This is meant for UG, PG and Ph.D scholars

1. IPR & Copy Rights in e-Content Development
Dr. Sarat Kumar Rout
Asso. Prof. Deptt. of Edu.
Ravenshaw University, Cuttack

2. What is Intellectual Property Rights (IPR)?
The rights given to people over the creation of their
minds (inventions, literary and artistic works, and
symbols, names, images, and designs used in
commerce). They usually give the creator an exclusive
right over the use of his/her creations for a certain
period of time.

3. Genesis of IPR
• Intellectual property was first recognized in the Paris
Convention for the protection of Industrial Property
(1883) and the Berne Convention for the Protection of
Literary and Artistic Works (1886).
• Both treaties are administered by the World Intellectual
Property Organization (WIPO).

4. Intellectual Property Right and India
• Department of Industrial Policy & Promotion (DIPP), Ministry
of Commerce, Government of India, has been appointed as
the nodal department to coordinate, guide and oversee the
implementation and future development of IPRs in India.
• The Cell for IPR Promotion & Management (CIPAM), setup
under a professional body under the aegis of DIPP for
implementation of objectives of the National IPR Policy.

5. India has laws covering various areas of intellectual
property as enumerated herein below:
• Trade Marks.
• Patents.
• Copyrights and Related Rights.
• Industrial Designs.
• Geographical Indications.
• Layout Designs of Integrated Circuits.
• Plant Varieties.
• Information Technology and Cyber-crimes.
• Data Protection.

6. IP ACTS ENACTED BY INDIA
Broadly, the following acts have been made to the protection of
intellectual property in India:
1. The Patents Act, 1970, as amended by the Patents (Amendment)
Act, 1999, and the Patents (Amendment) Act, 2002
2. The Copyright Act, 1957 as amended in 1999
3. The Trade marks Act, 1999
4. The Designs Act, 2000
5. The Geographical Indications of Goods (Registration and
Protection) Act, 1999
6. The Protection of Plant Varieties and Farmers Rights Act, 2001
7. Integrated Circuit Layout Designs Act, 2000
8. The Biological Diversity Act, 2002

7. Types of IPR-Brief Synopsis
1. Patents: A patent is an exclusive right granted for an invention,
which is a product or a process that provides a new way of doing
something, or offers a new technical solution to a problem. Ex-
Product, Process, Machine, Manufacture, Composition of Matter.
2. Trademarks; A trademark is a distinctive sign that may consist of
drawings, symbols, three- dimensional signs such as the shape and
packaging of goods, audible signs such as music or vocal sounds,
fragrances, or colours used as distinguishing features by a specific
person or industry or enterprise

8. Cont........
3. Trade Secrets: It may be confidential business
information that provides an enterprise a competitive
edge may be considered a trade secret. Ex: Recipes,
Marketing plans, financial projections, and methods of
conducting business can all constitute trade secrets.
4. Copyrights: The rights given to creators for their literary
and artistic works. ‘All right reserved’ . Ex: novels,
poems, plays, reference works, newspapers and
computer programs; databases; films, musical
compositions, and choreography; artistic works such as
paintings, drawings and photographs. Creators often sell
the rights to their works to individuals or companies best
able to market the works in return for payment.

9. Model of Copyright
• Transfer of Copyright Agreements and
Licences to Publish.
• The main difference between these two
models is that:
– Transfer of Copyright Agreement: the author
assigns all their rights in the work to the publisher,
including those pertaining to electronic forms and
transmissions, and can no longer exercise control
over how the publisher uses those rights.
– whereas in a Licence to Publish, the author
retains copyright and licenses specific rights to the
publisher, thus maintaining control over their rights.

10. Count......
Common rights reserved by authors or granted by
publishers in a standard book contract, whether based
on a Transfer of Copyright Agreement or Licence to
Publish, are:
– the right to make further copies of all or part of the
work for private use and classroom teaching.
– the right to reuse all or part of the work in a
compilation of a work or text book of which you are
the author.
– the right to make copies of the published work for
internal distribution within the institution that employs
you.

11. Patent Copyrights
Paten protects new and useful
inventions
Copyright protects authorship of
literary, musical and dramatic work.
Patent are science-based
protections
Copyrights are arts based
New, useful and non-obvious. Authorship must be original and
real medium.
Rights is not confer unless apply Copyright begins when work is
created
Patent provides protection for 10-
20 years from the date of
application.
Copyright is issued to the author
until his/her life plus 50-70 years.
Patent is much difficult as the
checking process of invention is
lengthy and costly.
A copyright is easy and less
complicated.

12. Violation of IPR
Violation of intellectual property right may happen in one of the
following ways:
• Plagiarism: With the availability of Internet, we can instantly copy or
share text, pictures and videos. Presenting someone else’s idea or
work as one’s own idea or work is called plagiarism.
• Copyright Infringement: Copyright infringement is when we use
other person’s work without obtaining their permission to use or we
have not paid for it, if it is being sold.
• Trademark Infringement: Trademark Infringement means
unauthorised use of other’s trademark on products and services. An
owner of a trademark may commence legal proceedings against
someone who infringes its registered trademark.(COMPUTER
SCIENCE – CLASS XI, NCERT)

13. What is a Creative Commons licence?
• Creative Commons is a movement promoting the use of CC licenses
and tools for publishing digital content with the vision of ‘realizing
the full potential of the Internet –universal access to culture,
education and research – to drive a new era of development, growth
and productivity’ (Commons, 2011; Guibault, 2011).
• Creative Commons licenses comprises a set of copyright licenses
created by CC that builds upon traditional copyright practices to
create a balance between the standard ‘all rights reserved’ method
of publishing and public domain ‘no rights reserved’.
• The licenses provide a simple and standardised framework which
allows creatives to maintain their copyright and still authorise certain
uses of their works (some rights reserved) on certain conditions
dictated by them.

15. Common Feature of all Creative Commons Licenses
• The common feature of all these licenses is that
each license, at least, allows others to copy the
released works, share them with others, and use
them by attributing the author.
• Most importantly, these licenses allow authors to
give the right to users to distribute, remix, tweak and
build upon the content of their work as per their
choice and wish.
• Authors or creators are free to decide and select
any one license, from six different types of CC
licenses, as per their philosophy and liking.

16. COUNT....
License type Read,
download,
print
Share,
distribute
Reuse, build
on
(non-
commercially)
Tweak,
remix,
translate
Reuse
commercially
CC-BY
Attribution
Yes Yes Yes Yes Yes
CC-BY-SA
Attribution
Yes Yes Yes Yes Yes
CC-BY-ND
Attribution
Yes Yes No No Yes
CC- BY-NC
Attribution
Yes Yes Yes Yes No
CC-BY-NC-
SA
Attribution
Yes Yes Yes Yes No
CC-BY-NC-
ND
Attribution
Yes Yes Yes No No
*https://creativecommons.org/

17. Are Creative Commons licences an alternative to copyright?
?

18. Copyright Creative Commons
Based on the philosophy that any creation
is a by-product of individuals knowledge or
skills
Based on the philosophy that any
creation is a by-product of collective
knowledge or skills
Supported by the argument that the
authors/creators needs reward in monetary
terms for their efforts.
Supported by the argument that helping
others for free is itself a reward for any
author/creator
The authors/creators are rewarded in
terms of royalties/payments for their works.
The authors/creators are rewarded in
terms of the mass-circulation of their works
The permission for use of the work has to
be obtained from the author/creator.
All the permissions related to the use of
works are given in advance
Only the author/publisher is authorized
to distribute or share the work.
Everyone is authorized to share, distribute,
and store the work
The users have to pay money to access
the work.
The users can access the work free of cost
The users are not authorized to edit or
make any changes.
The users are allowed to make changes
and remix under specific provisions
The copyright works may have or may
not have any visible identification.
Works have visible identification in
form of text or image licenses
Research Journal Social Sciences, 28, 1,2 & 3 (2020) : 195-215

19. How creative commons licences linked to open access
and
Why has CC BY been prioritised?
• Open access publishing aims to make research publications
available for anyone to read and reuse.
• Creative Commons licences are used because they offer an
internationally established legal structure that is aligned with
the aims of open access.
Importance of Creative Commons to Open Education
Resources
• By avoiding the automatic all rights reserved model, CC aligns
more with and serves the ideals of OERs. The CC licenses
make it easier for people to disseminate their works and share
and build upon the work of others consistent with the rules of
copyright.

20. How do I publish under Creative Commons?
• If you want to use a Creative Commons licence
for your book, you will need to discuss this
with your publisher and agree an appropriate
contract. You can find out what copyright and
self-archiving policies different publishers.

21. Are there other licences that publishers might
use to provide open access?
• Yes, some publishers have designed their own
licences to provide open access. It is not clear
whether these licences are acceptable to
RCUK for journal articles made open access on
publication.

22. Who holds the copyright for a publication published
under a Creative Commons licence?
• Under Creative Commons, the copyright remains with the
licensor (usually the author unless the publisher has been
given the right to exercise copyright).
• Publishers working with a Creative Commons licence do not
usually ask the author to assign the copyright to them, but
they might ask the author to grant them a Licence to Publish
and under a Creative Commons licence the right to identify
themselves as the original publisher.

23. Who is responsible for enforcing the Creative
Commons licence?
• The licensor is always the copyright holder, the
author or e.g. a publisher. In the event that the
publisher owns copyright, the publisher is
responsible for enforcement.
• In the event that the author is the licensor and
licences the work to the public, it will be the author.

24. Can I change my mind about a Creative
Commons licence after the work is published?
• Once your work is published under a Creative Commons
licence, you cannot prevent use under the terms of that
licence.
• Creative Commons licences are irrevocable for the
duration of applicable copyright.

25. Can my book still be sold if it is published under a Creative Commons licence?
• Yes, your book can certainly still be sold if it is published
under a CC BY licence. Indeed, this may be at the heart
of your publisher’s business model.
• Often, a PDF will be made available for free, and the
publisher will continue to charge for print and other e-
book versions, although some publishers will also make
the e-book available for free and only sell a print version.

26. If I publish my book under a CC BY licence, can
the book be translated without my permission?
• Yes, the use of a CC BY licence permits derivative
works to be made, including translations, without
seeking the licensor’s permission.
• Note that derivatives have to give appropriate credit
to the original work, provide a link to the licence, and
indicate if changes were made. Granting a CC BY
licence does not imply that the original creator
endorses any derivatives.
• If you include the ND element to your licence, users
will have to ask the licensor (be it the publisher or
the author) for permission before making any
derivatives.

27. Shall I still get royalties from a Creative Commons book?
• That will depend upon the agreement
between you and your publisher, but in
principle there is no reason why you
should not receive royalties on any sales
of a book published under a Creative
Commons licence.
• However, in most open access models,
author royalties are not paid.

28. Can/should I apply a Creative Commons licence to my research data?
• The application of CC licences to research data is not as
straightforward as to scholarly papers and books
because there are many situations in which data is not
protected by copyright. Data like names, numbers are
things that are considered ‘non-original’, part of the
public domain and thus not subject to copyright
protection.
• If your research data qualifies as an original work then
a CC BY licence should be considered. If your research
data is a database or a dataset (unstructured data that
do not meet the database definition) usually the best
option is a CC0, which waives all your rights in the
database.

29. What can I do if somebody is using my work without complying
with the conditions
of the applied Creative Commons licence?
• For example, if a re-user of CC-licensed material
does not provide the attribution required when
sharing the work, then the user no longer has the
right to continue using the material and may be
liable for copyright infringement. The licence is
terminated for the user who violated the licence.
• In case of violation of a CC licence, the licensor
can contact the re-user directly to ask to rectify the
situation or begin legal proceedings for copyright
infringement.

30. Can I specifically ask not to be attributed for a certain piece of work?
• Yes, you can.
• If you do not want to be associated with a
certain piece of work, you can ask for your
attribution to be removed and the user must
comply if reasonably practical.

31. How do OER differ from open access publications?
• Both OER and open access (OA) publications –
scholarly books and journal articles – are openly
licensed materials that imply free unrestricted access.
Unlike OA publications that may encompass the whole
range of CC licences, OER are always available under a
licence that allows adaptations (CC BY, SA, NC or their
combinations).
• Thus, CC ND-licensed materials fall out of the scope of
OER. Generally speaking, OER are usually associated
with teaching, while OA publications belong to
research practices. However, OA publications can be
used for teaching purposes and may also qualify as
OER, if released under an appropriate CC licence.

32. How do I license my work?
• Please go tohttp://creativecommons.org/choose/
and use the license chooser tool.
• It will automatically generate the CC license icon
and the notice based on your preference.
• For specific instructions, see the steps below: