Catherine Edward's Blog, page 24

MORAL RIGHTS (Copyright in India explained)

What are the moral rights of an author?The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other acts in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation. Moral rights are available to the authors even after the economic rights are assigned.Do the author’s moral rights remain after assignment of copyright?Yes. The moral rights are independent of the author’s copyright and remains with him even after assignment of the copyright.Will failure to display a work infringe the moral rights of an author?No. Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the moral rights of the author.
Source: http://copyright.gov.in/documents/handbook.html

COLLECTIVE ADMINISTRATION OF COPYRIGHTS (Copyright in India explained)

What is collective administration of copyright?Collective administration of copyright is a concept where management and protection of copyright in works are undertook by a society of owners of such works. Obviously no owner of copyright in any work can keep track of all the uses others make of his work. When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works. Because of the country’s membership in international conventions, the copyright societies are able to have reciprocal agreements with similar societies in other countries for collecting royalties for the uses of Indian works in those countries. From this it can automatically be inferred that it will be in the interests of copyright owners to join a collective administration organisation to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations. Users of different types of works also find it easy to obtain licences for legal exploitation of the works in question, though the collective administrative society.What is a copyright society?A copyright society is a registered collective administration society. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licences in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act.What are the functions of a copyright society?A copyright society may:Issue licences in respect of the rights administered by the society.Collect fees in pursuance of such licences.Distribute such fees among owners of copyright after making deductions for the administrative expenses.Are there any registered copyright societies in India?Yes. The following are the registered copyright societies in India:Society for Copyright Regulation of Indian Producers for Film and Television (SCRIPT) 135 Continental Building, Dr. A.B. Road, Worli, Mumbai 400 018, (for cinematograph and television films).The Indian Performing Right Society Limited (IPRS), 208, Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri (W), Mumbai- 400 058 (for musical works).Phonographic Performance Limited (PPL) Flame Proof Equipment Building, B.39, Off New Link Road, Andheri (West), Mumbai 400 053 (for sound recordings).
Is it necessary to obtain licences from more than one society for exploitation of a work?In many cases, it is necessary to obtain licences from more than one society. For example, playing of the sound recording of music may involve obtaining a licence from the IPRS for the public performance of the music as well as a licence from the PPL for playing the records, if these societies have the particular work in their repertoire.
Source: http://copyright.gov.in/documents/han...

FOREIGN WORKS (Copyright in India explained)

Is copyright of foreign works protected in India?Yes. Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.Does copyright subsist in a foreign work?Copyright of nationals of countries who are members of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order. A list of such countries is at Appendix- IV.Which are the international copyright conventions of which India is a member?Copyright as provided by the Indian Copyright Act is valid only within the borders of the country. To secure protection to Indian works in foreign countries, India has become a member of the following international conventions on copyright and neighbouring (related) rights:Berne Convention for the Protection of Literary and Artistic works.Universal Copyright Convention.Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms.Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
Source: http://copyright.gov.in/documents/handbook.html

BROADCASTER’S RIGHTS (Copyright in India explained)

What is a broadcast?"Broadcast" means communication to the public:by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; orby wire.What are the rights of a broadcasting organization?The rights of a broadcasting organization with reference to a broadcast are :right to re-broadcast the broadcast;right to cause the broadcast to be heard or seen by the public on payment of any charges;right to make any sound recording or visual recording of the broadcast;right to make any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; andright to sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.What is the term of protection of broadcaster’s rights?The term of protection for broadcaster’s rights is 25 years.Source: http://copyright.gov.in/documents/han...

PERFORMER’S RIGHTS (Copyright in India explained)

Who is a performer?As per the Indian Copyright Act, a "Performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance.What is a performance?"Performance" in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers.What are the rights of a performer?A performer has the following rights in his/her performance:Right to make a sound recording or visual recording of the performance;Right to reproduce the sound recording or visual recording of the performance;Right to broadcast the performance;Right to communicate the performance to the public otherwise than by broadcast.What is the term of protection of performer’s rights?Performer’s rights subsist for 25 years.What are the rights of a performer in a cinematograph film?Once a performer has consented for incorporation of his performance in a cinematograph film, he shall have no more performer’s rights to that performance.Source: http://copyright.gov.in/documents/han...

ADMINISTRATION OF COPYRIGHT LAW (Copyright in India explained)

Is there any advisory body on copyright matters?Yes. The government has set up a Copyright Enforcement Advisory Council (CEAC). The present composition of the CEAC is at Appendix- II.Are there special courts for copyright?No. There are no special courts for copyright cases. The regular courts try these cases. There is a Copyright Board to adjudicate certain cases pertaining to copyright.What are the powers of Copyright Board?The Copyright Act provides for a quasi-judicial body called the Copyright Board consisting of a Chairman and two or more, but not exceeding fourteen, other members for adjudicating certain kinds of copyright cases. The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to:hear appeals against the orders of the Registrar of Copyright;hear applications for rectification of entries in the Register of Copyrights;adjudicate upon disputes on assignment of copyright;grant compulsory licences to publish or republish works (in certain circumstances);grant compulsory licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work;hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country;fix rates of royalties in respect of sound recordings under the cover-version provision; andfix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work.The present composition of the Board is at Appendix - III.Has the Registrar of Copyrights any judicial powers?Yes. The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely,summoning and enforcing the attendance of any person and examining him on oath;requiring the discovery and production of any document;receiving evidence on affidavit;issuing commissions for the examination of witnesses or documents;requisitioning any public record or copy thereof from any court or office;any other matters which may be prescribed.Source: http://copyright.gov.in/documents/han...

TERM OF COPYRIGHT (Copyright in India explained)

Is copyright protected in perpetuity?No. It is protected for a limited period of time.What is the term of protection of copyright?The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.Source: http://copyright.gov.in/documents/handbook.html

REGISTRATION OF COPYRIGHT (Copyright in India explained)

Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
What is the procedure for registration of a work under the Copyright Act,1957?
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law. The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003, Tel: 338 4387
What are the guidelines regarding registration of a work under the Copyright Act?
Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorised dealers on payment. The procedure for registration is as follows:Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;Separate applications should be made for registration of each work;Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; andThe applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Both published and unpublished works can be registered. Copyright in works published before 21stJanuary, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.
Application for registration of copyright alongwith statement of particulars and instructions for filling up the statement of particulars are at Appendix - I.

Source: http://copyright.gov.in/documents/handbook.html 

DIFFERENT RIGHTS (Copyright in India explained)

Are copyrights same for all classes of works?
No. The rights vary according to the class of work.
What are the rights in the case of a literary work?In the case of a literary work (except computer programme), copyright means the exclusive rightTo reproduce the workTo issue copies of the work to the publicTo perform the work in publicTo communicate the work to the public.To make cinematograph film or sound recording in respect of the workTo make any translation of the workTo make any adaptation of the work.
Is translation of an original work also protected by copyright?Yes. All the rights of the original work apply to a translation also.
Are computer programmes protected under Copyright Act?Yes. Computer programmes are protected under the Copyright Act. They are treated as literary works.
Are there any special rights in computer programmes?Yes. In addition to all the rights applicable to a literary work, owner of the copyright in a computer programme enjoys the rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.
What are the rights in a dramatic work?In the case of a dramatic work, copyright means the exclusive rightTo reproduce the workTo communicate the work to the public or perform the work in publicTo issue copies of the work to the publicTo include the work in any cinematograph filmTo make any adaptation of the workTo make translation of the work.
What are the rights in an artistic work?In the case of an artistic work, copyright means the exclusive rightTo reproduce the workTo communicate the work to the publicTo issue copies of the work to the publicTo include the work in any cinematograph filmTo make any adaptation of the work.
What are the rights in a musical work?In the case of a musical work, copyright means the exclusive rightTo reproduce the workTo issue copies of the work to the publicTo perform the work in publicTo communicate the work to the publicTo make cinematograph film or sound recording in respect of the workTo make any translation of the workTo make any adaptation of the work.
What are the rights in a cinematograph film?In the case of a cinematograph film, copyright means the exclusive rightTo make a copy of the film including a photograph of any image forming part thereofTo sell or give on hire or offer for sale or hire a copy of the filmTo communicate the cinematograph film to the public.
What are the rights in a sound recording?To make any other sound recording embodying itTo sell or give on hire, or offer for sale or hire, any copy of the sound recordingTo communicate the sound recording to the public.What is the right of reproduction?The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.What is the right of communication to the public?Communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion. It is not necessary that any member of the public actually sees, hears or otherwise enjoys the work so made available. For example, a cable operator may transmit a cinematograph film, which no member of the public may see. Still it is a communication to the public. The fact that the work in question is accessible to the public is enough to say that the work is communicated to the public.
What is an adaptation?Adaptation involves the preparation of a new work in the same or different form based upon an already existing work. The Copyright Act defines the following acts as adaptations:Conversion of a dramatic work into a non dramatic workConversion of a literary or artistic work into a dramatic workRe-arrangement of a literary or dramatic workDepiction in a comic form or through pictures of a literary or dramatic workTranscription of a musical work or any act involving re-arrangement or alteration of an existing work.The making of a cinematograph film of a literary or dramatic or musical work is also an adaptation.
Can any person translate a work without the permission of the owner of the copyright in the work?No. A person cannot translate a work enjoying copyright without the permission of the copyright owner.Is there any copyright over news?No. There is no copyright over news. However, there is copyright over the way in which a news item is reported.

Source: http://copyright.gov.in/documents/handbook.html

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