copy right(a case study)

Seminar

Presentation on

Copyright in IndiaPresented By:Himanshu KansaraB.Tech (Final Year)CSE

Structure of the Presentation

Two parts

(1) Copyright in India

(2) Case Study: T-Series and Music Piracy

What is Copyright?

“The exclusive right given by law for a certain term of years

to an author, composer etc. (or his assignee) to print, publish

and sell copies of his original work”

Copyright is a right given by the law to creators of literary,

dramatic, musical and artistic works and producers of

cinematograph films and sound recordings.

In fact, it is a bundle of rights including, inter alia, rights of

reproduction, communication to the public, adaptation and

translation of the work.

England & Wales

Indian copyright law similar to

England & Wales. First Copyright

Act in England (and the world).

1710 → “Queen Anne’s Statute”

United States

First Act in 1790: did not protect foreign

authors.

Indigenous American literature suffered.

Today: Copyright Act 1976 one of the

major copyright laws in the world .

Copyright in India

First Act in 1914, followed by the

Copyright Act 1957.

1957 Act: adopted many English

provisions, introduced new ideas

and concepts.

Copyright Act 1957 – Main Features

Valid from 21 January 1958.

Created Copyright Office and Copyright Board.

Introduced civil and criminal remedies against infringement.

Copyright Act 1957 – Main Features (II)

Performing rights societies’ rights (for instance, music

royalties).

Definition of categories in which copyright actually subsists.

International copyright

Definition of infringement

Copyright (Amendment) Act 1983 and

1984

Objectives

Berne and Universal Copyright Conventions grant of compulsory licenses by developing

countries, publication by

deceased authors.

1984 Act: discouraging and

preventing widespread video piracy.

Copyright (Amendment) Act 1992

Defined ambit of the Copyright Board’s powers

Introducing special rights

for performers

Assignment and licences of

copyright

Rights of copyright owners

The Nature of Copyright

Statute-based, no registration necessary

Copyright = intellectual property

Combines different rights (literary works: the right to

reproduce in hardback and paperback editions, the right of

translation adaptation)

Labour, Skill and Capital

“It is the product of the labour, skill and capital of one man

which must not be appropriated by another.” (- per Lord

Atkinson, Macmillan v Cooper AIR 1924 PC 75)

What Copyright Protects

Original Literary, Dramatic, Musical and Artistic Works

Cinematograph Films

Sound Recordings

Literary Works

Novels, poems, short stories

Books on any subject

Computer programmes, tables, computer databases

Song lyrics

Computer Software

Includes

Programme Manuals

Punched Cards

Magnetic Tapes/Discs

Computer printouts

Computer programmes

T-SERIES AND MUSIC PIRACY

Case Study

On

Music Piracy

The term piracy is generally used to describe the deliberateinfringement of copyright on a commercial scale. It is illegal

and criminal in nature. Music piracy basically refers to three

kinds of activities:

Counterfeiting

Pirate Recording

Bootlegging

Facts of Music Piracy

According to the International Federation of the Phonographic

Industry (IFPI), that identifies and attempts to solve problems of

piracy, sales of pirate recordings were $ 2.1 billion in 1995. This

represented unauthorized sales of 954 million music cassettes, 84 million

CDs and 4 million LPs - indicating that one in every five recordings

sold worldwide was a pirated copy.

India was the world's third largest pirate market in volume and sixth in

value. The Indian music industry lost millions of rupees each year to the

pirates. Piracy levels were as high as 90 % in the early 1980s, coming

down to 65% in the 1990s and to 40% in 2000.

T-Series

In 1970’s - the Indian music industry was dominated by

Gramophone Company of India (GCI) and Polydor (later

named Music India Ltd.- MIL).

Late 1970s - cassette players flooded the country

In 1978 - with the Indian government liberalizing the import

and export trade, new kinds of luxury consumer goods

appeared in the market.

Cassette players (and consequently, cassettes) were one such

new item that quickly became popular in the country.

Copyright Violations

Cassettes were incredibly cheap to produce and reproduce and

could be easily distributed and transported.

A large number of outfits began setting up illegal copying

operations.

Most copyright violators chose old Hindi film songs from the

GCI catalogue.

The bootleggers paid no royalties and no excise

A major part of this piracy industry was reportedly owned

and operated by T-Series.

Cover Versions

Cover versions were albums that used the musical

compositions as well as the lyrics of original well-known

Hindi film soundtracks.

Cover versions were considered to be legal as long as the

makers had acquired permission from the original music

companies.

The Supreme Court had passed a directive that cover versions

done after a period of three years from the release of the

original music score were legal.

T-Series & Cover Versions

Initially, Gulshan's cover versions featured only old Hindi

film songs.

Gulshan was able to make good margins on the overall deal.

Soon, he began making cover versions of new movies as well.

A cover version of what was reportedly one of India's biggest

blockbuster movie, 'Hum Aapke Hain Kaun' in 1997

Conflict

'Hum Aapke Hain Kaun' case went to the courts, Gulshan

was murdered.

With Gulshan's death began a period of uncertainty for the

T-Series group.

The music company was not doing very well as Gulshan had

stopped buying music rights from outside7 and the T-Series'

films had failed.

Court Order

The High Court order said that the

makers of version recordings relied

upon a special provision of the Indian

Copyright Act.

Taking advantage of this provision,

the pirates claimed that copyright owners

of the compositions and lyrics were

only entitled to a statutory license fee.

Conclusion

The Court held that under the Copyright Act, assignments

and licenses could only be made in writing.

They had to be signed by the assignor/licensee.

The Delhi High Court held that there was no provision for

such automatic licensing and the sound recordings could be

made by third parties only after they had obtained permission

from the copyright owners.

References

www.ircc.iitb.ac.in/.../Indian%20Copyright%20Act%20195

7.html

www.indiaip.com/india/copyrights/acts/act1957/act1957.ht

ml

www.icmrindia.org/free%20resources/casestudies/t-series-

3.htm

www.wipo.int/edocs/...ge.../wipo_smes_ge_10_ref_topic09

_1.pdf

www.legalindia.in/study-on-copyright-piracy-in-india

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