Expressions of Ideas & Copyright Dr. D.T.Mohan KrishnaPendekanti Law College Hyderabad

CopyrightAuthor

Entrepreneur User (disseminator)

Copyright-Balancing of interestsCopyright is also used to cope with the problem of how best to reconcile the partly shared, partly contradictory interests of authors who give expression to ideas; publishers who disseminate ideas; and members of the public who use the ideas. ---Edward W Ploman &L Clark Hamilton

Copyright- Monopoly Right Copyright - Monopoly to exploit ones own creation without having the right to proceed against the independent and identical creator.Example- Two persons take photograph of the monument Charminar and both get the copyright in their respective photographs without the right to proceed against each other. Copyright and other IPRs- Patent (Absolute monopoly)- Trademark (Protection based on unjust enrichment)- New plant variety Rights (qualified monopoly)

Copyright for expressionsCopyright protects only the expression of ideas and not the ideas themselves.Idea/Expression dichotomy- Protectable expressions & unprotectable ideas.Merger of Idea and expression- Expression is the sole form of the idea or it is necessarily incidental to the idea, efficiency being one type of such necessity -no protection in expression of such idea.Ex-TV serial swayamvar & Subh vivahEx- Question Paper & computer programmes

Copyright & Technological developmentsCopyright birth is attributed to the invention of printing press.Public Address system Right to communicate the work to the publicRecording & movie making technologies- Creation of new rights of the copyright owners and new works (Phonograms and cinematograph film)

Copyright & Technological developmentsBroadcasting Technology- Expansion of the right of communicating the work to the public- and recognition of new right (Broadcast Reproduction Right {BRR})Computer technology new works , new tests of infringements- new exceptions. Information Technology (Networking)expansion of communicating right- On demand availability right.

Copyright Literary, Artistic & other aesthetic creations (Cultural)Industrially applicable creationsOther functional & non-cultural goods Nature of Right - monopoly

Copyright PrinciplesIdeas are not protected only expressions of ideas are protectedTangible form-Material fixationOriginality in worksNo copyright in titlesNo protection to industrial applications-Functional Uses (utilitarian uses)Informal mode of acquisition of copyright

Copyrightable WorksLiteraryDramaticMusical ArtisticCinematograph filmSound RecordingComputer Programme

Rights of a Copyright OwnerReproduction RightRight of distribution Performing or Communication Right to the PublicRight to make film or Sound RecordingTranslation Right Adaptation RightRental Rights

Author &Owner of Copyrightable workAuthor-composer, artist, photographer& producer Author of a work is the owner of copyright in such workExceptions- Employment, commissioned works& Government worksTerm of copyright

Transfer of Copyright

Assignment of CopyrightWhole or Part assignment- in terms of period or rightsGeneral or Terms of assignment - In writing and signed by the owner Identification of the work Duration of assignment Territorial extent of assignment Subject to revision, extension and termination

Licensing of CopyrightVoluntary Licence General licence & Exclusive licence. Involuntary Licence- Compulsory Licence & Statutory Licence.Compulsory Licences- of withheld works- works of persons who can not be traced or found or of dead persons.-To produce and publish translations-to produce and publish works for educational uses- for the benefit of the disabled.Statutory Licences- for cover versions & for broadcasting of literary and musical works and sound recordings.

Infringement of Copyright Without the consent or licence of the owner reproducing , communicating the copyrightable work etc.Making for sale or hire any illegal copy Distributing or exhibiting any illegal copyImporting an illegal copyLetting any premises knowingly for an illegal communication of work to the public

Exceptions to InfringementFair useMedia useEducational Cultural Official documents useIncidental use

Authors Special Rights Right to be identified as an authorRight to prevent any distortion or mutilation and claim damages for such actsDriot De suite- Right to a share in the resale price proceeds

RemediesCivil- InjunctionDamagesDelivery of illegal copiesCriminal-Imprisonment Fine

Internet and copyright Internet has provided an astonishingly powerful form of networked communication across the globe. It enables the transmission of text, drawings, films, recording and data of every kind very rapidly and cheaply. This digital technology has transformed the market place for copyright protected works. It has opened up new ways of doing business and given right owners and consumers access to new on-line markets via-digital networks.This is posing new challenges in relation to enforcement of rights, since the internet also increase the ease with which IPRs in works in digital form can be infringedIt posed two perennial problems for right owners-commercial piracy and copying for private use. At the same time digital technology offers the promise of enabling right owners to control the use of their protected material and access thereto by technical means.

Infringement of copyright on internetPosting or uploading of materials on the websiteLinking (Surface &Deep linking)FramingCachingArchivingLiability of the service provider Copyright Act & IT Act

Copyright protection to SoftwareComputer progarmes either in the source code or object code are protected- Art.10 of the TRIPs Agreement. Ideas or themes are not protected. The developers do not reveal the source code.Software licenses place restriction on the use and modification of programmes. Resulting in the stalling of efficient development of new and innovative software technology.

Emergence of Open Source Movement Richard Stallman. A graduate student of Massachusetts Institute with the help of law professors published the General Public License, commonly known as the GPL.The GPL is generally referred to as a policy statement and license. Free Software Foundation (FSF), a tax exempt charity was created. FSF proposed a radical concept of free software with their slogan of free as in the free speech not in free beer.In 1992 a graduate student of the University o Helsinki named Linus Torvalds wrote a Unix- like kernel called Linex..

In, 1997, Eric Raymon, Bruce Perens, and Tim OReily, formed the Open Source Initiative (OSI) to promote the pragmatic benefits to the business community, and to certify free/open source licenses that meet the Open Source Definition.Open Source Definition defines the general requirements for a license to be considered open source. There are about 66 types of Open Source licenses approved and recommended by OSI.

Copyleft Central idea of copyleft is that we give everyone permission to run the programs, copy the program, modify the program, to distribute modified dversions. But not permission to add certain restrictions of their own. Thus, the crucial freedoms that define free software are guaranteed to everyone who has a copy; they become inalienable rights.- Stallman

Copyleft License A copyleft licence typically includes a clause that forbids users restricting its availability. The licence asserts copyright over the software. Use of the software is subject to the terms of the licence. The licence protects the integrity and continued availability of the software. In fact, without copyright, copyleft and the open source movement could not exist

Open Source movement Open source community aims to encourage the exchange of information on programming and facilitate the cooperative effort on open source projects, through the distribution of the source code free for use and modification. Open source software differs form the proprietary software as it allows free use of software and the mode of licensing structure.Proprietary software is release into the market by concealing the source code, whereas the open source software is made available to the users with the object code.

Open source movement promotes the idea of innovation and release of improved versions of software. Though the source code is available under the open sourcing and free use and modification of the software, OS licencing restrictions preserves its open source status and authorship right under copyright.

Thank You juristmohan@yahoo.com