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
May Not Qualify for Design
October 14 2017 51
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Glass staircases in Applersquos Shop-may
Qualify for both Patent amp Design
October 14 2017 52
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
TRAX-Airport Seating- may
Qualify for both Patent amp Design
October 14 2017 53
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
bull Term ndash 10 Years+5 Years extension on Renewal
bull After 15 years it goes to public domain
bull Any persondesigner or of his assignee can apply design
bull Foreign application must file through an agent residing in India
bull Basic criteria to get a design-
bull New original not previously disclosed and substantial novelty
Least Expensive amp Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or CancellationOctober 14 2017 54
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Design Registration Process
bull Priority Application (Form1)
bull Application Filed (within 6 months)
bull Examination (Formality check + Substantive Exam)
bull Response to the objection raised
bull Acceptance
bull Certificate of Registration Issued (Total 6-9 months)
October 14 2017 55
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
bull E-filing of Patent
Trademark and Design
October 14 2017 56
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 57
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
58October 14 2017
Hard Facts in Academia
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
5 Publishers Formed Coalition
October 14 2017 59
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
60October 14 2017
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Case Study University of Delhi
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 62
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 63
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 64
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 65
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 66
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
67October 14 2017
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
68October 14 2017
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Copyright amp Monkey Selfie
Female Celebes crested macaque
David Slater
October 14 2017 69
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Harry Potter amp Saga of Cases
October 14 2017 70
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Harry Potter Vs Hari Puttar
October 14 2017 71
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Roger V Koons (1992)
October 14 2017 72
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Ecce Homo Case
October 14 2017 73
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
The Idea of Copyright
bull Letrsquos go to 500 yrs backhelliphellip
-Johann Gutenberg in Germany around 1440 Invented movable printing press
-Introduced to England by William Caxton in the last quarter of the 15th century
74October 14 2017
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contdhellip
bull 1550s the
Stationersrsquo
Company was
chartered by royal
decree and
effectively controlled
the printing and
dissemination of
books throughout
England
75October 14 2017
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Deposit Requirement
bull Stationers agreed to
deposit a copy every
new book in Oxford
University Library
-Agreement signed with
Thomas Bodley in
1610
76October 14 2017
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden
ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo
bull Charter Lapsed in 1695
bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks
bull Term of copyright was28 years [14 years + 14years if the author was stillalive]
77October 14 2017
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Other Parts of the World
bull In Germany authorrsquos rights were
recognized by a Saxon Order dated Feb
27 1686
bull In USA the first federal law on copyright
the Copyright Law 1790 provided
protection to books maps and charts
bull In France a copyright decree was adopted in
1791
78October 14 2017
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
History of Copyright in India
3 distinct phasesgtgtgtgt
Phase I 1847 Copyright Law East India Company
Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)
Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)
Amended 6 timesgt 1983 84 92 94 99 amp 2012
httpwwwcopyrightgovin
79October 14 2017
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 80
3 Options before Creators of Literary and
Artistic Works
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
81October 14 2017
Philo
sophic
al bull Philosophical
Legal bull Legal
Functional bull Functional
3 Aspects of Copyright
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Philosophical Aspects
bull Creativity
bull Originality
bull IdeaExpression Dichotomy
bull Fixation
All copyright related cases conflicts disputes
dilemma and litigations are resolved based on
its philosophical mission
October 14 2017 82
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Legal Aspects
bull Indian Copyright Act 1957
bull Various International Copyright Agreements The Berne convention
Rome convention
The TRIPS agreement
Universal copyright convention
WIPO copyright treaty
WIPO performances and phonogram treaty
Digital Millennium Copyright Act (DMCA)
bull Various case studies and its interpretations
bull Copyright compliance and infringementOctober 14 2017 83
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)
Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain
For copyright protection
1 The work must be original
2 The work must be fixed or presented in a tangible form such as writing film or
photography
3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for
protection
LET US DISCUSS THE FUNCTIONAL
ASPECTShellip OF COPYRIGHT
84October 14 2017
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 85
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed assigned Can not be transferred
or reserved
October 14 2017 86
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
Economic Right
1 Rights for reproduction
2 Rights to publish
3 Rights for rental and lending
4 Rights for
modificationadaptation
5 Right to translate
6 Rights for distribution
7 Rights for public performance
8 Rights for public display
9 Rights of communication to the
public
Moral Rights
bull The Right of Paternity
bull The Right of Integrity
bull The Right of False
attribution
bull The Right of Disclosure
bull The Right of Publication
October 14 2017 87
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Few Facts of Copyright
bull ldquoIt is the product of the labour skill and capital of one
man which must not be appropriated by anotherrdquo (- per
Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)
bull Copyright in form or expression not in idea ldquoThere is
nothing in the notion of copyright to prevent a second person
from producing an identical resultrdquo (Gregory Committee
Report 1952 para 9
bull Copyrights are considered territorial rights
October 14 2017 88
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Few Important Terms
bull Adaptation or
Derivative works
bull Transformativeness
bull Compilations
bull Translations
bull Assign
bull simply means selling
out onersquos copyrighted
work
bull License
bull A license simply
means renting onersquos
copyrighted work
bull Reserving the rightsOctober 14 2017 89
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Who is Author
bull In the case of a literary or dramatic work the author ie the person who creates the work
bull In the case of a musical work the composer
bull In the case of a cinematograph film the producer
bull In the case of a sound recording the producer
bull In the case of a photograph the photographer
bull In the case of a computer generated work the person who causes the work to be created
90October 14 2017
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Copyright for Sound Recordings
bull Ordinarily the author is the first owner of copyright in a work
bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording
October 14 2017 91
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Copyright for Movie
bull The cine artiste who acts inthe film is not protected bycopyright law for his acting
bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners
October 14 2017 92
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Cinema in New Technology
bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer
Video-On-Demand (VOD)Pay PerView (PPV)Download to Own
Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film
Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films
October 14 2017 93
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Core Copyright Industries( include newspapers books and
periodicals motion pictures recorded music music publishing radio
and television broadcasting and business and entertainment
software)
Partial Copyright Industries (include from fabric to jewelry to
furniture to toys and games )
Distribution Copyright Industries (non-dedicated support
industries includes industries that distribute both copyright and non-
copyright protected materials )
Copyright Related Industries (include manufacturers
wholesalers and retailers of CD players TV sets VCRs personal
computers and usage dependent products including blank recording
material and certain categories of storage mediums94October 14 2017
Copyright IndustriesCultural IndustriesContent Industries
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
No Acquisition of copyright is automatic and
it does not require any formality Copyright
comes into existence as soon as a work is
created and no formality is required to be
completed for acquiring copyright 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
IS IT NECESSARY TO REGISTER A WORK
TO CLAIM COPYRIGHT
95October 14 2017
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Is copyright assignable
bull Yes 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
October 14 2017 96
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
What will be the period of assignment if not specificallystated in the assignments
bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment
What will be the territorial extent of the assignment if notspecified in the assignment
bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia
Can an author relinquish copyright and if so how
bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Can I myself file an application for
registration of copyright of a work directly
bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin
bull e-filing for Copyright
Registration
October 14 2017 98
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Types of Work Application Republish
Literary Dramatic
Musical or Artistic
work
Rs 500- per
work
Rs 5000- per
work
Cinematograph Film Rs 5000- per
work
Rs 15000- per
work
Sound Recording Rs 2000-
per work
Rs 10000- per
work
99
Copyright Registration Fees in India
October 14 2017
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Yes Both published and unpublished works
can be registered
When a work has been registered as
unpublished and subsequently it is
published the applicant may apply for
changes in particulars entered in the Register
of Copyright in Form V with prescribed fee
The process of registration and fee for
registration of copyright is same
WHETHER UNPUBLISHED WORKS CAN BE
REGISTERED
100October 14 2017
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Yes Computer Software or programme can
be registered as a lsquoliterary workrsquo As per
Section 2 (o) of the Copyright Act 1957
ldquoliterary workrdquo includes computer
programmes tables and compilations
including computer databases lsquoSource
Codersquo has also to be supplied along with the
application for registration of copyright for
software products
WHETHER COMPUTER SOFTWARE OR
COMPUTER PROGRAMME CAN BE REGISTERED
101October 14 2017
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
23 MonthsSubmission for Registration
30 days mandatory time for waiting for objection (if any)
Next 30 days for removing In the Second month work may be
if any discrepancy found registered if no objection is found
In the third month work may be registered for copyright
HOW LONG I HAVE TO WAIT TO GET MY WORK
TO GET REGISTERED BY THE COPYRIGHT OFFICE
102October 14 2017
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Terms of Copyright
bull Literary
bull dramatic
bull musical and
bull artistic works
bull photographs
bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies
Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec
2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992
103October 14 2017
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
bull Anonymous and pseudonymous works
bull Posthumous work
bull Cinematograph films
bull Computer Programs
bull Sound records
bull Government work
bull Public undertakings
bull International Agencies
bull 60 Years
period is counted from thedate of first publication
bull Period starts from the beginning of next year following the year in which film was first published
104October 14 2017
Contd
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
bull Performerrsquos Right
bull Broadcasterrsquos Right
bull 25 Years
105October 14 2017
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Academia amp Copyright
October 14 2017 106
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Stakeholders in Academia
bull Authors
ndash Faculty
bull Publishers
ndash Commercial for-profit
ndash Academic or not-for-profit
bull Universities
ndash Administrators
bull Librarians
bull PublicOctober 14 2017 107
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Concerns of Academia
Access to Information
Availability
Quality
Privacy
Simplicity amp Clarity in Legal Regime
Impact of Technology on Knowledge Creation distribution amp Consumption
Ease of reproduction
Ease of distribution
Ease of compression
Web specific issues like file sharing cloud computing etcOctober 14 2017 108
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Inception of ICT has made the copyright
issues more complex and intricate
bull Identifying the ownership
bull Establishing the copyright
bull Enforcing the copyrights
gtgtgtgtgtgtgt has become too complex
October 14 2017 109
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Fair Dealings(Section 52 of Indian Copyright Act)
ndash for the purpose of research or private study
ndash for criticism or review
ndash for reporting current events
ndash in connection with judicial proceeding
ndash performance by an amateur club or society if the performance is given to a non-paying audience
ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils
ndash Publication in newspapers or magazines a report of a lecture delivered in public
ndash Making a maximum of 3 copies for the use of a public library
ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research
October 14 2017 110
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
What is Fair Use
111October 14 2017
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Determination of Fair Use
bull Four Factor Analysisgtgtgt
bull P (Purpose)
bull N (Nature)
bull A (Amount)
bull M (Marketing)
112October 14 2017
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Copying-Qualitative or Quantitative
Copying
113October 14 2017
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 114
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Can we upload our papers in any
site wherefrom any body can download
bull It depends on the publishing agreement
you signed that specify the rights of the
authors and the rights of publishers
bull One should keep copies of the publishing
agreements for future reference
bull -Editorrsquos Version Post-print Version---X
bull -Authorrsquos Version---X radic
bull -Pre-Print-radicOctober 14 2017 115
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Plagiarism
bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work
bull publication the presentation of anotherpersons material work or idea
bull content the presentation of anotherpersons material work or idea
bull appropriation the presentation of anotherpersons material work or idea as onesown
bull lack of credit given the presentation ofanother persons material work or idea ashis or her own
116October 14 2017
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Plagiarism Vs Copyright
Infringement
117October 14 2017
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Creative Commons (CC)
bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo
bull Choose License
October 14 2017 118
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
CC Licenses
119October 14 2017
By Attribution CC BY Copy distribute display
perform amp derivative works-
commercial amp non-commercial
Non-Commercial CC BY NC Same term but only for non-
commercial
No Derivative Works CC BY ND Only verbatim no derivative works
Share Alike CC BY SA Any derivative works must share
with similar terms ie Share Alike
Non-commercial -
Share AlikeCC BY NC SA Any derivative works must share
with similar terms for non-
commercial only
Non-commercial- No
derivativesCC BY NC ND No commercial or derivative works
allowed
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Public Domain
bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable
bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight
bull In informal usage the publicdomain consists of works that arepublicly available
120October 14 2017
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Counterfeiting amp Piracy
121October 14 2017
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
bull lsquoCounterfeitingrsquo
(selling works made
to resemble a
genuine copy as by
replicating the label
the packaging or the
recording itself
bull lsquoPiracy refers to the
activity of
manufacturing
unauthorized copies
(lsquopirate copiesrsquo) of
protected material
and dealing with such
copies by way of
distribution and sale
122October 14 2017
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Technologically Protected
Digital Content
123October 14 2017
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Various Components of DRM
Content Provider DistributorConsumer
Clearing House
Royalty
124October 14 2017
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Adobe Digital a DRM System
October 14 2017 125
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
October 14 2017 126
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
October 14 2017 127
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 128
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
bull Adobe Digital Editions (ADE) uses the
proprietary ADEPT (Adobe Digital
Experience Protection Technology) Digital
Rights Management scheme which is also
implemented on some e-book readers
including iPads and many Android devices
October 14 2017 129
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Contd
October 14 2017 130
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Digital Object Identifier (DOI)
bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998
131October 14 2017
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
DOI Components
132October 14 2017
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 133
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Future of Digital Content
October 14 2017 134
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
BitTorrent amp Copyright
bull BitTorrent is a
communication protocol for the
practice of peer-to-peer file
sharing that is used to distribute large
amounts of data over the Internet
bull Use of BitTorrent to procure
illegal materials could
potentially create liability for
end users as an accomplice
bull BitTorrent to upload your homemade
movie that you want to share with the
world your use of BitTorrent is likely
legal135October 14 2017
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Ontogeny Recapitulates Phylogeny
October 14 2017 136
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Before you post in Facebook
October 14 2017 137
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
File Sharing amp Copyright
October 14 2017 138
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Before using YouTube
bull YouTube strictly
maintains lsquofair use lsquo
principle
bull It also adheres to CC
licences
bull Check Copyright
Protection in YouTube
139October 14 2017
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
October 14 2017 140
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Copyright in Cloud
October 14 2017 141
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Who is owning the copyright
gtCloud operator or Copyright
Owner
The Same is applicable
for all Social media
October 14 2017 142
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
How to Determine Copyright Infringement
bull There are 3 requirements
That there was copyingDirect evidence
Access + probative similarity
Striking similarity
Common errors
The defendant created a copytangible
fixed
The copying was improperComprehensive copying
Fragmented Literal similarity
Substantial similarityOctober 14 2017 143
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
General Principles
(1) No copyright in an idea Violation of
copyright 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
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
General Principles (2)
(3)Safest Test Does the reader
spectatorviewer have the
opinionget the unshakeable
impression that the second work is a
copy of the original (ldquothe viewer testrdquo)
(4)Same theme different presentation
rarrCompletely new work no infringement
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
General Principles (3)
(5) Where there are only incidental similarities there is no copyright infringement
(6) Copyright infringement = piracy
it must be clearly proven
(7) Very difficult to prove
violation of copyright of
stage play by a film
producer the ldquoviewer testrdquo is applicable
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Remedies
Remedies for Copyright
Infringement
Civil Criminal
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Civil Remedies
Civil Remedies
Injunction Damages Accounts Costs
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Criminal Remedies
Criminal Remedies
Cognizable Offences
Imprisonment up to 3 years
Fine up to 200000 INR
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151
Criminal Remedies
bull Copyright Act 1957 s64 empowers the
Police (any officer not below the rank of
sub-inspector) to seize infringing copies
without warrant
bull Police Raids (Power of search seizure amp
arrest without a warrant)
bull Fines (min 50000-200000 INR)
bull Imprisonment (6 months to 3 years)
Thank you for your Patience
ldquoDont copy get inspiredrdquo
― The Great Pearl of Wisdom
October 14 2017 151