Using Copyright works owned by others NIFT & WIPO 21 st June Prathiba M.Singh Singh & Singh Advocates © 2005 singh & singh

COPYRIGHT - A GLOBAL RIGHT Right exists on creation Right exists on creation No registration is needed No registration is needed Protectible in all Convention/WTO countries. Protectible in all Convention/WTO countries. Almost 150 countries are covered Almost 150 countries are covered Reciprocal protection in all countries Reciprocal protection in all countries

COPYRIGHT –Categories of copyrighted works literary artistic musical Dramatic Cinematograph films Sound Recordings Broadcasters rights Performers Rights

Introduction I.COPYRIGHT: 1.Artistic work: painting, drawing, sculpture, engraving, photograph, architectural work or any work of artistic craftsmanship 2.Broadcast: Any communication to the public by means of wireless diffusion whether in signs, sounds or visual images or by wire and includes a re-broadcast

Copyright 3.Literary works: This is not an exhaustive definition but an inclusive definition. It includes computer programs, tables, compilations, databases. This category of works shall also include all traditional literary works including books, journals etc.,

Copyright 3.Musical works: Any work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. 4.Sound recording: Means a recording of sounds from which sounds may be produced.

Copyright 5.Cinematograph film: Any work of visual recording produced through a process from which a moving image may be produced and includes a sound recording accompanying such visual recording. 6.Government work: A work published by or under control of the Government, Legislature or any Court, Tribunal or judicial authority.

Copyright 7.Dramatic work: includes any piece of recitation, choreographic work or entertainment in dumb show, scenic arrangement or acting, form of which is fixed in writing or otherwise excluding a cinematograph film. 8.Performer includes an actor, singer, musician, dancer, a person delivering a lecture or any person making any performance.

Copyright Computer includes any electronic or similar device having information processing capabilities (added by amendment in 1995) Duplicating equipment means any mechanical contrivance or device used or intended to be used for making copies of any work. Reprography means the making of copies of a work, by photocopying or similar means

Copyright Publication means making a work available to the public by means of copies or by communicating the work to the public. But by a review of cases one can see that protection against what is contemplated under the new WIPO treaty has already been granted by judge-made law.

Examples of some works Choreography: is the art of arranging designing of ballet or stage dance in symbolic language. It is a form of dramatic work. In order to qualify for the copyright protection it must be reduced into writing. Choreography: is the art of arranging designing of ballet or stage dance in symbolic language. It is a form of dramatic work. In order to qualify for the copyright protection it must be reduced into writing. Ballet: The elements of ballet are the music, the story, the choreography, the scenery, and the costumes. It is thus a composite work. Such work could be the subject matter of copyright. Ballet: The elements of ballet are the music, the story, the choreography, the scenery, and the costumes. It is thus a composite work. Such work could be the subject matter of copyright.

Examples of some works Painting : is an artistic work whether or not it posses any artistic quality. To be entitled to copyright protection a painting must be original i.e. it should originate from the painter and not a mere copy of another painting. A painting must be on a surface of some kind. Facial make-up as such, however idiosyncratic it must be an idea, cannot possibly be a painting for the purpose of copyright act. Painting : is an artistic work whether or not it posses any artistic quality. To be entitled to copyright protection a painting must be original i.e. it should originate from the painter and not a mere copy of another painting. A painting must be on a surface of some kind. Facial make-up as such, however idiosyncratic it must be an idea, cannot possibly be a painting for the purpose of copyright act.

Examples MERCANDISING CORPORATION v HARPBOND(1983) FSR 32 P, 32 (Facial make-up was not held a painting within the meaning of sec 3 of the U.K. copyright act.) MERCANDISING CORPORATION v HARPBOND(1983) FSR 32 P, 32 (Facial make-up was not held a painting within the meaning of sec 3 of the U.K. copyright act.)

Examples Sculpture: is included in the definition of artistic work and the work of sculpture includes casts and models. Sculpture means the art, act, process of carving cutting, hewing, molding or constructing materials into statutes, ornaments, figures The act, art, process of producing figures or groups in plastic or hard materials. The art of sculpture is the branch of the visual arts that is especially concerned with the creation of expressive form in three dimensions. A sculpture should in some way express in three dimensional form an idea of the sculptor. NEW ENCYCLOPEDIA QUOTED IN WHAM-O CASE. A Frisbee was a sculpture. Sculpture: is included in the definition of artistic work and the work of sculpture includes casts and models. Sculpture means the art, act, process of carving cutting, hewing, molding or constructing materials into statutes, ornaments, figures The act, art, process of producing figures or groups in plastic or hard materials. The art of sculpture is the branch of the visual arts that is especially concerned with the creation of expressive form in three dimensions. A sculpture should in some way express in three dimensional form an idea of the sculptor. NEW ENCYCLOPEDIA QUOTED IN WHAM-O CASE. A Frisbee was a sculpture. Copyright subsists original sculpture. The creation of a sculpture no doubt involves good amount of skill and labor Copyright subsists original sculpture. The creation of a sculpture no doubt involves good amount of skill and labor

Examples Works of artistic craftsmanship: Copyright subsists in original work of artistic craftsmanship The act does not define the term artistic craftsmanship. Works of artistic craftsmanship: Copyright subsists in original work of artistic craftsmanship The act does not define the term artistic craftsmanship. Prototype furniture: In GEORGE HENSHER v RESTAWILE UPHOLSTERY (1975) RPC 31 at p the HL held that a prototype of upholstered chairs and settees which consisted of light frame with upholstery nailed with it so as to resemble a chair not a work of artistic craftsmanship. The respondent copied the chair and thus the prototype as well. In the action of infringement the injunction was refused Prototype furniture: In GEORGE HENSHER v RESTAWILE UPHOLSTERY (1975) RPC 31 at p the HL held that a prototype of upholstered chairs and settees which consisted of light frame with upholstery nailed with it so as to resemble a chair not a work of artistic craftsmanship. The respondent copied the chair and thus the prototype as well. In the action of infringement the injunction was refused