CHANGING LANDSCAPE OF COPYRIGHT LAW & IMPACT ON BUSINESS

Sandeep Hegde M. sandeep@brainleague.com www.sinapseblog.com www.onlineipcourses.com

 Brain League IP Services., 2011

04-05-2012

COPYRIGHT?

Protects tangible expression of ideas (Not the idea itself) Tangible form Idea Expression Dichotomy Modicum of Creativity

 Brain League IP Services., 2011

04-05-2012

BUNDLE OF RIGHTS

Exclusive right to
Reproduce
Distribute

Adaptation, Translation
Create Derivative Work

Public Display/Performance

 Brain League IP Services., 2011

04-05-2012

COPYRIGHT SUBSISTS IN
Literary work Musical work Dramatic work Artistic work Cinematograph film Sound Recording Photograph

 Brain League IP Services., 2011

04-05-2012

COPYRIGHT IN SOFTWARE
Software

Source Code

Object code

Look and feel

Functionality

Literary Work Artistic work

Idea

 Brain League IP Services., 2011

04-05-2012

PROTECTION

Software for General Purpose Computer- Not Patentable

Literary work" includes computer programmes, tables and compilations including computer literary data bases

 Brain League IP Services., 2011

04-05-2012

RECENT DEVELOPMENTS

 Brain League IP Services., 2011

04-05-2012

FUNCTIONALITY NOT PROTECTABLE

SAS Technologies v. World Programming (WPL) SAS Analytical Software ECJ- Copyright protection cannot extend to the functions performed by a computer program or the programming language.

 Brain League IP Services., 2011

04-05-2012

OPEN LICENSES NOW EASY

Signature requirement done away with

Build a software Provide it online With a License

 Brain League IP Services., 2011

04-05-2012

USE IT OR LOSE IT!

Compulsory Licensing Published work- not made available to the public

Unpublished work1. 2. 3.

Not made available Author not traced Owner not available

 Brain League IP Services., 2011

04-05-2012

DISABILITY PROVISIONS
Grant of Compulsory License Organization working for the benefit of the Disabled To publish a work for the benefit of the Disabled Any reproduction in a format solely for the benefit of disabled not an infringement

 Brain League IP Services., 2011

04-05-2012

RESTRICT IMPORT OF COUNTERFEITS

Copyright Owner With sufficient proof Complaint Customs can restrict the infringing goods

 Brain League IP Services., 2011

04-05-2012

DIGITAL RIGHTS MANAGEMENT

Rights Management Information (RMI) Knowingly meddling with the RMI- offence Distribution of a work without an RMIoffence Anti-circumvention of technical measures

 Brain League IP Services., 2011

04-05-2012

ENTERTAINMENT INDUSTRY
Present scenario Cinematograph works- producer is the author Composition/lyrics- commissioned Mode of exploitation- theatre, tv channels, radio channels, digital, mechanical, remake license, All rights vest with the producer

 Brain League IP Services., 2011

04-05-2012

SOCIETIES
Lyricist/composer- member All present and future works assigned to society Society collects royalty Commissioned work not included

 Brain League IP Services., 2011

04-05-2012

POST AMENDMENT
Producer and principal director- joint authors Any exploitation other than theatre- share royalty with the authors Society may collect Any assignment contrary to the assignment to society not valid Where song is used in a movie- commissioned work logic does not apply Producers lose 50% of the revenue

 Brain League IP Services., 2011

04-05-2012

THANK YOU.
www.sinapseblog.com www.onlineipcourses.com sandeep@brainleague.com