copyright act ,IPR,MLISC

1. LIS 5012 – Intellectual Property Rights
Done By
Gana.G.S.
Roll no:12
Dept.of Library and Information Science
University of Kerala

3. Copyright is a legal concept, enacted by
most governments, that grants the creator of
an original work exclusive rights to its use and
distribution, usually for a limited time, with
the intention of enabling the creator of
intellectual wealth (e.g. the photographer of a
photograph or the author of a book) to
receive compensation for their work and be
able to financially support themselves.

4. Whose rights are protected by Copyright ?
Copyright protect the rights
of authors i.e., creators of
intellectual property in the
form of literary , musical,
dramatic and artistic works
and cinematograph films
and sound recordings.

5. What are the rights in the case of an
original work ?
1. To reproduce the work.
2. To issue copies of the work to the public.
3. To perform the work in public.
4. To communicate the work to the public.
5. To make cinematograph film or sound
recording in respect of the work.
6. To make any translation of the work.
7. To make any adaptation of the work.

6. What is the procedure for registration of a
work under the Copyright Act, 1957?
The work is registered in the register of Copyrights
maintained in the copyright Office of the Department
of Education. The entries made in the Register of
Copyrights serve as prima-facie evidence in the
court of law. The Copyright Office has been set up to
provide registration facilities to all types of works
and is headed by a Registrar of Copyrights and is
located at New Delhi.

7. Term of Protection of copyright
Lifetime of the
author + 60 years
50 years from the
date of Publishing
Literary
dramatic
musical
artistic works
photographs
Anonymous and
pseudonymous works
Posthumous work
Cinematograph films
Sound records
Government work
Public undertakings
International Agencies
Broadcast Reproduction 25 years

8. Copyright infringement is
the use of works protected by
copyright law without
permission, infringing certain
exclusive rights granted to the
copyright holder, such as the
right to reproduce, distribute,
display or perform the
protected work, or to make
derivative works.

9. Indian Perspectives
- The Copyright Act 1957

10. Salient Features:
1) Copyright Office establishment and Keeping the Copyright
Register.
2) Assessing Compensation and Fixing royalty by the
copyright board.
3) Definition of Copyright was enlarged.
4) Separate copyright for components of Cinematographic
works.
5) Normal copyright term is lifetime of author + 25 years for
anonymous work, cinematograph films, photographs etc
and lifetime of author + 50 years for others.

11. 6) Right to translation of work within 10 years.
7) Issue of general or special license for public
performances.
8) License issued to make use of the copyright
persisting work, where one copy of the work to be
issued to any library.
9) International Copyright relations are regulated by
specific orders by the Central Government.
10) Fair dealing of any work for the purpose of
judicial proceeding will not consider as
infringement of copyright.

13. 1983 Amendment
 August 1983, Parliament of India.
1) Compulsory licensing for the translation of a foreign
work after the expiry of three years and for native
work after the expiry of one year from the publication
of the work, if it is required for the teaching or research
purpose.
2) Compulsory licensing of the reproduction of any edition
of a foreign literary, scientific or artistic work for the
instructional purposes after the expiry of certain
periods from the date of first publication, normally
charged.

14. Amendment 1983 Contd…
3) In case of unpublished works where the owners
of copyright cannot be traced, any person
wishing to publish / translate the work should
apply to the Copyright Board for the
permission.
An appropriate royalty will be fixed by the
Copyright board, is deposited in the Public
Account of India or in other place for a specific
period so that when the owner becoming
known, he could claim it.

15. Amendment 1983 Contd…
4) It is proposed to prescribe the terms of copyright
of the works as fifty years from the date of first
publishing.
5) Broadcasting authorities are also being permitted
to translate foreign works for broadcasting for the
purpose of systematic instructional activities.
6) Lectures, Addresses delivered in public and for the
publication of the entries made in Copyright
Register.

16. Amendment 1984 Contd…
 3 types of Piracy :
i) Piracy of the printed word.
ii) Piracy of the sound recordings.
iii) Piracy of cinematography films.
1) To increase the punishment provided for the
infringement of the copyright namely,
imprisonment from 6 months to 3 years and a fine
with a minimum of 50,000/- to 2 lakhs.
2) To provide for enhanced punishment in case of
second and subsequent convictions.

17. Amendment 1984 Contd…
3) To provide declaration of the offence of
infringement of copyright as an economic
offence so that the period of limitation provided
in the Code of Criminal Procedure,1973,for
offences will not be applicable to this offence.
4) To specifically make the provisions of the Act
applicable to video films and computer
programmes and to display certain contents
thereof.

18. Amendment 1994
1) Performers’ rights protection covering any live
visual or artistic presentation by one or more
performers.
2) To promote collective administration of the rights
of authors, composers and other creative artists.
3) Assignment of copyright by an author or artist to
protect the interest of both assigner and assignee.
4) Computer programmes, cinematograph films and
sound recording protection.

19. Amendment 1999
1) Amended definition of ‘literary work’.
2) Meaning of copyright in respect of a computer
programme.
3) Increased the term of copyright of performers
from 25 to 50 years

20. Amendment 1999 Contd…
4) Inserted certain new provisions pertaining to
the power of the Central Government to apply
the provisions relating to Broadcasting
organizations and performers to broadcasting
organizations and performers in certain other
countries, and power to restrict rights of
foreign broadcasting organizations and
performers.

21. Amendment 2012
1) In case of commissioned cinematograph work, the
commissioning party, and in case of employer-employee
relationship, the employer is considered to
be the first owner of work. Amendment clarifies that
provision will not apply in relation of literary, artistic,
musical and dramatic work in case of cinematograph
film. The author of the work is considered to be the
first owner of the work.

22. Amendment 2012 Contd…
2) Authors of literary or musical work incorporated in films
and sound recordings (not part of films) have the right to
receive royalties equal to royalties received by assignee
of such rights in case of exploitation of work (except
communication to public in cinema halls). Scriptwriters
and screenplay writers are intended to be covered under
provision.
3) Authors will get royalties in case of exploitation of work.
Amount of royalty is 50% of amount assigned to assignee.

23. Other Amendments:
1. Term of copyright for photographs has been extended to
authors life+ 60 years. Previously it was 60 years from the
date of publication
2. Sec 15 of the act relating to copyright in designs has been
amended to accommodate the design act 2000, for
introduction of new act to protect Industrial Design.
3. Amendments have been made in sec 45 to make changes
consequential to the trade mark act, 1999.
4. As per amendment in sec 30 the required condition of grant
of license is fulfilled by giving in writing. signature is not
required

24. “A court in China
has ordered Apple to pay
compensation to eight
Chinese writers and two
companies for violating
their copyrights. They had
claimed that unlicensed
electronic versions of their
books had been sold on
Apple's online store.”

25. Microsoft has filed a copyright
case against Kamlesh Kumar Jha,
the owner of New Delhi-based KK
Software Solutions, and other
defendants for allegedly indulging
in software piracy and
counterfeiting Microsoft products,
in the Delhi High Court for
permanent injunction and
damages. Jan 18, 2013

26. Conclusion
Copyright laws are aimed to ensure that the
work which is done by someone else has exclusive
rights to that person to make money and that he
should be paid by anyone who wants to make
commercial gain from that work. The fact that most
of the current generation is guilty of copyright
violations in some form or the other is indicative of
an untenable legal position.

27. REFERENCE
Textbook:
1) P.S.G.Kumar, “Information and Communication” . Kumar’s
Curriculum Series in Library and Information Science,8.
Blogs:
1) “Copyright Amendment Bill 2012 receives Indian Parliament
Ascent” - (cis- india.org/a2k/blog/analysis-copyright-amendment-bill-
2012 )
2) “Overview of changes to the Indian Copyright Law” -
(nopr.niscair.res.in/bitstream/.../1/JIPR%2017(4)%20324-334.pdf)
Websites:
http://www.bbc.com/news/business-20856199
http://www.newser.com/tag/19824/1/copyright-infringement.html
http://copyright.gov.in/
en.wikipedia.org/wiki/Copyright_law_of_India