Copyright Law Of India
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Copyright Law Of India
The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. India is a member of most of the important international conventions governing the area of copyright law, including the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Initially, India was not a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) but subsequently entered the treaty in 2013. Applicable Copyright Act before 1 ...
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India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations average to between 73–55 ka.", "Modern human beings—''Homo sapiens''—originated in Africa. Then, int ...
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Joint Authorship
Joint authorship of a copyrightable work is when two or more persons contribute enough to the work to be the author of that work. In the case of joint authorship, the authors share the copyright in the work with each other. International conventions Article 7bis
of the states the term of protection for works of joint authorship and extends the general terms of protection provided unde
Article 7
to works of joint authorship, under the condition that the term of copyright protection must be measured from the death of the last surviving author. But the Berne Convention doesn’t define wha ...
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Copyright Law By Country
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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National Data Sharing And Accessibility Policy – Government Of India
The Union Cabinet approved the National Data Sharing and Accessibility Policy (NDSAP) on 9 February 2012. The objective of the policy is to facilitate access to Government of India owned shareable data and information in both human readable and machine readable forms. Scope A large quantum of data generated using public funds by various organizations and institutions in the country remains inaccessible to the public, although most of such data may be non-sensitive in nature and could be used by public for scientific, economic and developmental purposes. There has been an increasing demand by the community, that such data collected with the deployment of public funds should be made more readily available to all, for enabling rational debate, better decision making and use in meeting civil society needs. The NDSAP policy is designed to promote data sharing and enable access to Government of India owned data for national planning, development and awareness. The National Data Sharing ...
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Registrar Of Copyrights (India)
The Registrar of Copyrights is the head of the Copyright Office under the Department of Industrial Policy and Promotion of the Ministry of Commerce and Industry A Ministry of Trade and Industry, Ministry of Commerce, Ministry of Commerce and Industry or variations is a ministry that is concerned with a nation's trade, industry and commerce. Notable examples are: List *Algeria: Ministry of Industry and M ... and in-charge of implementation of Copyright Act. The appointment of the Registrar is done by the central government. The registrar of copyrights is also the secretary of the copyright board. Copyright Office Section 9 of the Copyright Act requires for establishment of an office to be called the Copyright Office for the purpose of the Act. The Copyright Office is to be under the immediate control of a Registrar of Copyrights to be appointed by the Central Government, who would act under the superintendence and directions of the Central Government. The Copyright Office ...
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Account Of Profits
An account of profits (sometimes referred to as an ''accounting for profits'' or simply an ''accounting'') is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment. In conducting an account of profits, the plaintiff is treated as if they were conducting the business of the defendant, and made those profits which were attributable to the defendant's wrongful actions. This can be rather complex in practice, because the defendant's accounting records must be examined (sometimes by a forensic accountant) to determine what portion of his gross profits were derived to the wrongful act in question. As a result, mathematical exactness is not called for and reasonable approximation is acceptable. Historically an account was not an equitable remedy, but was an action at common law, and is therefore technically an instru ...
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Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ...
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Injunctions
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ...
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Rameshwari Photocopy Service Shop Copyright Case
''The Chancellor, Masters and Scholars of the University of Oxford and Others v. Rameshwari Photocopy Services and Others'', colloquially known as the DU Photocopy Case, was an Indian copyright law court case in the Delhi High Court filed by academic publishers Oxford University Press, Cambridge University Press and Taylor & Francis, against Rameshwari Photocopy Services and the University of Delhi, the former being a shop licensed to operate within the precincts of the Delhi School of Economics, University of Delhi. The plaintiffs alleged copyright infringement and sought a permanent injunction, and the defendants successfully argued that their actions fell within the bounds of fair dealing. Background Rameshwari Photocopy Service was established in 1998 and owned by Dharampal Singh. Although initially denied by the University of Delhi, some of the professors teaching the Delhi School of Economics had prepared course packs consisting of pages from books published by the plai ...
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Civic Chandran V
Civic is something related to a city or municipality. It also can refer to multiple other things: General *Civics, the science of comparative government *Civic engagement, the connection one feels with their larger community *Civic center, a community focal point *Civic nationalism *Civic Theatre (other), a name given to a number of theatres around the world *Civic virtue Specific places *Civic, Christchurch, a Category II heritage building in the Christchurch Central City *Civic, Australian Capital Territory, the central business district of Canberra, Australia Music * Civic (band), an Australian rock band Other *Honda Civic, a car produced by the Honda Motor Co. *Campaign for Innocent Victims in Conflict (CIVIC), a humanitarian organization See also * Civil (other), civilian * City * Citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state dete ...
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High Court Of Kerala
The High Court of Kerala is the highest court in the Indian state of Kerala and the Union territory of Lakshadweep. It is located in Kochi. Drawing its powers under Article 226 of the Constitution of India, the High Court has the power to issue directions, orders and writs including the writs of ''habeas corpus'', ''mandamus'', ''prohibition'', ''quo warranto'' and ''certiorari'' for ensuring the enforcement of the Fundamental Rights guaranteed by the Constitution to citizens or for other specified purposes. The High Court is empowered with original, appellate and revisional jurisdiction in civil as well as criminal matters, and the power to answer references to it under some statutes. The High Court has the superintendence and visitorial jurisdiction over all courts and tribunals of inferior jurisdiction covered under its territorial jurisdiction. At present, the sanctioned Judge strength of the High Court of Kerala is 35 Permanent Judges including the Chief Justice and 12 Add ...
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Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and in t ...
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