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Description
The idea of copyright protection developed after the invention of printing press though it was originated in Roman period. The law of copyright has become globalised in the wake of the Berne Convention, GATT & TRIPs. Copyright is now one of the important branches of intellectual property that constitutes the preponderant component of modern business. Industrial design too has emerged as a significant element thereof.
Overview of the Law
Any written matter whether in any language, digital form or symbols are capable of copyright protection if it has the requisite degree of originality and not copied from some other source. What is important is that it should originate from the person himself. It may also contain matters in the public domain provided that the author has shown sufficient originality in producing the work. The development of internet has enabled the communications of information from one computer to another at any corner of the world within fraction of a second.
Extensive coverage
In this edition, the author has tried to keep the reader abreast with the latest development of the law and focused the problems that are usually faced by the owners of copyright as well as others concerned by way of assignment and licence; issues of infringement of copyright, criminal proceedings, copyright society, industrial design; legal consequences of copyright conventions and so on. The author with his erudition has also extracted the principles that govern the Indian scenario as reported in different cases and judicial pronouncements appearing in the Reports of Patent, Design and Trade Mark Cases (RPC) and in Fleet Street Reports (FSR).
Rich appendices
In the appendices stands included almost all the relevant statutes, both Indian and English, as amended till date as well as those of the repealed Acts as are still considered useful in understanding the case laws based on those statutes.
This new edition looks at the law from every angle of practice and procedure in the light of practical utility. It is sure to prove an indispensable companion for lawyers, judges, business executives and the general people at large who search for authentic versions in this realm.
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Contents
1. Introduction
2. Nature of Copyright
3. Literary, Dramatic and Musical Works
1. Literary Works
2. Dramatic Works
3. Musical Works
4. Artistic Works
5. Cinematograph Films and Sound Recordings
1. Cinematograph Films
2. Sound Recording
6. Author and Ownership of Copyright
7. Rights Conferred by Copyright
1. Nature of Rights
2. Literary, Dramatic or Musical Work
3. Artistic Works
4. Cinematograph Film
5. Sound Recording
8. Work of Joint Authorship
9. Term of Copyright
10. Assignment, Transmission and Relinquishment of Copyright
11. Licences
1. Voluntary Licence
2. Non-voluntary of Compulsory Licence
12. Rights of Broadcasting Organisations and of Performers
13. Publication and Public
14. Infringement of Copyright—General
1. Principles
2. Authorisation of Infringement
3. Acts not Constituting Infringements Statutory Exceptions
15. Infringement of literary, Dramatic and Musical Works
1. What Constitutes Infringement
2. Exceptions to Infringement
3. Musical Work - Special Features
16. Infringement of Artistic Work
1. What Constitutes Infringement
2. Industrial Drawings
3. Work of Architecture
4. Sculpture or any other Work of Artistic Craftsmanship
5. Acts not Constituting Infringement
17. Infringement of Cinematograph Films
18. Infringement of Sound Recording
Exceptions to Infringement of Sound Recordings
19. Remedies and Actions for Infringement of Copyright
1. Nature and Kind of Remedies - Civil
2. Jurisdiction of Courts
3. Parties to the Suit
4. Procedure before Court
5. Pleadings and Plaint
6. Defences
7. Discovery and Inspection
8. Evidence
9. Injunction
10. Damages
11. Conversion
20. Criminal Proceedings
Offences and Penalties
21. Threat of Legal Proceedings and Slander of Tide
1. Threat Action
2. Slander of Title - Malicious Falsehood
22. International Copyright
23. Copyright Societies
24. Copyright Office, Copyright Board, Registration of Copyright and Appeals
1. Copyright Office and Registrar of Copyright
2. Copyright Board
3. Importation of Infringing Copies
4. Registration of Copyright
5. Appeals
6. Miscellaneous
25. International Copyright Conventions
26. Breach of Confidence
1. Principles of Law
2. Employer-Employee Relationship
3. Industrial and Trade Secrets
4. Know-how
5. Remedies
27. Copyright in Industrial Designs
1. Introduction
2. What is a Registrable Design
3. What is not a Design
4. Novelty and Originality
5. Publication
6. Registration of Designs
7. Register of Designs
8. Assignments, Transmissions, Licences etc
9. Rectification of Register
10. Inspection of Registered Designs, Reports, etc
11. Rights Conferred by Registration
12. Infringement of Copyright in a Design - Piracy
13. Civil Remedies against Piracy of Copyright
14. Action for Groundless Threats
15. Powers and Duties of the Controller
16. Powers of Central Government
17. Miscellaneous
Appendices
1. The Copyright Act, 1957
2. The Copyright Rules, 1958
3. The International Copyright Order, 1999
4. The Copyright (International Organisations) Order, 1958
5. The Indian Copyright Act, 1914
6. The Designs Act, 2000
7. The Designs Rules, 2001
8. The Designs Act, 1911
9. The Designs Rules, 1933
10. GATT, 1994
11. TRIPS Agreement - Extracts
12. Ratification of Paris Convention
13. The Copyright, Designs and Patents Act, 1988 (UK)
14. The Copyright Act, 1956 (UK)
15. The Registered Designs Act, 1949 (UK)
16. Berne Convention for the Protection of Literary and Artistic Works
(Paris Act, 1971)
17. Universal Copyright Convention as Revised at Paris (1971)
Subject Index
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Author Details
P. Narayanan, MA, LLB, Advocate
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