![b) Imprisonment of 6 months withthe minimum fine of Rs. 50,000 and one year with a fine of Rs. 1, 00, 000 on subsequent
infringement.
c) Action against person circumvent the effective technological measurese.g. digital piracy [Section 65A of the Copyright
(Amendment) Act, 2012]](https://image.slidesharecdn.com/copyrightinvolvedthefollowingrights-170310161512/85/Copyright-in-a-nutshell-5-320.jpg)
Copyright in a nutshell
- 1. Copyright in a nutshell Copyright involved the following rights: a) Economic rights: Reproduction rights/Performing rights/Broadcasting rights/Translation rights/Adaptation rights b) Moral rights: Right to oppose changes that may harm the creator’s reputation Author in correspondence to their class of work, rights and term of protection Author Class of work Rights Term of protection Writer, Poet, Novelist Computer programmer Literary include computer programs, tables and compilations Right of reproduction including storage to any medium by electronic or other mean; Communication to the public; Right of performance and issuing copies; Make cinematograph film or sound recording; Adaptation and translation of the work; In addition to above, computer programmer shall enjoy rights to sell or give on hire or offer for sale or hire irrespective to the fact that it was done before. 60 years counted from the year following the death of the author Dramatist Dramatic Right of reproduction including storage to any medium by electronic or other mean; Communication to the public Right of issuing copies; Make cinematograph film or sound recording; Adaptation and translation of the work; 60 years counted from the year following the death of the author Lyricist (lyrics) + Composer (setting music) + Singer (singing a song) + Musician (performing background music) + Producer (produce sound recording) Musical work consisting of music and include graphical notation but does not include any words or action to be sung, spoken or performed with the music Right of reproduction including storage to any medium by electronic or other mean; Communication to the public; Right of performance and issuing copies; Make cinematograph film or sound recording; Adaptation and translation of the work; 60 years counted from the year following the death of the author Painter, photographer Artistic work (painting, sculpture, drawing, engraving or photograph; architecture work; artistic craftmanship) Right of reproduction including storage to any medium by electronic or other mean; Communication to the public; Right of issuing copies; Make cinematograph film or sound recording; Adaptation of the work; 60 years period counting from the date of publication
- 2. Producer Cinematograph film (audio-visual recording) Make a copy of film including a photograph of any image forming part thereof; Communicate the cinematograph film to the public; Sell or give on hire or offer for sale or hire a copy of the film 60 years period counting from the date of publication Producer Sound recording means recording of sound from which sounds may be produced irrespective to the medium or method e.g. phonogram, CD-ROM Make any other sound recording embodying it; Communicate sound recording to the public; Sell or give on hire or offer for sale or hire a copy of the sound recording 60 years period counting from the date of publication Neighbor rights Author Class of work Rights Term of protection Performer (an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, lecturer) Performers rights: visual or acoustic presentation of performer Audio visual recording; Reproduction of audio visual recording; Broadcasting the performance; Communicate the performance to the public other than broadcasting mean 25 years Broadcasting Organisation Broadcaster’s rights: Wire or wireless diffusion Re-broadcast; Broadcast on payment of charges; audio visual recording of broadcast; Right to sell or hire or offer to sale or hire any audio visual recording 25 years Copyright serve global protection: Copyright protection apply automatically to all member states of Berne Convention. At present, there are 171 members out of total 192 countries in the world. However, to protect your work worldwide, it is advisable to research first and comply with legal requirement of a country(ies) of your interest because Copyright is territorial right and some countries have provision of mandatory registration. For generating the economic benefits, a copyright owner should preferably be a part of collective management organization (CMO) who will function to monitor use of work, negotiate on license and collect remuneration on their behalf and where the user can make one stop shops. In India, the copyright owner may update their licensing status with the following CMOs:
- 3. TYPE OF LICENSE TV Radio Online Production Mechanical Performance/Renting Live events Products Others Indian Reprographic Rights Organization- Literary work Indian Performing Right Society Limited (IPRS)- Musical work Public Performance NPPL Phonographic Performance Limited (PPL)- Sound recording Society for copyright regulation of Indian Producers for Film and Television (SCRIPT)- Cinematograph and Television
- 4. Rights Management Information Title/information identifying the work or performance Name of the author/performer Name and address of the owner of rights Number or code representing information Remarks Here, a serious note for those who use contents from public domain, kindly pay some attention on the copyright limitation or exception condition of license because if you put off the limiting condition,there will be a breach of right. However,to maintain a balance between the interest of the copyright owner and the user, certain use for the purpose of education, libraries and person with disabilities are unrestrictedly allowed while taking the account of public interest. Factors deciding royalty for copyright owner: Republishing/Performing the work Broadcasting of any work 1) Proposed retail price of a copy of the work or rate on which the work is performed in public. 2) Prevailing standards of royalties with regard to publication or performance of the work. 3) Other factors to be deemed fit by the concerning authority. 1) Time slot in which the broadcast takesplace and different rates for different time slot including the repeat broadcast. 2) Different rates for different classes of works. 3) Prevailing standards of royalties in reference to the work. 4) Terms and conditions included in the Grant of Permission Agreement (GOPA) between Ministry of Information and Broadcasting and the broadcaster for Operating Frequency Modulation (FM) Radio Broadcasting Service 4) Other factors to be deemed fit by the concerning authority. Remedies can be sought: I) Civil nature: a) Control import of infringing copy, disposal of infringing copies (Section 53 of the Copyright (Amendment) Act, 2012) b) Injunction c) Account for damages (Where the unauthorized reproduction is on internet, notify the concerning ISP to prevent accessibility by following “notice and take down procedure”.) II) Criminal nature: a) Seize goods without warrant
- 5. b) Imprisonment of 6 months withthe minimum fine of Rs. 50,000 and one year with a fine of Rs. 1, 00, 000 on subsequent infringement. c) Action against person circumvent the effective technological measurese.g. digital piracy [Section 65A of the Copyright (Amendment) Act, 2012]