What Are Copyright And Other Related Rights

What are copyright and other related rights?

What is copyright? Copyright is a legal term describing rights given to creators for their literary and artistic works. Copyright is, literally, the "right to copy" a creation. Copying may include: reproducing (as in photocopying, photographing or scanning into a computer), performing public, publishing in print or electronic format, adapting, translating and broadcasting Only the owner of copyright may do these things with a creation or authorize others to do so.

Mere ideas in themselves are not protected, only the way in which they are expressed. Copyright is the legal protection extended to the owner of the rights in an original work that he has created. It comprises two main sets of rights: The economic rights are the rights of reproduction broadcasting public performance adaptation translation public recitation public display distribution The moral rights include: the author's right to object to any distortion, mutilation or other modification of his work that might be prejudicial to his honor or reputation In principle, the term of protection is the creator's lifetime and a minimum of 50 years after his death.

Cases Suneet Varma Design Pvt. Ltd. Vs Jas Kirat Singh Narula & Anr. [2007 (34) PTC 81 (Del)]

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Allegation of infringement of copyright as the defendant used the dress in a movie which was worn by an actress

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Importance of costumes worn by actors and actresses in a film play special role and serve purpose of promotion of the movie

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Held that all kinds of clothes worn by actors cannot be stated as Fair Use permitted under sec 52 (1) (u).

What is covered by copyright? The kinds of works covered by copyright include: literary works such as novels Poems Plays reference works newspapers

Theatre at Rangashankara

computer programs

Databases

Films

musical compositions

Choreography

Paintings

drawings

photographs

Photo © David Roberts

sculpture

Architecture

advertisements

maps

technical drawings

Creativity

Creation goes through various steps which can be broadly divided 

Conception

Design & development 

Commercial manufacture.

At each of these stages, there are works which are created that can be protected in law

Examples A drawing or a sketch which can be created as the first conception of a product is a copyrightable subject matter The shape and aesthetic look given to a product is protectable under the Designs Act The final product and the brand which is given to the product are protectable under the Trade Mark Act If the shape is unique and can be identified exclusively with a specific product then the shape is also protectable

Copyright & Design

Design is for aesthetic appearance. Anything functional is not registrable as a design Copyright in a design comes to an end if the work has industrial application and is reproduced more than 50 times Is there diff. between copyright in a design and copyright in a drawing. Yes.

Bike gloves

Cases

Tahiliani Design Private Ltd. vs. Renu Tandon & Anr. C.S. (OS) No. 2222 of 2008 – Before Hon’ble Delhi High Court

“Computer” includes any electronic or similar device having information processing capabilities (added by amendment in 1995) “Duplicating equipment” means any mechanical contrivance or device used or intended to be used for making copies of any work. “Reprography” means the making of copies of a work, by photocopying or similar means “Publication means making a work available to the public by means of copies or by communicating the work to the public.” But by a review of cases one can see that protection against what is contemplated under the new WIPO treaty has already been granted by judge-made law.

Examples of some works

Choreography: art of arranging designing of ballet or stage dance in symbolic language. It is a form of dramatic work. In order to qualify for the copyright protection it must be reduced into writing.

copyrighting choreography

Ballet: The elements of ballet are the music, the story, the choreography, the scenery, and the costumes. A composite work. Such work could be the subject matter of copyright.

Painting : An artistic work whether or not it posses any artistic quality . To be entitled to copyright protection a painting must be original i.e. it should originate from the painter and not a mere copy of another painting. A painting must be on a surface of some kind. Facial make-up as such, however idiosyncratic it must be an idea, cannot possibly be a painting for the purpose of copyright act

Sculpture: –

Included in the definition of artistic work

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the work of sculpture includes casts and models.

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means the art, act, process of carving cutting, hewing, molding or constructing materials into statutes , ornaments, figures

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The act, art, process of producing figures or groups in plastic or hard materials.

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The art of sculpture is the branch of the visual arts that is especially concerned with the creation of expressive form in three dimensions.

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A sculpture should in some way express in three dimensional form an idea of the sculptor.

NEW ENCYCLOPEDIA QUOTED IN WHAM-O CASE. A Frisbee was a sculpture. Copyright subsists original sculpture. The creation of a sculpture no doubt involves good amount of skill and labor

Copyright and related rights are legal concepts and instruments which, while respecting and protecting the rights of creators in their works, also contribute to the cultural and economic development of nations. Copyright law fulfills a decisive role in articulating the contributions and rights of the different stakeholders taking part in the cultural industries and the relation between them and the public. WIPO, through its Copyright and Related Rights Sector, is committed to that crucial role. The Sector works currently on the development of international norms and standards in the area of copyright. It works closely with the Standing Committee on Copyright and Related Rights, which is presently discussing the updating of the international protection of broadcasting organizations, as well as the possible introduction of international protection of non-original databases, which presently do not qualify for protection under copyright law.

In addition, the Copyright and Related Rights Sector actively promotes the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), known together as the "WIPO Internet Treaties", by arranging meetings and seminars and providing speakers for other meetings arranged by WIPO. These treaties are part of the WIPO Digital Agenda, which sets out a series of guidelines and goals for WIPO in seeking to develop practical solutions to the challenges raised by the impact of new technologies on intellectual property rights. This site provides information concerning past and upcoming meetings organized by WIPO in the field of copyright and related rights, and provides a comprehensive archive of information resources (including documents, reports, studies and guides), resulting from WIPO's activities in these areas. The site also links to the WIPO Electronic Bookshop and other WIPO activities related to copyright, which are described under "Related Links".

Bibliography: Copyright- Wikipedia Understanding copyright and Related Rights : WIPO Copyright presentation by Prathibha N Singh Relevance of Copyright and Related Rights for SMEs Professor Prabuddha Ganguli A Copyright Tutorial By Lesley Ellen Harris Picture archive council of America

Thankyou!