Intellectual Property Rights Midterm Exam Preperation

Question and Answers of Slides : Copyrights

1) What is Copyright?
Copyright is a legal concept that grants creators the exclusive rights to use and
distribute their original works of authorship.
It protects various forms of creative expression such as literary, artistic, musical,
and dramatic works.
Example: A musician owns the copyright to their original song, which means they
have the sole right to produce, distribute, and perform it.

2) Advantages of Copyright:
Copyright allows creators to earn money from their creative works by controlling
their distribution and licensing.
Knowing their work is protected, creators are encouraged to innovate and
produce new content without fear of exploitation.
Copyright provides legal recourse against unauthorized use or reproduction of
creative works, safeguarding the interests of creators.
Strong copyright protection fosters the growth of creative industries, contributing
to economic development and job creation.

3) Copyright in Various Countries Especially Pakistan:

In Pakistan, copyright is protected under the Copyright Ordinance, 1962, and the
Copyright Rules, 1967.
The Pakistan Intellectual Property Rights Organization (IPO-Pakistan) oversees
copyright matters in the country.

4) Types of Copyright:
Economic Rights: Include rights such as reproduction, distribution, public
performance, and adaptation of the work.
Example: A novelist has the economic right to publish and sell copies of their book.

Moral Rights:
Grant creators the right to control the integrity of their work and claim authorship.
Example: An artist retains the moral right to be identified as the creator of their
painting, even if they sell it.
Intellectual Property Rights Midterm Exam Preperation

Scenario:
Munir is a talented photographer based in Karachi, Pakistan. He
speciMunirzes in capturing stunning landscapes and wildlife scenes using his
camera. Recently, Munir embarked on a photography expedition to the
northern regions of Pakistan, where he captured breathtaking images of the
majestic mountains and exotic wildlife.
As Munir returns from his expedition, he is excited to share his photographs
with the world. However, he is also concerned about protecting his creative
work and ensuring that he can benefit from his efforts.

Solution:
1. Copyright Establishment:
Munir's stunning photographs are considered his original creative works,
automatically protected by copyright as soon as they are captured in tangible form.
However, to further solidify his rights, Munir decides to officially register his
copyright with the Pakistan Intellectual Property Rights Organization (IPO-
Pakistan). This registration provides Munir with legal evidence of his ownership of
the photographs.

2. Advantages of Copyright:
Copyright protection offers several advantages to Munir. By holding the exclusive
rights to his photographs, Munir can control how they are used and distributed. He
can choose to sell prints of his images, license them for commercial use, or
showcase them in exhibitions. Copyright also provides Munir with financial
incentives, as he can earn revenue from the sale and licensing of his work.

3. Copyright Compliance in Pakistan:

Munir familiarizes himself with copyright laws in Pakistan to ensure he complies
with legal requirements. He learns about the provisions of the Copyright Ordinance,
1962, and the Copyright Rules, 1967, which govern copyright protection in the
country. Munir understands that his copyright protection extends for his lifetime plus
50 years, providing long-term benefits for him and his heirs.

4. Types of Copyright:
As the creator of his photographs, Munir holds both economic and moral rights.
Economic rights allow Munir to control the reproduction, distribution, and
commercial exploitation of his images. For example, he can sell prints of his
photographs to customers or license them to publishers for use in magazines or
advertisements. Additionally, Munir has moral rights, which enable him to be
credited as the author of his work and protect the integrity of his photographs from
any unauthorized alterations or distortions.
Intellectual Property Rights Midterm Exam Preperation

Question and Answers of Slides : Copyright Infrignment

1) Copyright Infringement:
Copyright infringement occurs when someone uses, reproduces, or distributes
copyrighted material without permission from the copyright holder.
Protection of Physical Ideas: Copyright law protects the expression of ideas
rather than the ideas themselves. This means that while the underlying ideas may
not be protected, the specific way they are expressed, such as in a book or artwork,
is protected.
Example: If a writer publishes a novel about a boy wizard attending a school of
magic, others cannot copy the exact text of the novel without permission, even if
they have similar ideas about wizardry and schools.

2) Exceptions to Copyright Infringement:

Certain circumstances allow for the use of copyrighted material without permission
from the copyright holder, known as exceptions or limitations to copyright.
Fair Use: One common exception is fair use, This is a dogma that allows limited
reuse of copyrighted material for specific purposes like literary censure, teaching,
research, parody, commentary, and journal without having permission from the
copyright holder.
Example: A film critic may use short clips from a movie in their review to illustrate
their points without infringing copyright, as long as their use is considered fair under
the circumstances.

3) Economic Impact of Copyright Infringement:

When copyrighted material is used or distributed without permission, creators lose
potential income from licensing, sales, or royalties.
Example: If a musician's song is illegally downloaded instead of being purchased
legally, the musician loses out on revenue from the sale of the song, affecting their
livelihood.

4) Famous Cases of Copyright Infringements:

Apple vs Samsung:
It’s no coincidence that Samsungs latest products look a lot like the iPhone and
iPad, from the shape of the hardware to the user interface and even the packaging
This kind of blatant copying is wrong and we need to protect Apple’s intellectual
property when companies steal our ideas.
Apple sues Samsung with sixteen claims including trademark infringement, ten
patent claims, and unjust enrichment. A jury headed by Judge Lucy Koh took the
last watch over the trial in which It was decided that Samsung Infringed on Apple L.
The same case was prolonged to ten countries and according to rulings Apple 2012
Samsung lost the first war of court and paid $930 million as damage cost.
Summary:
In April 2011, Apple sued its all-time competitor Samsung for infringing its copyrights
in Tab tablet PC and Galaxy S smartphones. The US litigation filed that Samsung
Intellectual Property Rights Midterm Exam Preperation
copied the designs for Apple’s iPhone and iPads. In this case, Apple gave reference
to its copyrights published in 2009 and 2010 that include the core technologies
along with aesthetics. Also, the packaging and activities were common in Samsung
smartphones and Apple iPhones.

Scenario:
Munir, a talented graphic designer, creates a series of unique digital
artworks depicting scenes from local folklore and mythology. He
showcases his work on his personal website and social media platforms
to attract potential clients and buyers. However, Munir soon discovers
that another artist has copied several of his artworks without permission
and is selling them as their own on an online marketplace.
How can Munir address this situation and protect his rights as the
original creator of the artworks?

Solution:
Gather Evidence: Munir should gather evidence to demonstrate that
he is the original creator of the artworks and that the other artist has
copied them without permission. This may include screenshots of his
original artworks on his website or social media, timestamps of when
they were first posted, and any communications with the infringing
artist.

Cease and Desist Letter: Munir can send a cease and desist letter to
the infringing artist, demanding that they stop using his copyrighted
artworks and remove them from the online marketplace. The letter
should outline Munir's copyright ownership, provide evidence of
infringement, and threaten legal action if the infringing activities
continue.

Consider Legal Action: If the infringing artist refuses to comply with

the cease and desist letter or if the online marketplace does not take
action, Munir may need to consider pursuing legal action against the
infringer. This may involve filing a lawsuit for copyright infringement and
seeking damages for the unauthorized use of his artworks.

Monitor for Further Infringement: Even after taking action against the
initial infringement, Munir should continue to monitor for any further
instances of infringement and be prepared to take further legal steps if
necessary to protect his intellectual property rights.