Topic

Copyright act as a Intellectual

Property Right
FOR THE FOLLOWING CASES :-
1. KARISHMA INTERACTION SAHARA.
2. CONTROVERSY OF DA VINCI CODE.
3. BETIYA APNA YA PARAYA DHAN.

Presented to: Prof Amdekar

Div No : A1 By Group no : 3
 Group no: 3

Laveena Teki (27)

Karan Varma (25 )
Mahesh Seth (29 )
Robin john (41)
Raghav Kapoor (39)
Kalyani Singh (23)
Miqdaad Dohadwala (33)
Megha Gupta (31)
 Flow of our presentation
Intellectual Property Right.
Copyright
Terms of Copyright
Right of Copyright holders
Examples of Copyright
Copy Left
Types of Copy Left
Infringement of Copyright
9 exceptional to infringement of Copyright
Example of Infringement
Case 1 – KARISHMA INTERACTION SAHARA
Case 2 – CONTROVERSY OF DA VINCE CODE
Case 3 – BETIYA AAPNA YA PARAYA DHAN
Tenure
Plagiarism
World Intellectual Property Organization
Conclusion
 Intellectual Property Right
IMPORTANCE:
The importance of intellectual property in India is well
established at all levels-
Statutory
Administrative, and
Judicial.
India ratified the agreement establishing the World
Trade Organization (WTO).
 Intellectual Property

It is an intangible form of property.

It is a personal property.

It is a basic form of property.

It is based on information.
 AGREEMENT CONTAINS :
This Agreement, contains an Agreement on Trade
Related Aspects of Intellectual Property Rights
(TRIPS) which came into force from 1st January
1995.
MINIMUM STANDARDS:
It lays down minimum standards for protection and
enforcement of intellectual property rights in member
countries which are required to promote effective and
adequate protection of intellectual property rights with
a view to reducing distortions and impediments to
international trade.
 Objects of Intellectual Property
The objects of the rights covered by the concept of
intellectual property are manifestations of human
creativity.
-the form of the work;
-the invention; and
-the relationship between a symbol and a

business.
The Agreement provides for norms and
standards in respect of following areas
of intellectual property:
 Copyrights and related  Patents
rights  Plant Varieties
 Trade Marks  Moral Rights
 Geographical Indications  Personality Rights
 Industrial Designs Rights  Trade Dress
 IP cores used in electronic  Traditional Knowledge
design  Domain Name
 Protection of Undisclosed
Information (Trade Secrets)
Protected Intellectual Property

Invention by a patent
or as trade secret.
Utility models by a
certificate or secret.
Industrial Design by a
certificate.
Trade and Service
Mark by a certificate.
Copyright by reducing
to a fixed form.
 COPYRIGHTS
The Indian Copyrights Law, laid down in the Indian
Copyright Act, 1957, fully reflects the Berne
Convention on Copyrights, to which India is a party.
India is also an active member of the World Intellectual
Property Organization, Geneva.
The Act protects literary
 Artistic works
 And performance rights
by making it unlawful to reproduce such works without the
owner's permission. 

 The author of the work is the first owner of the copyright in

the work.

 Registration of the copyright is not compulsory either for

acquiring copyright or for enforcing by way of suit against
the infringement of the copyright.

 The Copyrights Act protects the following classes of work

 Core Functions
Examine applications for and grant industrial property
rights for:
-Patents for inventions
-Utility models for innovations
-Industrial Designs for aesthetic features of products
-Trade and service marks for goods and services.
 TERM DEFINITION OF COPYRIGHTS

COPYRIGHT the exclusive right of the author.

A COPYRIGHT is a legal device that gives the creator

the sole right to publish and sell that work.

COPYRIGHT is described as a bundle of rights which

confer upon the owner the rights inter alia to publish,
produce, reproduce, perform, translate, adapt,
communicate, exhibit, rent, trade and distribute the
literary work.
RIGHTS OF COPYRIGHT HOLDERS

In the case of a dramatic work

In the case of an artistic work

In the case of a musical work

In the case of a cinematograph film

In the case of a sound recorder

 Example of CopyRight

Michael Bolton VS the Isley Brothers.

 COPY LEFT
Copy left is a form of licensing and can be used to
maintain copyright conditions for works such as computer
software
Documents,
Music
  And art.
In general, copyright law is used by an author to prohibit
others from reproducing, adapting, or distributing copies
of the author's work
 TYPES OF COPYLEFT

FULL AND PARTIAL

STRONG AND WEAK COPY

Eg: GNU General Public License Eg: GNU Lesser General Public License and
the Mozilla Public License
 INFRINGEMENT OF COPYRIGHT

Illegal use or Violation by way of exploitation within

authorization of the author of the copyright amounts to
infringement. The governing principles for deciding the
infringement of copyright are as under:

There can be no Copyright in an idea, subject matter,

themes, plots or historical or legendary facts and
violation in such cases is confined to the form, manner
and arrangement and expression of the idea by the
author of the copyrighted work
EXCEPTOINS TO INFRINGEMENT OF
COPYRIGHT
Reading or recitation in public of extracts of literary or
dramatic work. 
Publication in a collection for the use in educational
institutions in certain circumstances
Reproduction by teacher or pupil in the course of
instruction or in question papers or answers.
Performance in the course of the activities of
educational institutions in certain circumstances.
Unauthorized downloading of copyrighted material and sharing of
recorded music over the Internet, often in the form of MP3 files, is
another form of infringement, even after the demise of Napster
and a series of infringement suits brought by the RIAA

Bootleg recordings are musical recordings that have not been

officially released by the artist or their associated management or
production companies

Promotional screener DVDs distributed by movie studios (often

for consideration for awards)are a common source of unauthorized
copying when movies are still in theatrical release, and the MPAA
has attempted to restrict their use
 CASE # 1
KARISHMA – THE MIRACLE OF
DESTINY
 CASE # 2
THE Da Vinci Code COPYRIGHT
CONTROVERSY
 CASE # 3
BETIYAAN APNA YA PARAYA
DHAN
 TENURE
 KARISHMA KA KARISHMA INTERACTION SAHARA.
 CONTROVERSY OF DA VINCI CODE.
 BETIYA AAPNA YA PARAYA DHAN.

TENURE UNDER IPR:

Normal term of copyright is throughout the lifetime of
author plus 60 years from beginning of calendar year
next following the year in which the author dies. In
case of joint authorship, the author who dies last will
be considered (section 22). In case of artificial
person, it is 50 years
from the date of first publication.
TENURE UNDER WTO:
These provisions are supplemented by Article 12 of
the TRIPS Agreement, which provides that
whenever the term of protection of a work, other
than a photographic work or a work of applied art,
is calculated on a basis other than the life of a
natural person, such term shall be no less than
50 years from the end of the calendar year of
authorized publication, or, failing such authorized
publication within 50 years from the making of the
work, 50 years from the end of the calendar year of
making.
 Plagiarism
Plagiarism, as defined in the 1995 Random House
Compact Unabridged Dictionary, is the "use or close
imitation of the language and thoughts of another author
and the representation of them as one's own original work.
Plagiarism is not the same as copy infringement While
both terms may apply to a particular act, they are different
transgressions.
Copyright infringement is a violation of the rights of a
copyright holder, when material protected by copyright is
used without consent
 Defenses to infringement

A defendant in an infringement action may rebut the

presumption of copying by a showing of independent
creation. It is possible for an author to create a work
independently while bearing similarities to another. If
access is not established, there is no copying, even if there
is a striking similarity between the two works. For this
reason, corporations will destroy or return unsolicited
mailings from authors as a policy
 Amendments to the 1976 Copyright Act

With the passage of the No Electronic Theft Act (NET

Act), US copyright law was changed to allow for the
civil and criminal prosecution of persons allegedly
engaged in copying of copyrighted works without
permission that did not result in personal financial gain;
historically, the criminal copyright law required
infringement to be for financial gain.
This is the Backbone of the information which is going
to be used for the forthcoming presentation.
WORLD INTELLECTUAL PROPERTY
ORGANIZATION
The World Intellectual Property Organization (WIPO) is a
specialized agency of the United Nations. It is dedicated to
developing a balanced and accessible international intellectual
property (IP) system, which rewards creativity innovation and
contributes to economic development while safeguarding the
public interest.
WIPO was established by the  WIPO Convention  in 1967 Its
headquarters are in Geneva, Switzerland. WIPO's strategic goals
are part of a comprehensive process of strategic
realignment taking place within the Organization. These new
goals will enable WIPO to fulfill its mandate more effectively in
response to a rapidly evolving external environment
 The nine strategic goals are:

Balanced Evolution of the International Normative Framework for IP

Provision of Premier Global IP Services
Facilitating the Use of IP for Development
Coordination and Development of Global IP Infrastructure
World Reference Source for IP Information and Analysis
International Cooperation on Building Respect for IP
Addressing IP in Relation to Global Policy Issues
A Responsive Communications Interface between WIPO, its Member
States and All Stakeholders
An Efficient Administrative and Financial Support Structure to
Enable WIPO to Deliver its Programs
CONCLUSION