Copyright- IPR.pptx

Copyright- IPR.pptx

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  Intellectual Property andits management in Agriculture (E-course) PGS 503 (1+0) COPYRIGHT Presented By- Samjhauta Thapa PALB-9133 Jr. M.Sc.(Agri) Dept. of Ag. Economics
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  What is Copyright? Copyrightis a legal protection extended to creators of original works. It grants the creator ownership rights for literary, dramatic, musical, and choreographed works; pictorial, graphic, and sculptural works; motion pictures and audio-visual works; sound recordings; computer software, digital media, and products; and other intellectual property.
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  Trademarks & Copyrightsare Different • A trademark is a name, symbol, or other device identifying a product • Trademarks are not covered by the copyright law, but by the Trademark Law • Trademarks are frequently marked with a registered trademark symbol--® Example: Coca Cola ®, Nike®
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  Why Copyright ? FavorAgainst Rewards creative efforts. Protects corporate interests only Protects interest of the creator Criminalizing legitimate use
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  When Does CopyrightBegin? • Copyright begins as soon as something is fixed in tangible form. • Until 1988, a work had to be either registered with the Library of Congress Copyright Office and/or identified by the © symbol or a copyright notice statement to be protected by copyright, but today copyright protection is automatically extended when a work is created.
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  What Can BeProtected? • Literary Works • Musical Works • Dramatic Works • Choreographic Work • Pictorial, Graphic, and Sculptural Works • Motion Pictures and Audio Visuals • Sound Recordings • Architectural Works
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  What is notprotected by copyright? • Titles • Slogans • Short phrases • Names • Familiar symbols or designs • Font designs • Ingredients or contents • Facts • Blank Forms etc.
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  What Does CopyrightGive Rights Holders? • Right to reproduce the work. • Right to prepare derivative works. • Right to distribute copies for sale. • Right to perform AV works publicly. • Right to display musical and artistic works publicly.
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  How Long DoesCopyright Last? • A copyright last for life of the individual plus 70 years for anything created on or after 1st January 1978. • A copyright lasts for 95 years for corporate authors after publication for anything on or after 1978. (It is 120 years after creation if not published.) • Works published before 1978 and after 1923 are protected for 95 years.
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  What happens whenCopyright expires? • After the period of copyright protection has expired, a work becomes available for use without permission from the copyright owner; it is said to be “In the Public Domain”. Most works enter the public domain because the copyrights have expired.
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  Indian Perspective onCopyright The Copyright Act, 1957 confers copyright protection in the following two forms: EconomicRights Moral Rights
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  Economic Rights • Toproduce copies or reproductions of the work and to sell those copies (including, typically, electronic copies) • To import or export the work • To create derivative works (works that adapt the original work) • To perform or display the work publicly • To sell or assign these rights to others • To transmit or display by radio or video
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  Moral Rights (i) Rightof paternity • to claim authorship of work and to prevent all others from claiming authorship of his work. (ii) Right of integrity. • to prevent distortion, mutilation or other alterations of his work, or any other action in relation to said work, which would be prejudicial to his honour or reputation.
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  FAIR USE LIMITATIONS
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  Copyright Symbol © •Use of the "©" symbol • Anyone who claims copyrights can use it not necessary to have a registration to use the designations • Highly advisable to incorporate a copyright notice • Example: Copyright © 2009 Microsoft Corporation
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  Assignment of Copyright •The owner of the copyright may assign to any person the copyright either wholly or partially. • Duration, in case of default 5 years • The moral rights are independent of the author’s copyright and remains with him even after assignment of the copyright.
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  Counterfeiting to Copyright Counterfeitmark: • the production of certain brand bags by putting a false label, and sold at low prices. Counterfeit products: • copies of articles, similar to the original under a different name Infringement "mixed : • copy for both the model and brand. Ex. Fake Louis Vuitton bags or Rolex watches for instance. Infringement of copyright : • copying or using the work of another creator, without his prior permission
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  Penalty for infringement •The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of `50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh. • All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.
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  Indian CopyrightAct, 1957 •First right in India in 1914 • Now, Indian CopyrightAct,1957; w.e.f. 1958 • Further amendments in1983,1984,1992,1994,1999 adopted many English Provisions, introduced new ideas and concepts. • Created Copyright Office and Copyright Board • Introduced civil and criminal remedies against infringement
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  Copyright Act 1957– Main Features • Performing rights societies’ rights (for instance, music royalties) • Definition of categories in which copyright actually subsists • International copyright • Definition of infringement
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  Assignment of copyright •The author of a work is the first owner of the copyright( Section 17). • However, for works made in the course of an author's employment under a contract of service, the employer is the first owner of the copyright. • The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part
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  Summary • Each countryhas own law compliant to any international convention • Copyright prevents distribution of Idea, not Idea itself • It safeguards interest of the creators • It encourages people to create something new • Registration is not compulsory • Economic rights can be assigned to another person • Infringement is a criminal offence, if done knowingly
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  Remember • It ispermissible to download limited amounts of material for use in a student project, but you can’t download material from one web site and post it to yours. • Know that royalty-free doesn’t mean unlimited rights—but it does expand your options • There is a difference in personal use, educational use, and the workplace.
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  Remember • When youcreate a work, you own the rights to that work. • Creating projects for the classroom is not necessarily the same as creating projects for competition—know the guidelines.
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  For further study •CMUcopyright page: copyright.cmich.edu •United States Copyright Office: www.copyright.gov/ • Stanford Copyright & Fair Use Center http://fairuse.stanford.edu/index.html • CopyrightBay: www.stfrancis.edu/cid/copyrightbay/
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  QUESTIONS: 1. A trademarkis a name, symbol, or other device identifying a product. 2. Copyright is represented by the symbol- © 3. Right of Integrity comes under Moral right form of Copyright protection. 4. The minimum punishment for infringement of copyright is imprisonment for Six months with the minimum fine of 50,000. 5. The production of certain brand bags by putting a false label, and sold at low prices comes under- Counterfeit mark 6. First Copyright in India started in the year - 1914
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  QUESTIONS: 1. Copyright actgrants the creator ownership rights for Titles, Slogans, Short phrases, Names- False 2. Trademarks are not covered by the copyright law, but by the Trademark Law- True 3. 50 seconds is the fair use limitation of music, lyrics and music videos under copyright act. – False 4. Registration for copyright is not compulsory- True 5. The author of a work is the first owner of the copyright. – True 6. Indian Copyright act started in the year 1958- False
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  Thank You