...INDIAN COPYRIGHT ACT, 1957 CONTENTS Introduction 3 Need for Copyright Protection 3 Scope of Copyright 4 Indian Copyright Act, 1957 5 Remedies 10 Cases 12 Conclusion 14 Bibliography 14 INTRODUCTION The world has entered an era of instant communication. A person sitting in the remotest corner of India can enjoy a live performance taking place anywhere in the world thanks to electronic (parallel) media. Telephone and fax have made it possible to communicate oral or written messages across the globe within seconds. Computer-aided communication technologies such as E-Mail and Internet have added an altogether new dimension to today's communication process by making it more speedy, informative and economical. The mode of communication of different types of information has also undergone a sea change. While all these have made communication among people more effective and efficient both in terms of time and cost, they pose a threat in terms of copyright infringement. Modern communication channels, being intensively relying on a variety of copyrighted products, are liable to be pirated on a large scale if adequate precautions are not exercised. Need for Copyright Protection Copyright is the right given by law to the creators of literary, dramatic, musical and a variety of other works. It ordinarily means the creator alone has the right to make copies of his or her works or alternatively, prevent others from making copies of the same. The basic idea...
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...SUMMARY Copyright law, which mostly deals with the author’s right over a particular work against the general public is said to follow the Lockean theory of Labour which states of natural entitlement to the fruits of labour. This forms the basis of the argument and further criticism in the paper titled: ‘Locke, Labour and Limiting the Author’s Right: A Warning Against a Lockean Approach to Copyright Law’. The author, Carys J. Craig forms a basic contention that the Lockean Approach to Copyright law as such focuses only on the rights of the Author in relation to his/her work, while leaving out the important element of public interest. Following the Labour – Desert theory, which plays prominent role in the Lockean Approach, the author argues that...
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...Some companies devise their formulas that have economic value as much as they would come up with new methods and processes. These inventions must not be used by any one wilily-nilly; this calls for laws to protect such innovations and intellectual properties. This has led to copyright laws and property or intellectual rights. A copyright law is a set of rules and regulations that protects a person or organization’s unique creation of invention or innovation against copying and abuse or other forms of illegal usage. The issue is that if a person has used his resources and expertise and knowledge to create a new item, no one must benefit from that item without the authorization of the inventor. In order to avoid illegal usage of another person’s property there is need for legislation to enforce compliance. The use of the property must be done with the authorization of the inventor or the creator. Some people want to be paid for the effort they would have put and the resources they would have used to come up with such an asset. Copyright laws are important because they regularize the usage of a person’s intellectual property. This is essential in business today. In the same category as the copyright laws is the intellectual property right. If there has not been property right and copyright organizations and people would use other people’s property without paying for it. That may also lead to tarnishing of other people or organizational images. Let us take an example of a trade mark...
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...I. INTRODUCTION The Copyright Act endows copyright holders the “‘exclusive’ rights to use and to authorize the use of his work in five qualified ways, including reproduction of the copyrighted work in copies”. Such act provides the copyright owner potential remedy in such a way that they are able to request an injunction, the destruction of reproduced product and additional damages or profits obtained from the infringement of such rights. The Copyright Act does not render individuals responsible for the acts of another as long as there is no knowledge or contribution towards a violation, the law clearly states, "one who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another, may be held liable as a 'contributory' infringer." This is to say that if such party was providing individuals with the ability to violate copyright laws and they were fully aware that such activity could take place they are equally responsible for the infringement. Within the context of the Sony Corporation v Universal City Studio, Inc. the ability that Sony was allotting to their clients by being providing theim a mechanism that would intergrate to their existing home entertainment system and be able to record programs from their home without the need of additional services from a third party made Sony indirectly liable for the copyright infringements. Furthermore the statutes within the 1976 Copyright Act does not make an exemption to...
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...Software Copyright Piracy & Laws | Business Law | | This paper contains both recent and past accounts of software piracy cases. Also within the contents are definitions of what software piracy is and what has and can be done to help stop copyright infringement. | | Brandon Sampsell | 4/19/2012 | | Software Copyright Piracy & Laws The definition of software piracy is the illegal copying of software for commercial or personal gain. Software companies have tried many methods to prevent piracy, with varying degrees of success. Several agencies like the Software Publishers Association and the Business Software Alliance have been formed to combat both worldwide and domestic piracy. Software piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. In a more recent case, the case of Universal Music Australia Pty Ltd v Sharman License Holdings Ltd (2005) 220 ALR 1 was high-profile Australian litigation involving music labels suing the developers and distributors (collectively referred to as "the Sharman parties") of software that enabled access to the Kazaa a p2p network. The software, which was made available for free, enabled users to upload and download digital files like music files or data files. However, unlike earlier p2p networks the Kazaa network did not require operation through centralized servers, nor physical involvement in the transmission of the files. The essence of the litigation concerned the responsibility...
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...Zack Fellows Professor Gilliard English 1190 M/W 1200-155 How Patent and Copyright Laws are Contracting our Economy Patent and copyright laws have played a very intricate role in the United States economy all throughout our history. Most recently, they have played a very crucial role in protecting intellectual property, distinct types of creations of the mind for which a set of exclusive rights are recognized under corresponding fields of law. When the United States put into agreement the North American Free Trade Agreement(NAFTA) , and opened up a lot of our trade barriers with countries all of the world, the key idea was that we were going to begin to change the face of our economy. We were going to do this by profiting off of our intellectual property and enforcing our strong patent and copyright laws around the world while slowly ridding ourselves off our manufacturing base. As the years passed, patent and copyright applications soared through the roof and it seemed as if the idea of intellectual property was working very efficiently. Innovation seemed to be coming from everywhere as there was a high motive to be able to patent or copyright your idea and make heavy profits. This innovation was a crucial part in the rapid expansion of our economy during the 1990’s, but soon this expansion came to a halt. This is heavily due to the fact of the enormous number of patents and copyrights that are being issued: over 240,000 in 2010, which in turn is hindering people’s innovation...
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...I. Introduction During the early days of computer industry, the software came integrated with hardware. The issue of intellectual property remained confined to hardware only. All this changed during the sixties when software was unbundled from hardware. This gave rise to independent software vendors (ISVs) and the production of standard and custom operating systems, as well as independent applications software’s. Rapid diffusion of low-cost desktop or personnel computer (PC) in late seventies and eighties opened up huge opportunities for ISVs. The software industry gradually increased in terms of overall trade, production and consumption. In 1990s, the widespread diffusion of the Internet created new channels for low-cost distribution and marketing of packaged software, reducing the barriers to entry into the packaged software industry. It also expanded the possibilities for rapid penetration of markets by packaged software products. This rapid increase in consumption of software and easy penetration of market through Internet resulted in increased software piracy, creating a big market in pirated software. According to estimates the global rate of piracy was 59.9% in the year 2010 that means out of the total software sold worldwide 59.9% was fake. Piracy causes huge losses of revenues to software companies every year. This has made the issue of intellectual property protection for software all the more important. The software is a complex product, which has given rise to a...
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... Copyright laws were created to protect the rights of copyright owners. They are designed to prevent the unauthorized use of materials without the permission of the copyright holder (Bitlaw, 2010). There are five exclusive rights covered under the Copyright Act (Bitlaw, 2010). Though all of the rights may not directly pertain to all web site development, it is imperative for web site designers to be familiar with the Act to avoid violating any part of it intentionally or unintentionally. The five exclusive rights are; the right to reproduce, the right to prepare derivative works, the right to distribute copies, the right to perform, and the right to display (Bitlaw, 2010). The right to reproduce belongs to the copyright holder (Bitlaw, 2010). This means the copyright holder is the only person that has the legal right to reproduce or copy any part of the work (Bitlaw, 2010). The right to prepare derivative works is the same as reproducing in a sense, but it is regarding transferring the copy written information to another form such as video or film (Bitlaw, 2010). The copyright holder is the only person that can legally distribute the crated material as well as perform publically any part of the work (Bitlaw, 2010). The copyright law covers most works imaginable including literary work, graphics, art, choreography, music, and theatrical performances (Bitlaw, 2010). Web designers can take steps to avoid violating any part of the copyright laws. When using...
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...understanding of copyright laws. With the increasing advancements of a person’s accessibility to social media platforms, studies have shown that users, without even knowing it, are committing plagiarism through the copying of another person’s work and posting it as their own creation, not even having realised that they have breached an ethical code of practice when it comes to somebodies creation. If you don’t already know, copyright is automatic on any original piece of work. It requires no legal registration and is not considered essential for any new work created. An owner of any work, whether it be a song, a writing piece, a poem or piece of art, is automatically considered without copyright registration, as the only person entitled to publish, communicate or alter the work in anyway shape or form. Should another individual wish to use the work, whether for publication, digital media or communication, they must seek permission from the creator in order to use the work. Understanding the new media environment of today is not just a matter of knowing the new technology being introduced, but understanding in how they alter our society through both digital and social media when it comes to copyright laws. So where does that leave our society today, in a culture developed around the principles of sharing, posting and commenting in the social media environment? The mind boggles at how you can control such an environment in cyberspace with copyright laws! ...
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...Public Licence (the “EUPL”) applies to the Work or Software (as defined below) which is provided under the terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited (to the extent such use is covered by a right of the copyright holder of the Work). The Original Work is provided under the terms of this Licence when the Licensor (as defined below) has placed the following notice immediately following the copyright notice for the Original Work: Licensed under the EUPL V.1.1 or has expressed by any other mean his willingness to license under the EUPL. 1. Definitions In this Licence, the following terms have the following meaning: - The Licence: this Licence. - The Original Work or the Software: the software distributed and/or communicated by the Licensor under this Licence, available as Source Code and also as Executable Code as the case may be. - Derivative Works: the works or software that could be created by the Licensee, based upon the Original Work or modifications thereof. This Licence does not define the extent of modification or dependence on the Original Work required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in the country mentioned in Article 15. - The Work: the Original Work and/or its Derivative Works. - The Source Code: the human-readable form of the Work which is the most convenient for people to study and modify. - The Executable Code: any code...
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...author’s capability to produce their own stories. II. Background A. Morrison (2012) states in The Guardian that fanfiction officially started, in the modern times, during the mid 50’s and 60’s with the growth of television expanding, more people wanted to create what-if stories with their favourite characters through writing. B. According to Schaffner (2009), fanfiction are stories ripped off from other people's work, so fanfiction is a free form, innovatory or derivative textual work that fanfiction practitioners publish online. C. Alter (2012) writes in her article that fan fiction is still a sensitive subject for writers and publishers; while some see it as free marketing and others regard it as a derivative dreck at best and copyright infringement at worst. III. Body A. Writing fanfiction is an opportunity for enthusiastic writers to develop their writing abilities. 1.) Buroker (2013) an official indie fantasy author, who herself started off with a fascination with the Star Trek series began to write at a young age with a young audience, is now the author of a book entitled Forged In Blood, now available in the Amazon ebook store. 2.) Cubbison (2011) a student contributor for the site Transformative Works and Cultures, writes in her article about Rebecca W. Black, a second language...
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...Learning Team Weekly Reflection Eric Gibbs, Maximino Valdez, Aisha Savage, John Palmer Law/421 Monday, February 03, 2014 Terry Coniglio Learning Team Weekly Reflection Black’s Law Dictionary defines a copyright as “the right of literary property as recognized and sanctioned by positive law.” Melvin (2011). The development of the web and other internet technologies will continue to increase the number of copyright issues. The copyright act was developed in 1976 and it grants exclusive rights to the holder that protects their original work Melvin (2011). With these rights, the holder has exclusive rights and they are: reproduction, derivative works, distribution, performance, display, audio, and transmission. There are three theories to copyright infringement and they are: direct infringement, indirect infringement, and vicarious infringement. Direct infringement occurs when the copyright owner can prove legal ownership of the work in question and that the infringer copied the work without permission Melvin (2011). According to Melvin (2011) indirect infringement involves three parties, the copyright owner, the direct infringer, and the facilitator of the infringement. It states that the indirect infringement is the one that holds the facilitator liable for damages, so before pursuing the theory indirect infringement the copyright owner must identify the direct infringer. Vicarious infringement, is similar to the indirect infringement theory in that they both involve...
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...Intellectual Property -Music and Art and Fair Use BUS311: Business Law I (BAI1414A) 4/20/2014 Philosophers have barely taken an interest in the ethics dealing with intellectual property, this despite societies continued debate over “fair use” of copyrighted materials. We justify copy and paste forgoing old set standards of how we give credit for intellectual achievement in lieu of convenience. One has to wonder as technology continues to advance and copyrighting laws become diluted that music and art available via the internet will be of any commercial value. Intellectual Property-Music and Art and Fair Use I. Intellectual Property a. What is IP? b. How has technology affected IP? c. What laws protect IP? II. Music & Art work a. How has broadband changed the music industry? b. How is it so easy to copy and paste someone else’s work? 1. Does citing a source give one the permission to use? 2. What laws govern copyright? III. Fair Use a. What is fair use? b. How does fair use fit with copyright law? c. How does the court know if a use is fair? . IV. Moving forward a. Advancing Technology vs. Copyright laws b. Artistry vs. Commercial reward What is Intellectual Property? Intellectual Property By definition intellectual property IP, is all products derived of human intellect that the law protects from unauthorized usage. Ownership creates a limited monopoly innately...
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...mid 1980s to seventy-five in each hundred in mid 1990s. These statistics are a reasonable implication of fruitful deliverance and cross cultural scenarios of Taiwan economy all in all. Through the boosted innovation and large scale manufacture of the PC equipment and programming, new issues made for social order by machine emerged. What's more, as the expense of PC fittings declined, the vitality of programming expanded: programming is the place the activity and the cash are nowadays. The aggregate planet market for programming is currently forthcoming $100 billion a year. Mostly subsequently, replicating machine programs, regularly eluded as programming theft, has turned into a real development industry. The center of the worldwide copyright issue, Taiwan is unique of the "lords" of user interface design theft in Asia. The Business Software Association evaluates that U.S. programming organizations are unable to put your hands on over $800 million a year in light of Taiwan programming theft. The freshest danger to the programming and interactive media commercial enterprises in Taiwan is the utilization of Pcs and the web to wrongfully digitize and duplicate data, incorporating programming, music, and films. Thru the development of Internet client's populaces, it has made a...
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...with the issues of copyright and what regulations or laws should protect the author. America has been deliberating the issue as early as 1787 when James Madison requested that a provision be added to the constitution that would provide protection to literary authors for a determined time (U.S. Copyright Office). Many individuals and organizations have made a mark in the history of copyright laws and regulations but research proves that the Berne Convention is responsible for setting a standard for international copyright laws. The Berne Convention enjoyed much success by signing over a 160 participating member nations. The United States became a member of this international community in 1989 (U.S. Copyright Office). The Berne Convention is an international agreement intended to protect its member’s against copyright infringement and also to allow protections for as long as 70 years after the death of the author, provided the works have been viewed (U.S. Copyright Office). The Berne Convention is a treaty whose members believe that intellectual property is important and should be held to some degree of copyright protection (eBook Chp.16 2012). The Universal Copyright Convention (UCC) was another organization that worked to protect the intellectual property of internationals but adhered to a different believe system about the issue of intellectual property laws or rights. The Universal Copyright Convention (UCC) also had an influence in the copyright community but because...
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