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:
ü Copyright protection also includes some moral rights,
ü The creator/owner of the copyright in a work, can enforce his rights in the courts,
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
Jun 2, 2011
ü Dr. S R Ranganathan was a visionary who realized the importance of library legislation for the promotion & development of library movement in India.
ü He was the 1st person in India who ever thought about the need for library legislation in 1925.
ü In the middle of the 20th century, owing to the efforts of Dr.S.R.Ranganathan , the 4 Indian states, via
§ Madras - 1948
§ Andhra Pradesh - 1960
§ Karnataka - 1965
§ Maharashtra - 1967
passed & enacted library legislation in their states.
ü He drafted a ‘Model Library Act’ and presented at the 1st All Asia Educational Conference, which was held in Banaras in 1930.
ü This ‘Model Library Act’ was published by the Madras Library Association in 1936.
ü He also prepared a Model Union Library Bill in 1948 & redrafted it in 1957.
ü India got the first Public Library Act through the ceaseless efforts of Dr.S.R.Ranganathan.
ü For the 1st time the Public Library Act was passed by the Madras Legislature in 1948.
“A library provided essentially as a public service, financed largely out of public money, open with few restrictions to the population of a given area for a small payment or no payment.”
The public library is rightly called the “People’s University”, since it follows the democratic principles:
“For the people,
By the people, and
Of the people.”
UNESCO's Point of View:
ü a living force for education, culture& information;
ü an essential agent for the fostering of peace and spiritual welfare through the minds of men and women;
ü the local centre of information, making all kinds of knowledge and information readily and freely available to its users;
ü Accessible for all, regardless of age, race, sex, relation, nationality, language or social status, etc.
1. Tamil Nadu (Madras) Public Libraries Act, 1948
2. Andhra Pradesh Public Libraries Act, 1960
3. Karnataka Public Library Act, 1965
4. Maharashtra Public Libraries Act, 1967
5. West Bengal Public Libraries Act, 1979
6. Manipur Public Libraries Act, 1988
7. Kerala Public Libraries Act, 1989
8. Haryana Public Libraries Act, 1989
9. Mizoram Public Libraries Act, 1989
10. Goa Public Libraries Act, 1994
11. Gujarat Public Libraries Act, 2000
12. Orissa Public Library Act, 2000
13. Rajasthan Public Library Act, 2005
14. Uttar Pradesh Public Libraries Act, 2005
15. Uttarkhand Public Libraries Act, 2005
ü In general, enactment or undertaking of something is called an Act.
ü An amendment is something which is added on after the passing the Act.
Ø Preliminary
ü An Act to provide for the establishment of public libraries in the state of Tamil Nadu, and the organization of a comprehensive rural and urban library service therein.
ü This Act may be called the Tamil Nadu Public Libraries Act, 1948.
ü It extends to the whole of the State of Tamil Nadu.
ü It came into force on 1st April, 1950.
Ø Definitions
1. ‘Aided library' means a library declared by the Director to be eligible for aid from the Government.
2. 'Director' means the Director of Public Libraries appointed under section 4.
3. ‘District' means a revenue district.
4. 'Government' means the State Government.
6. ‘Prescribed' means prescribed by rules made under this Act.
7. ‘State’ means the State of Tamil Nadu.
8. ‘Public library’ means a library established or maintained by a Local Library Authority, and includes the branches and delivery stations of such a library.
Ø The State Library Committee
The State Library Committee & Functions:
ü A State Library Committee shall be constituted by the Government for the purpose of, advising on matters relating to libraries.
ü The Director & His duties:
The Government shall appoint the director of public libraries for the state. His duties may extend to:
a) manage the central library & its branches.
b) superintend and direct all matters relating to public libraries .
c) declare in accordance with the rules made under this Act.
d) superintend and control the work of all Local Library Authorities.
e) submit to the Government every year a report on the working of libraries.
f) performs such other duties.
Ø Local Library Authorities
For the purpose of organizing and administering public libraries in the State, there shall be constituted Local Library Authorities, one for the city of Madras and one for each district.
J LLA for Madras city shall consists of:
a) 3 members elected by the Corporation of Madras
b) 8 members nominated by the government:
i) 3 shall be office-bearers of libraries situated in the City
ii) 2 shall be headmasters or head-mistresses of high schools
iii) 1 shall be the principal of a college in the City of Madras
J LLA for each district shall consist of:
a) 10 members nominated by the Director:
i) three shall be office-bearers of libraries situated in the district
ii) five shall be headmasters or head mistresses of high schools or principals of colleges
iii) 1 member elected by the members of district panchayat from among themselves
Sec. 5) Every Local Library Authority shall elect one of its members to be its Chairman.
Sec. 6) The term of office of a LLA shall be 3 years.
J Powers of LLA:
LLA may-
a) Provide suitable lands &buildings for public libraries
b) Stock libraries with books, periodicals, etc
c) Employ from time to time such staff
d) With sanction of Govt. shall close or discontinue any public library
Ø Finance & Accounts
12. (1) (a) Every Local Library Authority shall levy in its area a library cess in the form of a surcharge on the property tax or house tax levied under the Madras City Municipalities Act, 1920.
(b) A LLA may increase the rate specified in clause (a).
12. (2) The cess shall be collected
(a) by the corporation of Madras;
(b) by the municipal Council;
(c) by the Panchayat; and
(d) by the district board.
Ø Library Fund
13. (1) Every Local Library Authority shall maintain a fund called ‘Library Fund’ through which, all the expenses can be met.
(2) The following sums shall be credited to the Library Funds:-
(a) the cess collected under section 12 (2);
(b) contributions, gifts & income from endowments.
(c) special grants which the Govt. make for any specific purpose.
(d) fees, fines & other amounts collected by LLA under any rules & regulations.
(3) Government shall contribute a sum not less than the cess collected.
Ø Reports, Returns & Inspections
16. Every LLA & in charge of Public Library shall have reports & returns information which shall be furnished to the Director or any authorized person, when it is required.
17. The Director or any authorized person may inspect any public library as per the rules under this act.
Ø Rules
18. (1) The Govt. may, by notification, make rules to carry out the purpose of the Act.
(2) Such rules may provide for:-
(a) All matters required/allowed to be prescribed under this Act;
(b) The method of conducting election of members to LLAs;
(c) The maintenance of the minutes of proceedings of LLAs;
(d) The publication & reports of audited statements;
(e) Declarations, inspection & co-ordination by the Director & the standards to be maintained;
Ø Amendments Appended
An Act further to amend the Tamil Nadu Public Libraries Act, 1948.
ü Act No.5 OF 2001
1. This Act may be called the Tamil Nadu Public Libraries (Amendment) Act, 2001.
9-A. Persons employed in Local Library Authorities to be Government servants.
14-A. General Fund: A fund called General Fund with a view to assist, on requisition, for the purpose of purchase of books/furniture, etc.
18-A. Power to amend Schedule.
ü Act No. 20 OF 2007
1. (1) This Act may be called the Tamil Nadu Public Libraries (Amendment) Act, 2007.
2. (5) The members of every LLA shall select a Chairman & a Vice-Chairman from among themselves.
ü To ensure the growth of information structure
ü To ensure timely, precise & reliable accession of Information
ü To ensure maximum utilization of knowledge, we need information policies, inorder to develop the society.
ü Public libraries have always been the door to learning.
ü They are knowledge centers and contribute to life-long learning.
ü Hence it necessary to aware of the Acts which are essential for the growth of Public libraries.
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