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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Prof. Shaber Ali. GProf. Shaber Ali. GSR. FACULTY,SR. FACULTY,
V.M.SALGAOCAR COLLEGE OF Law, PANAJIV.M.SALGAOCAR COLLEGE OF Law, PANAJI
INTELLECTUALINTELLECTUAL
PROPERTYPROPERTY
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Concept of properyConcept of propery
Someof the bundle ofrights overSomeof the bundle ofrights overthe property are:the property are:
PossessionPossessionAlienationAlienation
OwnershipOwnership
UsageUsage
ApplicationApplication
Right toexclude nonRight toexclude non--ownersownersEnjoymentEnjoyment
PoweroftrasferPoweroftrasfer
ControlControl
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Kinds of PropertyKinds of Property
It is of two kindsIt is of two kinds
Movable property andMovable property and
Immovable propertyImmovable property
New kind ofpropertyNew kind ofproperty IPIP
IP is a kind ofproperty created by intellectIP is a kind ofproperty created by intellect
ofhuman mind or human brainofhuman mind or human brain
Creation ofhuman intellect was called asCreation ofhuman intellect was called as
Industrial propertyIndustrial property
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
ContentsContents Concept of IPConcept of IP kinds ofPropertykinds ofProperty
Importanceof IPImportanceof IP Subject matterof IPSubject matterof IP
CopyrightsCopyrights Literary workLiterary work
Dramatic workDramatic work
Musical workMusical work
Artistic wo
rkArtistic wo
rk Cinematographic workCinematographic work
Sound recordingSound recording
Author and ownerofCRAuthor and ownerofCR
Terms ofCRTerms ofCR
Procedure toobtain CRProcedure toobtain CR
Authorities and remediesAuthorities and remedies
TrademarksTrademarks ObjectivesObjectives
DefinitionDefinition
FunctionsFunctions
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
The concept ofThe concept of
intellectual propertyintellectual property In the beginning it was known asIn the beginning it was known as
industrial propertyindustrial property
After adding copyrights to thisAfter adding copyrights to this
industrial property need to changeindustrial property need to change
the namethe name -- IPIP
Unlike other forms of property,Unlike other forms of property,intellectual property isintellectual property is nonphysical /nonphysical /
intangible / incorporeal propertyintangible / incorporeal property
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Need for IP ProtectionNeed for IP Protection
To protect the interest ofauthor/inventorTo protect the interest ofauthor/inventor
Toencourage scientific discoveriesToencourage scientific discoveries
Provides economical benefitProvides economical benefit inventor,inventor,countrycountry
Transferof technologyTransferof technology
Cultural developmentsCultural developments It is important for all whoengage inIt is important for all whoengage in
business or industrial activitybusiness or industrial activity
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Kinds of Intellectual PropertyKinds of Intellectual Property
It is of two kindsIt is of two kinds
Industrial PropertyIndustrial Property
CopyrightsCopyrights
Various kinds of IP are recognizedVarious kinds of IP are recognized
under WIPO Article 2 (viii) and TRIPSunder WIPO Article 2 (viii) and TRIPS
Agreement Sec.I toSec VIIAgreement Sec.I toSec VII
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Legal frame work of IPLegal frame work of IP
Copyrights and neighboring rightsCopyrights and neighboring rights
TrademarksTrademarks
PatentPatent
Trade secretsTrade secrets
Layout designs and ICLayout designs and IC
Plant varietiesPlant varieties
DesignsDesigns
Traditional knowledgeTraditional knowledge
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Most important IPRMost important IPR
CopyrightsCopyrights
TrademarksTrademarks
PatentPatent
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
SUBJECT MATTER OF CRSUBJECT MATTER OF CR
Chapter IIIChapter III -- Sec. 13Sec. 13
Sec. 13 (1):Sec. 13 (1): CR shall subsistCR shall subsist
throughout India in certain classes ofthroughout India in certain classes of
work. They arework. They are
a.a. Original literary, dramatic, musical andOriginal literary, dramatic, musical and
artistic worksartistic worksb.b. Cinematographic films andCinematographic films and
c.c. Sound recordingSound recording
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Literary workLiterary work
CR subsist in original literary work as perCR subsist in original literary work as per
Sec. 13 (1) (a)Sec. 13 (1) (a)
Originality relates to theexpression ofOriginality relates to theexpression ofthoughtthought -- such expression need not besuch expression need not be
originaloriginal
Theessential element is that the work mustTheessential element is that the work must
not be copied from another worknot be copied from another work
There is no CR in an IDEA as suchThere is no CR in an IDEA as such
Once the idea is written down, the writing is theOnce the idea is written down, the writing is the
subject ofCR and noone is entitled to copy itsubject ofCR and noone is entitled to copy it
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
OriginalOriginal To secure a CRTo secure a CR -- LABOUR, SKILL andLABOUR, SKILL and
CAPITAL should beexpendedCAPITAL should beexpendedsufficientlysufficiently
Literary work need not have any literaryLiterary work need not have any literaryqualityquality Example:Example:
A work as an indexofrailway chart,A work as an indexofrailway chart,railway guideor list ofstock exchangerailway guideor list ofstock exchangequotationsquotations
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
General meaningGeneral meaning
General literary work means workGeneral literary work means work
written or printedwritten or printed
in any language such asin any language such as
novels,novels,
poe
try, histo
ryo
rpoe
try, histo
ryo
r books on any subjectbooks on any subject
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Literary workLiterary work
Literary work is not confined to works ofLiterary work is not confined to works ofliteratureliterature
It includes all works expressed in writing withIt includes all works expressed in writing with-- literary merit or notliterary merit or not
Examples:Examples: Arithmetic tables, football coupons, logarithmicArithmetic tables, football coupons, logarithmic
tables, railway timetable, telephonic directories,tables, railway timetable, telephonic directories,and IT returns are considered, as literary workand IT returns are considered, as literary work--therethereis no senseofbeautyis no senseofbeauty
Literary work must beexpressed in someLiterary work must beexpressed in somematerial formmaterial form writing/ printing/ symbolswriting/ printing/ symbols
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Inclusive wordsInclusive words -- LWLW
Computer, computer programmes andComputer, computer programmes and
computer databasecomputer database added inadded in
1984,1994 and 19991984,1994 and 1999
1994 amendment substituted a new1994 amendment substituted a new
definitiondefinition includes computerincludes computer
programmes, tables, and compilationprogrammes, tables, and compilationincluding computer databasesincluding computer databases
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LW includesLW includes
1.1. Shorthand and BrailleShorthand and Braille
2. Head notes, clear and concise principles of2. Head notes, clear and concise principles ofLaw, preparation ofhead notes, side noteLaw, preparation ofhead notes, side note
ormarginal notes ofa report ofaormarginal notes ofa report ofa
Judgment requires skill and thoughtJudgment requires skill and thought
3. Copyright subsist in COMMENTARIESon3. Copyright subsist in COMMENTARIESon
ActsActs
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LW includesLW includes4. Copyrights subsist in Letters4. Copyrights subsist in Letters--PrivatePrivate
letters, commercial letters andletters, commercial letters andgovernment lettersgovernment letters
5. Preparation ofquestionnaire5. Preparation ofquestionnaire
6. COLLECTIVE WORK:6. COLLECTIVE WORK: It must beoriginal involvement of labour, skill andIt must beoriginal involvement of labour, skill and
judgmentjudgment It consist ofa mixtureof literary and artisticIt consist ofa mixtureof literary and artisticmaterial orexclusively artistic materialmaterial orexclusively artistic material
Dictionaries involve skill, labouretc.Dictionaries involve skill, labouretc.
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LW includesLW includes
7. Research Thesis and Dissertation7. Research Thesis and Dissertation
8. Religious preaching8. Religious preaching
9. News reports9. News reports
10. Catalo
gues10. Catal
ogu
es11. Code words for cabling purposes11. Code words for cabling purposes
12. Game Rules12. Game Rules -- housie gamehousie game
13. Almanac or panchang13. Almanac or panchang
14. Lectures delivered14. Lectures delivered
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Exceptions to LWExceptions to LW
No CR protectionNo CR protection thefollowing worksthefollowing works
Historical workHistorical work
Reports of judicial proceedingsReports of judicial proceedings Single letteror wordSingle letteror word
Titleofbooks, TV Programmes, CartoonsTitleofbooks, TV Programmes, Cartoons
Pocket diaries, calendarsPocket diaries, calendars Speech or lecture deliveredSpeech or lecture delivered
SlogansSlogans
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
DEFINITIONDEFINITION
Sec. 2(h)Sec. 2(h) ofCR Act, 1957ofCR Act, 1957-- DW includesDW includes
Any piecefor recitation, choreographicAny piecefor recitation, choreographic
work and entertainmentwork and entertainment
In dumb showIn dumb show
The scenic arrangement or acting formofThe scenic arrangement or acting formof
which iswhich is -- in writing orotherwisein writing orotherwise
It doesnt include a cinematographic filmIt doesnt include a cinematographic film
The script or scenarioforThe script or scenariofor
cinematographic film is DWcinematographic film is DW
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AdaptationAdaptation
Adaptation in relation to DW means asAdaptation in relation to DW means asdefined underdefined underSec. 2 (a)Sec. 2 (a) that isthat is Conversion of the work into a nonConversion of the work into a non--DWDW
The abridgement ofany workThe abridgement ofany work
In which story or action is conveyedIn which story or action is conveyed
Wholly ormainly by means ofpictureWholly ormainly by means ofpicture
In a form suitablefor reproductionIn a form suitablefor reproduction In bookIn book
In news paperIn news paper
MagazineMagazine
Similar periodicalSimilar periodical
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DW includesDW includes
CHOREOGRAPHY:CHOREOGRAPHY: It is the art ofarranging or designing ofballet or stage dance inIt is the art ofarranging or designing ofballet or stage dance in
symbolic languagesymbolic language
SCENIC ARRANGEMENTS OR ACTING:SCENIC ARRANGEMENTS OR ACTING:
Scenic effects or stage situations must be reduced in to someScenic effects or stage situations must be reduced in to somepermanent formpermanent form
Costumed used by actorsCostumed used by actors --formofdrawingformofdrawing --as artistic workas artistic work
GAGS:GAGS: Gags are an actors interpolations in dramatic dialogue are notGags are an actors interpolations in dramatic dialogue are not
the subject matterofCRthe subject matterofCR -- not permanentnot permanent
BALLET:BALLET: Theelements ofballet aremusic, the story, choreography,Theelements ofballet aremusic, the story, choreography,
scenery and the costumesscenery and the costumes
It includes composite workIt includes composite work
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
DRAMA or FILM BASED ONDRAMA or FILM BASED ONNEWSPAPER ARTICLE:NEWSPAPER ARTICLE:
Theform, manneror arrangement ofaTheform, manneror arrangement ofadrama and movie arematerially differentdrama and movie arematerially differentfrom a newspaper articlefrom a newspaper article
There is substantial dissimilarity in aThere is substantial dissimilarity in a
newspaper article and in a stage play ornewspaper article and in a stage play ormoviemovie
The difference is by natureof themedia,The difference is by natureof themedia,modeofexpression of the ideamodeofexpression of the idea
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Artistic WorkArtistic Work
Sec. 2 : AW meansSec. 2 : AW meansi.i. Painting, Sculpture, drawing (including aPainting, Sculpture, drawing (including a
diagram, map, chart, or plan) an engraving ordiagram, map, chart, or plan) an engraving or
a photographa photograph
ii.ii. Work ofarchitecture andWork ofarchitecture and
iii.iii. Any other work ofartistic craftsmanshipAny other work ofartistic craftsmanship
It is concerned with visual imageIt is concerned with visual image
Mc Donalds CorpMc Donalds Corp Letter M in a particular styleLetter M in a particular style respondentrespondent
Injunction was grantedInjunction was granted
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Sculpture & EngravingSculpture & Engraving
SculptureSculpture -- casts and modelscasts and models
Chiseling stone, carving wood, modelingChiseling stone, carving wood, modeling
clay, casting metal or similar processclay, casting metal or similar process CR subsist in original sculptureCR subsist in original sculpture
Engraving: wood cuts, printsEngraving: wood cuts, prints
Art of inscribing or carving figureArt of inscribing or carving figure handhand
surface, metal surfacesurface, metal surface Engraving on a plateEngraving on a plate stone, block, mould,stone, block, mould,
rubberorothermaterialrubberorothermaterial
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
PaintingPainting
It is artistic workIt is artistic work no qualityno quality
It is a product ofart representing,It is a product ofart representing,
depicting colours on surfacedepicting colours on surface
Facial painting is not paintingFacial painting is not painting
It includes e painting alsoIt includes e painting also
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
DrawingDrawing
Copyright law also protectsCopyright law also protects
Maps, plans, charts, diagramsMaps, plans, charts, diagrams
Without reference to artistic qualityWithout reference to artistic quality
Word drawing is not definedWord drawing is not defined any kid ofany kid of
drawingdrawing mechanical orengineeringmechanical orengineering
Drawing includesDrawing includes circuit diagrams,circuit diagrams,derivative drawing (earlierversionderivative drawing (earlierversion))
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
PhotographPhotograph
Photolithograph or any work produced byPhotolithograph or any work produced byany process analogous to photographyany process analogous to photography
Itm
ust beo
riginalItm
ust beo
riginal o
riginally taken by th
e
originally tak
en by th
ephotographerphotographer
Public objectPublic object pubic buildingpubic building subjectsubjectmatterofCRmatterofCR
Xerox
co
pyof
pho
to
graphXerox
co
pyof
pho
to
graph no
pro
tecti
onn
opro
tecti
on
Photograph ofcrowdPhotograph ofcrowd no permissionno permission
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Works of architectureWorks of architecture
Sec. 2 (b): any building or structureSec. 2 (b): any building or structure
Design ormodel ofbuilding or struDesign ormodel ofbuilding or stru
Must have artistic characteror designMust have artistic characteror design
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Works of artistic craftsmanshipWorks of artistic craftsmanship
Artistic CraftsmanshipArtistic Craftsmanship
Include hand painted tiles, stainedInclude hand painted tiles, stainedglass windowsglass windows
Do not includeDo not include Photo typeor commercial furniturePhoto typeor commercial furniture
Work ofcobblerWork ofcobbler
Pro
ductsof
carpenter, paint
er, b
ookPr
oducts
ofcarp
enter, paint
er, b
ookbinder & weaversbinder & weavers
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Definition of Musical workDefinition of Musical work
Sec. 2 (p):Sec. 2 (p):
Work consisting of music andWork consisting of music and
Includes any graphical notationIncludes any graphical notation
Does not include any word or any actionDoes not include any word or any action
included to be sung, spoken or performedincluded to be sung, spoken or performed
with musicwith music
Sec. 14 (a): Copyright subsist in originalSec. 14 (a): Copyright subsist in original
musical work or its adaptationmusical work or its adaptation
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Originality and adaptationOriginality and adaptation
Originality requires skill, labour, and talentOriginality requires skill, labour, and talent
It needs some kind ofcreativityIt needs some kind ofcreativity
Adaptation means arrangement orAdaptation means arrangement ortranscription of the worktranscription of the work Arrangement includes arranging music, by addingArrangement includes arranging music, by adding
accompaniments, new harmonies, new rhythmsaccompaniments, new harmonies, new rhythmsand transcribing it for different musical forcesand transcribing it for different musical forces
Exam: selecting and arranging old tunes,Exam: selecting and arranging old tunes,orchestrating, ormaking a piano reductionorchestrating, ormaking a piano reduction
Technological changes in themusical industryTechnological changes in themusical industrybrought a new generation of copy culturebrought a new generation of copy culture
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
CINEMATOGRAPHIC FILMCINEMATOGRAPHIC FILM
Sec. 2 (f):Sec. 2 (f): defines the termdefines the termCinematographic FilmCinematographic Film--meansmeans1.1. Any work ofvisual recordingAny work ofvisual recording
2.2. On any medium produced throughOn any medium produced through
3.3. A process from whichA process from which
4.4. A moving imagemay be produced by anyA moving imagemay be produced by anymeans andmeans and
5.5. It includes sound recording accompanyingIt includes sound recording accompanyingsuch visual recordingsuch visual recording
6.6. Any work produced by any process analogusAny work produced by any process analogusto cinematograph including videofilmto cinematograph including videofilm
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
ORIGINAL WORKORIGINAL WORK
Nothing is mentioned under this Act thatNothing is mentioned under this Act that
thefilm
sho
uld beo
riginal as in the
caseof
thefilm
sho
uld beo
riginal as in the
caseof
literary, artistic and musical workliterary, artistic and musical work
Any substantial part of thefilm is anAny substantial part of thefilm is aninfringement ofany others copyrightinfringement ofany others copyright nonocopyright subsist in that filmcopyright subsist in that film
Cinematographic Film should originateCinematographic Film should originatefrom the producer and not a copy ofsomefrom the producer and not a copy ofsomeother copyrighted workother copyrighted work
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
ACTORSACTORS
Film includes performance by various actors,Film includes performance by various actors,dancers, singers and othersdancers, singers and others
Their permission is required tofilm theirTheir permission is required tofilm theirperformanceperformance
This is done by separate contract with theThis is done by separate contract with theperformerperformer
The Copyright (Amendment) Act, 1994 recognizedThe Copyright (Amendment) Act, 1994 recognizedcertain special rights ofperformers calledcertain special rights ofperformers calledPerformers Rights as underSec. 38Performers Rights as underSec. 38
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
SOUND RECORDINGSOUND RECORDING
Sec. 2 (xx):Sec. 2 (xx): Sound recording meansSound recording means1.1. Recording ofsound from which sounds may be producedRecording ofsound from which sounds may be produced
2.2. Regardless of themediumon which such recording wasRegardless of themediumon which such recording was
mademade Themethod by which the sounds are producedThemethod by which the sounds are produced
Copyrights will not subsist in any sound recording madeCopyrights will not subsist in any sound recording madein respect of literary, dramatic ormusical workin respect of literary, dramatic ormusical work
Musical work and sound recording embodying themusicMusical work and sound recording embodying themusicare considered separate subject matterofCRare considered separate subject matterofCR
CR in the recording ofmusic is separatefrom the CR inCR in the recording ofmusic is separatefrom the CR inthemusicthemusic
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
The CR in music recorded vests in theThe CR in music recorded vests in theproducerofsound recordingproducerofsound recording
Where
so
ngs has no
t bee
n written d
own andWh
ere
so
ngs has no
t bee
n written d
own andthe composer who is the performer recordsthe composer who is the performer records
the songthe song
Two CRs comes in toexistenceTwo CRs comes in toexistencesimultaneously onefor themusicsimultaneously onefor themusic
Onefor sound recordingOnefor sound recording
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
1.TERM OF CR IN LITERARY,1.TERM OF CR IN LITERARY,DRAMATIC, MUSICAL OR ARTISTICDRAMATIC, MUSICAL OR ARTISTICWORKWORK Work is published in the lifetimeof theWork is published in the lifetimeof the
autho
r CR subsist during the
life
time
of
theauth
or CR subsist during th
elife
time
of
theauthor + until 60 years from the beginning ofauthor + until 60 years from the beginning of
Calendar year (1st January)Calendar year (1st January)--next followingnext followingyear in which the author diesyear in which the author dies
In caseofJoint authorship the 60 yearsIn caseofJoint authorship the 60 yearsperiod will commence after the death of theperiod will commence after the death of theauthor who dies lastauthor who dies last
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
4.TERM OF CR IN PHOTOGRAPH4.TERM OF CR IN PHOTOGRAPH CR in photograph subsist until 60 yearsCR in photograph subsist until 60 years
5.TERM OF CR IN CINEMATOGRAPHIC5.TERM OF CR IN CINEMATOGRAPHICFILMFILM
Until 60 years from the beginning of theUntil 60 years from the beginning of theCalendarCalendar
6.TERM OF CR IN SOUND RECORDING6.TERM OF CR IN SOUND RECORDING
60 years in which the record is published60 years in which the record is published
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
7.TERM OF CR IN GOVERNMENT WORK7.TERM OF CR IN GOVERNMENT WORK Government is theownerof the 1st CR, CR subsistGovernment is theownerof the 1st CR, CR subsist
until 60 yearsuntil 60 years
8.TERM OF CR IN WORK OF PUBLIC8.TERM OF CR IN WORK OF PUBLICUNDERTAKINGUNDERTAKING CR will subsist for 60 years from the year in whichCR will subsist for 60 years from the year in which
it is 1st publishedit is 1st published
9.TERM OF CR IN WORK OF INTERNATIONAL9.TERM OF CR IN WORK OF INTERNATIONALORGANISATIONORGANISATION CR subsist until 60 years from the beginning of theCR subsist until 60 years from the beginning of the
Calendar year next following the year in which theCalendar year next following the year in which thework is 1st publishedwork is 1st published
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
10. BROADCAST REPRODUCTION RIGHTS10. BROADCAST REPRODUCTION RIGHTS The broadcasting reproduction rights shall subsistThe broadcasting reproduction rights shall subsist
until 25 years from the calendar year next followinguntil 25 years from the calendar year next following
the year in which the broadcast is madethe year in which the broadcast is made
11.PERFORMERS RIGHTSofperformers11.PERFORMERS RIGHTSofperformers
subsist until 50 years from the beginning of thesubsist until 50 years from the beginning of the
Calendar year next following the year in whichCalendar year next following the year in which
the performance is made.the performance is made.
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
AuthorAuthor -- OwnerOwner
Person whoowns a book or itsPerson whoowns a book or its
manuscript is not necessarily themanuscript is not necessarily the
owners ofCR there inowners ofCR there in Authorof the work is the 1st ownerofAuthorof the work is the 1st ownerof
the CR in the workthe CR in the work
This rule has certain EXCEPTIONSThis rule has certain EXCEPTIONS Author an Employee, work made inAuthor an Employee, work made in
the courseofemploymentthe courseofemployment
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
First ownerFirst owner
Section 17 of the ActSection 17 of the Act
Author is first ownerAuthor is first owner
UnlessUnless
Work made as an employeeWork made as an employee
Commissioned workCommissioned work
Government work orofpublicGovernment work orofpublicundertakingundertaking
OtherexceptionsOtherexceptions
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
AuthorAuthor
Authorof the work is first ownerofCR Sec.Authorof the work is first ownerofCR Sec.1717
Author in relation tovarious worksAuthor in relation tovarious works-- Sec. 2Sec. 2(d)(d) Name the author in thefollowingName the author in thefollowing
1.1. Literary/dramatic workLiterary/dramatic work
2.2. Musical workMusical work
3.3. Artistic workArtistic work
4.4. Pho
to
graphPho
to
graph5.5. Cinematographic filmCinematographic film
6.6. Sound recordingSound recording
7.7. Work created by computerWork created by computer
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
Procedure to obtain CRProcedure to obtain CR
Application in triplicateApplication in triplicate
Applicant to serve notice of his applicationApplicant to serve notice of his application
to every one who has any interest in theto every one who has any interest in thesubject mattersubject matter
ObjectionObjection received by Registrar of CR inreceived by Registrar of CR in30 days30 days inquiryinquiry
No objectionsNo objections enter in registerenter in register
RegistrarRegistrar send copies to the partiessend copies to the parties
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa
AuthoritiesAuthorities -- remediesremedies
CR OfficeCR Office -- RegistrarofCRRegistrarofCR
CR BoardCR Board Chairman +2/moreChairman +2/more
personspersons RemediesRemedies
InjunctionsInjunctions
Accounts ofprofitAccounts ofprofit
Administrative remediesAdministrative remedies
Criminal remediesCriminal remedies
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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa