Copyright

Dr. N.Sundar

Librarian

Thiagarajar College of Preceptors, Madurai.

Objectives

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• Discuss Copyright Act
• Explain the first ownership
• Discuss Press and Registration of Books Act
• Describe the delivery of Books & Newspaper Act.

Introduction

• In General, House, Car and Civil Rights are controlled and protected by the laws. Your ideas are not, until you communicate to the public.
• Ideas are intellectual property (IP) and only when they are communicated, translated into writings, or realized in tangible objects do legal rights and obligations arise.

Introduction

• Copyright, Patent right, and Trademarks are all forms fall under the umbrella of Intellectual Property (IP) and are unique in their form and functions.

Copyright

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According to Pedley, P. (2011) that the copyright is a "property right which arises automatically on the creation of Various categories of work, and protects the rights and interests of the creators of literary, dramatic, musical, and artistic works, sound recordings, films, broadcasts, and cable programmes and the typographical arrangements of published editions".

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Copyright

• Right given by the law to creators or owners of the original works.
• In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.

Copyright

• Right given by the law to creators or owners of the original works.
• In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.

Copyright

According to WIPO (World Intellectual Property Organization)

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Copyright (or author’s right) is a legal term used to describe the rights that creators have their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings

Patent rights

In Principles, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention.

Patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent.

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Patent rights

• The protection is granted for a limited period.
• Generally 20 years from the date of filling application.

Patent rights

In the US the first modern patent act was passed in 1790 and the country’s first patent was granted to Oliver Evans for his automatic gristmill (Patent 2009).

How long do copyrights last?

Copyright in a work created on or after January 1, 1978

Life of the author and 50 years after the author's death

Joint work with 2 or more author who didn’t work hire

Life of last surviving author and 50 years after such surviving author’s death.

Reference: Foundation of Library and Information Science - DLIS001 (Lovely Professional University)

How long do copyrights last?

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Anonymous work (work made for hire)

95 years of its first publication, or 120 years from the year of its creation, whichever expires first.

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Who is the first owner?

The author of the work is the first owner.

• In case, the author is employed by newspaper, magazine, etc. under a contract of service, the proprietor will be the first owner.
• Where a photograph is taken, or a painting or portrait drawn for a valuable consideration at the instance of person, such person is the first owner.

Who is the first owner?

• Where any address or speech is delivered in public, the person delivering is the first owner and where it is delivered on behalf of another person such other person is the first owner.
• In case of Government work, Government shall be the first owner.
• In case of work made or published by or under any public undertaking, it shall be the first owner.

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Fair Use

Fair use of the copyrighted work, (Section 107)

• Use by reproduction in copies or phonorecords or by any other means, for the purpose such as Criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

Reference: https://www.law.cornell.edu/uscode/text/17/107

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Fair Use

• Make a “good-faith” effort to locate copyright owners
• Use a disclaimer
• Limit copies to research and educational use
• Don’t make a profit on them

References

E-books

• Lovely Professional University study materials. http://www.lpude.in/about-us/availability-of-online-study-material.php
• Pedley, P. (2011). Copyright for Library and Information Service Professionals. London: Taylor and Francis. Retrieved from https://ebookcentral.proquest.com/lib/auemirates-ebooks/detail.action?docID=178918

Other Reference

• WIPO (World Intellectual Property Organization) http://www.wipo.int/wipolex/en/profile.jsp?code=AE
• Copyright Policy, Creative, and Innovation in the Digital Economy https://www.uspto.gov/sites/default/files/news/publications/copyrightgreenpaper.pdf

Other Links

• http://www.wipo.int/wipolex/en/text.jsp?file_id=316909
• https://www.law.cornell.edu/uscode/text/17