Meaning

of copyright given under section 14 Works in which the copyright subsists-section 13 Section 14 also states that author is the first owner of the creation Section 21 states that author can relinquish his right Section 30 states that author can grant permission to publish his work Section 44 provides registration of copyrights Section 52 states that which acts do not come under infringement Section 63 states the punishment for infringement of copyright

Copyright grants the owner with: Reproduction of the work Storing of the work in any medium Publication of work Performance of work in public. These rights grant owner with monetary benefits,but when this is robbed by someone else other than the owner it is called INFRINGEMENT. Copyright protects the work for a period of time When the work is copied after that period the defendant is free of infringement

 According

to section 51, Copying the work without consent from owner , provided that the defendant is not aware that such an act is infringement Sales/hires the copies of work Distributes the work for trade or to affect the owner Exhibits the work in public. An infringement can be easily identified if its a casual connection ( direct & indirect means)

 There

cannot be any infringement when the defendant has bestowed his hard work upon the borrowed material revised and then published 3 elements are required to prove infringement Substantial copying Direct evidence of copying Indirect evidence of copying

 Volume

of material ( quantity as well as quality ) may be of vital significance in a work If the defendant has done substantial copying to save his labour The extent to which owners and defendants work are competing with each other

 Errors

in defendants work as found in owners

work Similarity in language / writing style Copying with minor addition , omission or alterations Similiarities may be due to co-incidence

 Novel

by an author play ballet this is an act of indirect copying Infringement will be filed in the case even if the defendant has not seen the original work but borrowed the work from an intermediate copy CONSCIOUS ( copying with self knowledge) UNCONSCIOUS(coincidal similarity) SUB CONSCIOUS(does not aim to imitate the work but have self knowledge about the original work )

 REPRODUCTION

: is copying the work from

original In literary,dramatic work it is copying a huge amount of work from the original work In musical work it is copying all the bars of music REPROGRAPHY: reproduction by use of modern equipment In literary work , documents , drawings copied with xerox machines. Tape recorders used for copying musical work.

Section 52 includes, Reproduction of judicial proceedings,for use of members of legislature,in accordance with law Recitation of extracts of literary work in public Text books publication for use in educational institutions Reproduction by student in answer paper Making of sound recording of literary,dramatic,musical work if 1. Made with consent of the owner 2. The person making the sound recoring makes notice about it, publishes the covers in which they are to be sold

 Sound

recording held in clubs/religious institutions for non paying audience Reproduction of a speech in newspaper or magazine Making of 3 copies of a lecture or a book for public library Reproduction of unpublished work kept in library for research purpose Publishing of painting, sculpture permanently present in a place Using these sculptures as background for movies (location ) Reproduction of literary , dramatic, artistic work for research purpose

 Dictionaries

, directories , school text books: Factual information available in these books is similar to the original works There is no infringement in this case Historical work: the purpose of these books is to spread knowledge The contents in these books are not the mind work of the work to claim copyright rather they are universal facts

Quotations : they are words quoted by the speakers during meetings, can be quoted by anyone without infringement When the author arranges his quotes and if they are copied and imitated then it is a case of infringement Students guide: Purpose of a guide is to explain the text book content in a lucid manner, it can have definitions and other similarities as per the text book If the guide aims to compete the text book then it is a case of infringement

 Adaptation

of musical work leading to remix of the music is not a case of infringement The origin of the defendants music can be same as that of the plaintiffs work Only if the entire bars of the music is copied it is infringement Performance in public affecting the proprietary rights of the owner is infringement Music played at factories to boost up the workers , in record shops to increase profit is not infringement

 3D--->2D

or 2D--->3D 3D--->3D 2D--->2D is infringement Communication of work to the public is infringement To issue copies to the public To make use of the copies in movies Adaptation of artistic work Apaptation-> conversion of work into dramatic work for performance in public

 How

can it be found out? Direct copying, indirect copying Getting views from reader , spectator, viewer may help Photograph: Photo taken by a photographer cannot be displayed in his shop Eg:wedding photos

 Drawings:
Dimensional

conversions are granted only to

the owner It is not mandatory that the drawing should artistic quality to issue copyright Architectural drawings: Buildings constructed with drawings can be reconstructed with same drawing Copying the architecture of one building is infringement

 Films

on live events: ( sports, parliament speech,any other political meeting) These do not come under infringement Video films: movies taken form on screen with video cameras and broadcasted in television is an act of infringement Films based on other films: Deciding infringement in a film is not based on plot Usually they differ in location,set,songs

 CINEMATOGRAPH

FILM ON STAGE PLAY The original expression of thought /informaion is protected in the owners side When the movie is just an imitation of the original ,infringement can be filed But in case if the similarities are coincidal there is no infringement As movies have much broader perspective,wide field,bigger background,it is difficult to identify the similarities Single frame shot from a film: Taking photograph of a scene from the movie and enlarging it as a poster and publisizing it is an act of infringement

 Kinds

of remedies: Civil remedies: Injunction Damage to monetary reward Account of profit Criminal remedies: Imprisonment Imposition of fine Administrative remedies: Ban import of infringing copies to india

Kinds of civil remedies to which a plaintiff in entitled: Anton pillar order Permitting the plaintiff to inspect the documents ,files of the defendant which would provide more evidence Interlocutory injunction secures copyright from an existing infringement /continuing infringement Damages on account of profile the plaintiff suffers from the infringement , and from the conversion of his work to another. http://www.gamasutra.com/view/feature/3215/m yths_and_facts_in_avoiding_.php