Copyright

Intellectual property rights are those that arises on the creation of a product out of
one's intellectual work. The word intellectual connotes only one idea, which is,
mental work, viz imagination. According to the World Intellectual Property
Organization (WIPO) intellectual property refers to creations of the mind:
inventions; literary and artistic works; and symbols, names and images used in
commerce.

Intellectual property is divided into two categories:

 Industrial property:
It is related to industry and commerce which includes patents for inventions,
registered trademarks, industrial designs and geographical indications,
semiconductor integrated circuits layout designs, new plant varieties
protection.

 Literary property:
It is related to the text, information and entertainment fields which includes
literary works (such as novels, poems and works), films, music, artistic
works (drawings, painting, photographs and sculptures), computer programs
and architectural design.

Copyright
Copyright is an intellectual property right given to the creators for the creations in
the field of literary, dramatic, artistic, musical, cinematography works and
sound recordings. It is an intellectual property right because, the work, which is
the subject giving rise to this right, is the result of the creative skills of the author
bringing about its existence. The right, in respect of the work created is called
intellectual property right because the work is the creation of the author's mental
capabilities.
Subject Matter- • Literary works such as novels, poems, plays, reference works,
newspaper articles; • computer programs, databases; • films, musical compositions,
and choreography; • artistic works such as paintings, drawings, photographs, and
sculpture; • architecture; and • advertisements, maps, and technical drawings.
Dramatic and Musical works.

If the work created satisfies the requirements of the Copyright Act, 1957 as to
originality etc., certain exclusive rights in dealing with that work are provided
under the Act, on the author. Those rights depend upon the nature of the work.
They include the right to make copies of the work, to distribute them, perform the
work in public or communicate to the public etc., which others are not permitted to
do, in relation to that work, without the author's consent.

The importance of stating that copyright inheres in the author is that on the
conditions of section 13 of the 1957 Act being satisfied, copyright in that work will
vest in the author of the work, without any further act by the author after the
creation of the work. Unlike in the case of a patent, there is no grant of copyright
by any public authority.

Registration of the copyright is not compulsory for the purpose of exercising any
of the rights under the 1957 Act. But in actual practice, registration of the
copyright according to the procedure provided under the 1957 Act is obtained by
the author, especially if the work is of significant commercial value, so that
infringers, actual and potential, would be put on notice on the fact of copyright
vesting in another and would not be in position to advance the defence in
infringement proceedings that they were not aware of copyright having vested with
the complaint.

General principles of copyright

Copyright subsists only to expression of an idea, not a mere idea. Copyright
protection is available only to an expression of ideas. It is a basic proposition in
copyright law that copyright is available only to an expression of an idea, which is
the manner of expression, and not to a bare idea. For example, the simple idea such
as Truth will triumph cannot be a subject of copyright, but if an author builds a
sequence of events, for example a story, which express this idea, in an original
manner, meaning thereby, in his own manner, the story, which in turn means the
expression of that idea, not the idea on which the story is built, will be eligible to
copyright, subject to the requirements of the Act.
The 1957 Act does not explicitly state that it is only the expression of an idea that
would be eligible to copyright protection and not bare ideas, procedures etc. But
the TRIPS Agreement states the fundamental concept of eligibility to copyright
protection, which is that ideas, procedures, methods of operation and mathematical
concepts as such are not entitled to copyright protection. However the specific
provision under the 1957 Act that copyright shall subsist only in the classes of
work stated therein which are:

a. Original literary, dramatic, musical and artistic works;

b. Cinematograph films; and
c. Sound recordings
Clearly shows that copyright protection, under the Act will extend only to
expressions and not to ideas. However, to put the matter beyond doubt, it would be
appropriate to exclude expressly what are not eligible to copyright protection.

Neighboring Rights
Neighboring rights, also known as rights neighboring to/related to copyright form
three categories of people who are not technically authors of the work so created
and are performing artists, producers of phonograms, and those that are involved in
television, radio and broadcasting. Printing, broadcasting, recording, performing,
translating or adaptation can be reproduced by their respective authors. Authors
further own the right to financially exploit their work and prohibit unlawful uses of
the same by others.

Leading International Treaties, Convention and Agreements on Copyright

The Berne Convention for the Protection of Literary and Artistic Works, 1886
The Berne Convention is the oldest international Convention in the field of
copyright providing the minimum standards of protection. While enacting the law
in respect of the literary and artistic this convention have to be compiled which
lays down fundamental principles that are capable of universal application in a
manner equitable to all interested in the right.
• The three basic principles are the following: •
(a) National Treatment - Works originating in one of the Contracting States (that
is, works the author of which is a national of such a State or works first published
in such a State) must be given the same protection in each of the other Contracting
States as the latter grants to the works of its own nationals
(b) Automatic - Protection must not be conditional upon compliance with any
formality
(c) Independence - Protection is independent of the existence of protection in the
country of origin of the work
• It provides that each member country must give foreign works the same
protections they give domestic works, even when the foreign works would not be
shielded under the copyright laws of the countries where they originated. For
example, even if a novel written in Bolivia by a Bolivian national were not
protected under Bolivian law, it would still be protected in Ghana if it fulfilled the
requirements for protection under Ghanian law
• If, however, a Contracting State provides for a longer term of protection than the
minimum prescribed by the Convention and the work ceases to be protected in the
country of origin, protection may be denied once protection in the country of origin
ceases.

Rights under Copyright •

Subject to certain allowed reservations, limitations or exceptions, the following are
among the rights that must be recognized as exclusive rights of authorization:
• the right to translate,
• the right to make adaptations of the work,
• the right to perform in public (dramatic, dramatico-musical and musical works)
• the right to recite in public (literary works),
• the right to communicate to the public the performance of such works,
• the right to broadcast
• the right to make reproductions in any manner or form
ECONOMIC RIGHTS
They allow rights owners to be paid when others use their works.
MORAL RIGHTS
They protect the personal connection creators have with their works.

Universal Copyright Convention, 1952

Universal Copyright Convention originally adopted in the year 1952 and later on
protocols to the Convention are done at Paris July 24, 1971. This Convention is
intended to facilitate a wider dissemination of works of the human mind and
increase international understanding.
The UCC was developed by the United Nations Educational, Scientific and
Cultural Organization (UNESCO) as an alternative to the Berne Convention for
those states that disagreed with aspects of the Berne Convention but still wished to
participate in some form of multilateral copyright protection.
To ensure respect for the rights of the individual and encourage the development of
literature, sciences and arts.
This convention provides for the effective protection in each of the contracting
states of the rights of authors and other copyright proprietors in literary, scientific
and artistic works, including writings, musical, dramatic, cinematographic works,
paintings engravings and sculpture; national treatment of nationals of other
contracting states in respect of their work published in their own states and
unpublished work; term of protection.
Protection shall extend to works protected under the convention either in their
original form or in any form recognizably derived from the original. Any dispute
between two or more contrasting states concerning the interpretation or application
of this convention, not settled by negotiation, shall unless the States concerned
agree on some other method of settlement, be brought before the International
Court of Justice of determination by it.

The WIPO Copyright Treaty (WCT), 1996.

This is a special agreement under the Berne Convention which deals with the
protection of works and the rights of their authors in the digital environment. The
Treaty also deals with two subject matters to be protected by copyright:
(i) computer programs, whatever the mode or form of their expression; [This
means that any computer made programs will come under literary work and all
rights of copyright there shall follow]……..and
(ii) compilations of data or other material ("databases"). [in any form, which, by
reason of the selection or arrangement of their contents, constitute intellectual
creations. This protection extends to compilation done on computer works but at
the same time any compilation which itself infringes any of the copyright of
another user will not be protected.
Article 11 and 12 of the WCT are important advances made towards more effective
copyright protection. They impose the obligation on the contracting parties to
provide legal remedies against the circumvention of technological measure used by
authors in connection with the exercise of their rights and against the removal or
altering of information, such as certain data that identify the work or their authors,
necessary for the management of their rights.

Article 18 and 19 of WPPT deal with obligations concerning technological

measures and rights management information in relation to the rights of performers
and producers of phonograms.

This treaty strengthen the basis towards:

i. The prohibition of infringements and attempts at infringement by

circumventing technological measures controlling access to a copyrighted
work and
ii. The preservation of the integrity of copyright management information.

TRIPS on copyright
Protection of works covered by Berne Convention (except moral rights)
• Article 10- Protection of computer programs as literary works and compilations
of data:
Computer programs, whether in source or object code, shall be protected as literary
works under the Berne Convention (1971)
Compilations of data or other material, whether in machine readable or other form,
which by reason of the selection or arrangement of their contents constitute
intellectual creations shall be protected as such. Such protection, which shall not
extend to the data or material itself, shall be without prejudice to any copyright
subsisting in the data or material itself.
• Exceptions to exclusive rights must be limited to special cases that do not conflict
with a normal exploitation of works and do not unreasonably prejudice the
legitimate interests of the right holder.
• Rental rights for computer programs, phonograms (sound recordings),
cinematographic works i.e the right to authorize or to prohibit the commercial
rental to the public of originals or copies of their copyright works
• Minimum duration of protection:
• life of author + 50 years;
• where term is calculated on a basis other than the life of a natural person – Date
of publication + 50 years
• Related rights - Recognition of rights of performers, producers of phonograms
and broadcasting organizations

Secondary Rights- Secondary rights are rights covering uses of copyright

protected works which are administered collectively rather than through individual
copyright licensing.\
‘Secondary rights’ (or ‘secondary use’) involve situations where a third party uses a work that’s
already been distributed to the public – such as when schools photocopy books they own, or
libraries lend books, or overseas TV companies retransmit UK TV signals.