Copyright Law

Copyright Law

By Dr. Kalyan C. Kankanala Brain League IP Services

© 2009 Brain League IP Services Pvt. Ltd

Philosophy of Copyright Law 

To promote creativity by granting exclusive rights for a limited period of time.  

Quid Pro Quo Gives a creative work and takes exclusive rights

Generic Life Cycle     

Author Creative Work Copyright (Exclusive Rights) Term Public domain

Nature of Copyright

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Idea/Expression Original  Originate from author Modicum of Creativity

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Registration

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R.G. Anand vs. Delux Films and Ors.      

Play - Hum Hindustani Movie - New Delhi Hum Hindustani very popular - 1953, 54, 55 and 56 Director came to meet Anand - Anand read out the play Told that he would be informed Subject- Provincialism

R.G. Anand vs. Delux Films and Ors.

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Play

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Two families - Punjabi and Madrasi family - neighbours Closely associated - Amni and Chander punjabi and madrasi families fall in love - Parents come to know - families relation strained - Girl and Boy decide to commit suicide - They write a letter - Parents on seeing letter realize the mistake - Marry them - Everyone happy.

R.G. Anand vs. Delux Films and Ors. 

Movie

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Anand young graduate from punjab comes to delhi - Fights with the girl 'Janaki'- Tries to find a place for rent but people refuse to give to any one except south indians - Disguises as a south indian and gets a place to stay - Meets the girl Janaki again – falls in love - Boy's parents come to Delhi - Girl's parents get to know the identity of Anand - Relations strained - Janaki decides to commit suicide leaving a letter - - Parents realize and get youngsters married.

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Differences - Provincialism - Marriage - Rent - Casteism - Held no copyright violation

R.G. Anand vs. Delux Films and Ors.

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Ideas not protected - Only Expression protected. It is infringement only if the expression of thought is copied. To prove copying it need not be an exact copy, It is enough if the substantial portion has been copied - Substantial similarity in incidents, scenes and treatment. Two works showing the same emotion would not be copies unless the expression has been copied. Colourable imitation amounts to violation.

R.G. Anand vs. Delux Films and Ors. 

Test - affect produced on the mind of a person - If the reader, spectator, person feels that a subsequent work is a copy of the original.

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There can be no copyright in an idea, subject matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and expression of the idea by the author of the copyrighted work.

Copyrightable Subject Matter      

Literary Dramatic Artistic Musical Cinematograph Films Sound Recordings

V. Govindan vs. E. M. Gopalakrishna Kone and another      

Compilation of a English - English - Tamil Dictionary The Appellants copied the dictionary slavishly Errors, arrangement and words. For a different purpose but retained words not necessary - School Dictionary Dictionary is protectable under copyright - creative Held - liable

N. T. Raghunathan v. All India Reporter Ltd 

AIR came up with head notes to case, which included important excerpts from the case.

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Raghunathan copied those head notes.

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Held that head notes are protectable under copyright law - Copying them is violation of copyright

Literary work 

Print or Writing Books

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Poems Computer programs Tables Compilations

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Dramatic Work    

Drama Piece for recitation Choreographic work Entertainment in a dumb show Scenic arrangements or acting form - fixed in writing or otherwise

Musical Work 

Music

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Graphical notation Does not include - words or action - sung, spoken or performed with music

Artistic Work          

Painting Sculpture Drawing Engraving Diagram Map Chart Plan Photograph Architecture

Cinematographic work     

Visual recording Any medium Produced through a process Moving image Including Sound recording

Sound Recording   

Recording Any medium Produce sounds

Term     

Literary, Dramatic, Artistic or Musical works Life plus sixty years Sixty years from publication Government - Sixty years Cinematographic work - 60 years

Ownership  

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First Owner – Author Sound recording and Cinematograph film – Producer Employment – Employer  Contract of service Commissioned work  Valuable consideration

Exclusive rights 

Bundle of rights

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Reproduction Issue copies Distribute Public performance or communication Translation Adaptation Sell or Hire

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Moral Rights    

Publication Paternity Integrity Section 57

Smt. Mannu Bhandari vs. Kala Vikas Pictures Pvt. Ltd. and another       

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Director. Kala Vikas has produced motion picture Samay Ki Dhara’ under assignment of filming rights of her novel ‘Aap Ka Bunty’. Author alleges mutilation and distortion of the novel Movie different from Novel Consequences of divorce - impact on children Mother and Father divorce and remarry leaving the child One character who was adivisional manager in the novel has been shown as a builder who gets contracts by supplying woman. The novel shows that the child becomes an orphan but the movie kills him. Held - No violation of moral rights.

Publication  

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First Publication in India Published outside India  Author citizen of India Not Published  Citizen or Domiciled in India - Creation

Publication  

Issue copies Communication to public

Performer's rights       

Actor, Musician, Juggler, Snake charmer, Acrobat, Lecturer, etc Term - 50 years Rights Make sound recording or visual recording Reproduce sound or visual recording of performance Communicate to public Broadcast or otherwise

Fortune v. Devanand  

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Movie - Darling Darling Contract that copyrights in performance belong to Devanand until the agreed 7 Lakhs is paid completely Fortune does not pay - Court issues injunction in seven territories

Transfer of Copyright  

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Assignment or License Valid only if it is in writing and signed by assignor or agent Doctrine of first sale Reversion of License - 1 year

Compulsory License 

Copyright Board

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Conditions Published or Performed in public Author refuse to republish or perform Not reasonable terms Withheld from public

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Procedure    

Complaint Enquiry Order publication or performance Reasonable compensation

Infringement   

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Section 51 Any person Without license  Owner  Registrar Does anything that is exclusive right of copyright owner

Infringement  

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Existence of copyright Owner of copyright  Copying  Access  Substantial similarity Look and feel test Abstraction-filtration and comparison test

Bradford v. Sahara       

Romance novelist Barbara Taylor Bradford - A Woman of Substance Sahara TV - 260 PART Television series inIndia Karishma - Miracles of Destiny - 13 million dollars USD Servant to head of an international organization Street sweeper to head of an international corporation Woman looking back on her life narrates Idea not expression - Held not liable

Educational Book Depot. v. Rabindra Nath Tagore 

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Dr. Rabindranath Tagore - Author of 'Gitanjali', The 'Gardener', and the 'Crescent Moon' - Published by Macmillan EBT - Intermediate poems for detailed study - 1poem out of first book - 2 out of second book and - 1 out of the third book Held infringed and granted damages of Rupees 400

Cunniah v. Balraj

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Subramanyaswamy - Hindu Deity Balasubramanya - Younger version of the deity Appellant made a picture a - Balamurugan Respondent made a similar picture - Mayura priya

Cunniah v. Balraj        

Balamurugan Mayura Priya Different colour schemes Large picture and small picture Peacock faces left and right in the other Background - Fort and Temple Court Held colourable imitation of the picture Liable for copyright infringement

Exception to copyright infringement        

Private use Teaching and Education Research Criticism or Review News reporting Judicial proceeding Legislative proceedings Archival for library

Civil Remedies 

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Injunction  Interlocutory  Permanent Damages Costs

Criminal Remedies  

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Mens Rea Imprisonment  6 months to 2 years Fine  50,000 - 2 Lakhs

State of Andhra Pradesh v. Nagoti Venkatramanan    

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Video library - VIDEO CITY 90 CASSETTES Seized Liable for infringement Have to identify the owner to make some one liable Fine - Rs. 10, 000