1. classification of intellectual property ?

Intellectual property (IP) refers to creations of the mind, such as inventions,

literary and artistic works, designs, symbols, names, and images used in
commerce. These creations can be protected through various legal mechanisms
to grant exclusive rights to the creators or owners. The primary forms of
intellectual property can be classified as follows:

Patents: Patents protect inventions or discoveries, providing the inventor with the
exclusive right to use, sell, or license their creation for a limited period (usually 20
years). In return, the inventor must disclose the details of the invention, enabling
others to learn from it once the patent expires.

Trademarks: Trademarks protect brand names, logos, symbols, phrases, or any

distinctive sign used to identify and distinguish goods or services in the
marketplace. Trademark protection helps prevent confusion among consumers
and allows businesses to build and maintain brand recognition.

Copyrights: Copyrights protect original works of authorship fixed in a tangible

medium, such as books, music, films, software, paintings, and other creative
expressions. The creator or the author holds the exclusive rights to reproduce,
distribute, display, perform, and create derivative works based on their
copyrighted material.

Trade Secrets: Trade secrets refer to valuable and confidential business

information, such as formulas, processes, customer lists, marketing strategies,
and other proprietary data that give a company a competitive advantage. Unlike
patents, trade secrets are not disclosed publicly but rather kept secret and
protected through contracts and measures to maintain confidentiality.

Industrial Designs: Industrial designs protect the aesthetic aspects or visual

features of a product, such as shape, pattern, color, or ornamentation. This form
of protection prevents others from copying the design without authorization.

Plant Variety Protection (Plant Patents): Plant variety protection grants exclusive
rights to breeders of new plant varieties, giving them control over the sale, use,
and distribution of the protected plants for a certain period.

It is important to note that the specific laws and regulations governing intellectual
property vary from country to country. Additionally, some creations may be
protected under multiple categories of intellectual property (e.g., a software
program could be protected by copyright as well as patents if it involves a novel
technical innovation). Individuals and businesses seeking IP protection should
consult with legal professionals with expertise in intellectual property law to
understand the most appropriate and effective strategies for safeguarding their
creations.
 2. Berne convention ?

The Berne Convention for the Protection of Literary and Artistic Works, often
referred to as the Berne Convention, is an international treaty governing
copyright and related rights. It was first adopted in Berne, Switzerland, in 1886
and has since been revised several times, with the latest version being the Paris
Act of 1971. The treaty is administered by the World Intellectual Property
Organization (WIPO).

The primary objective of the Berne Convention is to establish a framework for the
protection of literary and artistic works among member countries, ensuring that
creators' rights are recognized and protected globally. Key provisions of the Berne
Convention include:

Automatic Protection: The Berne Convention provides automatic protection for

literary and artistic works without the need for formal registration or other
formalities. Once a work is created and fixed in a tangible form (e.g., written
down, recorded, or saved to a computer), it is protected under the convention.

National Treatment: The convention requires member countries to treat authors

from other member countries on an equal footing with their own nationals. This
means that foreign authors receive the same level of copyright protection and
rights as domestic authors in each member country.

Minimum Standards: The Berne Convention sets minimum standards of

protection that member countries must provide to copyrighted works. These
standards include the minimum duration of copyright protection and the rights
that authors are entitled to, such as the right to reproduce, distribute, perform,
and display their works.

"Rule of the Shorter Term": The convention establishes the principle of the "rule
of the shorter term," which means that if a work is protected for a shorter
duration in the country of origin than in the country where protection is sought,
the shorter term applies.

Moral Rights: The Berne Convention recognizes the importance of moral rights
for authors, which include the right to claim authorship of the work and the right
to object to any distortion, mutilation, or modification of the work that could
harm the author's reputation.

As of my last update in September 2021, the Berne Convention had over 170
member countries, making it one of the most widely adopted international
treaties in the field of intellectual property. Countries that are party to the Berne
Convention are known as "Berne Union" countries, and they collaborate to
uphold and strengthen copyright protections for creators worldwide.
 3. Moral rights of Authors ?

Moral rights are a set of rights granted to authors or creators of certain types of
intellectual property, particularly in the realm of copyright law. Unlike economic
rights, which focus on the commercial exploitation of creative works, moral rights
are more personal in nature and are intended to protect the non-economic
interests and reputation of the author. These rights are often associated with the
Berne Convention and other international treaties, as well as specific national
copyright laws. The moral rights of authors typically include the following:

Right of Attribution (Right of Paternity): This right grants the author the ability to
be recognized as the creator of their work. It ensures that the author's name is
associated with the work whenever it is used, published, displayed, or performed.
This right helps prevent unauthorized use of the work without proper credit being
given to the author.

Right to Integrity: The right to integrity protects the work from being subjected to
derogatory treatment or alterations that could harm the author's reputation. It
allows the author to object to any modifications, mutilations, or distortions of
their work that could be considered prejudicial to their honor or reputation.

Right of Disclosure: This right allows the author to decide when and how their
work should be disclosed or published. Authors can choose to keep their work
private until they are ready to release it to the public.

Right of Withdrawal: This right enables the author to withdraw their work from
circulation or public access under certain circumstances. This might occur if the
author's views or beliefs change significantly, or if the work is being used in a way
that goes against the author's values.

Moral rights are often inalienable, meaning they cannot be transferred or waived,
and they typically persist even after the economic rights to the work have been
assigned or expired. These rights aim to protect the personal connection between
creators and their creations and ensure that authors maintain a certain level of
control and respect over their work, regardless of its commercial value or
popularity. It's important to note that the scope and recognition of moral rights
can vary from country to country, as some legal systems offer stronger
protections than others.
 4. Term of Copy right ?

The term of copyright, or the duration of copyright protection, varies depending

on the country's copyright laws and the type of work being protected. Generally,
copyright protection lasts for a specified period of time from the moment the
work is created or fixed in a tangible medium. After this period expires, the work
enters the public domain, becoming freely usable by the public without the need
for permission or payment.

As of my last update in September 2021, here are some common durations of

copyright protection in different countries:

United States:
For works created on or after January 1, 1978, copyright protection lasts for the
life of the author plus 70 years. If the work is created by a corporate author or
was a work for hire, the copyright term is 95 years from the date of publication or
120 years from the date of creation, whichever is shorter.

European Union:
In the European Union, copyright protection generally lasts for the life of the
author plus 70 years, similar to the United States.

Canada: Copyright protection in Canada typically lasts for the life of the author
plus 50 years.

United Kingdom: Copyright protection in the United Kingdom usually lasts for the
life of the author plus 70 years.

Australia: In Australia, copyright protection lasts for the life of the author plus 70
years.It's essential to note that these terms can be subject to change due to
updates in copyright laws. Additionally, the term of copyright can differ for
certain types of works or for works created before specific dates, as some
countries have different rules for works created before their current copyright
legislation was established.

As always, if you are concerned about the specific copyright term for a particular
work or have questions about copyright protection, it's best to consult with a
legal professional knowledgeable in intellectual property law in your country.

5. Special provisions for recording of audio and video works ?

Recording of audio and video works, particularly in the context of copyright law,
often involves some special provisions and considerations. These provisions
address various aspects related to the rights of creators, performers, and
producers of audio and video content. Here are some key special provisions for
recording of audio and video works:

Performers' Rights: In addition to copyright protection, many countries have

specific provisions to protect the rights of performers, such as musicians, actors,
and other individuals who contribute to audio and video recordings. Performers'
rights typically include the right to control the use of their performances, to be
attributed as performers, and to receive fair remuneration for the use of their
performances.

Synchronization Rights: Synchronization rights refer to the right to synchronize

music or other audio elements with visual images, such as in movies, TV shows,
advertisements, and video games. Obtaining synchronization rights is essential for
using copyrighted music in audiovisual works, and it usually involves licensing the
music from the copyright holder.

Mechanical Licenses: If you want to use copyrighted music in an audio recording

(e.g., a song cover), you may need to obtain a mechanical license. Mechanical
licenses grant the right to reproduce and distribute copyrighted musical
compositions in audio-only formats.

Public Performance Rights: When an audio or video work is publicly performed

(e.g., played on the radio, in a concert, in a public space, or on a streaming
platform), public performance rights come into play. These rights typically need to
be licensed from the copyright holders, such as the songwriters and publishers.

Digital Millennium Copyright Act (DMCA) - USA: In the United States, the DMCA
provides certain safe harbor provisions for online service providers regarding
user-generated content that may include audio and video works. Online platforms
must comply with takedown notices from copyright holders if infringing content is
uploaded by users, and they are granted certain protections if they follow specific
procedures.

Fair Use and Fair Dealing: Some countries have fair use or fair dealing provisions
that allow for the limited use of copyrighted materials without permission for
purposes such as criticism, commentary, news reporting, education, and research.
These provisions may apply to the use of copyrighted audio and video works in
certain situations.

Public Domain: Audio and video works may also enter the public domain, where
they are no longer under copyright protection and can be freely used and
distributed by the public.

It's essential to recognize that copyright laws and provisions may differ
significantly from country to country, so the specific rules and regulations
surrounding audio and video recordings can vary depending on the jurisdiction. If
you have questions about recording or using audio and video works, it's advisable
to seek legal counsel from an intellectual property attorney who is familiar with
the laws in your country.
 6. Write a short notes on Anton pillar order ?

An Anton Piller order, also known as an "ex parte search and seizure order," is a
legal remedy used in civil cases to protect the plaintiff's intellectual property
rights from potential infringement or unauthorized use. The order allows the
plaintiff to enter the defendant's premises, without prior notice, and conduct a
search and seizure of relevant evidence to preserve the plaintiff's rights and
prevent the destruction or removal of crucial evidence.

Key points about Anton Piller orders include:

Purpose: Anton Piller orders are typically sought by the plaintiff when there is a
genuine concern that the defendant may destroy or remove evidence before a
formal trial or court hearing can take place. It is commonly used in cases involving
intellectual property infringement, such as copyright, trademark, or trade secret
disputes.

Ex Parte Application: An Anton Piller order is granted on an ex parte basis,

meaning that the plaintiff presents their case to the court without the
defendant's knowledge or presence. This is done to maintain the element of
surprise and prevent any potential tampering with evidence.

High Standard of Proof: Since an Anton Piller order involves significant

interference with the defendant's rights, courts apply a high standard of proof
before granting the order. The plaintiff must demonstrate a strong prima facie
case (a case that, at first glance, appears to be valid and well-founded) and
provide compelling evidence that the defendant is likely to destroy evidence.

Conditions and Safeguards: Courts impose specific conditions and safeguards

when granting an Anton Piller order to protect the rights of the defendant. These
may include the presence of independent supervising solicitors during the search
and seizure to ensure fair and lawful conduct.

Use of the Seized Evidence: The evidence obtained through an Anton Piller order
is typically used to support the plaintiff's case during the trial. It may also be used
to obtain further legal remedies, such as injunctions or damages.

Abuse of Process Concerns: Anton Piller orders are powerful tools, but there is a
risk of potential abuse by the plaintiff. If the order is obtained without sufficient
cause or evidence, it can lead to serious consequences for the defendant, and the
plaintiff may be liable for damages.

Due to the significant impact on the defendant's rights and the potential for
abuse, Anton Piller orders are subject to strict judicial scrutiny. Courts carefully
consider the balance between protecting the plaintiff's rights and ensuring
fairness and proportionality in the process. As a result, Anton Piller orders are
typically granted only in exceptional circumstances where no other remedy is
deemed adequate to protect the plaintiff's rights.
 7. write a short note on copyright office ?

A copyright office is a government agency or department responsible for

administering and managing copyright-related matters within a specific
jurisdiction. Its primary function is to oversee the registration, protection, and
enforcement of copyrights, ensuring that creators' intellectual property rights are
upheld and respected.

Key points about copyright offices include:

Copyright Registration: One of the essential functions of a copyright office is to
facilitate the registration of copyrighted works. Creators, authors, or owners of
original works can submit their works for registration, providing evidence of their
ownership and establishing a public record of the copyright claim. While copyright
protection is automatic upon the creation of a work, registration offers additional
legal benefits, such as the ability to file lawsuits for infringement and claim
statutory damages and attorney's fees.

Copyright Database: Copyright offices maintain databases of registered works,

making it easier for the public to search and verify copyright information. These
databases are valuable resources for researchers, businesses, and individuals
seeking to license or use copyrighted material.

Copyright Advocacy and Education: Copyright offices often engage in public

outreach and educational initiatives to promote copyright awareness and best
practices. They may conduct workshops, seminars, and online resources to
educate creators, users, and the general public about copyright laws, fair use,
licensing, and the importance of respecting intellectual property rights.

Enforcement and Protection: Copyright offices collaborate with law enforcement

agencies and judicial authorities to enforce copyright laws and combat
infringement. They may assist in investigations and legal proceedings related to
copyright violations, ensuring that rights holders' interests are safeguarded.

International Cooperation: Many copyright offices participate in international

copyright treaties and organizations, such as the Berne Convention and the World
Intellectual Property Organization (WIPO). They work together to harmonize
copyright laws globally, protect the rights of creators across borders, and facilitate
international copyright registration.

Evolving Role in the Digital Age: With the rise of digital technologies and online
content distribution, copyright offices face new challenges in addressing issues
such as digital piracy, online infringement, and the protection of digital rights.
They continually adapt their practices and services to meet the changing
landscape of copyright in the digital age.

Overall, copyright offices play a crucial role in maintaining a fair and balanced
system of intellectual property protection. They help creators secure their rights,
support the development of creative industries, and foster innovation by
providing a clear and accessible framework for copyright registration and
enforcement
 8. write a short note on performers right ?

Performer's rights, also known as neighboring rights or related rights, are a set of
rights granted to performers in their performances of audio and audiovisual
works. These rights protect the interests of artists, musicians, actors, and other
individuals who contribute their talent and creativity to the creation of
performances. Unlike copyright, which protects the underlying content of the
work, performer's rights focus on the protection of the actual performance itself.

Key points about performer's rights include:

Recognition and Attribution: Performer's rights ensure that performers are
recognized and attributed for their contributions to a performance. They have the
right to be identified as the performer whenever their performance is used or
broadcast.

Control over Use: Performers have the right to control the use of their
performances, especially in commercial settings. They can grant or deny
permission for the recording, reproduction, broadcasting, and public performance
of their performances.

Royalties and Remuneration: Performer's rights entitle performers to receive fair

remuneration for the use of their performances. This is particularly important in
the context of broadcasting, streaming, or any other commercial use of their
performances.
Duration of Rights: The duration of performer's rights varies from country to
country and may depend on the type of performance and the applicable laws. In
many jurisdictions, performer's rights last for a specific period of time after the
performance is fixed in a tangible medium (e.g., recorded or broadcast).

Collective Management: Performer's rights are often managed by collective

management organizations (CMOs) or collecting societies. These organizations
represent performers and negotiate with users of performances to ensure proper
compensation and licensing agreements.

International Protection: Performer's rights are protected by various

international treaties and agreements, including the Rome Convention (1961) and
the WIPO Performances and Phonograms Treaty (WPPT). These treaties aim to
harmonize performer's rights across different countries and ensure global
protection for performers.
Differences in Jurisdictions: The scope and extent of performer's rights can vary
significantly from one country to another. Some countries may offer stronger
protections, while others may have limited or different provisions for performer's
rights.
Overall, performer's rights play a vital role in safeguarding the interests of artists
and performers, allowing them to control and benefit from their creative
contributions to audio and audiovisual works. By protecting these rights,
performers are incentivized to continue contributing their talent to the cultural
and artistic landscape while being fairly compensated for their valuable
contributions.
 9. write a short note on The world intellectual property organisation WIPO

The World Intellectual Property Organization (WIPO) is a specialized agency of the

United Nations responsible for promoting and protecting intellectual property (IP)
rights worldwide. Established in 1967, WIPO serves as a global forum for
cooperation and development in the field of intellectual property, addressing
issues related to patents, trademarks, copyrights, industrial designs, and other
forms of IP.

Key points about WIPO include:

International Cooperation: WIPO facilitates international cooperation among its
member states to develop and harmonize intellectual property laws and
regulations. It provides a platform for countries to discuss and negotiate treaties,
conventions, and agreements that aim to improve the protection and
enforcement of IP rights on a global scale.

Policy and Advocacy: WIPO conducts research, policy analysis, and studies related
to intellectual property, producing reports and publications to raise awareness
and foster understanding of IP's role in promoting innovation, creativity, and
economic development.
Technical Assistance and Capacity Building: WIPO provides technical assistance
and capacity-building programs to developing countries, helping them strengthen
their IP systems and enabling them to effectively use intellectual property to
promote economic growth and development.

Global IP Services: WIPO offers a range of global IP services, including the Patent
Cooperation Treaty (PCT) for streamlined international patent filings, the Madrid
System for international trademark registration, the Hague System for
international industrial designs, and the WIPO Copyright Treaty (WCT) for
copyright protection in the digital environment.
Arbitration and Mediation: WIPO provides services for the resolution of IP-
related disputes through its Arbitration and Mediation Center. This facility helps
parties resolve IP conflicts in a neutral and efficient manner.

Development Agenda: WIPO has a Development Agenda, which aims to

mainstream development considerations into the organization's work. This
involves addressing the specific needs and challenges faced by developing
countries in the field of intellectual property.

Standing Committee on Copyright and Related Rights (SCCR): WIPO's SCCR is

responsible for discussing and negotiating copyright-related issues and proposed
treaties, seeking to strike a balance between the interests of copyright holders
and the public.

WIPO's work plays a crucial role in fostering innovation, creativity, and cultural
diversity while providing a framework for protecting and rewarding the
intellectual contributions of individuals and organizations around the world. By
promoting balanced and effective intellectual property rights, WIPO contributes
to the advancement of technology, culture, and commerce on a global scale.
 ESSAY QUESTIONS

1. what does the term "intellectual Property" signify ? what is the rationale
behind the genesis and evolution of intellectual property rights ?

Topic: Intellectual Property Rights (IPR)

Sub-Topics:

Definition and Significance of Intellectual Property

Rationale behind Intellectual Property Rights
Types of Intellectual Property Rights
a. Copyright
b. Trademark
c. Patent
d. Trade Secret
e. Industrial Design
Genesis and Historical Development of Intellectual Property Rights
International Framework for Intellectual Property Protection
a. World Intellectual Property Organization (WIPO)
b. International Treaties and Conventions
Case Examples of Intellectual Property Disputes
a. Copyright Infringement Case
b. Trademark Dispute Case
c. Patent Infringement Case
Definition and Significance of Intellectual Property:
Intellectual property (IP) refers to creations of the mind, such as inventions,
literary and artistic works, logos, brand names, and trade secrets. These
intangible creations are protected by law through various intellectual property
rights, granting exclusive rights to the creators or owners. Intellectual property is
significant as it incentivizes innovation, creativity, and investment by allowing
individuals and businesses to reap the benefits of their ideas and efforts.
Example: A musician composing a song, an author writing a book, or a company
developing a groundbreaking new technology are all creators of intellectual
property.

Rationale behind Intellectual Property Rights:

The genesis of intellectual property rights lies in the belief that creators and
inventors should have the right to control and profit from their creations. By
providing exclusive rights, IPR encourages individuals and companies to invest
time, money, and effort into innovation and creativity, leading to the progress of
society as a whole.
Example: Without copyright protection, authors may be less motivated to write
books, fearing that their work could be copied and distributed freely without their
consent.

Types of Intellectual Property Rights:

a. Copyright: Copyright protects original works of authorship, such as books,
music, films, and software. It grants the creator exclusive rights to reproduce,
distribute, perform, and display their work.
b. Trademark: Trademark protects brand names, logos, and symbols used to
distinguish goods and services in the marketplace. It prevents confusion among
consumers and safeguards brand identity.

c. Patent: Patents protect inventions and discoveries, granting the inventor the
exclusive right to use, sell, or license their invention for a limited period.

d. Trade Secret: Trade secrets are confidential business information, such as

formulas and customer lists, protected by keeping them secret.

e. Industrial Design: Industrial design protects the unique visual appearance of a

product.

Genesis and Historical Development of Intellectual Property Rights:

The concept of protecting intellectual creations can be traced back to ancient
civilizations. The first modern patent law was enacted in Venice in 1474, aimed at
encouraging new inventions. Copyright laws were introduced in England in the
18th century to protect the rights of authors. The development of intellectual
property rights continued through the 19th and 20th centuries, culminating in the
establishment of international treaties and organizations to harmonize IP laws
globally.

International Framework for Intellectual Property Protection:

a. World Intellectual Property Organization (WIPO): WIPO is a specialized agency

of the United Nations responsible for promoting and protecting intellectual
property worldwide.

b. International Treaties and Conventions: Several international treaties, such as

the Berne Convention and the Paris Convention, provide a framework for
international cooperation in the field of intellectual property.

Case Examples of Intellectual Property Disputes:

a. Copyright Infringement Case: A photographer sues a website for using their
photos without permission or proper attribution.

b. Trademark Dispute Case: Two companies fight over the use of a similar logo,
which could cause confusion among consumers.

c. Patent Infringement Case: A pharmaceutical company is accused of producing

and selling a drug that violates another company's patented formula.

By understanding these sub-topics, one can grasp the importance of intellectual

property and its impact on innovation, creativity, and economic growth. The
protection and enforcement of intellectual property rights continue to shape the
modern global economy and foster an environment of innovation and creative
expression.
 2. Write a critical note on TRIPS agreement ?

Title: Critical Notes on the TRIPS Agreement

Introduction:
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is
an international treaty administered by the World Trade Organization (WTO). It
was established to harmonize and set minimum standards for intellectual
property (IP) protection across member countries, aiming to promote innovation,
technological transfer, and fair trade. While the TRIPS Agreement has played a
significant role in safeguarding intellectual property rights, it has also faced
criticism and controversy in various areas.

Sub-Topic 1: Scope and Objectives of the TRIPS Agreement

The TRIPS Agreement covers various forms of intellectual property rights,
including patents, copyrights, trademarks, geographical indications, and trade
secrets. Its primary objectives are to:
a) Encourage innovation and technology transfer by providing incentives through
IP protection.
b) Ensure effective protection and enforcement of IP rights.
c) Foster economic development by striking a balance between rights holders and
public interests.

Sub-Topic 2: Patent Protection and Controversies

Patents grant exclusive rights to inventors, encouraging them to disclose their
inventions to the public. However, some criticisms regarding patent protection
under TRIPS include:
a) Accessibility to essential medicines: TRIPS has been criticized for potentially
limiting access to affordable medicines in developing countries. For example, in
the case of India's Novartis v. Union of India, patenting of an anti-cancer drug was
challenged, allowing India to continue producing cheaper generic versions.
b) Biotechnology and genetic resources: Patenting of biotechnological inventions
and genetic resources has raised ethical concerns, as seen in the case of
Monsanto Canada Inc. v. Schmeiser, where patented genetically modified seeds
contaminated a farmer's non-GMO crop, leading to disputes.

Sub-Topic 3: Copyright Protection and Challenges

Copyrights protect literary, artistic, and creative works, but issues with TRIPS
copyright provisions include:
a) Fair use and public domain limitations: Some argue that TRIPS overly
strengthens copyright protection, restricting fair use and limiting access to public
domain works, which may stifle creativity and education.
b) Digital copyright and internet freedom: The rise of the internet has posed
challenges to copyright enforcement, leading to controversies like the Napster
case in the US, where music file-sharing was challenged.

Sub-Topic 4: Trademarks and Geographical Indications

TRIPS provides protection for trademarks and geographical indications (GIs) to
prevent misleading practices and protect traditional products. However, concerns
arise around:
a) Cultural appropriation: Critics argue that stringent trademark protection may
allow corporations to appropriate traditional cultural symbols, like in the case of
Navajo Nation v. Urban Outfitters Inc.
b) Geographical indications and market access: GI protection might create
barriers to trade for products from non-member countries, leading to disputes in
the wine and cheese industries, such as the EU-US disputes over names like
"Champagne" and "Feta."

Sub-Topic 5: Enforcement and Flexibilities

TRIPS emphasizes effective enforcement measures against IP infringement.
However, some issues include:
a) Overly stringent enforcement measures: Critics argue that strict enforcement
may lead to excessive litigation and hinder technological development,
innovation, and access to knowledge.
b) Doha Declaration and compulsory licensing: The Doha Declaration on TRIPS
and Public Health allowed for compulsory licensing of essential medicines in
public health emergencies, ensuring access to affordable medicines during crises.

Conclusion:
The TRIPS Agreement has undoubtedly made strides in protecting intellectual
property rights globally and promoting innovation. However, it has also faced
criticism for potential negative impacts on access to essential goods, cultural
heritage, and technological advancements. Addressing these concerns while
striking a balance between IP protection and public interest remains a challenge
for policymakers, aiming for a more inclusive and equitable intellectual property
regime.

3. “Idea Per Se is not copyrightable”. Explain the statement with the help of
relevant case law ?

Title: Copyrightability of Ideas Per Se: Exploring Relevant Case Law

Introduction:
The statement "Idea Per Se is not copyrightable" refers to the principle that
copyright protection does not extend to mere ideas or concepts but rather to the
expression of those ideas in a tangible form. In other words, copyright protects
the specific way in which an idea is articulated, not the underlying idea itself. This
concept is essential to understand the scope and limitations of copyright law.

Sub-Topic 1: Copyright Basics and Original Expression

Copyright law grants protection to original works of authorship fixed in a tangible
medium of expression. To be eligible for copyright protection, a work must be:

a) Original: The work must possess a minimal degree of creativity, indicating that
it is independently created and not merely a copy of preexisting material.
b) Fixed in a Tangible Medium: The work must be recorded or captured in a
material form, such as a written document, painting, photograph, or digital file.
Sub-Topic 2: Idea-Expression Dichotomy
The idea-expression dichotomy is a fundamental principle in copyright law that
distinguishes between protectable expression and unprotectable ideas. This
principle ensures that authors have a monopoly only over the specific expression
of their ideas and not over the ideas themselves.
Example: Imagine two writers have the idea of writing a romance novel set in a
small coastal town. Writer A writes a novel about star-crossed lovers overcoming
societal barriers, while Writer B writes a novel about a love triangle between
childhood friends. Both novels share the same idea of a romance in a coastal
town, but their expressions and plots are distinct. Copyright protects each
author's respective novel, not the generic idea of a romance in a coastal town.

Sub-Topic 3: Relevant Case Law: Baker v. Selden

One landmark case that solidified the idea-expression dichotomy is Baker v.
Selden (1879). In this case, the plaintiff, Baker, published a book describing an
accounting system. The defendant, Selden, used a similar accounting system in his
own book but did not copy any of Baker's expressive language.

Ruling: The court held that copyright protection could not extend to the
accounting system's method itself. Copyright only protected Baker's specific
expression of the method, not the method's idea. As long as Selden did not copy
Baker's actual expression, he was not liable for copyright infringement.

Sub-Topic 4: Blank Forms and Functional Elements

Copyright does not extend to blank forms or functional elements of a work. For
example, a blank template for a calendar, a blank checklist, or a standard form for
legal documents are not copyrightable because they lack original expression.
Example: A graphic designer creates a blank business card template with a
distinctive layout and design. While the specific layout and design are
copyrightable, the blank space left for personal information is not protected by
copyright because it serves a functional purpose rather than an expressive one.

Sub-Topic 5: Merger Doctrine and Scenes a Faire

The merger doctrine and scenes a faire are two related concepts that limit
copyright protection when certain ideas can only be expressed in a limited
number of ways or when certain elements are standard or customary for a
particular genre.
Example: In the context of a murder mystery novel, certain elements, such as a
detective, a crime scene, and suspects, are essential to the genre. These elements
are not copyrightable because they are part of the scenes a faire for murder
mysteries, and the merger doctrine prevents them from being exclusively
protected.

Conclusion:Understanding the principle that "Idea Per Se is not copyrightable" is

crucial for creators and users of copyrighted works. Copyright protection applies
to original expressions fixed in tangible forms, and ideas, concepts, blank forms,
and functional elements fall outside the scope of copyright. By grasping the idea-
expression dichotomy and related legal doctrines, individuals can navigate the
boundaries of copyright law and create and utilize creative works in compliance
with intellectual property rights.
 4. Enumerate and explain the specific works over which copyright subsists
with the help of case law ?
Title: Copyrightable Works and Their Scope: A Comprehensive Analysis
Introduction:
Copyright law protects various types of creative works, granting exclusive rights to
authors and creators. Understanding the specific works over which copyright
subsists is crucial for both creators and users of copyrighted materials. This
breakdown explores different categories of copyrightable works with relevant
case laws and sections.

Sub-Topic 1: Literary Works

Literary works encompass a broad range of written and textual expressions,
including novels, poems, essays, and computer code. These works are protected
under copyright law, provided they meet the criteria of originality and fixation in a
tangible medium.

Example: In the case of Bleistein v. Donaldson Lithographing Co. (1903), the

Supreme Court of the United States held that advertisements and pictorial
illustrations, despite being commercial in nature, qualified as literary works and
were eligible for copyright protection.

Sub-Topic 2: Musical Works

Musical works include compositions, lyrics, and sheet music. Copyright protection
extends to the original musical arrangement, melody, and lyrics.

Example: The case of Harper & Row Publishers, Inc. v. Nation Enterprises (1985)
involved the unauthorized publication of excerpts from former President Gerald
Ford's memoir. The court ruled in favor of the copyright holder, emphasizing the
significance of protecting the original expression of a musical work, in this case,
the written memoir.

Sub-Topic 3: Artistic Works

Artistic works encompass visual expressions, such as paintings, drawings,
sculptures, and photographs. Original artworks enjoy copyright protection.

Example: In the case of Bridgeman Art Library Ltd. v. Corel Corp. (1999), the court
held that photographs of public domain paintings that lacked originality did not
qualify for a new copyright. The decision reinforced the idea that copyright
protection requires originality in the artistic expression.

Sub-Topic 4: Dramatic Works

Dramatic works cover plays, screenplays, and choreographic works. The creative
elements of dialogue, characters, and stage directions are protected by copyright.

Example: In Nichols v. Universal Pictures Corporation (1930), the court recognized

the copyright protection for the screenplay and held that substantial similarities
between the copyrighted work and the alleged infringing work may constitute
infringement.
Sub-Topic 5: Audiovisual Works
Audiovisual works combine multiple copyrighted elements, such as films, TV
shows, and video games. These works involve copyright protection for various
components, including the script, visuals, sound, and music.
Example: In the landmark case of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster,
Ltd. (2005), the court clarified the liability of peer-to-peer file-sharing services for
distributing copyrighted audiovisual works without authorization.

Sub-Topic 6: Architectural Works

Architectural works are protected by copyright if they exhibit original design and
artistic expression. This protection extends to both the exterior and interior
elements of buildings.
Example: The case of Castle Rock Entertainment, Inc. v. Carol Publishing Group,
Inc. (1997) involved a book that provided a tour guide to fictional locations,
including buildings from the TV show "Seinfeld." The court ruled that the inclusion
of architectural details constituted copyright infringement.
Conclusion:
Copyright law covers a diverse range of creative works, from literary and musical
compositions to visual arts and audiovisual productions. Understanding the scope
and protection of copyright for each category is essential for both creators
seeking to protect their works and users who wish to respect copyright
boundaries. The provided examples of relevant case laws illustrate the application
of copyright principles to different types of works and highlight the significance of
originality in obtaining copyright protection.

5. Who will be the author and who will be the owner of a copyrighted work
? what are the rights of the owners of copyright?

Title: Authorship, Ownership, and Rights in Copyrighted Works

Introduction:
Copyright law establishes a distinction between the author of a copyrighted work
and the owner of the copyright. Understanding this division is essential to
determine the rights and responsibilities of both parties. This breakdown explores
the concept of authorship, ownership, and the rights granted to copyright
owners, along with relevant case laws and sections.

Sub-Topic 1: Authorship of Copyrighted Works

The author of a copyrighted work is the individual or group responsible for
creating the original expression fixed in a tangible form. In most cases, the author
is the creator of the work, but there are exceptions in cases of works made for
hire or collaborative creations.
Example: If a novelist writes a book, they are the author of the copyrighted work.
Similarly, if a composer creates a musical composition, they are considered the
author of the musical work.

Sub-Topic 2: Ownership of Copyright

The ownership of copyright may or may not coincide with authorship. In some
cases, the author automatically becomes the copyright owner upon creation of
the work. However, ownership can also be transferred or assigned to another
party.
Example: A songwriter may assign the copyright of their song to a music
publisher, making the publisher the owner of the copyright, even though the
songwriter remains the author of the song.

Sub-Topic 3: Rights of Copyright Owners

Copyright owners are granted exclusive rights over their works, allowing them to
control certain actions related to their creations. These rights typically include:

a) Reproduction right: The right to make copies of the work.

b) Distribution right: The right to distribute copies of the work to the public.
c) Public performance right: The right to publicly perform the work (e.g., for plays,
music, or films).
d) Public display right: The right to publicly display the work (e.g., for paintings or
sculptures).
e) Derivative work right: The right to create adaptations or derivative works based
on the original.
Example: If a photographer owns the copyright to a picture they took, they can
control who can make copies of the photo, display it in public, or create derivative
works based on the original image.

Sub-Topic 4: Limitations and Fair Use

While copyright owners have exclusive rights, copyright law also provides certain
limitations and exceptions to these rights to balance public interests and promote
creativity. One such exception is the concept of fair use, which allows limited use
of copyrighted works without permission for purposes such as criticism,
comment, news reporting, teaching, scholarship, or research.
Example: In Campbell v. Acuff-Rose Music, Inc. (1994), the Supreme Court of the
United States held that a rap group's parody of a copyrighted song was
considered fair use, as it was transformative and had a different purpose than the
original work.

Sub-Topic 5: Duration of Copyright

Copyright protection has a limited duration. The duration varies depending on the
type of work and the jurisdiction. In many countries, copyright typically lasts for
the life of the author plus a certain number of years after their death.
Example: In the United States, the duration of copyright for works created by
individuals is the life of the author plus 70 years.

Conclusion:
In summary, copyright law distinguishes between the author and owner of a
copyrighted work. The author is the creator of the original expression, while
ownership can be held by the author or transferred to another entity. Copyright
owners have exclusive rights over their works, enabling them to control
reproduction, distribution, public performance, and other aspects of their
creations. However, certain limitations, such as fair use, ensure a balance
between the rights of copyright owners and the public interest in creativity and
free expression.
 6. Evalute the role of copyright societies in promoting and protecting in
intrests of the owners and authors of copyrights ?

Introduction:
Copyright societies play a crucial role in promoting and protecting the interests of
copyright owners and authors. They are collective management organizations
that administer and enforce copyright on behalf of creators, such as authors,
composers, musicians, artists, and other rightsholders. These societies help
manage the licensing, distribution, and collection of royalties for copyrighted
works. In this breakdown, we will explore various aspects of their role and
functions.

Sub-topic 1: Collective Management Organizations (CMOs)

Collective Management Organizations, also known as copyright societies or
collecting societies, are established to simplify the licensing process and ensure
fair compensation for creators. They represent multiple rightsholders, making it
easier for users to obtain licenses for using copyrighted works. By acting as
intermediaries, they streamline the licensing process, reducing transaction costs
and administrative burden.

Example: One of the well-known copyright societies is the American Society of

Composers, Authors, and Publishers (ASCAP), which represents a large number of
songwriters, composers, and music publishers in the United States.

Sub-topic 2: Licensing and Royalty Collection

Copyright societies issue licenses to various users (e.g., businesses, broadcasters,
digital platforms) who wish to use copyrighted works. These licenses grant
permission to use the works while ensuring the creators receive fair
compensation. The societies then collect royalties from licensees and distribute
them to the respective rightsholders based on set distribution rules.

Example: Broadcasters pay licensing fees to the relevant copyright society, which
then distributes the collected royalties to the songwriters and music publishers
whose works were broadcasted.

Sub-topic 3: Protection of Copyright Interests

Copyright societies play a crucial role in enforcing copyright protection. They
monitor the use of copyrighted works and take legal action against unauthorized
users or those infringing on copyright. This enforcement helps prevent piracy and
unauthorized use, thus safeguarding the interests of copyright owners and
authors.
Example: A copyright society identifies a company using copyrighted images on
their website without proper licensing. The society issues a cease and desist
notice and may initiate legal proceedings if the company fails to comply.

Sub-topic 4: Advocacy and Education

Copyright societies engage in advocacy efforts to promote stronger copyright laws
and protect the rights of creators. They also conduct educational programs to
raise awareness about copyright issues, licensing processes, and the importance
of respecting intellectual property rights.
Example: A copyright society holds workshops for filmmakers, educating them
about licensing music for their films and the legal consequences of using
copyrighted music without permission.

Sub-topic 5: Dispute Resolution

Copyright societies help resolve disputes between rightsholders and users over
licensing terms or royalty distribution. They act as neutral intermediaries,
facilitating negotiations and ensuring equitable resolutions.
Example: A dispute arises between a songwriter and a digital platform over the
royalty rates for streaming the songwriter's music. The copyright society steps in
to mediate the conflict and reach a mutually acceptable agreement.

Relevant Case Laws and Sections:

Case Law - Irving Berlin et al. v. E.C. Publications, Inc. (1963): This case
established that collective management organizations could sue for copyright
infringement on behalf of their members.

Section 33 of the Indian Copyright Act, 1957: This section deals with the rights and
obligations of copyright societies in India, outlining their functions and powers.

Case Law - Phonographic Performance Ltd (PPL) v. Hotel Gold Regency (2014):
This case involved the Indian copyright society PPL seeking royalty from a hotel
for playing copyrighted music. The court ruled in favor of PPL, upholding the right
to collect royalties for public performances.

Section 106 of the U.S. Copyright Act: This section outlines the exclusive rights of
copyright owners, which are often managed and enforced by copyright societies
in the United States.

Remember, copyright laws and regulations can vary from country to country, so
it's essential to refer to the specific legislation in your region. Copyright societies
play a pivotal role in fostering creativity and ensuring that creators are
appropriately rewarded for their valuable contributions to society.

7. Explain the Doctrine of “FAIR DEALING “ and specify the acts which do not
constitute infringement of a copyright ?

Introduction:
The doctrine of "Fair Dealing" is a legal concept that allows limited use of
copyrighted material without the permission of the copyright owner. It is
intended to balance the interests of copyright holders with the public interest in
accessing and using copyrighted works for certain purposes. Fair dealing varies
from one jurisdiction to another and is often subject to specific conditions and
limitations. In some countries, it is known as "Fair Use" instead of fair dealing.

Sub-topic 1: Purpose and Rationale of Fair Dealing

Fair dealing exists to promote the following objectives:
Facilitate access to knowledge and information for educational, research, and
critical purposes.
Encourage creativity, innovation, and commentary by allowing the use of
copyrighted material in transformative ways.
Safeguard freedom of speech and expression.

Sub-topic 2: Criteria for Fair Dealing

The use of copyrighted material under fair dealing must meet certain criteria,
which generally include:
Purpose: The use should be for specific purposes, such as criticism, review,
research, education, parody, or news reporting.
Amount: Only a reasonable and limited portion of the copyrighted work should
be used, not the entirety.
Effect on Market: The use should not negatively impact the potential market
value of the original work.
Example: A book review that quotes a few paragraphs from a novel to analyze its
writing style and themes may be considered fair dealing as it meets the criteria of
purpose (criticism/review), amount (a limited portion), and effect (not harming
the market for the novel).

Sub-topic 3: Acts that Do Not Constitute Infringement

Certain acts are typically recognized as not constituting copyright infringement,
falling within the scope of fair dealing. Examples of such acts include:

Research and Private Study: Using copyrighted material for personal research,
study, or self-education.
Criticism and Review: Quoting from a copyrighted work for the purpose of
critique or review.
News Reporting: Using copyrighted material in news reporting and journalism.
Parody and Satire: Creating humorous or satirical imitations of copyrighted works.
Education: Using copyrighted material for educational purposes in classrooms,
lectures, or presentations.
Sub-topic 4: Fair Dealing vs. Fair Use
Fair Dealing and Fair Use are similar concepts, but they differ in scope and
application. Fair Use is primarily a U.S. legal doctrine, allowing a broader range of
uses compared to fair dealing, which is more common in countries following
common law traditions like the UK, Canada, Australia, etc.

Example: In the U.S., a documentary filmmaker may rely on Fair Use to include
copyrighted footage for commentary and criticism, while in Canada, the
filmmaker would typically rely on fair dealing for the same purpose.

Relevant Case Laws and Sections:

Case Law - CCH Canadian Ltd. v. Law Society of Upper Canada (2004): This
Canadian Supreme Court case clarified the test for fair dealing, emphasizing the
importance of the purpose, character, and amount of dealing.

Section 107 of the U.S. Copyright Act: This section outlines the four factors that
courts consider when determining Fair Use in the United States.
Section 52 of the Indian Copyright Act, 1957: This section deals with acts that do
not constitute infringement, including fair dealing provisions in India.

Remember that the application of fair dealing can be complex, and courts often
assess each case individually based on the specific circumstances. It's essential to
consult the copyright laws in your jurisdiction and seek legal advice if you have
specific concerns about fair dealing or fair use.

8. Discuss the circumstances under which compulsory licence in respect of

copyrighted works can be granted ?

Introduction:
A compulsory license is a legal mechanism that allows a person or entity to use a
copyrighted work without the explicit permission of the copyright owner. It is
usually granted by the government or a copyright authority under specific
circumstances to promote access to copyrighted material while ensuring fair
compensation to the copyright owner. Compulsory licenses can be a crucial tool in
balancing the interests of creators and the public.

Sub-topic 1: Purpose and Rationale of Compulsory License

The primary objective of granting compulsory licenses is to promote the
following:

Public Interest: Ensuring that certain copyrighted works are accessible to the
public for important purposes, such as education, research, or public health.
Market Competition: Preventing copyright monopolies and encouraging
competition in the market for specific copyrighted goods or services.
Fair Compensation: Guaranteeing that the copyright owner receives
compensation for the use of their work, even if they do not consent to the
license.
Sub-topic 2: Circumstances for Granting Compulsory License
Various circumstances may trigger the granting of a compulsory license. Some
common situations include:
Non-Availability: When a copyrighted work is not commercially available or
accessible to the public, a compulsory license can be granted to allow its use.
Public Interest: Compulsory licenses may be granted to promote education,
research, public health, or other matters of vital importance to society.
Anticompetitive Practices: In cases where the copyright owner engages in
anticompetitive behavior or refuses to license their work, a compulsory license
can be issued to encourage market competition.
Example: If a pharmaceutical company holds a patent on a life-saving drug but
fails to make it available at an affordable price in a country with a public health
crisis, the government may grant a compulsory license to another manufacturer
to produce the drug and ensure its wider distribution at lower costs.

Sub-topic 3: Terms and Conditions of Compulsory License

Compulsory licenses typically come with specific terms and conditions, including:
Royalty Payments: The licensee is required to pay the copyright owner a fair and
reasonable royalty for the use of their work.
Scope and Purpose: The license may be limited to specific uses or purposes, as
defined in the relevant law or agreement.
Duration: The license may have a fixed duration or can be subject to renewal or
termination based on certain conditions.
Example: A broadcaster seeking a compulsory license to use copyrighted music in
their TV shows would need to negotiate and pay the appropriate royalties to the
music copyright owners based on the terms specified in the compulsory license.

Sub-topic 4: Relevant Case Laws and Sections

Section 31 of the Indian Copyright Act, 1957: This section deals with the grant of
compulsory licenses in India and the criteria for obtaining one.
Case Law - Diamond vs. Chakrabarty (1980): This U.S. Supreme Court case
involved a patent for a genetically engineered bacterium. The court ruled that
patents can be granted for living organisms, establishing the principles for
compulsory licensing in biotechnology.

Section 11 of the Canadian Copyright Act: This section outlines the conditions
under which a compulsory license may be granted in Canada.
Compulsory licenses can be essential tools for balancing copyright protection with
public interests. They enable access to valuable works while ensuring fair
compensation to copyright owners. However, the circumstances and conditions
for granting such licenses may vary depending on the specific jurisdiction and the
nature of the copyrighted work involved.

9. What is an infringement of copyright? What are the common forms of

infringement of copy right ?

Introduction:
Copyright infringement occurs when someone uses, copies, reproduces,
distributes, or performs a copyrighted work without the authorization of the
copyright owner or outside the scope of fair use or fair dealing. Copyright
infringement is a violation of the exclusive rights granted to the copyright owner
under copyright law, and it can lead to legal consequences and potential liability
for the infringer.
Sub-topic 1: Understanding Copyright Infringement
Copyright infringement is the unauthorized use of a copyrighted work that
belongs to someone else. It includes using the work in whole or in part without
obtaining the necessary permissions or licenses from the copyright owner.
Infringement can happen through various means, including print, digital media,
performances, or public displays.
Example: If someone uploads a copyrighted movie to a video-sharing platform
without the permission of the movie's production studio, it constitutes copyright
infringement.

Sub-topic 2: Common Forms of Copyright Infringement

There are several common ways copyright infringement can occur, including:
Reproduction: Making unauthorized copies of copyrighted material, such as
photocopying books, duplicating CDs or DVDs, or scanning artwork without
permission.
Distribution: Selling, renting, or distributing copyrighted works without proper
authorization.
Public Performance: Publicly displaying or performing copyrighted works, such as
playing music in a commercial establishment without a license.
Adaptation or Derivative Works: Creating new works based on copyrighted
material without obtaining permission, such as making a movie based on a book
without the author's consent.
Digital Piracy: Illegally sharing copyrighted content online, such as downloading or
streaming copyrighted movies, music, or software without permission.
Example: Uploading a copyrighted photograph to a website without the
photographer's permission or proper attribution constitutes copyright
infringement.

Sub-topic 3: Legal Consequences of Copyright Infringement

Copyright infringement can lead to various legal consequences, including:
Cease and Desist Letters: The copyright owner or their representatives may send
a letter demanding the infringer to stop using the copyrighted material.
Civil Lawsuits: Copyright owners can sue the infringer in civil court to seek
damages and injunctive relief (an order to stop the infringement).
Statutory Damages: In some countries, copyright laws provide for statutory
damages, predetermined amounts awarded to the copyright owner without
requiring them to prove actual losses.
Criminal Charges: In severe cases, copyright infringement can lead to criminal
charges, particularly for large-scale piracy or counterfeiting.
Example: A music artist sues a company for using their song in a commercial
without permission, seeking damages and a court order to stop further
unauthorized use.
Sub-topic 4: Relevant Case Laws and Sections
Case Law - Sony Corp. of America v. Universal City Studios, Inc. (1984): In this
landmark U.S. Supreme Court case, the court ruled that the sale of video cassette
recorders (VCRs) for home recording purposes did not constitute copyright
infringement under fair use.
Section 51 of the Australian Copyright Act, 1968: This section deals with the
infringement of copyright in Australia and outlines the remedies available to
copyright owners.
Section 106 of the U.S. Copyright Act: This section lists the exclusive rights
granted to copyright owners, which, when violated, may constitute copyright
infringement.

Copyright infringement is a serious violation of intellectual property rights.

Understanding the forms of infringement and its potential consequences can help
individuals and businesses respect copyright laws and protect the rights of
creators.