Copyright And Related Rights

Prepared By: Koyal Saini,

MIP, Mandsaur (M.P.)
Drug Regulatory Affairs Department
 Definition
• As per Copyright Act, 1957: Copyright
means the exclusive right subject to the
provisions of the act, to do or authorise the
doing of any of the following acts in
respect of a work .Example, to reproduce ,
to perform in public , to sell, to print etc
 Subject matter of copyright
• Literary work- dissertation, question
papers, encyclopedia, dictionaries,
translations, abridgement of literary work
• Artistic Work- painting, photograph,
drawing, map, diagram, chart, plan,
portrait
• Musical Work-Song, remixes,
cinematograph films, sound recording,
 Subject matter of copyright
• Computer software and programmes:
CS-include many items like the programmed
manuals and papers, punch cards, magnetic
tapes, discs
CP-include a set of instructions expressed in
words, codes, schemes or any other form etc.
• Work of architecture: building or structure having
artistic character or design, layouts of garden
walls, ponds, fountains etc.
 Characteristics of copyright
• Multiple rights
• The work must be original
• Copyright exist in expression of idea and
not mere idea
Owner of copyright & his rights

• Literary work- Author of the work

• Musical work- Composer
• Artistic work- artist
• Photograph- Photographer
• Cinematographic film- producer
• Sound recorder- producer
• Computer programmes- person who
create it
 Owner of copyright & his rights

• Multiple statutory rights

• Right to transfer
• Right against infringement
 Registration of copyright
• Author/ publisher-make an application
along with fees to the registrar of copyright
• Applicant give notice to persons who claim
or have interest in subject matter of
copyright
• No objection received by registrar within
30 days
• Satisfied by the correctness of particulars
given in application
 Registration of copyright
• Enters particulars in register of copyright-
copyright granted
• If objection received within 30 days,
decision after holding enquiries.
• Once name entered in register of copyright
copy of entries is sent to applicant.
• Any appeal against decision of registrar can
be filed to copyright board within 3 months.
• Published in official Gazette.
 Term of copyright
• Published literary, dramatic, musical,
artistic work- life time of author +60 years
• Anonymous, pseudonymous work- 60yrs/
lifetime + 60 yrs.
• Posthumous work-60 yrs
• Photograph, sound recording,
cinematographic films and others 60 yrs.
 Infringement of copyright
• Means unauthorized or illegal production
of work
• Literary work
• Musical work
• Sound recording
• Videoparlours and cableTV
• Remix
• xeroxing
 Remedies against copyright
infringement
 Civil remedies-
1. search and seizure order
2. Injunction- temporary, permanent,
interloculary
3. Account of profit
 Criminal remedies-
 Criminal remedies
Sr Nature of Offence Punishment
no.

1 Knowingly infringing the copyright in a Min. 6 months , max. 3

work yrs imprisonment+ fine
Rs.50,000- 2 lac
2 For Second & subsequent conviction Imprison-1- 3 yrs.
Fine- Rs.1 lac-2 lac
3. Knowingly using infringing copies of Imprison-7 days- 3 yrs.
comp. programmes Fine- Rs.50,000- 2 lac

4. Publishing a sound recording or a video Imprisonment up to 3

film yrs & fine
5. Making false entries in register of Imprisonment up to 1
copyright yrs & fine