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COPYRIGHT

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Ifat Khan
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11 views14 pages

COPYRIGHT

Uploaded by

Ifat Khan
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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Copyright Law

An Overview with Case Laws


Name : ARMAN SHAIKH
Roll no : 22
Introduction to Copyright

Definition: Copyright is a
Purpose: To protect
legal right that grants the
creators’ intellectual
creator of original work
efforts and to incentivize
exclusive rights to its use
the creation of new works.
and distribution
What Can Be
Protected by
Copyright?
 Literary works Artistic works
(paintings, drawings)Musical
compositions Films Computer
software Architectural designs
Databases
Rights Under Copyright

Moral Rights: Right


Economic Rights:
to claim authorship
Right to reproduce,
and prevent
distribute, and adapt
distortion or
the work.
mutilation of work.
Duration of Copyright

General Rule: For Anonymous or


Lifetime of the Corporate Works: 60
author plus 60 years years from the date
(in many of publication
jurisdictions). (varies by country)
Key International
Agreements
 Berne Convention (1886): Ensures that
copyright protection is automatic in all
member states.
 TRIPS Agreement: Harmonizes copyright
protection with international trade laws.
Facts: The plaintiff claimed that
the defendant’s film infringed his
Important copyright in a play

Case Law
1: R.G. Judgment: The Supreme Court
Anand v. ruled that there was no
substantial similarity and rejected
M/s Delux the copyright infringement claim.

Films Importance: Established that mere


(1978) ideas or themes cannot be
copyrighted, only the expression
of ideas can be.
Important Case Law 2:
Eastern Book Company
v. D.B. Modak (2008)
 Facts: A case regarding the copyrightability
of judicial pronouncements and headnotes
written by the editors.
 Judgment: The Supreme Court held that only
the creative expression of the headnotes
written by editors can be copyrighted, not
the judicial pronouncements
themselves.Importance: Clarified the
copyright scope in compilations.
Important Case Law 3:
Indian Performing Rights
Society v. Aditya Pandey
(2011)
 Facts: The IPRS claimed copyright over
public performance rights in musical
works.Judgment: The Delhi High Court held
that public performance of pre-recorded
music in hotels and restaurants requires the
permission of copyright holders.Importance:
Reinforced the rights of copyright holders in
public performances.
Important Case Law 4:
University of London
Press Ltd v. University
Tutorial Press Ltd (1916)
 Facts: Whether examination papers could be
copyrighted.Judgment: The court held that
examination papers could be classified as
literary works and were therefore subject to
copyright.Importance: Expanded the
concept of literary works under copyright
law.
Fair Use
Doctrine
 Definition: Allows limited use of
copyrighted material without
permission for purposes such as
criticism, comment, news
reporting, teaching, scholarship, or
research.Key Factors:Purpose and
character of the useNature of the
copyrighted workAmount and
substantiality of the portion
usedEffect of the use on the
potential market
Infringement of
Copyright
 Direct Infringement: Unauthorized
reproduction, distribution, or public
performance.Secondary Infringement:
Providing tools or services that enable
infringement (e.g., software enabling illegal
downloads).
Remedies for
Copyright
Infringement
 Civil Remedies:InjunctionsDamagesAccounts
of profitsCriminal
Remedies:ImprisonmentFinesSeizure of
infringing copies
Thank you for
watching

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