Mr. Sameer Kedu Deode
PGEEDS
PRN NO - 2017017002723052
Scenario – 3, ACTIVITY – 3
PGEEDS
PRN NO - 2017017002723052
Scenario – 3, ACTIVITY – 3
1)
Copyright law of India
From Wikipedia, the free
encyclopedia
The Copyright Act 1957 (as amended by the Copyright
Amendment Act 2012) governs the subject of copyright law in India.[1] The Act is
applicable from 21 January 1958.[2] The history of
copyright law in India can be traced back to its colonial era under the British Empire.[3] The Copyright
Act 1957 was the first post-independence copyright legislation in India and the
law has been amended six times since 1957.[4] The most
recent amendment was in the year 2012, through the Copyright (Amendment) Act
2012.[5] India is a
member of most of the important international conventions governing the area of
copyright law, including the Berne
Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention
of 1961 and the Agreement
on Trade Related Aspects of Intellectual Property Rights (TRIPS).[6] Initially,
India was not a member of the WIPO Copyright
Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) but
subsequenty entered the treaty in 2013
Contents
- 1 Applicable Copyright Act before 1958
- 2 Definition of copyright
- 3 Types of works protected
- 4 Duration of copyright protection under the Copyright Act 1957
- 5 Foreign works
- 6 Ownership of copyright under the Copyright Act 1957
- 7 Exceptions to copyright infringement in India
- 8 Remedies available against copyright infringement in India
- 9 Further reading
- 10 See also
- 11 References
- 12 External links
Applicable Copyright Act before 1958
Prior
to 21 January 1958, The Indian Copyright Act, 1914, was applicable in India and
still applicable for works created prior to 21 January 1958, when the new Act
came into force[2]
(the Copyright Act of 1911 passed by the Parliament of the United Kingdom as
modified in its application to India by the Indian Copyright Act, 1914).[7][2]
According to this Act, the period of copyright for photographs was 50 years
from the time it was first published. ( Act language is:"the term for
which copyright shall subsist in photographs shall be fifty years from the
making of the original negative from which the photograph was directly or
indirectly derived, and the person who was owner of such negative at the time when
such negative was made shall be deemed to be the author of the work, and, where
such owner is a body corporate, the body corporate shall be deemed for the
purposes of this Act to reside within the parts of His Majesty's dominions to
which this Act extends if it has established a place of business within such
parts.")[8]
For photographs published, before 21 January 1958 in India, the period of
copyright is thus 50 years, as for them the old Act is applicable.[2]
Definition of copyright
Copyright
is a bundle of rights given by the law to the creators of literary, dramatic,
musical and artistic works and the producers of cinematograph films and sound
recordings.[9]
The rights provided under Copyright law include the rights of reproduction of
the work, communication of the work to the public, adaptation of the work and
translation of the work.[9]
The scope and duration of protection provided under copyright law varies with
the nature of the protected work.
In
a 2016 copyright lawsuit, the Delhi High Court
states that copyright is "not an inevitable, divine, or natural right that
confers on authors the absolute ownership of their creations. It is designed
rather to stimulate activity and progress in the arts for the intellectual
enrichment of the public. Copyright is intended to increase and not to impede
the harvest of knowledge. It is intended to motivate the creative activity of
authors and inventors in order to benefit the public."[10]
Types of works protected
The
Indian copyright law protects literary works, dramatic works, musical works,
artistic works, cinematograph films and sound recordings.[11]
Duration of copyright protection under the Copyright Act
1957
|
lifetime of the author + sixty
years[12]
from the beginning of the calendar year next following the year in which the
author dies.
|
|
Foreign works
Copyrights
of works of the countries mentioned in the International Copyright Order are
protected in India, as if such works are Indian works. The term of copyright in
a work shall not exceed that which is enjoyed by it in its country of origin.[14]
Ownership of copyright under the Copyright Act 1957
The
author of a work is generally considered as the first owner of the copyright
under the Copyright Act 1957.[15]
However, for works made in the course of an author's employment under a
"contract of service" or apprenticeship, the employer is considered
as the first owner of copyright, in the absence of any agreement to the
contrary.[16]
The
concept of joint authorship is recognised in Section. 2(z) of the Act which provides
that "a work produced by the collaboration of two or more authors in
which the contribution of one author is not distinct from the contribution of
the other author or authors" is a work of joint authorship. This
concept has been elucidated in cases like Najma Heptulla v. Orient Longman
Ltd. and Ors.
Section
19 of the Copyright Act 1957 lays down the modes of assignment of copyright in
India. Assignment can only be in writing and must specify the work, the period
of assignment and the territory for which assignment is made.[17]
If the period of assignment is not specified in the agreement, it shall be
deemed to be 5 years and if the territorial extent of assignment is not
specified, it shall be presumed to be limited to the territories of India.[18]
In a recent judgement (Pine Labs Private Limited vs Gemalto Terminals India
Limited), a division bench of the Delhi High Court
confirmed this position and held that in cases wherein the duration of
assignment is not specified, the duration shall be deemed to be five years and
the copyright shall revert to the author after five years.[19]
Exceptions to copyright infringement in India
The
Copyright Act 1957 exempts certain acts from the ambit of copyright
infringement.[20]
While many people tend to use the term fair use to denote
copyright exceptions in India, it is a factually wrong usage. While the US and
certain other countries follow the broad fair use
exception, India follows a different approach towards copyright exceptions.[21]
India follows a hybrid approach that allows-
- fair dealing with any copyrighted work for certain specifically mentioned purposes[22] and
- certain specific activities enumerated in the statute.[23]
While
the fair use approach
followed in the US can be applied for any kind of uses, the fair dealing
approach followed in India is clearly limited towards the purposes of
3.
reporting of current events and
current affairs, including the reporting of a lecture delivered in public.[27]
While
the term fair dealing has not been defined anywhere in the Copyright Act 1957,
the concept of 'fair dealing' has been discussed in different judgments, including the
decision of the Supreme Court of India in Academy of General Education v. B.
Malini Mallya (2009) and the decision of the High Court of Kerala in Civic
Chandran v. Ammini Amma.[28]
In
September 2016, the Delhi High Court ruled in Delhi University's Rameshwari Photocopy Service shop case, which sold photocopies of chapters from academic textbooks
was not infringing on their publisher's copyright, arguing that the use of
copyright to "stimulate activity and progress in the arts for the
intellectual enrichment of the public" outweighed its use by the
publishers to maintain commercial control of their property.[10][25]
However, in December 2016, the ruling was reversed and taken back to court,
citing that there were "triable issues" in the case.[29]
Remedies available against copyright infringement in India
The
Copyright Act 1957 provides three kinds of remedies - administrative remedies,
civil remedies and criminal remedies.[30]
The administrative remedies provided under the statute include detention of the
infringing goods by the customs authorities.[31]
The civil remedies are provided under Chapter XII of the Copyright Act 1957 and
the remedies provided include injunctions,
damages and account of profits.[32]
The criminal remedies are provided under Chapter XIII of the statute and the
remedies provided against copyright infringement include imprisonment (up to 3
years) along with a fine (up to 200,000 Rupees).[33]
Jurisdiction
[Place of Suing] Under Copyright Act, 1957
- Recently in 2015 the Jurisdiction law regarding Copyright Violation has gone
a drastic change by the following judgement of the Hon'ble Supreme Court -
Jagdish Singh Khehar and Arun Mishra, JJ. – Civil Appeal Nos. 10643 – 10644 of
2010 with 4912 of 2015 [arising out of SLP [c] No. 8253 of 2013], Dated
01/07/2015 – Indian Performing Rights Society Ltd. Vs. Sanjay Dalia and another
- - Copyright Act [14 of 1957], Section 62 – Trade Marks Act [47 of 1999],
Section 134 – Civil Procedure Code Section 20 – Suit for infringement of
Copyright of Trade Mark – Place of suing – Place where plaintiff resides or
carries on business or works for gain – Is an additional forum made available
to plaintiff by Section 62 of 1957 Act and Section 134 of 1999 Act –
Applicability of Section 20 of Civil Procedure Code is not completely ousted
thereby – If cause of action has arisen wholly or in part in place where
plaintiff resides or is doing business suit has to be filed at such place –
Plaintiff cannot drag defendant to far off place under guise that he carries
business there also. --- Interpretation of statutes – Mischief Rule –
Construction that suppresses even counter mischief has to be adopted. –
Interpretation of statutes – words notwithstanding anything contained in any
other law – do not always completely exclude applicability of other law. ----
Words and phrases – "Notwithstanding anything contained --- being in
force" – Do not necessarily exclude applicability of other law
Removing Digitialisation through OER in education system
1.
1. Removing
‘unfreedoms’ through OER use in India’s teacher education system Teacher
Education through School-based Support in India Presented by Leigh-Anne
Perryman, OER Research Hub Fellow Additional researchers Alison
Hemmings-Buckler, Open University Tim Seal, TESS-India Technical Director
#OpenEd14 #OER4D @OER_Hub @laperryman @TESSIndia
2.
2. The power
of OER to remove ‘unfreedoms’ • Amartya Sen: ‘Unfreedoms’: e.g. poverty,
limited economic opportunity, inadequate education and access to knowledge,
deficient health care, and oppression; • ‘Increasing the freedoms that men and
women enjoy is a definition of development, and greater freedom empowers people
to be more effective agents of development.’ (CoL 3 yr Plan); • OER: more
teachers; better teachers; more engaged learners; improved learner retention;
better access to Photo: Leigh-Anne Perryman CC-BY
3.
3. The need
for OER localisation Photos: Leigh-Anne Perryman CC-BY “What is the future of
open education? Where is it going? I think there is only one answer:
localisation.” (David Wiley, 2005) “Localization unlocks the power of OER.”
(Tiffany Ivins, 2012)
4.
4. Research
questions • What are the challenges to localising OER for use in development
education? • What is the impact of context and localiser perceptions? • How can
OER localisers best be supported? • What is the relationship between
institutional control, localiser freedom, and the spirit Photo: Leigh-Anne
Perryman CC-BY
5.
5. Background
● India: needs 1.33 million teachers; ● Bihar: 75% of teacher ed. colleges did
no training between 2007-2010; ● India - Bihar: 45% of teachers don’t have
minimum qualification; ● India: some states, only 1% pass Teacher Eligibility
Test; ● India – ASER: “A ritual exercise bringing the same disturbing but
worsening news” (Deccan Herald, 2013). Photo: Eric Parker CC-BY-NC
6.
6. Focus
States Assam, Bihar, Karnataka, Madhya Pradesh, Odisha, Uttar Pradesh, West
Bengal Subject areas English, Math Science, Leadership, Language & Literacy
Content • 125 Pan Indian study units; • Developed collaboratively; •
Standalone, self-directed; • Support teachers in changing their practice; •
Suggest and inspire, not prescriptive; • Promote reflection. Photo: TESS-India
CC-BY-SA
8.
8. Research
methods Interviews with localisers and localisation facilitators Research
Methods Document analysis of adapted OER Participant observation at
localisation workshops Conducted in Hindi and English Photo: Leigh-Anne
Perryman CC-BY
9.
9. TESS-India
localisation process § State based workshops led by third party NGO; § State Localisation Managers (SLM) – QA; § Subject Localisation Experts (SLE); § No direct control of adaptation; § Materials translated into Hindi before localisation.
Photo: TESS-India CC-BY-SA
10.
10. Challenges:
Translation ● Localisers don’t have translation skills + translation agency
doesn’t have context/educational knowledge; ● Possible distortion of meaning; ●
Localisers have to correct this, but have to look at English version to do so;
● Little use of Hindi keyboard so annotated hard copies Photo: Leigh-Anne
Perryman CC-BY-SA used - time consuming.
11.
11. Impact
of context • Navigating localiser preferences, perceptions and experiences; •
Hierarchical view of knowledge ownership and expertise; • Little understanding
of OER or online learning. Photo: TESS-India CC-BY-SA “Localization must
involve locals; [...] effective localization is directly proportional to
understanding local contexts.” (Tiffany Ivins, 2012) Photos: TESS-India
CC-BY-SA
12.
12. Navigating
perceptions and experience • SLEs’ background as textbook writers • Focus on
subject over method • Preference for formal, rather than conversational writing
style • Unfamiliarity with activity-based pedagogy Photo: Leigh-Anne Perryman
CC-BY
13.
13. Improving
localiser support • More time on OER familiarisation; • More development re.
unfamiliar pedagogies; Photo: TESS-India CC-BY-SA • Time for reflection after
the workshops; • Follow-up meetings allowing communities of
14.
14. Empowerment,
development & OER Neo-Colonialism Knowledge partnership The OER Engagement
Ladder © 2012 Joanna Wild, CC-BY
15.
15. Creating
a knowledge partnership Knowledge partnership Respect for individual
perceptions & experience Institutional (quality) control & guidance
Sensitivity to context (e.g. status of knowledge ownership) Openness &
‘embedded’ engagement with OER
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