Professional Documents
Culture Documents
What can be
protected?
Protects ONLY the form of expressions of Ideas
Literary Dramatic
Films
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
The owner can authorize/
Prevent
b) Reproduction in various
forms
c) Distribution of copies
d) Public performance
e) Broadcasting and other
communication to the
public
f) Translation to other
languages
g) 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
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