3. What is Copyright?
• "Copyright" is a protection that covers published and
unpublished literary, scientific, and artistic works,
whatever the form of expression, provided such works
are fixed in a tangible or material form.
Literary works, including software
Musical works, including accompanying words
Dramatic works, including accompanying music
Pantomimes and choreographic works
Pictorial, graphic and sculptural works
Motion pictures and other audiovisual works
Sound recordings
Architectural works
4. Copyright
• A copyright protects original works of authorship.
• The protection in a copyrights does not protect the idea itself,
and thus it allows someone else to use the idea or concept in
a different manner.
• Copyrights law has become especially relevant because of the
tremendous growth of the use of the Internet, especially to
download music, literacy works, pictures, videos etc.
5. Term of Copyright…
• Copyrights are registered with the Library of
congress and will not usually require an
attorney.
• The term of copyrights is the life of author
plus 50 years.
• If author is an institution, the term of
copyrights is 75 years from publication.
6. Copyright in India…
• First Act in 1914, followed by the Copyright Act 1957.
• 1957 Act: adopted many English provisions, introduced
new ideas and concepts.
• Performing rights societies’ rights (for instance, music
royalties).
• Definition of categories in which copyright actually
subsists.
• International copyright
• Definition of infringement
• Copyright (Amendment) Act 1983,84 &92
7. Walt Disney v/s Kids Kemp
• When you order a Mickey Mouse cake for your kid's birthday,
chances are that bakery which makes them could be hauled
up for copyright infringement of Walt Disney's characters.
• A couple of years ago, two leading chains, Kids Kemp in
Bangalore and Sheetal in Mumbai, were investigated and
there was an out-of-court settlement, ranging from Rs 5-10
crore, according to sources.
8. CASE 2: Visva Bharati- Tagore copyright
violation case.
• Visva-Bharati university lodged an FIR against two
publishers for bringing out selected collections of
Rabindranath Tagore's works in violation of the
copyright act.
• Visva-Bharati had copyright of all Tagore publications
till December 31,2001 .
• Received two publications of Tagore from the
market, one costed Rs. 100 , the second book,
costed Rs. 40 and published by one Mallick library,
Bangladesh Bazar, Dhaka.
9. • The enforcement directorate was asked to
seize all copies of the two books from the
market.
• The university would retain the copyright on
Tagore's works and initiate any action after
closely going through the poet's original.
10. CASE 3 : Notices to NDTV, Zee TV in
copyright case
• The Delhi High Court issued notices to NDTV
and Zee Telefilms Ltd in a copyright case for
the show – “Jeena Isi Ka Naam Hai”.
• The Delhi High Court issued notices to New
Delhi Television Ltd and Zee Telefilms Ltd on a
suit filed by a California-based company TIYL
Production for allegedly infringing its
copyright by producing and telecasting
famous show Jeena Isi Ka Naam Hai.
11. • The counsel for the US production company
Ralph Edwards Productions, which is producing
the TIYL, contended that both NDTV and Zee TV
should be restrained from producing, telecasting
or advertising the serial Jeena Isi Ka Naam Hai as
it is an imitation and substantial reproduction of
its programme - This is Your Life (TIYL).
• The production and broadcast of the show
amounted to infringement of legal rights of the
petitioner (TIYL) by copying the format and
theme and introducing their episodes under the
deceptively similar name Jeena Isi Ka Naam.
Napster in 1999, made exchange of music files at will. The music industry scrambled and fought against this as it had impacted the sale of the music CDs and albums. After 3 years music industry was able to win this battle.Napster lost because it used central directory computers to keep track of music each user was making available online .Apple in 2003 allowed user to download the itunes at .99 $.Thus customer made their own personal ablum.
Copyright infringement is becoming a serious issue these days. It is no longer having that 'chalta hai' attitude, where the manufacturers decide to look the other way when fake products, carrying their logo are finding their way into the market. Walt Disney is one of the few companies that is actually sitting up and taking notice of this.
Recently, a wholesaler in Kolkata was arrested for 'importing' colourful towels with the bright and lively images of Donald Duck, Minnie Mouse, Pluto or Litte Mermaid. "These towels come in from China and are sold for about Rs 25 whereas a genuine Walt Disney licence holder like Bombay Dyeing would be retailing a similar towel for Rs 250 onwards," says a Delhi-based investigator specialising in copyright infringement cases, Hemant Shah