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Exploitation Rights


Exploitation Rights
Exploitation Rights

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Exploitation Rights


Literary, Dramatic, or Musical Works

  • Production: Making the work in any tangible form, including electronic storage.


  • Distribution: Issuing copies to the public, excluding those already circulated.


  • Performance: Public performance or communication to the public.


  • Adaptation: Making translations or adaptations of the work.



Computer Programs

  • Same rights as literary works, plus:


  • Commercial Rental: Selling, renting, or offering for sale or rental copies of the program.



Artistic Works

  • Reproduction: Making copies in any material form, including electronic storage.


  • Distribution: Issuing copies to the public, excluding those already in circulation.


  • Inclusion in Film: Incorporating the work into a cinematograph film.


  • Adaptation: Making adaptations of the work.

 
 

Cinematograph Films

  • Copying: Making copies of the film.


  • Commercial Rental: Selling, renting, or offering for sale or rental copies of the film.


  • Communication: Broadcasting or communicating the film to the public.



Sound Recordings

  • Reproduction: Making copies, including electronic storage.


  • Commercial Rental: Selling, renting, or offering for sale or rental copies of the recording.



Broadcasting Rights


  • Broadcasting organisations have a special right known as a 'broadcast reproduction right' for 25 years.


  • Acts infringing this right include rebroadcasting, making sound or visual recordings, and selling recordings.


  • Exceptions include private use, teaching, research, and fair dealing.



Interplay with Copyright

  • Broadcasting organisations must obtain consent or licences for works included in broadcasts.


  • Broadcast reproduction right doesn't affect copyright in broadcasted works or recordings.


  • Authors of original works incorporated in cinematograph films retain their rights.


  • Case law, like Thiagarajan Kumararaja v. Mis Capital Film Works, clarifies the application of these rights, especially regarding dubbing and remaking films.




Fair Dealing Provisions


Section 52 of the Copyright Act enumerates certain acts that do not constitute copyright infringement in any work. These acts include fair dealing with a literary, dramatic, musical, or artistic work for specific purposes:


  • Research or Private Study


  • Criticism or Review


  • Reporting Current Events and Affairs


In cases of criticism, review, or newspaper reporting, acknowledgment of the work and its author is necessary. Fair dealing extends to translation or adaptation of works for private use, encompassing criticism, review, and research.



Delhi University Photocopy Case

In the landmark DU Photocopy case, Justice Rajiv Sahai Endlaw ruled that unauthorised reproduction of course packs falls within the ambit of section 52(1)(i), permitting reproduction of works for educational instruction.



The Division Bench upheld this interpretation, allowing photocopying for educational purposes regardless of quantity.



Exemptions and Challenges


Various other acts exempted under section 52 include reproduction for judicial proceedings, teaching purposes, public reading, non-paying performances, and adaptation for persons with disabilities. Challenges to copyright protection arise from technological convergence.



The Information Technology Act, 2000, recognizes electronic transactions, impacting copyright and trademark protection. The Copyright (Amendment) Acts of 1999 and 2012 clarify exemptions for personal use, research, and preservation by non-commercial libraries.

 
 

Intermediary Liability


MySpace v. T-Series Case

The Delhi High Court ruled on intermediary liability, stating that intermediaries are immune unless proven to have 'actual knowledge' and failing to remove content promptly. This differs from the Supreme Court's interpretation, emphasising restrictions under Article 19(2) of the Constitution.



Recent Developments


Legal disputes involving copyright and trademarks expand discussions on intermediary liability. New IT Rules 2021 introduce categories like Social Media Intermediaries and Significant Social Media Intermediaries, raising questions about evolving legal standards and accountability.



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