Assignment on Book Publishing Laws Paper-II

Registrar of Newspapers for India The Office of the Registrar of Newspapers for India, more popularly known as RNI came into being on 1st July, 1956, on the recommendation of the First Press Commission in 1953 and by amending the Press and Registration of Books Act 1867. The Press and Registration of Books Act contains the duties and functions of the RNI. On account of some more responsibilities entrusted upon RNI during all these years, the office is performing both statutory as well as some non-statutory functions. Under Statutory Functions, the following jobs are covered: Compilation and maintenance of a Register of Newspapers containing particulars about all the newspapers published. Issue of Certificate of Registration to the newspapers published under valid declaration; Scrutiny and analysis of annual statements sent by the publishers of newspapers every year under Section 19-D of the Press and Registration of Books Act containing information on circulation, ownership etc; Informing the District Magistrates about availability of titles, to intending publishers for filing declaration; Ensuring that newspapers are published in accordance with the provisions of the Press and Registration of Books Act 1867 and the Rules made there under. Verification under Section 19-F of the PRB Act, of circulation claims furnished by the publishers in their Annual Statements; and Preparation and submission to the Government on or before 31st December each year, a report containing all available information and statistics about the press in India with particular reference to the emerging trends in circulation and in the direction of common ownership units etc. The following items fall under the non-statutory functions: Formulation of Newsprint Allocation Policy - Guidelines and issue of Eligibility Certificate to the newspapers to enable them to import newsprint and to procure indigenous newsprint. Assessing and certifying the essential need and requirement of newspaper establishments to import printing and composing machinery and allied materials.

World Intellectual Property Organization The World Intellectual Property Organization (WIPO) is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world." WIPO currently has 186 member states, administers 25 international treaties, and is headquartered in Geneva, Switzerland. The current Director-General of WIPO is Francis Gurry, who took office on October 1, 2008. 185 of the UN Members as well as the Holy See are Members of WIPO. Non-members are the states of South Sudan, Cook Islands,Marshall Islands, Federated States of Micronesia, Nauru, Niue, Palau, Solomon Islands,Timor-Leste, Tuvalu, and the states with limited recognition. Palestine has observer status. History The predecessor to WIPO was the BIRPI (Bureaux Internationaux Runis pour la Protection de la Proprit Intellectuelle, French acronym for United International Bureaux for the Protection of Intellectual Property), which had been established in 1893 to administer the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property. WIPO was formally created by the Convention Establishing the World Intellectual Property Organization, which entered into force on April 26, 1970. Under Article 3 of this Convention, WIPO seeks to "promote the protection of intellectual property throughout the world." WIPO became a specialized agency of the UN in 1974. The Agreement between the United Nations and the World Intellectual Property Organization notes in Article 1 that WIPO is responsible "for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property to the developing countries in order to accelerate economic, social and cultural development, subject to the competence and responsibilities of the United Nations and its organs, particularly the United Nations Conference on Trade and Development, the United Nations Development Programme and the United Nations Industrial Development Organization, as well as of the United Nations Educational, Scientific and Cultural Organization and of other agencies within the United Nations system." The Agreement marked a transition for WIPO from the mandate it inherited in 1967 from BIRPI, to promote the protection of intellectual property, to one that involved the more complex task of promoting technology transfer and economic development. Unlike other branches of the United Nations, WIPO has significant financial resources independent of the contributions from its Member States. In 2006, over 90% of its income of just over CHF 250 million was expected to be generated from the collection of fees by the International Bureau (IB) under the intellectual property application and registration systems

which it administers (the Patent Cooperation Treaty, the Madrid system for trademarks and the Hague system for industrial designs). In October 2004, WIPO agreed to adopt a proposal offered by Argentina and Brazil, the "Proposal for the Establishment of a Development Agenda for WIPO" - from the Geneva Declaration on the Future of the World Intellectual Property Organization. This proposal was well supported by developing countries. The agreed "WIPO Development Agenda" (composed of over 45 recommendations) was the culmination of a long process of transformation for the organization from one that had historically been primarily aimed at protecting the interests of right holders, to one that has increasingly incorporated the interests of other stakeholders in the international intellectual property system as well as integrating into the broader corpus of international law on human rights, environment and economic cooperation. A number of civil society bodies have been working on a draft Access to Knowledge Treaty which they would like to see introduced. In December 2011, WIPO published its first World Intellectual Property Report on the Changing Face of Innovation, the first such report of the new Office of the Chief Economist World Intellectual Property Report. WIPO is also a co-publisher of the Global Innovation. In April 2012, Fox News first reported the shipment of computers by WIPO to North Korea and Iran, in an alleged violation of U.S. and U.N. sanctions, triggering an investigation by the U.S. State Department. WIPO reacted by stating that the shipment did not violate the U.N. sanctions against North Korea, and that this was "part of WIPOs standard technical assistance program to developing countries, later announcing in July 2012 that it would discontinue the provision of computers to all countries. After a preliminary assessment, the U.S. State Department announced on July 24, 2012 that WIPO didn't appear to have violated U.N. sanctions. In September 2012, an independent investigative report commissioned by WIPO found that while the shipments were legal, they were "unjustified" and states that WIPO violated American export control legislation. The report also said that the violations were worse than was previously known. In November 2012, a US Congressional investigation team arrives in Geneva to facilitate questioning members of the WIPO staff. Information network WIPO has established WIPO net, a global information network. The project seeks to link over 300 intellectual property offices (IP offices) in all WIPO Member States. In addition to providing a means of secure communication among all connected parties, WIPO net is the foundation for WIPO's intellectual property services. Directors-General 1st - Georg Bodenhausen - 1970 - 1973 2nd - rpd Bogsch - 1973 -1997

3rd - Kamil Idris - 1997 - 2008 4th - Francis Gurry - 2008 - till date Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne,Switzerland, in 1886. Content The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way as it recognizes the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created. In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law. Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, it continued to make statutory damages and attorney's fees only available for registered works). Applicability Under Article 3, the protection of the Convention applies to nationals and residents of signatory countries, and to works first published or simultaneously published (under Article 3(4), "simultaneously" is defined as "within 30 days") in a signatory country. Under Article 4, it also applies to cinematic works by persons who have their headquarters or habitual residence in a signatory country, and to architectural works situated in a signatory country. Country of origin The Convention relies on the concept of "country of origin". Often determining the country of origin is straightforward: when a work is published in a signatory country and nowhere else, this is the country of origin. However, under Article 5(4), when a work is published simultaneously in several signatory countries (under Article 3(4), "simultaneously" is defined as "within 30 days"), the country with the shortest term of protection is defined as the country of origin. For works simultaneously published in a signatory country and one or more non-signatory countries, the signatory country is the country of origin. For unpublished works or works first published in a non-signatory country (without publication within 30 days in a signatory country), the author's nationality usually provides the country of origin, if a national of a signatory country. (There are exceptions for cinematic and architectural works.)

In the internet age, publication online may be considered publication in every sufficiently internet-connected jurisdiction in the world. It is not clear what this may mean for determining "country of origin". In Kernel v. Mosley, a U.S. court "concluded that a work created outside of the United States, uploaded in Australia and owned by a company registered in Finland was nonetheless a U.S. work by virtue of its being published online". However other U.S. courts in similar situations have reached different conclusions. Copyright term The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms,[5] as the European Union did with the 1993 Directive on harmonising the term of copyright protection. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works (such as phonorecords and motion pictures) may be provided shorter terms.

If the author is unknown, for example the author was deliberately anonymous or worked under a pseudonym, the Convention provides for a term of 50 years after publication ("after the work has been lawfully made available to the public"). However if the identity of the author becomes known, the copyright term for known authors (50 years after death) applies. Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, Article 7(8) states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work",i.e., an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the rule of the shorter term". Not all countries have accepted this rule. Fair use The Berne Convention authorizes countries to allow "fair" uses of copyrighted works in other publications or broadcasts. The Agreed Statement of the parties to the WIPO Copyright Treaty of 1996 states that: "It is understood that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Treaty or the Berne Convention." This language may mean that Internet service providers are not liable for the infringing communications of their users. Critics claim that the convention does not mention any other rights of consumers of works except for fair use.

COPE The Committee on Publication Ethics (COPE) was established in 1997 by a small group of medical journal editors in the UK but now has over 7000 members worldwide from all academic fields. Membership is open to editors of academic journals and others interested in publication ethics. Several major publishers (including Elsevier, WileyBlackwell, Springer, Taylor & Francis, Palgrave Macmillan and Wolters Kluwer) have signed up their journals as COPE members. COPE provides advice to editors and publishers on all aspects of publication ethics and, in particular, how to handle cases of research and publication misconduct. It also provides a forum for its members to discuss individual cases (meeting four times a year in the UK and once a year in North America). COPE does not investigate individual cases but encourages editors to ensure that cases are investigated by the appropriate authorities (usually a research institution or employer). All COPE members are expected to follow the Code of Conduct for Journal Editors. COPE will investigate complaints that members have not followed the Code. COPE also funds research on publication ethics, publishes a quarterly newsletter and organises annual seminars in the UK and the USA. COPE has also created an audit tool for members to measure compliance with its Code of Conduct and Best Practice Guidelines for Journal Editors. What guidance is available on this website (for members and non-members)? COPE Code of Conduct and Best Practice Guidelines for Journal Editors Flowcharts on how to handle common ethical problems Other COPE guidelines (eg on retractions) Sample letters (to adapt for use)

Database of all cases discussed at COPE Forum (including podcasts of the discussion (where available), the advice given and the outcome of cases) Benefits of COPE membership COPE members can: Receive advice on individual cases via the Forum Access the eLearning package (due Q2 2011)

Use the ethical audit tool to see how well their journals match COPEs guidelines Use the COPE logo in their journal Apply for COPE research grants Stand for election to COPE Council

How is COPE run? Constitution COPE is registered as a charitable company limited by guarantee in the UK and was set up by a Memorandum of Association on 3 October 2007 (updated 18 March 2011). It is also a registered charity (number 1123023). COPEs principal Objects are the promotion, for the public benefit, of ethical standards of conduct in research and ethical standards in the publication of academic journals. COPEs income is derived exclusively from subscriptions from its members journal editors, publishers and others affiliated with publishing. COPE submits an annual report to the Charities Commission and to Companies House. Appointment or election of Trustees The members of COPE Council act as the Trustees; they and the COPE officers are nominated and elected by the full COPE membership according to the procedures laid out in the Memorandum and Articles of Association and in the Regulations of COPE. COPE officers are the Chair, Vice Chair, Treasurer, and Secretary. There are up to 14 other Council members. The biographies and conflict of interest declarations of all the council members are posted on the COPE website. COPE Council members and officers work voluntarily, without any remuneration except for travel, accommodation and other necessary expenses incurred in undertaking COPE business, according to COPEs expenses policy. The COPE Ombudsperson is appointed by the full Council and works voluntarily and independently without any remuneration except for travel and accommodation expenses. The Ombudsperson adjudicates complaints brought against COPE by its members; appeals against COPE rulings or advice relating to complaints against COPE members for not following the COPE codes of conduct for editors and publishers; if two or more members cannot agree on how to handle a complaint involving both their publications. The Ombudsperson does not have any voting rights on council. Organisational structure and decision making Strategic management of COPE forms the principal responsibility of the elected Council and the officers. The Council members are also required to become directors of the limited company. Day-to-day operational activities are managed by COPEs full time Operations Manager. The administration of the activities of COPE is carried out by a freelance Administrator. Managing the bank account and all financial transactions is the responsibility

of the Operations Manager with oversight by the Treasurer and the finance sub-committee if needed. The COPE website is managed by a freelance Web Manager who is contracted to work for COPE. The officers meet monthly to decide on operational issues. All meetings have agendas and minutes that are circulated to the full Council. All strategic decisions (or for example expenditure over a certain amount) are decided by the full Council at the quarterly meetings, of which agendas and minutes are circulated to the full Council. Some activities are delegated to sub-committees but these are answerable to the full Council and any decisions are agreed by the full Council at the quarterly meetings. Conflicts of interest All council members are required to declare potential or actual conflicts of interests on a yearly basis. These declarations are posted on the COPE website. In addition, council members are required to declare potential or actual conflicts of interests at the beginning of each council meeting. These declarations are minuted and the council member must recuse themselves from discussions on any items where they have a competing interest. Objectives COPE was established to provide a range of services and products aimed primarily, but not exclusively, at editors and publishers of academic journals and designed to provide advice and guidance on best practice for dealing with ethical issues in journal publishing. In addition, COPE has published a Code of Conduct and Best Practice Guidelines for Journal Editors and Publishers and expects those editors and publishers registered as Members to adhere to the Code. Other COPE resources include: flowcharts on managing ethical issues; a full archive of all cases presented at Forum; guidelines and discussion documents; an eLearning course (members only); and video, audio and PowerPoint slides of seminar presentations. COPE has supported the UK Panel for Research Integrity (UKRIO) and the World Conferences on Research Integrity (Lisbon 2007, Singapore 2010, Montreal 2013). It also has links with the Council of Science Editors, the European Association of Science Editors, the International Society of Managing and Technical Editors and the World Association of Medical Editors.

Bibliography
http://rni.nic.in/ http://en.wikipedia.org/wiki/World_Intellectual_Property_Organization http://en.wikipedia.org/wiki/Berne_Convention http://publicationethics.org/about