Description
explains what is copyright, scope of copyright, rights of copyright holder, how long does copyright last, alternatives to copyright, when is copyright infringed.
© Copyright
• • • • • • • •
What is Copyright? Scope of Copyright. Rights of copyright holder. How Long Does Copyright Last? Fair Use. Alternatives to Copyright. When is copyright infringed? Civil actions and remedies
What is Copyright?
• Copyright gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain. • Applies to any expressible form of an idea or information that is substantive and discrete and fixed in a medium.
Continued..
• The copyright owner holds the economic and broadcasting or publication right. • The main motive for creative endeavors (money) disappears. If authors can’t make a living writing, most will not write. If a record company can’t profit from a band, they will sign fewer bands and cut loose the money losers.
Scope of copyright
• • • • • • • • Literary Works Musical Works Dramatic Works Choreographic Work Pictorial, Graphic, and Sculptural Works Motion Pictures and AV Sound Recordings Architectural Works
• Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. • For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but it does not prohibit the creation of other works about anthropomorphic mice in general, so long as they're not copies or adaptations of Disney's mouse. • Copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses.
Rights of copyright holder
• • • • • Right to reproduce the work. Right to prepare derivative works. Right to distribute copies for sale. Right to perform AV works publicly. Right to display musical and artistic works publicly.
Copyright is Automatic
• There is no need to include a copyright notice. (©, 2003). However, it is a good idea to do so due to ignorance. • The copyright is in force when the work is “fixed” which includes saving to disk or writing it on paper.
How Long Does Copyright Last?
• The term of copyright for literary, dramatic, musical or artistic work (other than a photograph) has a copyright for the entire lifetime of the author and for 60 years after the death of the author. • In case of a joint authorship, copyright subsists for 60 years after the death of the author who dies last. • In case of a posthumous or anonymous literary, dramatic, musical or artistic work- copyright subsists for a period of 60 years from the beginning of the calendar year next following in which the work was first published.
• After the copy right expires the document or publication or expression goes to public domain. • Anything in the public domain is useable by anyone in any way that they want. No one owns it. • Authors can choose to put work in the public domain by including a notice that the item is in the public domain. • Everything published before 1923 is in the public domain.
Fair Use
• Use of material for criticism, comment, news reporting, teaching, scholarship, and research. • Limitations apply. This includes consideration of the purpose, nature, amount and substantiality, and the effect of the use on potential value of work. • Example: You can use excerpts from a book to write a review of it. However, you can’t reproduce whole chapters of the book for reviewing purposes without permission.
Alternatives to Copyright
• Licenses – Creators can retain copyright but allow people to use content under certain terms. For example, the copyright can give schools to use content for free and without permission. Example: (http://www.creativecommons.org/) • Open License – Others can use but must credit original source. Further, any version that others create must also have the open license and be useable by others as well. Example: (http://www.wikipedia.org/).
When is copyright infringed?
• “Authorises” someone else to infringe copyright • Imports, without permission, items containing copyright material for sale or distribution; • Deals commercially with pirate copies of copyright material; • Deals commercially with items containing copyright material imported without permission; or • Permits a place of public entertainment to be used for infringing performances or screenings.
Civil actions and remedies
• Action must be taken within 6 years of the date the infringement took place. • Action can be taken in either the Federal Court or the Federal Magistrates Court • Courts may grant “interlocutory relief” and final orders
– obtain an injunction against the continuance of such threats; and – recover such damages, if any, as he has sustained by reason of such threats.
Penalty
• Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. • Imprisonment for six months with the minimum fine of Rs. 50,000/-.
References
• A HAND BOOK OF COPYRIGHT LAW, Government of India. • INFORMATION SHEET G063v08 Infringement: actions, remedies, offences and penalties March 2007 Australian copyrights counsil. •http://en.wikipedia.org/wiki/Copyright • Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code Circular 92
Thank You
doc_290938145.ppt
explains what is copyright, scope of copyright, rights of copyright holder, how long does copyright last, alternatives to copyright, when is copyright infringed.
© Copyright
• • • • • • • •
What is Copyright? Scope of Copyright. Rights of copyright holder. How Long Does Copyright Last? Fair Use. Alternatives to Copyright. When is copyright infringed? Civil actions and remedies
What is Copyright?
• Copyright gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain. • Applies to any expressible form of an idea or information that is substantive and discrete and fixed in a medium.
Continued..
• The copyright owner holds the economic and broadcasting or publication right. • The main motive for creative endeavors (money) disappears. If authors can’t make a living writing, most will not write. If a record company can’t profit from a band, they will sign fewer bands and cut loose the money losers.
Scope of copyright
• • • • • • • • Literary Works Musical Works Dramatic Works Choreographic Work Pictorial, Graphic, and Sculptural Works Motion Pictures and AV Sound Recordings Architectural Works
• Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. • For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but it does not prohibit the creation of other works about anthropomorphic mice in general, so long as they're not copies or adaptations of Disney's mouse. • Copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses.
Rights of copyright holder
• • • • • Right to reproduce the work. Right to prepare derivative works. Right to distribute copies for sale. Right to perform AV works publicly. Right to display musical and artistic works publicly.
Copyright is Automatic
• There is no need to include a copyright notice. (©, 2003). However, it is a good idea to do so due to ignorance. • The copyright is in force when the work is “fixed” which includes saving to disk or writing it on paper.
How Long Does Copyright Last?
• The term of copyright for literary, dramatic, musical or artistic work (other than a photograph) has a copyright for the entire lifetime of the author and for 60 years after the death of the author. • In case of a joint authorship, copyright subsists for 60 years after the death of the author who dies last. • In case of a posthumous or anonymous literary, dramatic, musical or artistic work- copyright subsists for a period of 60 years from the beginning of the calendar year next following in which the work was first published.
• After the copy right expires the document or publication or expression goes to public domain. • Anything in the public domain is useable by anyone in any way that they want. No one owns it. • Authors can choose to put work in the public domain by including a notice that the item is in the public domain. • Everything published before 1923 is in the public domain.
Fair Use
• Use of material for criticism, comment, news reporting, teaching, scholarship, and research. • Limitations apply. This includes consideration of the purpose, nature, amount and substantiality, and the effect of the use on potential value of work. • Example: You can use excerpts from a book to write a review of it. However, you can’t reproduce whole chapters of the book for reviewing purposes without permission.
Alternatives to Copyright
• Licenses – Creators can retain copyright but allow people to use content under certain terms. For example, the copyright can give schools to use content for free and without permission. Example: (http://www.creativecommons.org/) • Open License – Others can use but must credit original source. Further, any version that others create must also have the open license and be useable by others as well. Example: (http://www.wikipedia.org/).
When is copyright infringed?
• “Authorises” someone else to infringe copyright • Imports, without permission, items containing copyright material for sale or distribution; • Deals commercially with pirate copies of copyright material; • Deals commercially with items containing copyright material imported without permission; or • Permits a place of public entertainment to be used for infringing performances or screenings.
Civil actions and remedies
• Action must be taken within 6 years of the date the infringement took place. • Action can be taken in either the Federal Court or the Federal Magistrates Court • Courts may grant “interlocutory relief” and final orders
– obtain an injunction against the continuance of such threats; and – recover such damages, if any, as he has sustained by reason of such threats.
Penalty
• Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. • Imprisonment for six months with the minimum fine of Rs. 50,000/-.
References
• A HAND BOOK OF COPYRIGHT LAW, Government of India. • INFORMATION SHEET G063v08 Infringement: actions, remedies, offences and penalties March 2007 Australian copyrights counsil. •http://en.wikipedia.org/wiki/Copyright • Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code Circular 92
Thank You
doc_290938145.ppt