copyrights

Question 1

requirements of copyright protection

Answer 1

1. original literary/artistic work
2. expression of thought, not just an idea

if needs more points, just explain what CANNOT be copyrighted

Question 2

why should copyright be protected

Answer 2

1. protects rights of authors
2. encourages creativity - social and economic development

Question 3

who is an author?

Answer 3

author
composer
artist
photographer
producer
creator of CG work

joint authorship - work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other(s)

(i) in relation to literary or dramatic work, the author of the work;
(ii) in relation to a musical work, the composer;
(iii) in relation to an artistic work other than a photograph, the artist;
(iv) in relation to a photograph, the person taking the photograph;
(v) in relation to a cinematograph film or sound recording, the producer
(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created.

Question 4

copyright registration process

Answer 4

1. determine what copyright protection is sought
2. register as user
3. download and submit form 4 with documents and fees (separate app for each work)
4. examination of application within 30 days
5. objections and hearing or no objections
6. if objections statisfied, proceed to register

Question 5

what does adaptation mean

Answer 5

derivative work or remix created from a copyrighted work that is original enough to be protected by a separate copyright by virtue of creation

no right of adaptation for artistic works, cinematography or sound recording –> reproduction instead with permission from copyright owner

Reproduction refers to making copies of a work in any form, whether physical or digital. It involves duplicating the original work exactly or with minimal changes (e.g., photocopying a book, downloading music, or printing an image).

Adaptation involves creating a new, derivative work based on the original, but transforming it in some significant way. Examples include turning a novel into a movie, translating a book into another language, or creating a stage play from a film.

Question 6

adaptation vs derivation vs transformation

Answer 6

A - same as original work but may be change in format

D - based on original work but different from it since it incorporates an original contribution from its creator

T - completely new work based on raw data contained in original work

transformation would not infringe the copyright in the original work and it would not require any licence from the owner of the copyright to be able to exploit it because both an adaptation and a derivation would substantially rely on the original work, while atransformation would only use raw data in the original worki.e. ideas which are, in any case, not protectable by copyright

Question 7

performer’s rights

Answer 7

• right to make a sound or visual recording of performance
• right to reproduce sound or visual recording
• right to broadcast performance
• right to communicate performance to the public

last 25 years or until the performer consents for incorporation of performance in a film

Question 8

broadcaster’s rights

Answer 8

communication to the public by means of wireless diffusion or by wire

1. right to re-broadcast
2. right to charge for the public to see or hear it
3. right to reproduce sound or visual recording
4. right to sell or hire to public sound or visual recording of broadcast

last 25 years from the beginning of the calendar year following the year in which the broadcast is made

Question 9

moral rights

Answer 9

right to claim authorship of the work and claim damages for distortion, modification or other prejudicial acts in relation to the said work done to defame author before the expiration of the copyright term

independent of the author’s copyright and remains with him even after assignment of the copyright and economic rights

Even if an author transfers or sells their copyright (and hence economic rights) moral rights still belong to them personally, cannot be transferred, and last as long as the copyright term.

Question 10

examples of copyright infringement

Answer 10

1) making infringing copies for sale/hire
2) permitting the coyrighted performance of works in public
3) distributing infringing copies for trade including importing them into India
4) prejudicially harming copyright owner

Question 11

remedies to copyright infringement

Answer 11

1) civil - section 55 of Indian Copyright Act outlines preventive and compensatory methods
2) criminal - 6 months imprisonment and fine of at least 50k (1 year and 100k for second time)

Question 12

preventive vs compensatory remedies

Answer 12

preventive: to prevent FURTHER infringement

1) injunction - order to restrain infringer from infringing until trial
2) seizure order - of infringing material

compensatory: for losses suffered due to infringement

1) damages
2) recovering profits made by infringement

Question 13

fair use doctrine - 4 elements that determine fairness

Answer 13

nonprofit, educational purposes
*
it transforms the original work enough to change its purpose and character
*
it uses only a limited portion of the original work without harming the copyright’s value
*
copyrighted material is referenced or sampled for the purpose of reporting, parodying or providing criticism or commentary.