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CopyrightIntellectual property (IP) is a Legal concept which refers to creations of themind for which exclusive rights are recognized. Under intellectual property law, owners

are granted certain exclusive rights to a variety of intangible assets such as musical,literary, and artistic works; discoveries and inventions; and words, phrases, symbols,and designs. Common types of intellectual property rights include copyright,trademarks, patents, industrial design rights, trade dress, and in somejurisdictions trade secrets..

What is Copyright?

Copyright is a legal concept, enacted by most governments, giving the creator ofan original work exclusive rights to it, usually for a limited time. Generally, it is "the

right to copy", but also gives the copyright holder the right to be credited for the work,to determine who may adapt the work to other forms, who may perform the work,who may financially benefit from it, and other related rights. It is a form of intellectualproperty (like the patent, the trademark, and the trade secret) applicable to anyexpressible form of an idea or information that is substantive and discrete Intellectualproperty divides the universe of intellectual creations into three domains: copyrights,trademarks and patents.


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Copyright protects creative expression that has been reduced to a

tangible form, such as a book, piece of recorded music, computerprogram, screenplay, painting, photograph, or motion picture.Trademark protects brand names, literally marking items in trade. Theidea behind trademark is to protect the consumer by giving them someconfidence that items branded with a certain mark are authentic andcome from where they purport to come from.

Patent protects innovation. While you can't copyright an idea, you canpatent one

Here in the information age, virtually all intellectual creations canbe protected by some form of intellectual property law. Intellectualproperty divides the universe of intellectual creations into threedomains: copyrights, trademarks and patents. In a nutshell,copyright protects expression, trademark protects names, andpatents protect ideas


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HistoryCopyright came about with the invention of the printing press and with widerpublic literacy. As a legal concept, its origins in Britain were from a reaction to

printers' monopolies at the beginning of the 18th century. Charles II of Englandwas concerned by the unregulated copying of books and passed the Licensing ofthe Press Act 1662 by Act of Parliament , which established a register oflicensed books and required a copy to be deposited with the Stationers'Company, essentially continuing the licensing of material that had long been ineffect..

The Statute ofAnnecame into force in

1710

The British Statute of Anne (1710) further alluded toindividual rights of the artist. It began, "Whereas Printers,Booksellers, and other Persons, have of late frequently takenthe Liberty of Printing... Books, and other Writings, withoutthe Consent of the Authors... to their very great Detriment,and too often to the Ruin of them and their Families:" A rightto benefit financially from the work is articulated, and courtrulings and legislation have recognized a right to control thework, such as ensuring that the integrity of it is preserved.An irrevocable right to be recognized as the work's creatorappears in some countries' copyright laws.


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Copyright laws allows products of creative human activities, such as literaryand artistic production, to be owned and thus incentivized. Different culturalattitudes, social organizations, economic models and legal frameworks are seento account for why copyright emerged in Europe and not, for example, in Asia. In

the Middle Ages in Europe, there was generally a lack of any concept of literaryproperty due to the general relations of production, the specific organization ofliterary production and the role of culture in society. The latter refers to thetendency of oral societies, such as that of Europe in the medieval period, to viewknowledge as the product and expression of the collective, rather than to see itas individual property. However, with copyright laws, intellectual productioncomes to be seen as a product of an individual, with attendant rights. The mostsignificant point is that patent, and copyright laws support in fundamental andthoroughgoing ways the expansion of the range of creative human activities thatcan be co modified. This parallels the ways in which capitalism led to the comodification of many aspects of social life that hitherto had no monetary oreconomic value..

The Statute of Anne was the first real copyright act, and gave the publishersrights for a fixed period, after which the copyright expired.[7] Copyright hasgrown from a legal concept regulating copying rights in the publishing of booksand maps to one with a significant effect on nearly every modern industry,covering such items as sound recordings, films, photographs, software, andarchitectural works..
http://en.wikipedia.org/wiki/Copyrighthttp://en.wikipedia.org/wiki/Copyright


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ScopeCopyright may apply to a wide range of creative, intellectual, or artistic

forms, or "works". Specifics vary byjurisdiction, but these can includepoems, theses, plays and other literary works, motion pictures,choreography, music compositions, sound recordings, paintings,drawings, sculptures, photographs, computer software, radio andtelevision broadcasts, and industrial designs. Graphic designs andindustrial designs may have separate or overlapping laws applied to them insome jurisdictions

Copyright does not cover ideas and information themselves, only the form ormanner in which they are expressed .For example, the copyright to a MickeyMouse cartoon restricts others from making copies of the cartoon or creatingderivative works based on Disney's particular anthropomorphic mouse, butdoes not prohibit the creation of other works about anthropomorphic mice in

general, so long as they are different enough to not be judged copies of Disney's .In many jurisdictions, copyright law makes exceptions to these restrictions whenthe work is copied for the purpose of commentary or other related uses. Meanwhile,other laws may impose additional restrictions that copyright does not such astrademarks and patents.


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Obtaining and enforcing copyright

Typically, a work must meet minimal standards of originality in

order to qualify for copyright, and the copyright expires after a setperiod of time (some jurisdictions may allow this to be extended).Different countries impose different tests, although generally therequirements are low; in the United Kingdom there has to be some'skill, labour and judgment' that has gone into it. In Australia and theUnited Kingdom it has been held that a single word is insufficient to

comprise a copyright work. However, single words or a short string ofwords can sometimes be registered as a trademark instead.

Copyright law recognizes the right of an author based on whetherthe work actually is an original creation, rather than based on

whether it is unique; two authors may own copyright on twosubstantially identical works, if it is determined that the duplicationwas coincidental, and neither was copied from the other.


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Copyrights are generally enforced by the holder in a civil law court, butthere are also criminal infringement statutes in some jurisdictions. While centralregistries are kept in some countries which aid in proving claims of ownership,

registering does not necessarily prove ownership, nor does the fact of copying(even without permission) necessarily prove that copyright was infringed.Criminal sanctions are generally aimed at serious counterfeiting activity, but arenow becoming more commonplace as copyright collectives such as the RIAA areincreasingly targeting the file sharing home Internet user. Thus far, however,most such cases against file sharers have been settled out of court.

Cost of enforcing copyright

In most jurisdictions the copyright holder must bear the cost ofenforcing copyright. This will usually involve engaging legalrepresentation, administrative and or court costs. These costs, includingtime, should be taken into consideration when evaluating the benefits

of enforcing copyright. In light of this, many copyright disputes aresettled by a direct approach to the infringing party in order to settle thedispute out of court


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Fair use and fair dealing

Copyright does not prohibit all copying or replication. In theUnited States, the fair use doctrine, codified by theCopyright Act of 1976 as 17 U.S.C. Section 107, permitssome copying and distribution without permission of thecopyright holder or payment to same. The statute does notclearly define fair use, but instead gives four non-exclusivefactors to consider in a fair use analysis. Those factors are:

=the purpose and character of your use= the nature of the copyrighted work=what amount and proportion of the whole work

was taken, and=the effect of the use upon the potential market

for or value of the copyrighted work


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Transfer and licensing, and assignment

A copyright, or aspects of it, may be assigned or transferred from oneparty to another. For example, a musician who records an album will often signan agreement with a record company in which the musician agrees to transfer allcopyright in the recordings in exchange for royalties and other considerations.The creator (and original copyright holder) benefits, or expects to, fromproduction and marketing capabilities far beyond those of the author. In thedigital age of music, music may be copied and distributed at minimal cost

through the Internet, however the record industry attempts to providepromotion and marketing for the artist and his or her work so it can reach amuch larger audience. A copyright holder need not transfer all rights completely,though many publishers will insist. Some of the rights may be transferred, orelse the copyright holder may grant another party a non-exclusive license tocopy and/or distribute the work in a particular region or for a specified period of

time.A transfer or license may have to meet particular formal requirements in

order to be effective, for example under the Australian Copyright Act 1968 thecopyright itself must be expressly transferred in writing. Under the U.S.Copyright Act, a transfer of ownership in copyright must be memorialized in awriting signed by the transferor. For that purpose, ownership in copyrightincludes exclusive licenses of rights


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Copyright term

Copyright subsists for a variety of lengths in different jurisdictions.The length of the term can depend on several factors, including thetype of work (e.g. musical composition, novel), whether the work hasbeen published, and whether the work was created by an individualor a corporation. In most of the world, the default length of copyrightis the life of the author plus either 50 or 70 years.

Public domain

Copyright, like other intellectual property rights, is subject to astatutorily determined term. Once the term of a copyright has expired,the formerly copyrighted work enters the public domain and may be

freely used or exploited by anyone. Courts in the United States and theUnited Kingdom have rejected the doctrine of a common lawcopyright. Public domain works should not be confused with worksthat are publicly available. Works posted in the internet for example,are publicly available, but are not generally in the public domain.Copying such works may therefore violate the author's copyright


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Submitted

ByShantanu SarkarKd-(VII)Roll-18

Sneha varma

KD-(VII)Roll-19

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