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Rationale of Copyright Protection

This document discusses the rationale for copyright protection under Indian law. It defines copyright and explains that it provides exclusive rights to creators of literary, dramatic, musical and artistic works, including rights of reproduction and communication to the public. Copyright ensures minimum safeguards for creators and protects and rewards creativity, creating an atmosphere conducive to more creation. Exceptions allow some uses, like for research or review, to balance copyright owners' rights and society's interests. Copyright applies to original expressions but not ideas or facts. Fair use and the three-step test determine permitted uses without infringement. Two case studies are briefly mentioned regarding copyright infringement.

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Dhruba Ningombam
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35 views16 pages

Rationale of Copyright Protection

This document discusses the rationale for copyright protection under Indian law. It defines copyright and explains that it provides exclusive rights to creators of literary, dramatic, musical and artistic works, including rights of reproduction and communication to the public. Copyright ensures minimum safeguards for creators and protects and rewards creativity, creating an atmosphere conducive to more creation. Exceptions allow some uses, like for research or review, to balance copyright owners' rights and society's interests. Copyright applies to original expressions but not ideas or facts. Fair use and the three-step test determine permitted uses without infringement. Two case studies are briefly mentioned regarding copyright infringement.

Uploaded by

Dhruba Ningombam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Rationale of Copyright Protection

Based on:
A HAND BOOK OF COPYRIGHT LAW
Government of India
Ministry of Human Resource Development
Department of Secondary Education and Higher Education
What is copyright?
• Copyright is a right given by the law to creators of
literary, dramatic, musical and artistic works and
producers of cinematograph films and sound
recordings.
• It is a bundle of rights including, inter alia, rights
of reproduction, communication to the public,
adaptation and translation of the work.

inter alia – among other things


Definition
• the exclusive and assignable legal right, given
to the originator for a fixed number of years,
to print, publish, perform, film, or record
literary, artistic, or musical material.
Why should copyright be protected?
• Copyright ensures certain minimum
safeguards of the rights of authors over their
creations, thereby protecting and rewarding
creativity.
• The protection provided by copyright to the
efforts of creative people, creates an
atmosphere conducive to creativity, which
induces them to create more and motivates
others to create.
Can copyright law hamper economic
growth?
• If copyright protection is applied rigidly, it can
hamper progress of the society.
• To strike an appropriate and viable balance
between the rights of the copyright owners
and the interests of the society as a whole,
there are exceptions in the law.
What is copyright infringement?
• Copyright in a work is considered as infringed
only if a substantial part is made use of in an
unauthorized manner. What is ‘substantial’
varies from case to case. More often than not,
it is a matter of quality rather than quantity.
Exceptions
Copyrighted work if used for the following, is not
considered violation:
– 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
– the making of sound recordings of literary, dramatic or
musical works under certain conditions.
Scope of Copyright Act, 1957
• The Copyright Act, 1957 protects original
literary, dramatic, musical and artistic works
and cinematograph films and sound
recordings from unauthorized uses.
• Unlike the case with patents, copyright
protects the expressions and not the ideas.
There is no copyright in an idea.
Does copyright apply to titles and names ?

• Copyright does not ordinarily protect titles by


themselves or names, short word
combinations, slogans, short phrases,
methods, plots or factual information.
• Copyright does not protect ideas or concepts.
• To get the protection of copyright a work must
be original.
Interesting Case Study

Photograph: Mannie Garcia – 2006 (via The New York Times); Poster: Shephard Fairey – 2008
(via Wikipedia)

Source: https://99designs.com/blog/tips/5-famous-copyright-infringement-cases/
Fair Dealing
• Fair dealing is an important concept in Indian
copyright law.
• Provision relating to permitted use of
copyrighted work has been laid down under
section 52 of the copyright Act,1957 in the
form of fair dealing.
• It is an exception to infringement of Copyright.
Basic Principles of Fair Dealing
• Nature of Secondary Use
• Nature of Copyright
• Effects on the Market
Test of Permitted Use
• Berne Convention:-Three step test was devised for
limitation and exception for reproduction.
-It should be granted in certain special cases
-It should not conflict with the normal exploitation of
the work
-It should not unreasonably prejudice the legitimate
interest of the author

• TRIPS Agreement:-Three step test extended to all


exclusive rights conferred by copyright.
WIPO Copyright Treaty, 1996

• use for the sole purpose for teaching and


research
• quotation for criticism or review
• use for reporting current events
• use for judicial procedure……….
• use for visually and hearing impaired people…
Case Study
• ESPN Stars Sports v. Global Broadcast News ltd
and Ors.2008(36)PTC(Del)
[2007 – 08, 2nd Test, Sydney, Border-Gavaskar Trophy]

[Source: https://indiankanoon.org/doc/1468503/]
• Eastern Book Company v. Navin J
Desai(2001)PTC57(Del)

[Source: https://indiankanoon.org/doc/977497/]

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