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Intellectual Property Rights – II

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Intellectual Property Rights – II KLE LAW ACADEMY BELAGAVI (Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College, Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai) STUDY MATERIAL for IPR II Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi Compiled by Dundappa B. Solapure, Principal K.L.E.Society's Law College, Chikodi This study material is intended to be used as supplementary material to the online classes and recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation for their examinations. Utmost care has been taken to ensure the accuracy of the content. However, it is stressed that this material is not meant to be used as a replacement for textbooks or commentaries on the subject. This is a compilation and the authors take no credit for the originality of the content. Acknowledgement, wherever due, has been provided. Course –III: Optional –V Intellectual Property Rights – II Study Materials on Intellectual Property Rights – II Objectives: Intellectual Property law has assumed great importance in recent times as a result of the recognition that “knowledge is property”. The creations of the human brain as IP Legislations are required to be understood and protected. The syllabus encompassing all relevant IP Legislations in India with a view to understand and adjust with changing needs of the society because creative works useful to society and law relating to innovation/creativity i.e. Intellectual Property is one of the fastest growing subjects all over the globe because of its significance and importance in the present era. Disseminate information on national and international IPR issues. The course is designed with view to create IPR consciousness; and familiarize the learners about the documentation and administrative procedures relating to IPR in India. Course Contents- Unit- I Introduction, Overview and History of the concept of Copyright Introduction and Overview Copyright is a legal right created by the law of a country that grants the creator of original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. Copyright is a form of intellectual property, applicable to certain forms of creative work. Under US copyright law, legal protection attaches only to fixed representations in a tangible medium. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution. Typically, the duration of a copyright spans the author's life plus 50 to 100 years. Some countries require certain copyright formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of copyright and giving users certain rights. The development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional challenges to copyright law's philosophic basis. Simultaneously, businesses with great economic dependence upon copyright, such as those in the music business, have advocated the extension and expansion of copyright and sought additional legal and technological enforcement. The word ‘copyright’ is derived from the expression ‘copier of word’ first used in the context. The word ‘copy’ is presumed to date back to 1485 A D and was used to connote a manuscript or other matter prepared for printing. Word ‘copy’ according to Black’s Law Dictionary means “transcript, imitation, reproduction of an original writing, painting, instrument or the like”. Copyright as defined in the Oxford English Dictionary is an exclusive right given by law for a certain term of years to an author, composer, etc., (or his assignors) to print, publish and sell copies of his original work. Copyright in some form seems to have been recognized in ancient times. The Roman law adjudged that if one man wrote anything on the paper or parchment of another, the writing should belong to the owner of the blank material; meaning thereby the mechanical operation of writing by the scribe deserved to receive satisfaction. The statutory definition of copyright means the exclusive right to do or authorize others to do certain acts in relation to – 1. Literary, dramatic or musical works; 2. Artistic work; 3. Cinematograph film; and 4. Sound recording. History of Copyright Copyright came about with the invention of the printing press and with wider literacy. As a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the 18th century. Charles II of England was concerned by the unregulated copying of books and passed the Licensing of the Press Act 1662 by Act of Parliament, which established a register of licensed books and required a copy to be deposited with the Stationers' Company, essentially continuing the licensing of material that had long been in effect. In the beginning copyright was confined to books only. That was under the reign of Queen Anne in 1709. Engravers got protection under copyright in 1734, textile designers in 1787, sculptors in 1798, painters, artists & photographers in 1862. Performer’s rights got recognition in 1830 and copyright was extended to musical works in 1842. Copyright Act of 1911 was extended to cover the right to production of records and prevent unauthorized reproduction of recordings. In 1956, three more rights of the author namely: 1. Copyright in Cinematograph film, 2. Broadcasting, and 3. Topographical formats were included. That was about the Copyright Act in England. Indian Copyright Act followed the same pattern of development ever since the enactment of the first Copyright Act in 1914 which was modelled on British Act of 1911. After independence the Act needed a thorough revision in view of the advanced means of communications like broadcasting and litho photography. There also arose the necessity of creating administrative bodies to implement the several provisions of the Act. Accordingly Copyright Act of 1957 was reenacted making a provision for establishment of Copyright Office and a Copyright Board. The 1886 Berne Convention first established recognition of copyrights among sovereign nations, rather than merely bilaterally. Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years, later with the passage of the Copyright, Designs and Patents Act of 1988. The United States did not sign the Berne Convention until 1989. The regulations of the Berne Convention are incorporated into the World Trade Organization's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. The 2002 WIPO Copyright Treaty enacted greater restrictions on the use of technology to copy works in the nations that ratified it. While the adoption of the Berne Convention has had many benefits for the creators of original works, the systems for protecting unpublished works remain fragmented internationally, with some states offering optional registration services within their own jurisdiction, while others offer no kind of registration at all. Without registration, it can be difficult to judge who the rightful owner of a copyrighted work is. The national registration systems may not be willing to offer support in a dispute in another country. The Intellectual Property Rights Office (also known as the IP Rights Office and the IPRO) was created in an effort to create a central international point of deposit for unpublished works from around the world, via its Copyright Registration Service. The hope is that this can provide a standard point of registration for all citizens of Berne Convention nations. Nature and Salient Features of Copyright Act Introduction Copyright is a form of intellectual property protection granted under the Indian Copyright Act 1957 to the creators of original works of authorship such as literary works (including computer programmes, tables and compilations), dramatic, musical and artistic works, cinematographic films and sound recordings. It is fairly clear that "modern" copyright is a creation of statute, and in particular, the creation of the 1709 Statute of Anne. Although there did exist proto-copyright mechanisms in various parts of the world, it would appear that none of them were comparable to the form of copyright contemplated by the 1709 statute. The changes which have been observed over the last three hundred or so years in the realm of copyright law have for the most part dealt with the nature of works protected, the nature of the protection granted to copyrightable works, and the length of time for which protection would be granted. Nature of Copyright Protection Automatic Copyright is an unregistered right which subsists automatically as soon as the work that is eligible for protection is created and recorded on some medium.
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