Apr 27, 2012
CONCEPT OF COPYRIGHT
To Every Cow, Her Calf; Therefore To Every Author His/Her Copy!
ü The concept of copyright originated with this slogan by Irish King Diarmid in 6th century A.D.
ü Copyright evolved as a result of the invention of printing which revolutionized the techniques of reproduction.
ü New technology made possible easy copying of any original work.
ü The concept behind copyright is that creators of literary works have rights of ownership in their works, & those rights should be legally protected to prevent unlawful reproduction of their works.
Definition
ü Copyright is a legal term describing rights given to creators for their literary and artistic works. – WIPO
ü Copyright is the exclusive legal right to the publication, sale etc. of a literary or artistic work. – Dictionary Definition
ü Copyright is a form of protection provided by the laws of any country to the authors of “original works of authorship”.
Purpose:
The major purpose of the copyright system are:
(i) to encourage talented persons to produce creative works.
(ii) to provide incentives for the dissemination of those works.
Copyright Protection
ü Copyright protects "original works of authorship" that are fixed in a tangible form of expression.
ü Copyrightable works include the following categories:
1. Original literary works
2. musical works, including any accompanying works
3. dramatic works, including any accompanying music
4. pantomimes & choreographic works
5. pictorial, graphic, & sculptural works
6. motion pictures & other audiovisual works
7. sound recordings
8. architectural works
Features
The original creators of works protected by copyright, and their heirs, have certain basic rights:
ü They hold the exclusive right to use or authorize others to use the work on agreed terms.
ü The creator of a work can prohibit or authorize:
its reproduction in various forms, such as printed publication or sound recording; its public performance, as in a play or musical work; recordings of it, for example, in the form of compact discs, cassettes or videotapes; its broadcasting, by radio, cable or satellite; its translation into other languages, or its adaptation, such as a novel into a screenplay.ü Copyright protection also includes some moral rights,
right to claim authorship of a work right to oppose changes to it ü The creator/owner of the copyright in a work, can enforce his rights in the courts,
by inspection of premises for evidence of production or possession of illegally made "pirated" goods related to protected works. ü The owner may obtain court orders to stop such activities & can seek damages for loss of financial rewards and recognition.
Term of copyright
ü The general rule is that copyright lasts for 60 years.
ü In case of original literary, dramatic, musical and artistic works, it is counted from the year following the death of the author.
ü In case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government & works of international organizations, it is counted from the date of publication.
ü This limit enables both creators and their heirs to benefit financially for a reasonable period of time.
Copyright Notice
A copyright notice generally consists of:
ü The word ‘copyright’/ the abbreviation ‘copr.’/ copyright symbol ©
ü The year in which the work was first published
ü The name of the copyright owner
Example:
ü Copyright 2006, ABC Ltd
ü Copyright © 1997 by Donald Hearn
Requirements for copyright
- Fixation
The ideas must be fixed in some tangible medium of expression.
- Originality
A fixed expression of ideas is protected by copyright if and only if it is original.
- Minimal creativity
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