The document defines copyright and intellectual property rights. It discusses that copyright is an exclusive right to copy certain intellectual works. It outlines the World Intellectual Property Organization which promotes copyright protection globally through key conventions. The document also defines the different types of intellectual property rights like patents, trademarks, industrial designs, and copyright. It discusses what copyright covers, when protection begins, exceptions, infringement, and the role of copyright in libraries.
3. Definition of Copyright
Copyright can be defined as an exclusive right to ‘copy’ certain
intellectual works created by a person.
The word “Copyright” is derived from the expression ‘copies of the
words’, first used in 1586 in this sense.
4. What stands for IPR?
• Intellectual Property refers to creations of the mind: inventions;
literary and artistic works; and symbols, names and images used
in commerce
Two categories of IPR:
Industrial Property
Intellectual Property Rights
Protects moral and material interests resulting from authorship of
scientific, literary or artistic productions.
5. World Intellectual Property Organization
Objective:
To promote the protection of intellectual property throughout the world
through cooperation among States and, where appropriate, in collaboration with
other international organizations.
Important Conventions & Treaties:
The Paris Convention for the Protection of Industrial Property in 1883
The Berne Convention for the Protection of Literary and Artistic Works-
1886
The WIPO Copyright Treaty (WCT)- 1996
The Patent Cooperation Treaty (PCT)- 1970
6. Which are the Intellectual Property Rights?
Patent
Trademarks
Trade Secrets
Industrial designs
Copyright
7. What Copyright means?
Copyright (or author’s right) is a legal term used to describe the
rights that creators have over their literary and artistic works.
Who is an Author?
Copyright covers:
Literary works - novels, poems and play
Films
Music
Artistic works - drawings, paintings, photographs and sculptures
Architectural design.
8. Legal aspects of Copyright
When Copyright protection commences for a work?
Grants legal protection
Provides reasonable access to society to encourage innovation,
research and further creativity
Rights for reproduction
Rights for modification/adaptation
Rights for distribution
Rights for public performance
9. Exceptions to the Copyright laws
Libraries and archives
For Fair Use.
The matter of disposition
What does mean by “Fair Use”..
10. Things excluded from copyright
protection
Ideas
Useful Articles
Inventions, Methods, Formulas, Devices and Processes
Facts
Names, Titles or Short Phrases
Typefaces
The Public Domain
Expired Copyright
Forfeited Copyright
Dedicated Works.
11. Copyright in perspective of Indian Copyright Act, 1957
‘Section 22 – 29 terms of Copyright’
until [sixty] years from the beginning of the calendar year..
Published literary, dramatic, musical and artistic works (other than a
photograph)
Anonymous and pseudonymous works
Posthumous work
Photographs
Cinematograph films
Records
Government work & Public undertakings
International Organizations
12. Plagiarism and Copyright Infringement
Plagiarism?
Intentional theft
Source-memory error
Ignorance
Copyright infringement - unauthorized or unlicensed copying of a
work subject to copyright
Moral rights may be infringed!
13. Criteria for Copyright Protection
Work must be original
Originality relates to the form of expression and not to the underlying
idea.
Is Copyright protects both published and unpublished works?
Copyright even applies to the drawing of a child!!
14. Civil Remedies for Infringement of Copyright
Section 55 of The Indian Copyright Act, 1957
Injunction, damages..
In case the defendant proves that at the date of the infringement he
was not aware that copyright subsisted in the work..?
15. Impact of Copyright in Library Service
In May 2009, EIFL, IFLA and LCA published a joint Statement
of Principles on Copyright Exceptions and Limitations for
Libraries
Principles are:
•Preservation
•Legal deposit
•Interlibrary loan and document supply
•Education and classroom teaching
16. Reproduction for research or private purposes
Provision for persons with disabilities
General free use exceptions applicable to libraries
Orphan works
Copyright term
Technological protection measures that prevent lawful uses
Contracts and statutory exceptions
Limitation on liability
17. Copyright and Digital Library
The success of the Information Society depends on digital content being
accessible.!
Measures used for preventing copying digital data:
Technological Protection Measure (TPM)
Digital Rights Management (DRM)
A system for identifying copyright works in the digital environment -
Digital Object Identifier (DOI)
18. Need of Copyright literacy among Librarians?
• To make use of the provisions of ‘Fair Use’ in order to satisfy the
information requirements of their users.
• Enables to render the services without violating copyright laws.
19. Library being a creature of balance in copyright law
Libraries are the only entities that provides:
Access to the vast majority of copyrighted works that lose
market vitality long before the expiration of the copyrights.
The only entities that preserve public domain materials.
Multiple roles of libraries:
As social organizations address the balance in the law.
As institutional roles pay close attention to balance and to
promote users' rights as well as creators' rights.
20. Libraries are a small but significant market for
published works
The creation of new intellectual property building on the old is
stimulated as a result of the existence of libraries.
21. Knowledge is Power!
Knowledge has been recognized not only as a source of power but
also as the primary source of property.
Knowledge is the most significant thing in this rapidly changing
society, the world over.
Explicit statutory limitations on copyright monopolies become much
more important to the future of libraries.