Copyright and related rights

• Copyright law is a branch of that part of the law which deals

with the rights of intellectual creators in their creation.
• Copyright law, however, protects only the form of expression
of ideas, not the ideas themselves.
• Acquisition of copyright is automatic and it does not require
any formality.
• The copyright symbol, or copyright sign, © (a circled capital
letter C for copyright), though not a statutory requirement, it
puts infringers on notice.
• The subject-matter of copyright protection includes every
production in the literary, scientific and artistic domain,
whatever the mode or form of expression.

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Requirements of copyright

• Originality

• Creativity

• Independent of the quality or the value of the work

• Laws and official decisions or mere news of the day

are generally excluded

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What can get copyright
protection
• literary works
• musical works
• artistic works
• photographic works
• maps and technical drawings
• computer programs
• works of applied art
• phonograph records, tapes and broadcasts

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Author

• In the case of a literary or dramatic work the author,

i.e., the person who creates the work.
• In the case of a musical work, the composer.
• In the case of a cinematograph film, the producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of a computer generated work, the
person who causes the work to be created.
• A sound recording generally comprises various
rights.
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Fair deal/fair use doctrine

• for the purpose of research or private study,

• for criticism or review,
• for reporting current events,
• in connection with judicial proceeding,
• performance by an amateur club or society if the
performance is given to a non-paying audience, and
• the making of sound recordings of literary, dramatic or
musical works under certain conditions
• Gramophone Co. of India Ltd v. Super Cassette Industries
[1995 PTR 64]
• J.K.Rowling & Others v. Salt Lake Durga Puja Committee,
Kolkata
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Idea Expression dichotomy or
divide
• manifestation of an idea (i.e. an expression) is
protected rather than the idea itself
• doctrine allows for several expressions to be available
for the same idea
• Merger doctrine
• Scenes a Faire
• RG Anand v. M/s Deluxe Films
• Najma Heptulla v. Orient Longman Ltd. and Ors.
• Barbara Taylor Bradford v. Sahara Media Entertainment
Ltd
• Litchfield v. Spielberg
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Originality

• V. Errabhadrarao vs B N Sarma

• sweat of the brow: Burlington Home Shopping Pvt.

Ltd. v. Rajnish Chibber & Anr

• Feist Publications, Inc., v. Rural Telephone Service

Co.

• Eastern book co. v. D.B.Modak

• Anil Gupta And Anr. vs Kunal Dasgupta And Ors

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Rights comprised in copyright

• Right of reproduction and related rights

• Performing rights
• Recording rights
• Motion Picture rights
• Broadcasting rights
• Translation and Adaptation rights
• Moral rights (Mannu Bhandari v. Kala Vikas Motion
Pictures Ltd and Amarnath Sehgal v. Union of
India)

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Related or neighbouring rights

• the rights of performing artists in their

performances,

• the rights of producers of phonograms in their

phonograms, and

• the rights of broadcasting organizations in their

radio and television programs

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Ownership

• The owner of copyright in a work is generally the

author of the work

• Exemptions

• The “moral rights” always belong to the author of

the work, whoever may be the owner of the
copyright

• Diljeet Titus, Advocate vs. Alfred A. Adebare

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Limitations

• Temporal

• Geographic

• Permitted use

• Non-material works

• Miscellaneous

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Infringement

• Piracy
• Remedies: Civil or Criminal
• Anton Pillar orders
• Discovery against third parties
• Syndicate of Press of the University of Cambridge
& Anr v. B.D.Bhandari & Anr
• Krrazy 4 Case: Ram Sampath v. Rakesh Roshan
and Rajesh Roshan
• Fateh Singh Mehta v. O.P.Singhal

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Copyright registration
workflow

BITS Pilani, Pilani Campus

Indian office

Registrar of Copyrights
Copyright Office
Department For Promotion of Industry and Internal
Trade
Ministry of Commerce and Industry
Boudhik Sampada Bhawan, Plot No. 32, Sector 14,
Dwarka, New Delhi-110078

www.copyright.gov.in

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