1I COPYRIGHT ACT

INTRODUCTION Copyright is a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of works that are substantive and fixed in a medium. The Indian Copyright Act, 1957 governs the copyright protection in India. Copyright gives protection for the expression of an idea and not for the idea (patent system provides protection for implementation of an idea). For example, many authors write textbooks on physics covering various aspects like mechanics, heat, optics etc. Even though these topics are covered in several books by different authors, each author will have a copyright on the book written by him/her, provided the book is not a copy of some other book published earlier. The total term of protection for literary work is the authors life plus sixty years. For cinematographic films, records, photographs, posthumous publications, anonymous publication, works of government and international agencies the term is 60 years from the beginning of the calendar year following the year in which the work was published. For broadcasting, the term is 25 years from the beginning of the calendar year following the year in which the broadcast was made. COPYRIGHT VS PATENT To protect the exclusive rights of authors and inventors for their creative work either writing or inventions, copyrights and patent have been applied. Patents and copyrights safe the intellectual property of right person from being copied by any one. Both copyright and patent protect the creative work of intellectuals for a specific time and can be renewed. The aim of applying copyrights and patents is to promote the progress of science and useful arts. Copyright is given for a literary, dramatic, musical or artistic work or any other creation of cinematographic works and television productions. The domain of the Copyright includes writings, music, works of fine arts, paintings, sculptures, computer programs, electronic databases, books, pamphlets, lectures, addresses, sermons, dramatic-musical works, choreographic works, cinematographic works, drawing, architecture, engraving, lithography, photographic works, applied art, illustrations, maps, plans, sketches, three-dimensional works relating to geography, topography, translations, adaptations, arrangements of music, multimedia productions, etc. Copyright is automatic once the product is fixed in a tangible medium.

A patent is granted for an invention. An invention is defined as "a new product or process involving an inventive step and capable of industrial application." Therefore, the criteria for an invention to be patentable are -- (i) it must be novel or new; (ii) it must have an inventive step; and (iii) it must be capable of industrial application. Patent will be granted only after passing the patentable criteria.

Differences and Similarities Most people have confusion in copyright and patent. To magnify the difference between these terms, here are some points.

Copyrights are arts based, while patent are science-based protections. Copyright cover the works of authorship like literary, musical and dramatic work. On the other hand, patent protects those inventions that are new and useful. For applying copyright authorship must be original and real medium. The requirements for patent are new, useful and non-obvious. As the authorship work created, protection from copyright begins. While, patent protection is not applicable, until patent is properly issued. Copyright is issued to author until his/her life plus 50-70 years, depends upon country law. On the other side, patent protection time is different in different countries. Normally, patent provide protection for 10-20 years from the date of application. A copyright is almost free and paper work is not very complicated. On the contrary, applying process for patent is much difficult. The reason is that checking process of invention is so lengthy and costly.

No doubt, both Copyright and patent grant the owners of intellectual property their exclusive control over production, sale and advertisement. However, it is very important to clear the difference between these two terms and their condition of application, as a large number of intellectual work remain hidden from people eyes due to lack of knowledge.

COPYRIGHT REGISTRATION India is a member of the Berne Convention, an international treaty on copyright. Under this convention, registration of copyright is not an essential requirement for protecting the right. It would, therefore, mean that the copyright on a work created in India would be automatically and simultaneously protected through copyright in all the member countries of the Berne Convention. The moment an original work is created, the creator starts enjoying the copyright. However, an undisputable record of the date on which a work was created must be kept. When a work is published with the authority of the copyright owner, a notice of copyright may be placed on publicly distributed copies. For example: Copyright Year 2010, Origiin IP Solutions LLP, Bangalore All rights reserved

However, there are certain advantages of registering the work under copyright law such as the registration of copyright is authentic proof of ownership and can be produced in the Court as an evidence of ownership. In India the work can be registered at Copyright Registry, New Delhi. Registration include the following: 1. Registration establishes a public record of the copyright claim. 2. If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. 3. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorneys fees will be available to the copyright owner in court actions. 4. Registration allows the owner of the copyright to record the registration with the U.S. Custom Service for protection against the importation of infringing copies. 5. Registration entitles one to file suit in court against infringers and is required if one is to file suit regarding works of U.S. origin and for foreign works not originating in a Berne Convention Country. Waiting to register a copyright until infringement exists can be a mistake- sometimes a costly mistake. The owner of a copyright is ineligible to recover statutory damages or attorneys fees from the infringer for infringement of the following: 1. An unpublished work if the infringement commenced before registration 2. An unpublished work if the infringement commenced before registration and the copyright owner failed to register the copyright within three months of publication of the work Following persons are legally entitled to submit an application form seeking copyright registration: 1. The author, namely, the person who created the work or, if the work was made for hire, the employer or other person for whom the work was prepared 2. The copyright claimant, namely either the author of the work or a person or organization that has obtained ownership of all rights under the copyright initially belonging to the author 3. The owner of exclusive rights, namely, an entity who owns one or more of the rights represented by a copyright 4. The duly authorized agent of the above-mentioned author, copyright claimant or owner of exclusive rights To register a work, the following items should be sent in the same envelope or package to the Library of Congress: 1. A properly completed application form of the type furnished by the Copyright Office, also available on the internet 2. A nonrefundable filing fee of $20 for each application 3. A nonrefundable deposit of the work being registered, with the type of deposit required being determined as follows: a. If the work is unpublished, one complete copy or phonorecord

b. If the work was first published in United States on or after January 1, 1978, two complete copies or phonorecords of the best edition c. If the work was first published in United States on or after January 1, 1978, two complete copies or phonorecords of the work as first published d. If the work was first published in outside United States, one complete copy or phonorecord of the work as first published If a copyright office staff member needs more information, you will receive a telephone call. If the grant of a registration is to be refused, a letter will be provided explaining why. Once the application is approved by the Copyright Office, a registration certificate will issue. REGISTRATION RENEWAL AND TERMINATION OF TRANSFER

Criteria of protection To qualify for the copyright protection the work should fulfill following requirements: Idea-expression dichotomy The idea-expression divide or idea-expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea. Copyright law protects the expression of ideas, not the ideas itself. For example there are hundreds of movies based on love stories. Here idea is love story, which is not protected by copyright law. Expression of idea when expressed by different directors in different way is considered as different expression and hence gets protection under copyright law. Each expression and each movie will have individual copyrights. The idea of an anthropomorphic mouse may have at the same time struck many artists around the world but it was Walt Disney who shaped Mickey Mouse. Thus Mickey Mouse is a protectable expression and anybody who creates an anthropomorphic mouse wearing red suspenders looking like Mickey Mouse would infringe upon copyright. The idea of an anthropomorphic mouse can be used by any artists around the world to create unique expressions of this idea. Original/Creative In order to be original, the work should originate from the mind of the author and not copied from anywhere else. Originality, for copyright purposes, means the work is a result of independent, creative effort by the author. This applies whether the work is literary, musical, painted or drawn, or is photographed. The work must not, in whole or in part, be copied from earlier works.

Fixation Work should be fixed in some form and should not be abstract or imaginative e.g., if it is a song or drama it should be recorded, if it is a computer program it should be written. In other words, a medium where it is able to be perceived reproduced or otherwise communicated for a period of more than transitory duration. WHAT WORKS ARE PROTECTED BY COPYRIGHT? Indian Copyright Act, 1957 provides protection to following categories of works: "Literary work" includes computer program, tables and compilations including computer and databases Dramatic work includes recitation, scenic arrangement & work capable of being performed by action "Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection. Artistic work includes a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and any other work of artistic craftsmanship. "Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films. "Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings. TERM OF PROTECTION Term of protection in case of original literary, dramatic, musical and artistic works is 60-year period which is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication. WHO OWNS THE COPYRIGHT IN A WORK? Copyright protection subsists from the time the work is created in a fixed and tangible form. The general rule is that the person who creates a work is the author of that work. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. However, there is an exception to this principle. The copyright law defines a category of works called works made for hire. If a work is made for hire, the employer, and not the employee, is considered the author. An employer may be a firm, an organization, or an individual.

In the case of works made for hire, where an author has created the work while in his/her capacity of employee, the employer and not the employee is considered to be the author and copyright holder. Employee is a person who works under direction of employer, uses equipment of employer and gets salary & other benefits. The work done after office hours without directions of employer is not considered work for hire and author is owner of the work RIGHTS OF COPYRIGHT OWNER Copyright law gives following rights to the owner of work: To reproduce work To Issue copies To Perform in public or communicate to public To make cinematographic film or sound recording in respect of the work To make translation of work To make adaptation of work Sell or give on hire, or offer for sale or hire any copy of program Violation of any of the rights is called as infringement for which there could be either a civil or criminal offence. Reproduction of the work (making copies) is the most common type of infringement that takes place in day to day life. For electronic and audio-visual media, unauthorized reproduction and distribution is occasionally referred to as piracy or theft. Examples Taylor Bradford obtained an interim injunction from the Calcutta High Court restraining Sahara TV from broadcasting a locally produced television serial, Karishma-The Miracles of Destiny. Although an authorized mini-series had been broadcast worldwide, Taylor Bradford argued that she had never authorized Sahara to make or produce any serial or film based on the novels and that the series in question amounted to a reproduction of her copyright works. A copyright infringement case was filed against the Ram Gopal Varma for using the word Nishabd that was protected under the copyright act by a Bengali Film Maker. CBI officials in New Delhi nabbed Shekhar Verma, a former employee of Geometric Software Solutions Company and a computer engineer from the IIT, Kharagpur for stealing $60 million worth of source code of a software product of Geometric Software's US-based client, SolidWorks, and trying to sell them to other companies for a fortune.

 Delhi High Court awarded Microsoft damages of Rs 19.75 Lakhs in a civil copyright infringement case where Yogesh Popat and M/s Dyptronics Pvt Ltd, Mumbai were found indulging in loading of pirated or unlicensed software onto hard disk drive of assembled computers and selling to customers. Bangalore police arrested three software engineers for illegally copying software from employer, Ishoni Networks India Private Limited, Bangalore. They started a company, Ample Wave Communication Network and were using illegally copied code of Ishoni Networks at their company. Police seized four computers, four CPUs, four keyboards, one server and one laptop from the accused. Eight officials of the Radiant Software Ltd, Bangalore were arrested for using pirated version of Oracle software to train students. The police seized the company's hardware and pirated software, valued at Rs 100 million in Madras, and Rs 20.70 million in Bangalore. Later, the offices were also sealed for further investigation. It was found that Radiant was not authorized to impart training in Oracle software. MORAL RIGHTS OF AN AUTHOR The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other acts in relation to the said work if such distortion, mutilation, modification or other act would be prejudicial to his honor or reputation. Moral rights are available to the authors even after the economic rights have been assigned to someone else. It is interesting to note that moral rights are independent of the authors copyright and remains with him even after assignment of the copyright. In Amar Nath Sehgal vs Union of India (UOI) case, the moral rights of an artist over his work were put to test in the Delhi High Court, in 1992, in what was to become a 13-year legal battle, finally settled in 2005. Mr. Amar Nath Sehgal, Indias best known and internationally renowned sculptor and painter was commissioned by the Government for the creating bronze mural for the most prominent International Convention Hall in the Capital of the Country. The Bronze sculpture of about 140ft. span and 40ft. sweep took five years to complete and was placed on the wall of the Lobby in the Convention hall. This embellishment on a national architecture became a part of the Indian art heritage. In the year 1979, when government pulled down the sculpture from the walls of Vigyan Bhawan and dumped it in the storeroom, Mr. Seghal filed a petition in the Delhi High Court for recognition and enforcement of his moral rights on the work of art. Mr. Seghal contended that the mutilation of the work was prejudicial to his reputation as it reduced the volume of the corpus of his work. He further argued that where the right to integrity is violated, the remedy is not limited to injunction or damages. Mr. Sehgal prayed for the relief of permanent injunction for restraining UOI from further distorting or mutilating the mural and a sum of Rs. 50 lac as compensation for humiliation, hurt, injury and loss of reputation caused to him. Mr. Sehgal also prayed for a decree of delivery-up, directing UOI to return the mural to him and also bear the cost of such restoration. Recognizing the moral rights of the Mr. Sehgal over the Mural, Pradeep Nandrajog J. ruled:

"mural whatever be its form today is too precious to be reduced to scrap and languish in the warehouse of the Government of India. It is only Mr. Sehgal who has the right to recreate his work and therefore has the right to receive the broken down mural. He also has the right to be compensated for the loss of reputation, honor and mental injury due to the offending acts of UOI". The Court passed mandatory injunction against the UOI directing it to return the mural to Mr. Sehgal within two weeks from the date of judgment. Court passed a declaration transferring all the rights over the mural from UOI to Mr. Sehgal and an absolute right to recreate the mural and sell the same. The Court also granted damages to the tune of Rs.5 lacs and cost of suit to Mr. Sehgal against UOI. INFRINGEMENT AND ENFORCEMENT Anyone who exploits any of the exclusive rights of copyright without the copyright owner's permission commits copyright infringement. In order for a court to determine that a copyright in a work has been infringed it must find that: (1) The infringing work is "substantially similar" to the copyrighted work, and (2) The alleged infringer had access to the copyrighted work -- meaning they actually saw it or heard it. There are no clear rules for deciding when "substantial similarity" exists between two works. Courts look for similarities in appearance, sound, words, format, layout, sequence, and other elements of the works. In case of infringement, copyright owner can enforce his rights in the form of: Civil remedies: Injunction, damages or account of profit Criminal remedies: Imprisonment, fine or both TRANSFER OF COPYRIGHT The owner of the copyright in an existing work or prospective owner of the copyright, in the future work may assign to any person the copyright, either wholly or partially, on the following manner : 1. for the entire world or for the specific country or territory. 2. for the full term of the copyright or part thereof. 3. relating to all the rights compromising the copyright or only a part of such rights. HOW TO REGISTER COPYRIGHT? Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law.

The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at: B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003 Tel: 338 4387. Separate applications should be made for registration of each work and the requisite fee prescribed should accompany each application.

OFFENCES & PENALITIES Copyright Act 1957, s.64 empowers the Police (any officer not below the rank of sub-inspector) to seize infringing copies without warrant Police Raids (Power of search, seizure & arrest without a warrant) Fines (min. 50,000-200,000 INR) Imprisonment (6 months to 3 years) PUBLICATION AND USE OF A COPYRIGHT NOTICE Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership or by rental, lease, or lending. The concept of publication arises in many sectors of the copyright law. For example, the publication of a work may affect the limitations placed on the exclusive rights of a copyright owner in that published works are treated somewhat differently than unpublished work. The year of publication may determine the duration of copyright protection for anonymous and pseudonymous works and for works made for hire. Proper copyright notice includes three elements: 1. The Circle-C symbol, the word Copyright or the abbreviation Copr. 2. The year of first publication of the work; however, the year of first publication may be omitted where a pictorial, graphic, or sculptural work, with any accompanying textual matter, is reproduced in or on greeting cards, post cards, stationary, jewellery, dolls, toys or any useful article. 3. The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. For example, a proper copyright notice might read: 1998 John Doe If a work is first published during 1991 and then published during 1995 and 1998, the notice should read: 1991, 1995, 1998 John Doe For an unpublished work, copies that leave the control of the author or copyright owner may bear a notice such as

Unpublished work 1998 John Doe If an unpublished work contains confidential business information or other types of trade secrets, a more extensive notice such as the following may be appropriate: THIS UNPUBLISHED WORK IS THE PROPERTY OF JOHN DOE CORPORATION AND CONTAINS VALUABLE CONFIDENTIAL AND PROPRIETARY INFORMATION THAT IS NOT PERMITTED TO BE DISCLOSED, USED, OR REPRODUCED WITHOUT WRITTEN PERMISSION. IF THIS WORK BECOMES PUBLISHED, THE FOLLOWING NOTICE SHALL APPLY: 1998 JOHN DOE CORPORATION DEPOSIT REQUIREMENTS There are two distinct types of deposit requirements prescribed by the current copyright law: 1. Within three months of publication of a work within United States, two complete copies of the best edition must be deposited with the Library of Congress to aid the Library in building its collections 2. When and if registration of a copyright is undertaken, one must again make a deposit of copies, but this second deposit may be avoided if one applies for registration promptly after publication, in which case only one deposit need accompany the application for registration Failure to comply with the first of these deposit requirements will not jeopardize ones copyright rights. If one fails to comply with the deposit requirement of the law, there is the provision of the law that should be kept in mind. The Register of Copyrights may demand, at any time and at random, a deposit of two copies of any work published in United States. If such a demand is received, failure to comply can result in stiff fines. A $250 fine may apply for each omission, and an additional $2, 500 fine may apply for repeat violations. AMENDMENTS Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: omission of unnecessary referential words (such as of this section and of this Act) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including:

indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999) position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross references are changed accordingly case and appearance of letters and words, including: format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological). FACT SHEET NO. P-01 ISSUED: APRIL 2000 LAST AMENDED: 27TH NOVEMBER 2009 This fact sheet outlines the laws covering copyright in the United Kingdom and the work to which it applies. Copyright law and copyright originated in the UK from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988. Types of work to which copyright applies i. Literary Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters and articles etc. Computer programs regulations in 1992 also extended the copyright of literary works to include computer programs. ii. Dramatic Plays, dance, etc. iii. Musical Recordings and score. iv. Artistic Photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos, etc. v. Typographical arrangement of published editions Magazines, periodicals, etc. vi. Sound recording May be recordings of other copyright works, e.g. musical and literary. vii. Films

viii.Broadcasts and cable programs When copyright occurs Copyright arises whenever an individual or company creates a work: A work is subject to copyright if it is regarded as original, and must exhibit a degree of labour, skill or judgement. Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be. Who owns the copyright on a piece of work Normally the individual or collective who authored the work will exclusively own the work and is referred to as the 'first owner of copyright' under the 1988 Copyright, Designs and Patents Act. However, if a work is produced as part of employment then the first owner will normally be the company that is the employer of the individual who created the work. Freelance or commissioned work will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service). Just like any other asset, copyright may be transferred or sold by the copyright owner to another party. Copyright does not subsist in any part of a work which is a copy taken from a previous work. For example, in a piece of music featuring samples from a previous work, the copyright of the samples would still remain with the original author. Only the owner, or his exclusive licensee can bring proceedings in the courts. Duration of copyright The 1988 Copyright, Designs and Patents Act states the duration of copyright as: i. For literary, dramatic, musical or artistic works 70 years from the end of the calendar year in which the last remaining author of the work dies. If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), copyright will run for 70 years from the end of the year that the work was first made available. ii. Sound Recordings and broadcasts 50 years from the end of the calendar year in which the work was created, or, if the work is released within that time, 50 years from the end of the calendar year in which the work was first released. iii. Films 70 years from the end of the calendar year in which the last principal director, author or composer dies. If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available iv. Typographical arrangement of published editions

25 years from the end of the calendar year in which the work was first published. v. Broadcasts and cable programmes 50 years from the end of the calendar year in which the broadcast was made. vi. Crown Copyright Crown copyright will exist in works made by an officer of the Crown, this includes items such as legislation and documents and reports produced by government bodies. Crown copyright will last for a period of 125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published. vii. Parliamentary Copyright Parliamentary copyright will apply to work that is made by or under the direction or control of the House of Commons or the House of Lords and will last until 50 years from the end of the calendar year in which the work was made. Acts restricted by copyright It is an offence to perform any of the following acts without the consent of the copyright owner: i. Copy the work. ii. Rent, lend or issue copies of the work to the public. iii. Perform, broadcast or show the work in public. iv. Adapt the work. The author of a work, or a director of a copyright film may also have certain moral rights: v. The right to be identified as the author. vi. Right to object to derogatory treatment. Acts that do not infringe copyright Fair dealing is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are: i. Private and research study purposes. ii. Performance, copies or lending for educational purposes. iii. Criticism and news reporting. iv. Incidental inclusion. v. Copies and lending by librarians. vi. Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes. vii. Recording of broadcasts for the purposes of listening to, or viewing, at a more convenient time. This is known as time shifting. viii. Producing a back up copy for personal use of a computer program. ix. Playing sound recording for a non profit making organisation, club or society. (Profit making organisations and individuals should obtain a license from PRS for Music.) FACT SHEET NO. P-03 ISSUED: AUGUST 2000 LAST AMENDED: 20TH NOVEMBER 2009

This fact sheet explains copyright notices and how to use them to best effect in protecting your work. Copyright notices A copyright notice is a piece of text which accompanies a work and expresses the rights and wishes of the copyright owner(s). Need of copyright notice? There is no legal requirement to include a copyright notice. Whether a notice is used or not will not change the fact that copyright exists in the work. It is however strongly recommended that you include one on your work if all all possible to deter copyright infringement. Aim of copyright notice is to: i. Announce that copyright exists in the work. ii. Provide a means of identifying the copyright owner. iii. Deter infringement or plagiarism. Where the notice should be placed? The rule to adopt is to ensure that anyone with access to your work is aware of the copyright. If your work can be broken up into several pieces, then the notice should appear on each part. If it would normally be viewed as a whole then one will suffice. i. Written work For books, manuscripts and other written documents, you should only need one notice, typically this is on the first page or inside the front cover. ii. Leaflets, commercial documents, etc. Each item should contain a notice. iii. Web sites Web pages should have one on every page. iv. Music In the music industry, one is placed on the CD, cassette or LP itself, and one is included on the accompanying sleeve or booklet. v. Photographs and designs Place a notice at the bottom or on the reverse of the work. vi. Films Place one notice on the DVD or video cassette, and one on any accompanying sleeve or booklet. It is normal to also place a notice at the start of the film itself before any protected material may be displayed. Include acknowledgements for the copyright of any images, excerpts etc. that you have used which are not your own. Ensure that you obtain permission before you use anyone elses work. Copyright in sound recordings

Sound recordings have a copyright separate from the underlying musical composition, and a sound recordings should carry a phonographic copyright notice (denoted by the P in a circle) for the recording itself. The standard notice should also be used, but in the case of sound recordings this is used to protect the cover design, lyric sheets or other printed material included with the sound recording. Right to be identified as the author If for example, the work is distributed without your control, you will wish to ensure that you are still identified as the author/copyright owner. Note: Copyright is not normally infringed by acts done in the course of private research or study, criticism or news reporting. Examples of statements All rights reserved. A simple cover all statement. This is the most commonly used copyright notice, that simply emphasises the fact that you withhold all rights to the work, as applicable under law. Any unauthorised broadcasting, public performance, copying or rerecording will constitute an infringement of copyright. Another cover all statement, this one is designed for use on sound recordings, but can easily be adapted to apply to other types of work. The wording makes it clear that the copyright on the work is taken very seriously. Permission granted to reproduce for personal and educational use only. Commercial copying, hiring, lending is prohibited. For businesses and organisations this kind of notice can be of mutual benefit as allowing reproduction may help to promote their message. May be used free of charge. Selling without prior written consent prohibited. Obtain permission before redistributing. In all cases the copyright notice must remain intact. This is the type of notice often used for software distributed as "freeware" or "shareware", by specifying that the copyright notice remains intact you ensure that all copies will identify you as the author. Remember, copyright notices are straightforward statements, there is no need to get tied up with legal jargon, the point is to state your wishes clearly and succinctly. Additional deterrent against infringement. Notice of registration Works that have been registered with the UK Copyright Service may also include a statement to that effect. This is an additional deterrent which notifies others that there is very strong evidence with which to pursue a case if the work is infringed. The notice would normally appear next to or below the copyright notice and state. This work is registered with the UK Copyright Service. The statement may also include the registration number.

FACT SHEET NO. P-05 ISSUED: MARCH 2003 LAST AMENDED: 20TH FEBRUARY 2009 This fact sheet outlines suggested procedure to follow in the event that your work is infringed. Who can take legal action? Under the terms of copyright law only the copyright owner of a work (or his exclusive licensee) can bring legal action against the infringer. Has an infringement actually occurred Be clear in your mind that an infringement has actually occurred and that this is not simply a case of incidental inclusion or coincidence. The work should be substantially similar in design, structure or content to the degree that it can be said that the work was copied or adapted from your original. It is a good idea to show both works to a friend or colleague for a more objective opinion. Gather your evidence The success or failure of your case will rely on the quality of the evidence, so take time to gather your facts carefully. Your evidence should include: i. A copy of the infringing work. Wherever possible, obtain a copy of the infringing work, this will prove valuable if the other party later changes the content in an attempt to deny your claim. ii. A copy of your work. Using the copy of your work, note specific examples of where the two works match. Particularly good evidence is if you can find duplication of unique aspects of your work, for example, if an error in your original has been duplicated in the copy. iii. Date of registration and a copy of the registered version of your work (where applicable). For work registered with the UK Copyright Service the registration date (which is found on the registration certificate) represents the date from which you can prove that the work was in existence. If the work has evolved since registration, it is a good idea to also have a copy of the registered version, and match the infringing work against this. iv. Other dated documents. Any letters or other documents referring to the work before the date of infringement. v. Developmental work. a. Rough drafts. b. Previous versions. c. Synopsis, etc. These represent what is called evolution of ideas and are good as evidence to demonstrate that you developed the work rather than stealing it. Contact the copyright infringer

The first step is to make the infringer aware of your objection and put forward a reasonable settlement and time scale to reach the settlement. In your letter you should include: i. The name of the work(s) you are objecting to. ii. The reason why this is an infringement, i.e. an unauthorised copy, adaptation etc. iii. State that you believe this act constitutes and infringement of copyright. That your work is protected under copyright law and that this infringement constitutes a breach of your legal rights. iv. State that the infringement must stop. v. State what action is required to resolve the dispute, usually you would request the withdrawal of all copies of the work, (and any other encroaching materials). vi. Specify a deadline for your conditions to be met; i.e. 14 days. vii. State that you are seeking legal advice and that the case will be pursued if they do not comply with your request within the time period. It is normal to simply request the withdrawal of all infringing work as the first course of action, if however you believe that you are entitled to financial remuneration, such as damages or royalties, then contact a solicitor or lawyer immediately. Important points to note i. If the infringing material is being published on-line, also contact the service provider hosting the site, or providing the network access for the site, and let them know of the infringement. In many countries the Internet Service Provider can also be liable if they knowingly allow infringement on their networks to continue, so they will often act swiftly to remove the offending content of the site owner does not. ii. Wherever possible, keep a dated copy of the infringing material, (and ideally also send this to your solicitor). This will ensure that you always have evidence of the infringement in case of future problems. iii. Keep a copy of all correspondence you send or receive. iv. Do not enter into negotiations yourself, unless you are certain what you agree is in your interest. v. Do not sign any contracts or agreements unless you are certain what they involve. vi. If you are in any doubt, or do not receive satisfaction, speak to a solicitor or lawyer. vii. If you are a trading company, and the infringement is by a competitor with a similar name, though not directly a copyright claim, if you can establish that you were there first, then the infringer may also be guilty of trading off your name or reputation. viii. Always remain calm and courteous in your correspondence, do not allow yourself to get drawn into heated argument or debate. A professional and fair attitude will be a credit to you in the long run. Contact a solicitor If you have not settled the dispute within the deadline, or if you believe that you are entitled to damages and/or royalties, then you should present your evidence to your solicitor or lawyer. If you do not have a solicitor, contact your local Citizens Advice Bureau, or Business Advice Centre who will be able to put you in touch with a recommended solicitor in your area. Many

solicitors will offer a free half hour consultation for new clients, and it is well worth taking advantage of this to have the merit of your case professionally assessed. If you receive further correspondence Now that your case is in the hands of a solicitor it is best to stick to this course and refer all correspondence through your solicitor. This also has the benefit of demonstrating that you are not likely to back down, and you will have a good chance of being taken seriously. Further action As each case must be handled on its individual merits, this is where this fact sheet end and leaves you in the hands of solicitor. Benefit of a UKCS registration If your work is registered with the UKCS, the independent evidence your registration provides gives you the best possible chance of proving your case. Effectively forcing the other party to provide similar evidence which pre-dates your registration if they are to have any chance of defending their position. The irony is that by having such strong evidence you are often unlikely to need it in a formal legal proceeding. When the other party realizes strength of your case they will normally wish to come to an amicable agreement. You can of course call on UKCS for duplicate certificates and to provide a copy of the registered work if required, but your solicitor will be the best informed person to advise you on how to pursue the case from this point. FACT SHEET P-08: THE BERNE CONVENTION ISSUED: 5TH JULY 2004 LAST AMENDED: 6TH MARCH 2009 While details of copyright law will vary between nation states, the Berne Convention lays down a common framework and agreement between nations in respect to intellectual property rights. What is the Berne Convention? The full title is the Berne Convention for the Protection of Literary and Artistic Works. It was first adopted in 1886 as an agreement to honour the rights of all authors who are nationals of countries that are party to the convention. The current version of the convention is the Paris Act of 1971. The convention is administered by the World Intellectual Property Organization, (WIPO). Who does it apply to? The member countries form a Union, and the Act provides protection for the work of authors who are nationals of one of the countries of the Union, or where the work is first published (or simultaneously published) in a country that is a member of the Union. For the purposes of the

Convention, persons who are not nationals, but which have their habitual residence in a country of the Union, will be regarded as a national of the country. The terms of the Convention also provide an incentive for countries that are not part of the Union to protect work by nationals of countries of the Union. It states that where a country outside the Union does not provide adequate protection to authors, countries of the Union are entitled to not extend protection to nationals of that country, beyond that which is granted by the country. Which countries are signed up to the convention? A full list of signatories for Berne conventions may be found at the Copyright Aid web site. In addition to this, the TRIPS agreement which the 147 members of the World Trade Organisation have signed up to, stipulates basic intellectual property rights largely in accordance with the terms of the Berne Convention. What rights are provided? An author from any country that is a signatory of the convention is awarded the same rights in all other countries that are signatories to the Convention as they allow their own nationals, as well as any rights granted by the Convention. The Convention also sets out a minimum duration that copyright will apply in various types of work. For the period of copyright, the copyright owner has the following exclusive rights. None of the actions below can be carried out without permission: The right to authorise translations of the work. The exclusive right to reproduce the work, though some provisions are made under national laws which typically allow limited private and educational use without infringement (as discussed on our page P-09: Copyright law, fair use). The right to authorise public performance or broadcast, and the communication of broadcasts and public performances. The right to authorise arrangements or other types of adaptation to the work. Recitation of the work, (or of a translation of the work). The exclusive right to adapt or alter the work. The author also has the following moral rights: The author has the right to claim authorship The right to object to any treatment of the work which would be prejudicial to his honour or reputation. Duration of rights Although the Berne Convention states a copyright duration, this is in fact the minimum period of protection that must be provided by signatory countries. The national laws of individual countries may (and often do) provide a longer copyright duration. For further details please see our fact sheet P-10: Copyright Duration. FACT SHEET P-14 THE UNIVERSAL COPYRIGHT CONVENTION (UCC) ISSUED: 14TH JULY 2004 LAST AMENDED: 27TH JANUARY 2007

The Universal Copyright Convention (UCC), was first created in 1952 in Geneva, as an alternative to the Berne convention. Why was the convention needed? Some countries disagreed with certain articles in the Berne Convention, and were not prepared to sign up to the terms of the Berne Convention. Most notably the United States who at the time only provided protection on a fixed term registration basis via the Library Of Congress, and required that copyright works must always show the symbol. This meant that the US needed to make several changes to its laws before it could comply with the Berne Convention. The US finally signed up to the Berne Convention on the 1st of March 1989, and now only requires registration for work first published in the US by US citizens. The UCC ensured that international protection was available to authors even in countries that would not become parties to the Berne Convention. Berne convention countries also became signatories of the UCC to ensure that the work of citizens in Berne Convention countries would be protected in non-Berne Convention countries. How important is the Convention? The Universal Copyright Convention is of limited importance today, as most countries are now part of the Union of the Berne Convention. To ensure that the existence of the UCC did not lead to a conflict with the Berne Convention, Article 17 of the UCC states that the the convention does not affect any provision of the Berne convention, and the appendix declaration to the article goes on to state that any country that withdraws from the Berne Convention after 1st January 1951 will not be protected by the UCC in countries of the Berne Convention Union. This effectively gave the Berne Convention precedence and penalizes any country that withdraws from the Berne Convention to adopt the UCC. Terms of the Convention The convention details the following points: Contracting states provide the same cover to foreign published works as they do to their own citizens. States that require formal registration should treat works from foreign states that are signatories of the convention as though they had been registered in the state, provided that they carry a notice which includes the symbol and states the name of the owner. It sets a minimum duration for copyright protection as 25 years from the date of publication, and typically not less that 25 years from the authors death. With a notable exception of photographic and applied arts work which has a minimum protection of 10 years. It recognises the economic rights of the author, (the right to authorise reproduction, public performance, broadcasting etc.) It recognises the authors right to make translations of the work. It also specifies particular exceptions which may be applied to developing countries.

As with the Berne Convention, the UCC provides flexibility on how nation states implement details of the convention, and in order to understand specific aspects, it should be read in conjunction with national copyright laws.

COPYRIGHT LAW FACT SHEET P-10: COPYRIGHT DURATION ISSUED: 5TH JULY 2004 LAST AMENDED: 5 JULY 2004 National copyright laws stipulate the duration of copyright, and the actual duration will vary between nation states. The content of this fact sheet reflects the provisions of the Berne Convention and should be regarded as a rough guide only. Typical duration of legal copyright protection: Normal protection provided by the Berne Convention is life of the author plus fifty years from death, with the following exceptions: Film, cinematographic work: 50 years from the making of the work, or if made available to the public within the 50 years, (i.e. by publication or performance), 50 years from the date the author first makes the work available to the public. Anonymous works: 50 years from the date made available to the public. Artistic works, such as photographs and applied art: At least 25 years from creation. Duration will always run from January 1st of the year following the event indicated. In all cases, individual national laws can, and often will, allow additional protection over and above the terms of the Convention. For example, in the UK most work is protected for the life of the author plus 70 years. The Convention sets out what authors can realistically expect. There are also exceptions allowed for countries bound by the Rome Act. What happens when copyright expires? When the term of copyright protection has expired, the work falls into the public domain. This means that the work, has effectively become public property and may be used freely. It should be stressed that actual duration will vary under national laws, and you should check the laws of individual countries before you attempt to use a work. Can I claim copyright for a work that has expired? No, once a work is in the public domain it is available to all. You cannot stop others using the work and you will have no claim to copyright on the work. A special note regarding sound recordings Sound recordings will have a individual copyright separate to the underlying composition. If the underlying composition is in the public domain, it does not follow that a sound recording is. You cannot reproduce a more recent sound recording of a public domain work, though you may create your own sound recording from the public domain composition. FACT SHEET P-22: DERIVATIVE WORKS ISSUED: 10TH MAY 2007

What is a derivative work? A derivative work is a work that is based on (derived from) another work; for example a painting based on a photograph, a collage, a musical work based on an existing piece or samples, a screenplay based on a book. Making a derivative work Permission Legally only the copyright owner has the right to authorize adaptations and reproductions of their work - this includes the making of a derivative work. The copyright owner is generally the creator of the original work, or it may be someone the creator has given copyright to (i.e. next of kin). Unless you are the copyright owner of the original work, you will probably need the permission of the copyright owner before making a derivative work. Exceptions that do not require permission You will not require permission if the making and use of derivative work is carried out in a way that is expressly permitted in your country's copyright legislation: A typical permitted use would be within an educational establishment for the purpose of instruction and examination. Rules surrounding permitted actions are based on national legislation and will differ from country to country - please check you country's legislation for further details. If copyright has expired (under UK law this typically means the author died over 70 years ago), the work will be in the public domain, and may be used as a basis for a derivative work without permission. You may not require permission if the original work has a licence that explicitly allows the creation of a derivative work. The licence itself may also specify rules and conditions that must be adhered to. Can I claim that my copy is fair use/fair dealing, or de minimis? Unless your activities are explicitly allowed under law, there is no solid legal footing for such a claim. Fair use is a complex area and by it's very nature tends to be quite subjective. When a case goes to court a judge will typically make a decision based on a number of factors including the purpose of the use, the nature of the work, the significance of the copied content and the potential impact to the owner's income and reputation. It's important to understand that while the judge may have guidelines and past cases to refer to, there are no simple rules and the outcome can be hard to predict. There have also been cases where a judge has ruled that a use was allowed only to have the decision reversed after appeal; a notable example of the was Bridgeport Music, Inc. v. Dimension Films. Copyright in the derivative work

Provided it is significantly different to the original work the derivative work will be subject to copyright in it's own right, and you will own copyright to the new content you have created as a result of your actions. Bear in mind that to be subject to copyright the creation of the derivative work must itself be an original work of skill, labour and judgement; minor alterations that do not substantially alter the original would not qualify. Any copyright in the original work remains unchanged; the creation of the derivative work gives no right to the original work being adapted. You cannot extend the duration of copyright in a work by creating a derivative work. If the original work is in the public domain, it will remain in the public domain; you cannot prevent anyone else using the same public domain work for their own purposes. Copyright notices Copyright notices are generally helpful by stating to others the copyright status of the work and attributing ownership. In the case of derivative works it is often suitable (and can also be helpful) for the derivative work to show a copyright notice for the original material as well as for the new work. For example: Copyright 2008 John Smith, (adapted from 'original work'; copyright 2004 Joe Bloggs). Can a derivative work be registered? Yes. If the derivative work contains new content or represents significant development in it's own right, it will be subject to copyright and it may therefore be registered in the normal manner.

FACTSHEET NO. P-27 ISSUED: NOVEMBER 2009 LAST AMENDED: 30TH NOVEMBER 2009 Using the work of others Scope This factsheet deals with the rules applied under UK law namely the Copyright, Designs and Patents Act. Although the principals of copyright protection are largely consistent across the world specific details may vary outside the UK due to national legislation. Rights of the copyright owner Copyright is an automatic international right that gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. The rights cover: Broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to derogatory treatment and distortions of his work.

Respecting the rights of others Illegal or unauthorised use of copyright material may lead to legal action or in some cases even criminal charges. It is your responsibility to ensure that you respect the rights of others and only use their work when it is correct to do so. Using the work of others You may use the work of others if: Copyright has expired. Your use of the work is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK). Your use of the work is covered under a licensing scheme that you have subscribed to and the copyright holder is a member of. The copyright holder has given you permission. Licensing schemes There are a number of agencies that operate licensing schemes and collect royalties on behalf of copyright owners, the most notable are: Copyright Licensing Agency (CLA) The Copyright Licensing Agency provides licenses for organisations, such as schools and libraries, to copy extracts from print and digital publications. There are several different licences (photocopying, scanning, electronic reproduction, etc.). State schools may be able to obtain CLA licences via their local education authority if the authority is a CLA agent. Website: http://www.cla.co.uk/ Educational Recording Agency (ERA) The Educational Recording Agency operates a licensing scheme enabling educational use of copyright protected material from radio and television programmes. Website: http://www.era.org.uk/ The Design and Artists Copyright Society (DACS) The Design and Artists Copyright Society operates a licensing scheme and on behalf of artists and visual creators. Website http://www.dacs.org.uk/ What is fair dealing? Fair dealing is a term used to describe some limited activities that are allowed without infringing copyright. Briefly these are as follows: Research and private study Copying parts of a literary, dramatic, musical or artistic work or of a typographical arrangement of a published edition for the purpose of research or private study is allowed under the following conditions: The copy is made for the purposes of research or private study. The copy is made for non-commercial purposes. The source of the material is acknowledged.

 The person making the copy does not make copies of the material available for a number of people. Instruction or examination Copying parts of a literary, dramatic, musical or artistic work or a sound recording, film or broadcast for the purpose of instruction or examination is allowed under the following conditions: The copying is done by the student or the person giving instruction. The copying is not done via a reprographic process. The source of the material is acknowledged. The instruction is for a non-commercial purpose. Criticism or review Quoting parts of a work for the purpose of criticism or review is permitted provided that: The work has been made available to the public. The source of the material is acknowledged. The material quoted must be accompanied by some actual discussion or assessment (to warrant the criticism or review classification). The amount of the material quoted is no more than is necessary for the purpose of the review. News reporting Using material for the purpose of reporting current events is permitted provided that: The work is not a photograph. The source of the material is acknowledged. The amount of the material quoted is no more than is necessary for the purpose. Incidental inclusion Incidental inclusion is where part of one work is unintentionally included in another. The incidental inclusion of a work in an artistic work, sound recording, film or broadcast is not an infringement. A typical example of this would be a case where a news broadcast inadvertently captured part of a copyright work, such as some background music, or a poster that just happened to on a wall in the background. Accessibility for someone with a visual impairment It is considered fair dealing to make an accessible copy of a work for someone with an visual impairment if a suitable accessible version is not already available. For further details on UK fair dealing rules please refer to the Copyright Designs and Patents Act; Section 28 onwards covers this area in full. Those outside the UK should consult the fair dealing / fair use sections of their own national legislation. When does copyright expire? The 1988 Copyright, Designs and Patents Act states the duration of copyright as: i. For literary, dramatic, musical or artistic works 70 years from the end of the calendar year in which the last remaining author of the work dies. If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, broadcast, etc.), copyright lasts for 70 years from the end of the year that the work was first made available. ii. Sound Recordings and broadcasts

50 years from the end of the calendar year in which the work was created, or, if the work is released within that time, 50 years from the end of the calendar year in which the work was first released. iii. Films 70 years from the end of the calendar year in which the last principal director, author or composer dies. If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available iv. Typographical arrangement of published editions 25 years from the end of the calendar year in which the work was first published. v. Broadcasts and cable programmes 50 years from the end of the calendar year in which the broadcast was made. vi. Crown Copyright Crown copyright will exist in works made by an officer of the Crown, this includes items such as legislation and documents and reports produced by government bodies. Crown copyright will last for a period of 125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published. vii. Parliamentary Copyright Parliamentary copyright applies to work made by or under the direction or control of the House of Commons or the House of Lords and will last until 50 years from the end of the calendar year in which the work was made. Obtaining Permission If you are not sure if your use is fair dealing or covered under a licensing scheme always check with the publisher/copyright owner and obtain permission if needed. When obtaining permission to use a copyright work it is normally best to contact the publisher. In some cases the publisher may be able to act on the copyright owners behalf, alternatively they may direct you to the appropriate licensing organisation or pass your request on to the copyright owner directly. In the case of material published on the Internet the best place to start is normally by contacting the web site owner. When seeking permission, you should put your request in writing and specify: The material you wish use (include the title of publication, author name etc.) The exact content to be duplicated (i.e. page numbers, section names, etc.) The number of copies you wish to make. How the copies will be used (i.e. for an event, course work, etc.). Who the copies will be distributed to (i.e. students, parents, general public). You should allow adequate time for the copyright owner to provide permission. Also bear in mind that the copyright owner is not required to give permission and may refuse or simply not respond to your request. For your own reference and security, permission should be obtained in writing and you should keep a record of any correspondence giving permission or stipulating conditions of use.