What are search engines and copyright. We also discussed about copyright infringement and also different cases of copyright infringement on internet.

1. IPRE SELF STUDY
PRESENTATION
SEARCH ENGINES AND COPY RIGHT: HOW FAR A
FAIR DEFENSE
BY :
NANUBALA DHRUVAN (1RV18CV067)
NAVEENKRISHNA K (1RV18CV069)

2. CONTENTS:
• INTRODUCTION
* Internet tools : What is a search engine
* What is a copyright : What does it protect and why
• COPYRIGHT LAWS IN INDIA
• TYPES OF LIABILTIES
• COPYRIGHT INFRINGMENT – ADAPTATION ON INTERNET
• CASE STUDIES

3. INTRODUCTION
• What is a search engine ?
• A tool which is handy and vital for the entire web users to filter
out content from vast number of web sites on internet.
• Main function – provide list of websites
• Search engines have done for the Internet what Windows has
done for the personal computer. Both have allowed information
to be easily accessed by the inexperienced computer user.
• Some of the well known search engines are Google, Bing ,
Yahoo.

5. • What is a copyright ; what does it protect and why ?
• Copyright refers to the legal right of the owner of a property . In simpler
terms, copyright is the right to copy. This means that the original creators
of products and anyone they give authorization are the only ones with the
exclusive right to reproduce the work.
• Copyright protects original works of authorship fixed in a tangible
medium from being copied without permission from the copyright holder.
• A result of this protection is that copyright holders receive compensation
for use of their works.
• The purpose of copyright law is to promote the progress of useful arts
and science by protecting the exclusive right of authors and inventors.

6. COPYRIGHT LAWS
• England & Wales
• Indian copyright law similar to England & Wales. First Copyright
Act in England (and the world)
• United States
• First Act in 1790: did not protect foreign authors Indigenous
American literature suffered
• Today: Copyright Act 1976 one of the major copyright laws in the
world
• Copyright in India
• First Act in 1914, followed by the Copyright Act 1957.
• 1957 Act: adopted many English provisions, introduced new ideas
and concepts.

7. Copyright Act 1957 – Main Features
• Valid from 21 January 1958
• Created Copyright Office and Copyright Board
• Introduced civil and criminal remedies against infringement
• Performing rights societies’ rights (for instance, music royalties)
• Definition of categories in which copyright actually subsists
• International copyright
• Definition of infringement

8. ESSENTIAL DOCUMENTS REQUIRED
FOR COPYRIGHT REGISTRATION
• 3 copies of the work if the work is published
• If the work is not published, then 2 copies of manuscripts;
• Information regarding the title and language of the work
• Applicant must also provide his mobile number and email address
• Information regarding the name, address and nationality of the applicant
• In case the publisher is not the applicant, a no-objection certificate from
the publisher is required
• In case of copyright is for software, then source code and object code
are also required.

9. REGISTRATION OF A COPYRIGHT IN INDIA
• Step 1: File an Application:
• The author of the work, copyright claimant, owner of an exclusive right
for the work or an authorized agent file an application either physically
in the copyrights office or through speed/registered post or through e-
filing facility available on the official website (copyright.gov.in).
• Step 2: Examination :
• Once the dairy number is issued, there is a minimum 30 days waiting
period. In this time period, the copyright examiner reviews the
application. This waiting period exists so that objections can arise and
be reviewed.
• Step 3: Registration:

10. DIFFERENT TYPES OF LIABILITIES
1) DIRECT LIABILITY :
• A direct liability refers to a situation in which a person or a
company becomes liable to another on the basis of their own act.
• To succeed on a claim for direct copyright infringement, a
plaintiff must prove two elements:
(1) Ownership
(2) Violation

11. 2) INDIRECT LIABILTY
• CONTRIBUTORY LIABILITY:
• Contributory liability has been widely defined as a form of liability on the part
of someone who is not directly infringing but nevertheless is making
contributions to the infringing acts of others.
• VICARIOUS LIABILITY
• Vicarious liability is a legal term used to explain the legal responsibility one
party may hold for actions that cause harm, even if they aren't the party that
directly caused the harm.

12. ADAPTATION ON INTERNET
• An alteration in the original work to produce a new work is generally termed
as adaptation. The alteration which is done on internet is called adaptation on
internet.
• However, there exists a difficulty in protection of adaptation right on the
Internet due to the vastness and depth of the material available on the
internet.
• Users gather the works available on the Internet and add new features to it
for commercial use.
• Many cases have arisen where there has been copyright infringement in
adaptation work on internet.
• Case studies follows…..

13. CASE STUDIES

14. 1. Blake A. Field vs Google.Inc.
• Summary
• Nevada lawyer Blake A. Field was a attorney ,author and a member of state bar
association of nevada.
• On May25th 2004 field raised a complaint
• Nevada lawyer Blake A. Field authored and registered for copyright several
works that he posted to his personal website, www.blakeswritings.com,
• knowing and intending that his works would be indexed and cached by
Google's automated Googlebot program.
• Field also knew that he could prevent Google's program from caching his site,
simply by including a "no-index" metatag on his web pages; but Field chose not
to do that.

15. • Field also knew that Google has a process that allows website owners to
have their pages removed from Google's cache; but Field didn’t do that
either.
• Instead, Field included code on his website that allowed Google to index
and cache it; and then he sued Google for infringement.
DMCA safe harbor
• Finally, the court held that Google qualified for the DMCA safe harbor
provisions of the 1998 Digital Millennium Copyright Act (DMCA)
• Which states that " service provider shall not be liable for monetary
relief for infringement of copyright by reason of the intermediate and
temporary storage of material on a system or network controlled or
operated by or for the service provider."

16. 2.Super Cassettes Industries Ltd vs Yahoo
• SCIL - proprietor of T- series
• The honourable Delhi high court on may 30, 2008 has issued a legal
copyright infringement notice to Yahoo and its subsidiary YWS India.
• The notice was issued by the plaintiff due to the hosting and uploading
of unauthorised and unlicensed copyright works of the plaintiff on the
Yahoo video portal (www.video.yahoo.com)
• Unlicensed hosting of copyright works by sharing websites have
become a menace, causing infringement of copyrights.
• High court further passed an order that the defendants or its officers,
servants, agents and representatives are restrained from infringing the
copyrighted works of the SCIL.

17. 3.Perfect 10 Vs Google
• Court:United States Court of Appeals for the Ninth Circuit
• Argued:November 15, 2006
• Decided:May 16, 2007
• In this case California federal court granted a plaintiff’s motion for a preliminary injunction against
the Internet search giant from creating and displaying thumbnail versions of the plaintiff’s
copyrighted photos in Google’s image search results.
• Perfect 10 publish an adult magazine and operate the subscription web site, perfect10.com. Both
feature high quality, nude photographs of “natural” models. Perfect 10 also licenses reduced-size
versions of its copyrighted images for download and use on cell phones to Fonestarz Media
Limited(“Fonestarz.”) Perfect 10’s copyrighted images appeared through the Google service in two
ways.
• Providing an "audience" for infringing websites and advertising those sites is not active
encouragement to the public to visit those sites. Therefore search engines cannot be held liable for
secondary or contributory infringement.
• Local storage is an automatic process that is typically non-commercial, and is likely fair use.

18. 4.Universal Int Music group vs Beijing Alibaba Co. Ltd
• In Jan of 2007, Universal music group, Warner music group, EMI music group and
SONY music entertainment together sued Beijing Alibaba company the founder of
“Yahoo, China “ for infringement of their copyrighted works.
• Yahoo, China provided unlicensed links of the copyrighted works of the plaintiff
companies on its search engine as claimed by the plaintiff in the court.
• In April of 2007, The Beijing Second Intermediate People's Court told that Yahoo
had no access to the music to be listened or download, the origin of the unauthorised
music are the third parties.
• Notices were sent to Yahoo, China to remove the music recordings from the
internet. The defendant couldn’t fulfil the obligation of removing all the recordings.
• Therefore the court referred to Article 23 of ‘Regulation on the Protection of the
Right to Network Dissemination of Information’ and stated that Yahoo, china had
amounted a direct infringement and are liable

19. THANK YOU