Writeup on Copyright Law

In: Business and Management

Submitted By anirudhs89
Words 4759
Pages 20


Introduction 3 Need for Copyright Protection 3 Scope of Copyright 4 Indian Copyright Act, 1957 5 Remedies 10 Cases 12 Conclusion 14 Bibliography 14


The world has entered an era of instant communication. A person sitting in the remotest corner of India can enjoy a live performance taking place anywhere in the world thanks to electronic (parallel) media. Telephone and fax have made it possible to communicate oral or written messages across the globe within seconds. Computer-aided communication technologies such as E-Mail and Internet have added an altogether new dimension to today's communication process by making it more speedy, informative and economical. The mode of communication of different types of information has also undergone a sea change. While all these have made communication among people more effective and efficient both in terms of time and cost, they pose a threat in terms of copyright infringement. Modern communication channels, being intensively relying on a variety of copyrighted products, are liable to be pirated on a large scale if adequate precautions are not exercised.

Need for Copyright Protection

Copyright is the right given by law to the creators of literary, dramatic, musical and a variety of other works. It ordinarily means the creator alone has the right to make copies of his or her works or alternatively, prevent others from making copies of the same. The basic idea behind such protection is the premise that innovation requires incentives. Copyright recognizes this need and gives it a legal sanction. Moreover, commercial exploitation of copyright yields income to the creators and thus enabling pecuniary rewards for an individual’s creativity.

Besides protecting the creative potential of the society, copyright contributes to a nation on the…...

Similar Documents

Software Copyright Piracy & Laws

...Software Copyright Piracy & Laws | Business Law | | This paper contains both recent and past accounts of software piracy cases. Also within the contents are definitions of what software piracy is and what has and can be done to help stop copyright infringement. | | Brandon Sampsell | 4/19/2012 | | Software Copyright Piracy & Laws The definition of software piracy is the illegal copying of software for commercial or personal gain. Software companies have tried many methods to prevent piracy, with varying degrees of success. Several agencies like the Software Publishers Association and the Business Software Alliance have been formed to combat both worldwide and domestic piracy. Software piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. In a more recent case, the case of Universal Music Australia Pty Ltd v Sharman License Holdings Ltd (2005) 220 ALR 1 was high-profile Australian litigation involving music labels suing the developers and distributors (collectively referred to as "the Sharman parties") of software that enabled access to the Kazaa a p2p network. The software, which was made available for free, enabled users to upload and download digital files like music files or data files. However, unlike earlier p2p networks the Kazaa network did not require operation through centralized servers, nor physical involvement in the transmission of the files. The essence of the litigation concerned the......

Words: 2318 - Pages: 10


...next year, providing they are passed by the House of Lords, House of Commons and European Commission. Online copyright infringers are to be issued with the first letters warning them about their behaviour, with such notifications due to be issued from early in 2014. The UK Digital Economy Act, like it or loathe it, has been surrounded by an odour from the beginning, and the stench is getting ever more vile. Documents released from Lord Mandelson’s office under the Freedom of Information Act indicated despite there being public consultation then, the public consultation process was a waste of time, and that almost nothing any participant could have said would have made a difference. PPUK Chair Loz Kaye stated that these documents show how outrageously complicit everyone from the entertainment industry, politicians and unions were in framing the Digital Economy Act. It establishes a system of law which aims to first increase the ease of tracking down and suing persistent infringers that is through the rightsholders gathering lists of Internet Protocol addresses which they believe have infringed their copyrights. They would then send each IP address to the appropriate Internet Service Provider, newly-defined in the Act as a provider of IP addresses along with a "Copyright Infringement Report". The next stage in proceedings involves the rightsholder requesting a "Copyright Infringement List" from the ISP. This contains an anonymous list of all subscribers who have "reached......

Words: 2476 - Pages: 10


...Copyright is a series of economic rights that give their owner the exclusive right to the object it protects. Copyright protection is automatic upon creation of the work. The symbol “©” is only used for notification purposes, so other parties understand that the work is protected by copyright, however it is not required for the protection to exist. Copyright protects subject-matters, which are mentioned in the Copyright Act 1968 (Cth). These subject-matters include “works”, such as: * literary works; * dramatic works; * musical works; and * artistic works including works of artistic craftsmanship. Another subject-matter protected by copyright is subject-matter other than works, such as: * films; * sound recordings; * broadcasts; and * published editions. In order for works to be copyrighted, they must satisfy two conditions. 1) The work must be original. This condition, however, does not apply for subject matters other than works. 2) The work must be in a material form. Copyright does not protect information, ideas, concepts, styles, methods, or anything that has not been physically published. It only protects the expression of ideas in any of the categories mentioned above. As a result, copyright protection only occurs when an idea, concept or information is written down, expressed visually, filmed, recorded or stored on a form of mass-storage device. In a general sense, the owner of copyright is the author of any form of works,...

Words: 307 - Pages: 2


...Salisbury” Have you ever had a product or service that you were proud of and wanted others to know it was you behind it? Well if you have, then having a trademark is the answer to that question. A trademark identifies and distinguishes the product or service of one seller or provider from another. A trademark can range from many different things, including a brand name, word, name, symbol, device, or any combination of these. Also the owner of a trademark can be an individual or a business. The trademark process may be a lengthy process, but the benefits of having a trademark will be worth it. The trademarks that will be focused on are NFL trademarks. The NFL is notorious for guarding its intellectual property rights to the full extent of the law. The NFL has multiple trademarked items, including; any team name or nickname, ”NFL,”AFC”,”NFC”. But the NFL’s most prized trademark has to deal with the Super Bowl. The NFL is very strict when it comes to all its trademarks. The NFL monitors it marketing rights, they watch for; product promotions, media promotions, viewing parties, and Nominative Fair Use. However the NFL does license out its trademarks. Before diving into the NFL trademark policy, will first talk about what a trademark is, how to acquire a trademark, and the advantages of having one. A trademark, according to the trademark office is a “brand name.” It includes any “word, name, symbol, device, or any combination, used or intended to be used to identify and......

Words: 2660 - Pages: 11

Copyright Law in India

...countries. Eight types of IPRs including patents, copyrights, trademarks, etc. have been specifically mentioned in the provisions of the TRIPS Agreement. The objectives of the TRIPS Agreement have been clearly spelt out in the Article 7 of the Agreement that the protection and enforcement of IPR should contribute to the promotion of technological innovation. It should also promote the transfer and dissemination of technology, to the mutual advantage of the producers and users, in a manner conducive to social and economic welfare. It may also be noted that India is a signatory to TRIPS Agreement and so it is obligatory to implement the same. Article 27 of TRIPS lays down that for any invention, whether product or process, patents can be granted, provided the invention is new, involves an inventive step and is capable of industrial application. Further Article 10 relating to Computer programs and compilations of data specifically lays down that computer programs whether in source or object code, shall be protected as literary works under the Berne Convention 1971, which relates to protection of literary and artistic works. It also lays down that compilations of data shall be protected as such, without any prejudice to any copyright subsisting in the data or material itself. Hence it is difficult to conclude from the TRIPS Agreement whether computer programs are to be predominantly protected under the copyright law and not under the patent law. It may be stated that making claim......

Words: 7384 - Pages: 30

How Copyright Laws Are Contracting Our Economy

...Zack Fellows Professor Gilliard English 1190 M/W 1200-155 How Patent and Copyright Laws are Contracting our Economy Patent and copyright laws have played a very intricate role in the United States economy all throughout our history. Most recently, they have played a very crucial role in protecting intellectual property, distinct types of creations of the mind for which a set of exclusive rights are recognized under corresponding fields of law. When the United States put into agreement the North American Free Trade Agreement(NAFTA) , and opened up a lot of our trade barriers with countries all of the world, the key idea was that we were going to begin to change the face of our economy. We were going to do this by profiting off of our intellectual property and enforcing our strong patent and copyright laws around the world while slowly ridding ourselves off our manufacturing base. As the years passed, patent and copyright applications soared through the roof and it seemed as if the idea of intellectual property was working very efficiently. Innovation seemed to be coming from everywhere as there was a high motive to be able to patent or copyright your idea and make heavy profits. This innovation was a crucial part in the rapid expansion of our economy during the 1990’s, but soon this expansion came to a halt. This is heavily due to the fact of the enormous number of patents and copyrights that are being issued: over 240,000 in 2010, which in turn is hindering people’s......

Words: 3176 - Pages: 13

Copyright Laws

...Will Dickey FYS 183 Copyright Law Music creativity At the young age of 12, my mom bought me a brand new stereo system for Christmas. Unbeknownst to her, the gift came hidden with a special perk that allowed me to record my favorite songs from the radio onto cassette tapes that I could give away to my friends or use to make my own mix tapes. I made a hobby of recording my favorite songs and remixing them with songs of a different genre. Five years later I became a professional DJ, using more sophisticated tools of course, but with the same creativity I had garnered from the cassette recordings. Had my mother known that she would be supplying her son with the equipment to become a copyright criminal, she probably would have thought twice about her gift and I would’ve never had the opportunity to discover my musical potential. Copyright laws in the music industry need to be changed, to allow everyone, including artists, to combine their talents with the efficiency of the Internet. In the remix culture of today, everyone has an inner-DJ. Music sharing has grown drastically from sharing cassette tapes, to burning CD’s, to p2p networking. People all over the world now share and create new music, while breaking copyright laws and industry codes in the process. Aware of their crimes or not, Internet music sharing has quickly become a competitor with the large music industry and this needs to be addressed. As Lessig proved in his book “Free Culture”, technology has......

Words: 1915 - Pages: 8


...Copyright Assignment As a professional scriptwriter, “failing to understand copyright can be a big problem for the scriptwriter both in terms of his own work or the work of others”(Almeida). I need to understand copyright laws so that I can avoid copyright infringement, but also protect my own work as well. The first thing needed to do to make sure that copyright infringement is being avoided is to understand copyright law. The most basic thing to understand first is, “what is infringement?” If someone, reproduces work in copies, prepares derivative works based upon the work, distributes copies of the work to the public by sale or other transfer of ownership, performs the work publicly, or displays the copyrighted work publicly without any exclusive rights from the owner of that work, they are an infringer of the copyright of the author (Stopping Copyright Infringement). After knowing what infringement is brings the question, “what can be copyrighted?” Literary works, paintings, photographs, drawings, films, music (and its lyrics), choreography, sculptures, and many other things can be copyrighted. Generally the law does not protect the underlying ideas (How to Avoid Copyright Infringement). “Basically, copyrights protect the ‘original works of authorship’ that are fixed in a tangible form of expression” (Almeida). Understanding these laws is vital to making sure copyright infringement is being avoided. The next step would be to make sure that nothing in the script was......

Words: 574 - Pages: 3


...Section A 1. Give an outline of the attitudes to copyright violation and illegal downloading as presented in text 1 and 3. Texts 1 and 3 represent two opposing attitudes to copyright violation and illegal downloading. In text one ‘The pirate bay’s Peter Sunde: it’s evolution, stupid, Peter Sunde, writes about his growing dissatisfaction on legislation about of copyright, opposite in text 3 “you like my poems? So pay for them” Wendy cope discuss the people who does not respect copyrights. In text 1 ”The pirate bay’s Peter Sunde: it’s evolution, stupid”. Peter Sunde himself believes that the entertainment industry refuses to evolve. The entertainment industry has made their own business to sue the people who copy and illegally downloading movies. Peter Sunde makes it clear in the text that he would like movie piracy should become legal. He claims that copyright protection is old-fashioned and seeks to convince the reader that he has been unjustly convicted for having given people the opportunity to share music and movies online.  Compered to Peter Sunde, is Wendy Cope in text tree more respectful towards the copyright law. Wendy Cope is a poet herself. She writes, among other things, that her own poems, as well as other poems are abused and how people does not respect the copyright law. Wendy Cope’s own poems are spread all over the internet and she has managed to get them removed from one or two sites. Every now and then she meets people who say “I likes your poem so...

Words: 523 - Pages: 3

Copyright Law and Aereo Inc

...I. INTRODUCTION The Copyright Act endows copyright holders the “‘exclusive’ rights to use and to authorize the use of his work in five qualified ways, including reproduction of the copyrighted work in copies”. Such act provides the copyright owner potential remedy in such a way that they are able to request an injunction, the destruction of reproduced product and additional damages or profits obtained from the infringement of such rights. The Copyright Act does not render individuals responsible for the acts of another as long as there is no knowledge or contribution towards a violation, the law clearly states, "one who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another, may be held liable as a 'contributory' infringer." This is to say that if such party was providing individuals with the ability to violate copyright laws and they were fully aware that such activity could take place they are equally responsible for the infringement. Within the context of the Sony Corporation v Universal City Studio, Inc. the ability that Sony was allotting to their clients by being providing theim a mechanism that would intergrate to their existing home entertainment system and be able to record programs from their home without the need of additional services from a third party made Sony indirectly liable for the copyright infringements. Furthermore the statutes within the 1976 Copyright Act does not make an exemption to...

Words: 2567 - Pages: 11


...Copyright 1) Copyright is something artists etc. use to protect their “work” so people can’t steal something they made and for example take the honour for it. It’s a huge trend between teenagers and some adults, to download music or movies etc. illegal because it’s free and easy. But because of the copyright you can get a penalty or in worst case go to jail if you don’t comply the rules for copyright. Texts 1 named The Pirate Bay’s Peter Sunde: It’s Evolution, stupid, written by peter Sunde, February 10 2012 – published on the website, wired.com Peter Sunde who is the main character in the article is against copyrighting because he thinks that it is ridiculous that people shall pay for listening to music or see movies on the internet etc. He thinks that copyrighting shall be free, and copyrighting should not exist. Peter Sunde has been in it himself, in 2009 he was arrested for pirate bay, he was in prison 8 months. He wants to destroy copyrighting. In contrast to Texts 2 named You like my poems? So pay for them, written by Wendy Cope, December 8 2007 – published on the website, The Guardian Wendy Cope is a writer who is outraged to see her work all over the internet. Wendy Cope is a person who is a lot into copyrighting because she writes poems and she does not want people to borrow or take her poems without her permission or without paying her. In the article is she also writing that a lot of poets etc. that their income is the money they earn through......

Words: 756 - Pages: 4


...Copyright is a legal right created by the law of a country that grants the creator of an 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.[1] 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 rightsholders.[2] These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.[3] Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws vary by country.[4] Typically, the duration of a copyright spans the author's life plus 50 to 100 years (that is, copyright typically expires 50 to 100 years after the author dies, depending on the jurisdiction). 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......

Words: 318 - Pages: 2


...author's employer owns work(s) created by an employee within the scope of employment, or that fall within one or more of the nine statutory categories, where an agreement commissioning the work is in writing and signed by the creator or creators before work begins The nine statutory categories include: contribution to a collective work; part of a movie or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas. If a work does not fit within the statutory definition of a work-for-hire, the employer may still own it if the author assigns the copyright to the employer or contractor. An author-owner is free to assign copyright to anyone, so a written contract can change these basic rules. Many publishers require assignment of copyright as a condition of publication. Policies, such as the U.T. System Intellectual Property Policy also change the ownership rules: They can permit faculty ownership of scholarly, artistic, literary, musical and educational materials within the author's field of expertise. Ownership can be complicated. Some categories of works that used to be distinct and about which there were few issues of ownership may now be merged into a single work. Scholarly works owned by faculty members can be implemented in software; works-made-for-hire can incorporate pre-existing materials that a faculty author created earlier. Other issues......

Words: 2102 - Pages: 9

Copyright Laws and Intellectual Property

...Some companies devise their formulas that have economic value as much as they would come up with new methods and processes. These inventions must not be used by any one wilily-nilly; this calls for laws to protect such innovations and intellectual properties. This has led to copyright laws and property or intellectual rights. A copyright law is a set of rules and regulations that protects a person or organization’s unique creation of invention or innovation against copying and abuse or other forms of illegal usage. The issue is that if a person has used his resources and expertise and knowledge to create a new item, no one must benefit from that item without the authorization of the inventor. In order to avoid illegal usage of another person’s property there is need for legislation to enforce compliance. The use of the property must be done with the authorization of the inventor or the creator. Some people want to be paid for the effort they would have put and the resources they would have used to come up with such an asset. Copyright laws are important because they regularize the usage of a person’s intellectual property. This is essential in business today. In the same category as the copyright laws is the intellectual property right. If there has not been property right and copyright organizations and people would use other people’s property without paying for it. That may also lead to tarnishing of other people or organizational images. Let us take an example of a trade......

Words: 1192 - Pages: 5


... Copyright laws were created to protect the rights of copyright owners. They are designed to prevent the unauthorized use of materials without the permission of the copyright holder (Bitlaw, 2010). There are five exclusive rights covered under the Copyright Act (Bitlaw, 2010). Though all of the rights may not directly pertain to all web site development, it is imperative for web site designers to be familiar with the Act to avoid violating any part of it intentionally or unintentionally. The five exclusive rights are; the right to reproduce, the right to prepare derivative works, the right to distribute copies, the right to perform, and the right to display (Bitlaw, 2010). The right to reproduce belongs to the copyright holder (Bitlaw, 2010). This means the copyright holder is the only person that has the legal right to reproduce or copy any part of the work (Bitlaw, 2010). The right to prepare derivative works is the same as reproducing in a sense, but it is regarding transferring the copy written information to another form such as video or film (Bitlaw, 2010). The copyright holder is the only person that can legally distribute the crated material as well as perform publically any part of the work (Bitlaw, 2010). The copyright law covers most works imaginable including literary work, graphics, art, choreography, music, and theatrical performances (Bitlaw, 2010). Web designers can take steps to avoid violating any part of the copyright laws. When......

Words: 466 - Pages: 2