Practical Problems_Copyright Act_29

A, subscribers downloaded unauthorized photographs of playboy enterprises to a bulletin board system. Does it create infringement by A? Can it create an obligation on the bulletin board operators ?

Practical problems_Copy right Act_1

Do the following acts constitute infringement of copyright? Give brief reasons in support of your answer:

(i) Reproduction of a musical work by a teacher in the course of instructions to students.
(ii) Reproduction for research of an unpublished work kept in a public library.
(iii) Making a dozen copies of a book borrowed from a library when such book is available in the market.
(iv) Reproduction in a periodical of a write-up by an expert on a social subject of which the author has expressly retained his copyright.

(v) Making copies of a computer programme from a floppy disc bought from the market and using it for office work.

Copy Right Act_28

What are the major provisions in the amended Copyright Act, 1999 with regards to computer programs?

The major provisions are :
(i) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer program with other programs by a lawful possessor of a computer program provided that such information is not otherwise readily available;

(ii) the observation, study or test of functioning of the computer program in order to determine the ideas and principles which underline any elements of the program while performing such acts necessary for the functions for which the computer program was supplied;

(iii) the making of copies or adaptation of the computer program from a personally legally obtained copy for non-commercial personal use.

Copy Right Act_27

What notice needs to he put on computer program copies to seek copyright protection?

When a work is published by authority of the copyright owner, a notice of copyright may be placed on publicly distributed copies. As per the Berne Convention for protection of literary and artistic works, to which India is a signatory, use of copyright notice is optional. It is, however, a good idea to incorporate a copyright notice.

Copy Right Act_26

In some of the programs, the screens could be the most commercially significant aspect. Is it necessary to register the program screen separately from the underlying code?

Generally, all copyrightable expressions embodied in a computer program, including screen displays, are protectable. However, unlike a computer program, which is a literary work, screen displays are artistic work and cannot therefore be registered in the same application as that covering the computer program. A separate application giving graphic representation of all copyrightable elements of the screen display is necessary.

Copy Right Act_25

In order to further ensure that secrets are protected, is deposition of computer program in object code permissible?

Although the recent amendment (1994) in the Copyright Act enlarges the meaning of a computer program, it is still not very clear as to whether it includes both object code and source code. However, keeping in mind the proclaimed object of the amendment, presumably the benefit of the Copyright Act will be available to both. As per experts' opinion, it is easier to determine from source code whether the deposit represents copyrightable material. Deposit of object code may be possible, but registration presumably would be accepted pending on assurance that the code does represent copyrightable material. Procedures for these do not exist at present with the Copyright Office.

Copy Right Act_24

What is the rule for the transfer of copyright?

The owner of the copyright in an existing work or prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially in the following manner.
for the entire world or for a specific country or territory; or
for the full term of copyright or part thereof ; or
relating to all the rights comprising the copyright or only part of such rights.

Copy Right Act_23

If an independent third party develops a program for a company, who owns the copyright?

Works created by third parties on commission do not automatically vest the copyright in the commissioning party. If the third party is an independent contractor, it is essential for the commissioning party to obtain the copyright through a written deed of assignment. It is a common misconception that the copyright automatically belongs to the commissioning party. Thus, it is only where the developer is an employee creating the work under a contract of service that the! Rights belong to the employer.

Copy Right Act_22

If an employee in a company develops a program, would this employee own the copyright?

No. In the case of a program made in the course of author's employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright.

Copy Right Act_21

If an employee in a company develops a program, would this employee own the copyright?

No. In the case of a program made in the course of author's employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright.

Copy Right Act_20

Is it necessary to deposit accompanying documents of the computer program for which copyright is being sought?

Documentation which normally accompanies the program is regarded as separate work and for this reason if the same has to be registered, it must be separately registered and not combined with the computer program in single application.

Copy Right Act_19

What is the term of a copyright?

a. If published within the life time of the author of a literary work the term is for the life time of the author plus 60 years.

b. For cinematography films, records, photographs, posthumous publications, anonymous' publication, works of government and international agencies the term is 60 years from the beginning of the calendar year following the year in which the work was published.

c. For broadcasting the term is 25 years from the beginning of the calendar year following the year, in which the broadcast was made.

Copy Right Act_18

What is the definition of a computer program?

Computer program means a set of instructions expressed in words, codes, schemes or any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result.

Copy Right Act_17

How much do I have to change in order to claim copyright in someone else's work?

Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.

Copy RIght Act_16

What are the rights of an author?

If the owner of the work is different from the author, the author will be eligible for the “moral rights” of the author. These rights include the right to be identified as an author and the right against the mutilation of the copyrighted work.

Copy Right Act_15

What are the remedies in case of an infringement of copyright?

The Law provides civil and criminal remedies in case of infringement of copyright. Copyright infringement is a cognizable offence where a Police Officer not below the Rank of a Sub-Inspector can arrest the offender without the warrant and conduct the search even without prior authorization of a Court. Copyright infringement if proved in a Court of Law carries a minimum mandatory sentence of imprisonment of six months and minimum fine of Rs. 50,000 which can extend upto Rs. 2 lakh. The Act further provides that there will be an enhanced penalty in case of second and subsequent convictions. In Civil Cases, the District Court can be persuaded not only to give an interim injunction without notice to the other party but also usually gives a direction under Order 39 Rule 7 of C.P.C. where a Commissioner appointed by the Court will visit the premises of the infringers and will be empowered to conduct a search of the inventors premises and cease infringing material from the infringers premises. The seized material can be used at a later point of time to establish infringement. In UK these types of orders are called ANTON PILLOR ORDERS.

Copy Right Act_14

Is it possible for other people to use the copyrighted work even without the consent of the owner?

Yes. But before that they would have to apply to the Copyright Board and obtain a Compulsory License. The Board will determine the terms and conditions under which the other person can get a compulsory license. In addition, the Section 52 lays down that certain types of uses of Copyright will not amount to a copyright infringement.

Copy Right Act_13

What are the authorities created under the Copyright Act?

Under the Copyright Act there is a Registrar of Copyright and a Copyright Board, which specifically ascertain roles and responsibilities. Copyright Office is an Administrative Authority and Copyright Board is a quasi–judicial body headed by a retired Supreme Court Judge.

Copy Right Act_12

Who is an author?

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author.

Copy Right Act_11

Can a company be considered the author? Can an author and owner be different from one another?

A company can never be considered as an author of a work. However, it can become the owner, if the author creates the work within the scope of an employee's duties. A distinction between contract of employment and contract for services. In the first case the employer becomes the owner and in the second case the author becomes the owner.