What Can Be Protected

Copyright

What can be protected?

 Protects ONLY the form of expressions of Ideas

 Does not protect unexpressed Ideas

Ideas Vs Expressions

 All literary and artistic

works are liable for protection.  Includes very original work of authorship

Key Words  Originality : it should originate from the

author – product of independent creation  Fixation : – should be expressed in a material form

Categories of copyrighted works

Films

Literary

Dramatic

Music Artistic Photographic

Berne convention  The expression “ Literary and artistic works”

shall include every production in the literary, scientific and artistic domain; whatever maybe the mode or form of its expression

Can be :  Artistic creations : Books, music, paintings , sculptures, Films.  Technology based works : Computer programmes, Electronic databases

Content on

websites ‘Look and feel’  Product catalogs  Artwork and text on product literature

WHO OWNS THE COPYRIGHT IN A WORK ?

 The Creator  Exceptions:

Written agreement to the contrary Made for valuable consideration a freelance artist who created the

copyrighted work; an employer who hires employees who create copyrighted works as part of their job.

What is Not protected?  Ideas, Concepts,

Discoveries  Titles, names, short phrases, slogans  Improvised speech or dance : Works not fixed in a tangible form  Information commonly available and containing no originality

Rights Protected  Right to Tangible property :

No trespassing  Copyright ( Intangible): Owner can use the work as he wishes AND may prevent others from using it without his/her authorization

Kinds of Rights •

Economic rights

•

Moral rights

Economic rights Owner derives a

financial reward from the use of his works by others

Economic Rights  b) c) d) e)

f) g)

The owner can authorize/ Prevent Reproduction in various forms Distribution of copies Public performance Broadcasting and other communication to the public Translation to other languages Adaptation : Novel to screenplay

Right to Reproduction Most basic right Right to authorize

distribution : Owner derives economic value Right to authorize rental of copies Right to Importation

Rights of Public performance, broadcasting , communication Public performance : Any performance of a

work at a place where the public is or can be present; or at a place not open to the public , but where a substantial number of persons outside the normal circle of family etc is present Includes means of recordings

Broadcasting rights Covers the transmission for public

reception of sounds, or of images and sounds, by wireless means , whether by radio , TV, or satellite Can be replaced by equitable remuneration

Translation and adaptation rights  Needs authorization

from owner of original work AND the owner of translation and adaptation  Translation : Expression of a work in a language other than the original version  Adaptation : Modification of a work to create another work

Moral Rights Moral rights : Preserves the personal link between himself and his work b) Right to claim authorship ( Right of paternity) d) Right to object to any distortion/ Modification of the work which can be prejudicial to the 

Moral Rights Moral rights : Independent of Economic

rights Remains with the author even if economic rights are transferred Given only to Individual authors

Limitations on rights Categories of works : Ex works not fixed in tangible form  Particular acts of exploitation which can be carried out without authorization: c) Free use : No obligation to compensate the owner d) Non voluntary licenses 

Free use Quoting from a protected work Illustration for teaching purposes News reporting Some laws allow for personal, private and

non commercial use

Fair use Also called Fair dealing( Sec 52 of copyright act)  Allows without authorization : c) Nature and purpose of use : Commercial nature or for Non-profit use? d) Amount of work with respect to the whole work: Quotes/ Images not covering substantial volume e) Likely effect of the use on potential commercial value. Cannot be authorized incase the copied work exceeds the commercial work of the 

Examples of Fair use Class studying an artist using samples to

critique and analyze his/her work; Making a collage for a school project; Manipulating an image to learn Photoshop or other software.

Duration Begins at creation Life of author and 50 years after his/her

death

References Importance of Copyright in textiles ,

apparel and Lifestyles : Jyotsna Balakrishnan Relevance of Copyright and Related Rights for SMEs Professor Prabuddha Ganguli Picture archive council of America Understanding copyright and Related Rights : WIPO