Law of Copyright
University of Burdwan · LL.B. Semester 4 · LHC 3.4.5
Unit I
INTRODUCTION: · Definition, Nature, Scope, history, Indian copyright, main features, object, International conventions, copyright and GATT, fixation of copyright, originality as an element of copyright, Ideas, impact of digital medium.
Unit II
SUBJECT MATTER OF COPYRIGHT: SUBJECT IN WHICH COPYRIGHT · SUBSISTS: · The works in which copyright subsists, qualification for subsistence, Literary work, Dramatic work, Musical work, Artistic work, Cinematographic film, Sound recording, Computer program, Broadcasting, Cable Network, photograph, Book. · OWNERSHIP OF COPYRIGHT: · Who is author? Joint authorship, status of the author, first owner of copyright, Employee work, Commissioned work, Author of a cinematographic work and sound recording, Computer generated works, ownership of moral right and related right.
Unit III
TERM AND LIMITATIONS ON COPYRIGHT: · Introduction, term in case of published literary, dramatic musical or dramatic works, term in case of anonymous and pseudonymous work, term in case of posthumous, photograph, cinematograph, sound recording, Government works, works of public undertakings and in work of international organisation; Limitations of copyright, temporal limitations, statutory licences, Fair Access to copyrighted creations, Doctrine of Fair dealing or permitted acts. · RIGHTS UNDER COPYRIGHT: · General, interest of authors, exclusive economic right, moral right, and related rights. · RIGHTS OF BROADCASTING ORGANISATION AND PERFORMERS · General, broadcasting reproductions rights, infringement, acts not constituting infringement, copyright subsisting in the contents of broadcast, television, musical work, recording; performers right, infringement of performers right, act not constituting infringement of performers rights.
Unit IV
TRANSFER OF COPYRIGHT: · Assignments, transfer by law, relinquishment of copyright; licences, voluntary licences, non-voluntary licences COPYRIGHT OFFICE, COPYRIGHT BOARD AND COPYRIGHT SOCIETY: · Copyright office, Register of copyright office, evidentiary value of register of copyright, function and obligation of registrar of Copyright; Copyright Board, constitution and function of copyright board, power and procedure of copyright board and its obligation; Copyright society, registration of copyright society, function and obligation of copyright society, control of owners of copyright, rights and liabilities of pre-existing societies. · REGISTRATION OF COPYRIGHT: · Introductory, qualification for registration, procedure for registration, entries in register, correction of entries, rectification of register by Copyright Board. · INTERNATIONAL COPYRIGHT: · Introduction, extension of copyright in foreign works, works of certain international organizations, restrictions of rights, order as to International copyright to be laid before Parliament. · INFRINGEMENT OF COPYRIGHT: · General, what is infringement? When copyright is infringed? Which are not infringements of copyright? When breach of conditions amount to infringement of copyright? Importation of infringing copy, transit rights of land locked countries, obligation of copyright societies in case of account, resale- share right in original copies of author. · REMEDIES AGAINST THE INFRINGEMENT OF COPYRIGHTS: · Introduction ; Who can claim remedy? Against whom one may proceed? Civil remedies, Criminal remedies, Administrative remedies, Anton Pillar order, Protection of separate rights, restriction of remedies, suit for declaration, jurisdiction of court, delivery of infringing copies and plates. Remedy by appeal.