Module4

Copyrights and
Trademarks
Prepared By
Supriya P
Copyrights
•Legal protections granted to creators of original works in literature and
computer software.
•Governed by the Copyright Act, 1957 in India.
It can be used only by owner ,cannot be used by anyone and cannot be
published by anyone.(Publication , distribution and usage).
Rules:
Adaption(Changing a book into a film)
Reproduction(Making copies)
Translation(into other languages)
•These rights ensure that creator control how their work is used, shared, or
modified
Classes of Copyrights
Criteria for Copyright
• To qualify for copyright, a work must meet the following:
• Tangible Form: Must exist physically (even briefly).
• Originality: Must be created from independent thought, not copied.
• Creativity: Even minimal creativity qualifies. There’s no fixed
threshold.
• Expression of Thought: The creator must express their own ideas.
• Even a scribbled speech draft can be protected if it reflects original
thought

❌ Examples That Do Not Qualify

• Changing the size of a book.
• Alphabetical phone directories (no creative selection).
OWNERSHIP OF COPYRIGHT
• Ownership depends on context:
• Individual Creator: Automatically owns the copyright.
• Employee Work: Employer owns the copyright if work is done under contract.
• Government Work: Owned by the government unless otherwise stated.
• Speeches: Speaker owns the copyright.
🔐 Using Copyrighted Material
• To use someone else's work, you must request permission from the legal owner. Include:
• Title, author/editor, edition.
• Exact material and number of copies.
• Purpose (e.g., education, research).
• Distribution method (e.g., print, online).
• Whether it will be sold(commercial or non commercial purpose)
RIGHTS OF THE AUTHOR
• 💰 Economic Rights
• Allow the author to earn from their work:
• Reproduction (e.g., printing, recording).
• Distribution (e.g., selling copies).
• Public performance (e.g., plays, music).
• Broadcasting (e.g., radio, TV).
• Translation and adaptation (e.g., novel to screenplay).
• 🧑‍🎨 Moral Rights
• Protect the personal connection between author and work:
• Right of Paternity: Author retains name recognition even if rights are sold.
• Right of Integrity: Author can prevent distortion or misuse of their work.
MULTIPLE RIGHTS HOLDER
• Some works involve many contributors:
• A musical recording may have:
• Lyricist
• Composer
• Singer
• Musicians
• Sound engineers
• Each may hold separate rights, making permissions more
complex.
Copyright Symbol
• • It is not mandatory to use the © symbol, but it helps in legal
protection.
• • Important details to include:
• - The © symbol (C in a circle) or the word 'Copyright'.
• - Year of first publication
• - Name or abbreviation of the copyright owner.
• • For sound recordings, the symbol used is ℗ (P in a circle).
Validity of Copyright
• • General validity period: 60 years.
• • For literary, dramatic, musical, or artistic works – counted from
the year after the author's death.
• • For films, sound recordings, photographs, and government
works – counted from the year of publication.
Copyright Profile of India (2015–2020)
• • Study shows a gradual increase in copyright applications
between 2015–2019.
• • Maximum applications received: 21,905 in 2019–20.
• • Maximum applications examined: 34,388 in 2017–18.
• • Registrations peaked at 19,997 in 2017–18.
• • The trend slightly decreased after 2018–19.
Copyright and the Word 'Publish'
• • A work is considered published when available to the public on
an unrestricted basis.
• • If restricted to few individuals, it’s not considered published.
• • Example: Article ‘Life in Himalayas’ shared with confidentiality
isn’t published.
• • If shared on the internet (public domain), it becomes
published.
• • Both published and unpublished works can be copyrighted.
Transfer of Copyrights to a Publisher
• Authors may transfer rights to publishers for financial benefits.
• Payment can be a lump sum or royalty.
• Risks:
• - Publisher may restrict display/revision of work.
• - Limited copies or no digital upload.
• • Authors should sign agreements carefully.
• • Rights may be partially transferred (e.g., print only).
• • Copyright can be reclaimed after 35 years under the
‘termination of transfer’ clause.
Copyright and the Word 'Adaptation'
• • Adaptation means creating a similar work based on an existing
one.
• Examples include:
• - Transforming a drama into a novel or vice versa.
• - Making a film based on a story or book.
• - literary work through pictures.
Copyright and the Word 'Indian Work'
• ‘Indian Work’ means a literary, dramatic, or musical work where:
• • The author is an Indian citizen.
• • The work is first published in India.
• • For unpublished work, the author was an Indian citizen at the
time of creation.
Joint Authorship
• • 'Work of Joint Authorship' means a work produced by two or
more authors.
• • Each author's contribution is inseparable or not distinct from
others.
• • All authors share equal ownership and rights in the work.
Copyright Society
• • Formed by authors and other copyright owners to manage and
protect their rights.
• • Registered under Section 33 of the Copyright Act, 1957.
• • Functions include:
• - Keeping track of rights and infringements.
• - Issuing licenses and collecting fees.
• - Distributing royalties among owners after administrative
deductions.
• • Can be formed by a group of seven or more copyright holders.
• • Registration is valid for five years.
Registered Copyright Societies in India
• 1. Society for Copyright Regulation of Indian Producers for Film and
Television (SCRIPT)
• - Located in Mumbai; handles cinematograph and television film
rights.

• 2. The Indian Performing Right Society Limited (IPRSL)

• - Handles musical works; located in Mumbai.

• 3. Phonographic Performance Limited (PPL)

• - Handles sound recordings; located in Mumbai.
Copyright Board
• • A regulatory and quasi-judicial body under the Copyright Act of
India.
• • Comprises a Chairman and 2–14 members.
• • Functions include:
• - Hearing appeals against Registrar of Copyrights.
• - Rectifying entries in the Copyright Register.
• - Adjudicating disputes on assignment of copyrights.
• - Granting compulsory licenses to publish or translate works.
• - Fixing royalty rates for sound recordings.
• - Resolving disputes about publication and copyright terms.
Copyright Enforcement Advisory Council
(CEAC)
• • Established in 1991 by the Government of India.
• • Reviews enforcement progress of the Copyright Act.
• • Advises the Government on measures for better enforcement.
• • The term of CEAC is three years.
• • Reconstituted periodically after its term ends.
International Copyright Agreements and
Conventions
• • Copyright laws are territorial – protection is valid only in the country
where created.
• • To secure protection abroad, authors must apply internationally or
through conventions.
• • India is a member of the following conventions:
• 1. Berne Convention (1886)
• 2. Universal Copyright Convention (1952)
• 3. Rome Convention (1961)
• 4. Multilateral Convention on Double Taxation of Copyright
Royalties (1979)
• 5. TRIPS Agreement (1995)
Protection of Foreign Authors in India
• • Foreign authors whose countries are members of:
• - Berne Convention (1886)
• - Universal Copyright Convention (1952)
• - TRIPS Agreement (1995)
• • Are protected in India under the International Copyright Order.
Trademark
• • A Trademark (or Trade Mark) is a unique symbol capable of
identifying and differentiating products or services.
• • The term 'Mark' can include a sign, design, phrase, slogan,
symbol, name, numeral, or a combination.
• • Essentially, a Trademark identifies a brand to consumers.
Eligibility Criteria for Trademark
• • Distinctiveness – Goods/services must be unique to identify
them as a Trademark.
• • Descriptiveness – Should not merely describe goods/services.
Example: 'Apple' for electronics.
• • Similarity – Must not resemble existing marks.
Who Can Apply for a Trademark
• • Any proprietor of a Trademark can apply.
• • Two or more applicants can file collectively with required
documents.
• • Organizations can file for a collective mark (e.g., Reliance
symbol).
Acts and Laws Governing Trademarks
• • Trademarks Act, 1999.
• • Trademarks Rules, 2002.
• • Amendments made in 2010 and 2017.
• • Administered by CGPDTM, Govt. of India.
Designation of Trademark Symbols
• ™ – Unregistered Trademark for goods.
• ℠ – Unregistered Trademark for services.
• ® – Registered Trademark; used by legal owner.
Classification of Trademarks
• • Classified as per the Nice Agreement (1957) administered by
WIPO.
• • 149 countries follow the same classification.
• • 45 classes total: 34 for goods and 11 for services.
• Examples:
• – Class 1: Chemicals used in industry, agriculture, etc.
• – Class 45: Legal and security services.
Registration of Trademark is Not
Compulsory
• • Legal Protection – Prevents misuse by others.
• • Exclusive Right – Owner can use and promote lawfully.
• • Brand Recognition – Builds brand value and goodwill.
• • Asset Creation – Becomes intangible property of the
organization.
Validity of Trademark
• • Valid for 10 years in India.
• • Can be renewed every 10 years perpetually.
• • Renewal must be filed using form ‘TM-R’ before expiry.
Types of Trademark Registered in India
• • Trademark can be a word, symbol, or name.
• • Prefer invented or unique words/geographical names.
• • Avoid common names or praising words (best, super, etc.).
• • Example: ‘BAJAJ’ named after Mr. Jamnalal Bajaj.