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BananaIP Counsels > Copyrights (Page 34)

Access to Copyrighted Works for Persons with Disability- Conference at NLSIU

The Marrakesh Treaty, which focuses on the rights of the blind, visually impaired or print disabled persons, with respect to access to copyrighted works was signed on June 27th, 2013. The underlying objective of the Treaty has been to incorporate certain exceptions to the national laws of countries, in order to provide works in accessible format for persons with print disability. India became the first country to ratify the Treaty and displayed its allegiance to the cause. Bearing in mind the gravity of the Treaty and its possible implications, the MHRD Chair on Intellectual Property Rights & Centre for Intellectual...

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Exceptions for Access to the Blind

  Provisions for facilitating access of copyrighted works to the disabled, including blind persons, were introduced in the Indian Copyright Act, 1957 in 2012. Limitations and Exceptions in the Indian Copyright Law can be categorized into two types: Fair Dealing exception for the disabled; and Compulsory License for making works accessible to the disabled. Fair Dealing ((Section 52(zb)) The use of a work for making it accessible to a disabled person is considered as fair dealing under the Indian Copyright Law. This exception is of two types: Exception for Personal Use, Education and Research; and Exception for Non-Profit Use Permitted Rights The following rights may...

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Copyright Exceptions for Access to the Blind – Marrakesh Treaty

After several years of continuous effort, the MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED was adopted in 2013. So far, 9 countries, including India, have ratified the Treaty,  while 2 have acceded to it. The Treaty will come into force when 20 countries ratify it. Background A WHO report estimates that there are more than 285 million blind or visually disabled people in this world. It is estimated that around ninety percent of them live in developing and least developed countries. Out of total books published, one study reports that...

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Doctrine of Merger and Copyright Law

The fundamental rule of Copyright law is that facts and ideas are not copyrightable, it is only the creative expression of such ideas and facts that is rewarded by law, by conferring a privilege to exclusively exploit such expression for a limited time. However, not all expression are accorded protection under the Copyright Law. The law affords protection to expressions that are fixed in a medium and are ―original. Section 13 of the Copyright Act provides that ―original, literary, artistic, dramatic and musical works are subject matter of copyright. However, in situations where the idea and expression are inseparable or merged,...

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Statutory License for Cover Versions under the Copyright (Amendment) Act

In our post last week, we looked at statutory licensing for broadcast organizations specified under Section 31D of the Indian Copyright Act. As mentioned earlier, the objective of non-voluntary licensing is to overcome the difficulty of locating the original owner of the copyrighted work in order to obtain a license and to avoid the creation of monopoly of copyright owners. The Copyright Act similarly contains provisions for statutory licensing for cover versions under Section 31C. While Section 31D which talks about statutory licensing for broadcast organizations was a new insertion into the Copyright Act, Section 31C is not completely a new...

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The Diary of Anne Frank or Otto Frank?

  “I wish to go on living even after my death” -Anne Frank, The Diary of a Young Girl This was just one of the famous lines that Anne Frank wrote in her diary - ‘Kitty’, which it was fondly referred to as by Anne when she penned her thoughts into it. Anne Frank, The Diary of a Young Girl or more famously known as the Diary of Anne Frank was a journal or a diary of a young Jewish girl who, along with her family, had managed to hide from the Nazis during their occupation of the Netherlands during World War II,...

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Thou can copy, oh Google. Tis legal!

The featured image shows the logo of google. To read more on the google versus oracle dispute click here.

The latest IP related news pertains to Google's digital copying of entire books as part of its Google Books service from Google Inc. The US Court of Appeals for the 2nd Circuit recently confirmed the decision of the District Court that the scanning activities of Google within its Library Project are to be considered a fair use of copyright works. The Plaintiff-Appellants, who are the authors of published books under copyright, appealed from the judgment of the United States District Court for the Southern District of New York (Chin, J.) which had ruled in favour of Defendant Google, Inc. The Plaintiffs...

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Machinima – Copyright and Related Issues – Part II

In our post last week, we discussed about the art of machinima, i.e. the use of visuals from a video game to create a cinematographic film. As machinima is a derivative work, using the characters and the environment from the game without the authorization of the game developers would usually constitute an act of infringement. However, many of the creators of machinima, or machinimators, rely on the fair use provisions in the event that a copyright infringement claim is brought against them. This week, we shall try to analyse and distinguish between the nature of acts relating to machinima that...

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Technological Protection Measures

  The Copyright Act, 1957 went through a major change in 2012. The amendment harmonised the copyright law with the “Internet Treaties”- the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), making it capable of facing challenges posed by digital technologies. The Copyright Act, 2012 (hereinafter referred to as the ‘Act’) added new Sections, 65A and 65B, for protection against dodging of technological measures and protection of rights management information respectively. The provision under Section 65A sets out that any person who circumvents an effective technological measure applied for protecting any of the rights conferred in the Act, with...

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Indian Copyright Law and Fair dealing

The concept of fair dealing is statutorily entrenched in Section 52 of the Copyright Act, 1957. What fair dealing does is that it permits certain acts with respect to copyrighted works, which otherwise would have constituted as infringement. The concept of fair dealing found in the UK copyright law as well as the Indian copyright law, is much more restrictive that its US counterpart, fair use. While the Indian law provides a specific list of fair dealing acts and purposes, the US law uses certain set of factors to classify fair use. Section 52 on the Indian Copyright Act, entitled ‘Certain...

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