1. Intellectual Property and its management in
Agriculture (E-course)
PGS 503 (1+0)
COPYRIGHT
Presented By-
Samjhauta Thapa
PALB-9133
Jr. M.Sc.(Agri)
Dept. of Ag. Economics
2. What is Copyright?
Copyright is a legal protection
extended to creators of original
works. It grants the creator
ownership rights for
literary, dramatic, musical, and
choreographed works;
pictorial, graphic, and sculptural
works; motion pictures and
audio-visual works; sound
recordings; computer
software, digital media, and
products; and other intellectual
property.
3. Trademarks & Copyrights are Different
• A trademark is a name, symbol, or other device
identifying a product
• Trademarks are not covered by the copyright law,
but by the Trademark Law
• Trademarks are frequently marked with a
registered trademark symbol--®
Example: Coca Cola ®, Nike®
4. Why Copyright ?
Favor Against
Rewards creative efforts. Protects corporate
interests only
Protects interest of the
creator
Criminalizing legitimate
use
6. What Can Be Protected?
• Literary Works
• Musical Works
• Dramatic Works
• Choreographic Work
• Pictorial, Graphic, and Sculptural
Works
• Motion Pictures and Audio
Visuals
• Sound Recordings
• Architectural Works
7. What is not protected by
copyright?
• Titles
• Slogans
• Short phrases
• Names
• Familiar symbols or designs
• Font designs
• Ingredients or contents
• Facts
• Blank Forms
etc.
8. What Does Copyright Give Rights Holders?
• Right to reproduce the work.
• Right to prepare derivative works.
• Right to distribute copies for sale.
• Right to perform AV works
publicly.
• Right to display musical and
artistic works publicly.
9. How Long Does Copyright Last?
• A copyright last for life of the individual plus 70
years for anything created on or after 1st January
1978.
• A copyright lasts for 95 years for corporate
authors after publication for anything on or after
1978. (It is 120 years after creation if not
published.)
• Works published before 1978 and after 1923 are
protected for 95 years.
10. What happens when Copyright
expires?
• After the period of copyright protection
has expired, a work becomes available for
use without permission from the copyright
owner; it is said to be “In the Public
Domain”. Most works enter the public
domain because the copyrights have
expired.
11. Indian Perspective on Copyright
The Copyright Act, 1957 confers
copyright protection in the following
two forms:
EconomicRights
Moral Rights
12. Economic Rights
• To produce copies or reproductions of the work
and to sell those copies (including, typically,
electronic copies)
• To import or export the work
• To create derivative works (works that adapt the
original work)
• To perform or display the work publicly
• To sell or assign these rights to others
• To transmit or display by radio or video
13. Moral Rights
(i) Right of paternity
• to claim authorship of work and to prevent all
others from claiming authorship of his work.
(ii) Right of integrity.
• to prevent distortion, mutilation or other
alterations of his work, or any other action in
relation to said work, which would be prejudicial
to his honour or reputation.
16. Assignment of Copyright
• The owner of the copyright may assign to any
person the copyright either wholly or partially.
• Duration, in case of default 5 years
• The moral rights are independent of the author’s
copyright and remains with him even after
assignment of the copyright.
17. Counterfeiting to Copyright
Counterfeit mark: • the production of certain brand bags by
putting a false label, and sold at low prices.
Counterfeit
products:
• copies of articles, similar to the original
under a different name
Infringement
"mixed :
• copy for both the model and brand. Ex.
Fake Louis Vuitton bags or Rolex watches
for instance.
Infringement of
copyright :
• copying or using the work of another
creator, without his prior permission
18. Penalty for infringement
• The minimum punishment for infringement of
copyright is imprisonment for six months with
the minimum fine of `50,000/-. In the case of a
second and subsequent conviction the minimum
punishment is imprisonment for one year and
fine of Rs. one lakh.
• All infringing copies of any work in which
copyright subsists and all plates used or intended
to be used for the production of such infringing
copies shall be deemed to be the property of the
owner of the copyright.
19. Indian CopyrightAct, 1957
• First right in India in 1914
• Now, Indian CopyrightAct,1957; w.e.f. 1958
• Further amendments in1983,1984,1992,1994,1999
adopted many English Provisions, introduced new
ideas and concepts.
• Created Copyright Office and Copyright Board
• Introduced civil and criminal remedies against
infringement
20. Copyright Act 1957 – Main Features
• Performing rights societies’ rights (for
instance, music royalties)
• Definition of categories in which copyright
actually subsists
• International copyright
• Definition of infringement
21. Assignment of copyright
• The author of a work is the first owner of the
copyright( Section 17).
• However, for works made in the course of an
author's employment under a contract of service, the
employer is the first owner of the copyright.
• The owner of the copyright in an existing work or
the prospective owner of the copyright in a future
work may assign to any person the copyright
either wholly or partially and either generally or
subject to limitations and either for the whole
term of the copyright or any part
22. Summary
• Each country has own law compliant to any
international convention
• Copyright prevents distribution of Idea, not Idea
itself
• It safeguards interest of the creators
• It encourages people to create something new
• Registration is not compulsory
• Economic rights can be assigned to another person
• Infringement is a criminal offence, if done knowingly
23. Remember
• It is permissible to download limited amounts of
material for use in a student project, but you can’t
download material from one web site and post it
to yours.
• Know that royalty-free doesn’t mean unlimited
rights—but it does expand your options
• There is a difference in personal use, educational
use, and the workplace.
24. Remember
• When you create a work, you own the rights to
that work.
• Creating projects for the classroom is not
necessarily the same as creating projects for
competition—know the guidelines.
25. For further study
•CMU copyright page: copyright.cmich.edu
•United States Copyright Office:
www.copyright.gov/
• Stanford Copyright & Fair Use Center
http://fairuse.stanford.edu/index.html
• CopyrightBay:
www.stfrancis.edu/cid/copyrightbay/
27. QUESTIONS:
1. Copyright act grants the creator ownership rights for Titles,
Slogans, Short phrases, Names- False
2. Trademarks are not covered by the copyright law, but by the
Trademark Law- True
3. 50 seconds is the fair use limitation of music, lyrics and
music videos under copyright act. – False
4. Registration for copyright is not compulsory- True
5. The author of a work is the first owner of the
copyright. – True
6. Indian Copyright act started in the year 1958- False