Definition
A
copyright is a legal device that gives the creator of a literary, artistic,
musical, or other creative work the sole right to publish and sell that work.
Copyright owners have the right to control the reproduction of their work,
including the right to receive payment for that reproduction. An author may
grant or sell those rights to others, including publishers or recording companies.
Violation of a copyright is called infringement.
Copyright
is distinct from other forms of creator protection such as Patents, which give
inventors exclusive rights over use of their inventions, and Trademarks, which
are legally protected words or symbols or certain other distinguishing features
that represent products or services. Similarly, whereas a patent protects the
application of an idea, and a trademark protects a device that indicates the
provider of particular services or goods, copyright protects the expression of
an idea. Whereas the operative notion in patents is novelty, so that a patent
represents some invention that is new and has never been made before, the basic
concept behind copyright is originality, so that a copyright represents
something that has originated from a particular author and not from another.
Copyrights, patents, and trademarks are all examples of what is known in the
law as Intellectual Property.
Copyright subsists in the following works:
•
Original literary works (including computer software)
•
Original musical works
•
Original artistic works
•
Original dramatic works
•
Films
•
Sound recordings
•
Broadcasts, including broadcasts by wire or cable.
•
Typographical arrangements of published editions
It should be noted that in the United
Kingdom the lyrics of a song and the musical score are protected separately
being literary and musical works respectively. visual
works; and sound recordings.
History
of Copyright Law
U.S.
copyright law grew out of English Common Law
and statutory law. When the printing press was developed in the fifteenth
century, rights for the reproduction of written works extended to printers
rather than to authors. In England, a printers’ guild, the Stationers’ Company,
claimed for itself the exclusive right—in effect, a monopoly—on written works.
It was not until 1710 that Parliament passed a statute relating to copyright.
That law, called the Statute of Anne, established authors’ rights to control
the reproduction of their work after it was published. It also created a term
of protection of 28 years from the date of publication. After that time, an
author’s work entered the public domain, meaning that anyone could print or
distribute it without obtaining the author’s permission or paying a royalty, or
fee, to the author. Other European countries developed similar laws in the late
eighteenth and early nineteenth centuries.
Under
the British system, the author retained a common-law right to ownership of his
or her work until publication. After publication, copyright was established as
a statutory right, protected by the Statute of Anne. U.S. copyright law
retained this distinction between prepublication common-law rights and
post-publication statutory rights, until 1976.
By
the late eighteenth century, the protection of intellectual property as a means
of advancing the public interest was considered important enough to receive
mention in the U.S. Constitution. The Patent and Copyright Clause—Article I,
Section 8, Clause 8—of the U.S. Constitution empowers Congress “To promote
the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Congress passed its first copyright statute in 1790—and has substantially
revised copyright law four times, in 1831, 1870, 1909, and 1976.
Revisions
in the copyright law have been driven largely by commercially significant
changes in technology. In 1802, for example, graphic prints came under
copyright protection, establishing the notion that the Constitution’s language
regarding copyright not be interpreted to apply literally to
“Writings” alone. In 1831, musical compositions were incorporated
into copyright protection, and in 1870, paintings, statues, and other works of
fine art were placed under copyright protection.
The
distinction between common-law protection for unpublished works and statutory
protection of published works received increasing criticism in the twentieth
century, particularly as the notion of publication changed greatly with
technological innovations in communication. Congress removed this distinction
in the landmark Copyright Act of 1976 (17 U.S.C.A. § 102(a)). According to this
statute, an author receives copyright protection as soon as a work is recorded
in a concrete way—when, for example, it is written on a piece of paper,
recorded on an audiotape, or stored on a computer disk. Any unauthorized
copying of the work is subject to an infringement suit and criminal charges.
The 1976 act also allows copyright protection of works that derive from the
original, such as motion pictures, CD-ROM multimedia editions, and other
adaptations. These subsequent creations are known as derivative works.
Copyright Infringement
Copyright
infringement involves any violation of the exclusive rights of the copyright
owner. It may be unintentional or intentional. When unintentional, it is called
innocent infringement. An example of innocent infringement occurred when former
Beatle George Harrison created his song “My Sweet Lord.” Harrison was
found to have unconsciously copied the tune of another song, “He’s So
Fine,” by the Chiffons, and thus was liable for infringement (Bright Tunes Music Corp. v. Harrisongs Music,
Supp. 177 [S.D.N.Y. 1976]). Vicarious or related infringement refers to those
who profit indirectly from the infringement of copyright, as in the case of a
theater owner who profits from booking a band that illegally performs copyrighted
works.
Since
evidence of direct copying or Plagiarism of an authored work is difficult to
obtain, infringement of copyright is usually established through Circumstantial
Evidence. Such evidence typically must show a substantial similarity between the original and the copy, as
well as prove that the copier had access
to the original. This means that where two works are similar or identical,
there is nevertheless no infringement if each work was produced through the
original and independent work of its creator. An infringer is not relieved of
liability by crediting the source or the creator of the infringed work.
Although infringement does not require that even a large portion of the work be
similar, it does require that a substantial part be similar. It is irrelevant
if the copied work is an improvement of the original work.
The
Copyright Act of 1976 recognizes a copyright not only in a publisher’s
collective work, but also a separate copyright for each author’s contribution
to the work. With the growth in the use of electronic databases and disk to
store data, some freelance authors began to object to their articles being sold
to companies that produced these databases and disks. The Supreme Court, in New York Times v. Tasini, 533 U.S.
483, 121 S. Ct. 2381,
Ed. 2d 500 (2001), held that the Act protects the copyrights of the writers,
rejecting an argument by the publishers that the conversion of the original
works to an electronic format constituted a “revision” of the
collective work, which would have been permissible under the Copyright Act.
Authorship
and Ownership of Copyright
Authorship
The
author of a copyright work is generally the person who creates it. In relation
to sound recordings this is the producer. In films the principal director and
producer are joint authors. The author of a broadcast is the person who made
it. Finally the publisher of a typographical arrangement of a published edition
is the author of it.
Where
two or more people collaborate in creating a work and their individual
contributions are not distinct they are joint authors of that work. So where
two or more persons do collaborate but it is possible to determine the separate
parts attributable to each author it will not be a work of joint authorship.
Ownership
Generally
the author of the work is the first owner of copyright and therefore those
people mentioned above are also the first owners. If a literary, musical,
dramatic, artistic work or film is made in the course of employment, however,
the employer is the first owner of the copyright, unless there is any agreement
to the contrary.
It
is important to distinguish ownership of a physical product with the ownership
of the copyright embodied within it. For example the purchase of a CD does not
mean that the purchaser owns the copyright in the musical or literary work
within it or the copyright in the sound recording. Therefore purchasing a CD
alone does not entitle the purchaser to copy the work or do any other acts
which are restricted to the copyright owner.
Rights
of a Copyright Owner
Economic
Rights
The
economic rights of a copyright owner are expressed in the Copyright Designs and
Patents Act (CDPA) 1988 as a series of ‘restricted acts’ that only the
copyright owner can do or authorize. These are:
•
To copy a work
•
To distribute copies of a work
•
To rent or lend a work
•
To perform, show or play a work in public
•
To communicate a work to the public (which is any electronic transmission and
includes broadcasting)
•
To adapt a work (and all the other acts with that new work)
All
these rights include the right to do any of these acts with a substantial part
of the work; this is assessed qualitatively and therefore can be a very small
part of a work if it is distinctive.
Moral
Rights
The
author of a copyright literary, dramatic, musical or artistic work and the
principal director of a film have the following moral rights in relation to
their work:
•
Paternity right – The right to be identified as the author, such as
having his name printed on his work. The right has to be asserted by the author
in order to have effect.
•
False attribution – A person has the right not to have a work, which
they have not created, falsely attributed to him.
•
Integrity Right – The author has the right not to have his work
subjected to derogatory treatment, he can object to any distortion or
mutilation of his work prejudicial to his honour or reputation or of a
director.
There
is a further moral right which is not granted to an author of a work:
•
Privacy in photographs
This
is a very specific moral right and relates to the situation where a private
Photograph
has been commissioned for private and domestic purposes. In such a situation
the copyright of the photograph will vest in the photographer, but this moral right
allows the subject of the photograph to prevent any general distribution,
exhibition or communication of it. Generally moral rights exist for as long as
copyright exists in the work, with the exception of false attribution which
lasts until 20 years after a persons death. Moral rights may be waived but
cannot be assigned and so do not pass with any assignment or license of the
copyright.
Dealing
with Copyright
There
are essentially two ways in which the copyright owner can deal with his
copyright. Firstly, by assignment and secondly by licensing.
Assignment
Copyright
is a property right and therefore like physical property it can be assigned.
Assignment
is akin to selling all or part of the copyright. It is possible for the
copyright owner to assign his copyright in its entirety to another party.
However, it is also possible to assign merely one part of the copyright, such
as the right to copy, and the assignment may be further limited in that the
assignment may only be for a certain period of time. Assignment may also take
place by will in the same way as any other personal property. To be valid, any
assignment of copyright must be made in writing and signed by or on behalf of
the copyright owner.
Future
Assignment
The
Copyright, Designs and Patents Act 1988 allows a copyright owner to agree to
assign the copyright in works that he will create in the future. When such
works come into existence they will automatically transfer to the assignee in
the agreement. The ability to assign copyright in future works is particularly
useful in relation to members of The Performing Right Society (PRS for Music)
as it ensures that they do not have to make a separate agreement to assign
their rights to PRS each time they create a new work.
Licensing
and Exclusive Licenses
It
is possible to license a right instead of assigning it. In granting a license
the copyright owner merely gives another person permission to use that right
for the particular purpose as agreed in the license terms. Licensing is more
flexible than assignment as it is possible to license many people to use
copyright simultaneously (a non-exclusive license). Licenses can be limited as
to what can be done and can be limited in time. It is also possible to give an
‘exclusive license’. This means the copyright owner grants a person permission
to exercise a particular right exclusively (even to the exclusion of the
copyright owner themselves). An exclusive license can be limited in the rights
given and the time period. An exclusive license must be in writing and signed
by or on behalf of the copyright owner granting the license.
Fair
Dealing
The
fair dealing exceptions are fairly limited and exist for the purposes of:
•
Non-commercial research and private study
•
Criticism and review
•
Reporting current events
Fair
dealing acts differ from other exceptions to copyright in that these involve an
assessment as to whether the dealing is fair. In determining this issue the
courts have generally considered three main questions.
First
is the person really using the work for the stated purpose? For example, if an
entire work has been used and it is followed by two lines of vague review this
is will not constitute use for the purpose of criticism and review. If the use
has not been for one of the stated purposes it will not fall within fair
dealing and as such any use without permission will be an infringement. If the
work has been used for one of stated purposes the court will then consider
whether the use of the work was fair in all the circumstances. Such an
assessment will involve a number of factors and will depend upon the particular
circumstances of each case. Finally in order to benefit from a fair dealing
exception a sufficient acknowledgement must accompany the work (with the
exception of reporting current events by means of sound recording film or
broadcast). This means that there must be a visible notice demonstrating
The
claim that the copyright owner has to his work.
Exceptions
of Copyright infringement
There
are also a number of general exceptions in the Copyright Act for a variety of
purposes. Broadly these are:
•
Educational exceptions – exceptions in relation to specific acts taking
place in teaching and educational establishments.
•
Library and archiving exceptions – exceptions relating to various
aspects of libraries and archiving, such as; libraries making copies for use in
non-commercial research, or for archiving material.
•
Public administration – exceptions relating to various
parliamentary/judicial functions and public information, such as reporting
legal cases.
•
Incidental inclusion of the copyright work – this exception relates to
the situation where for example a documentary is being filmed and incidentally
includes a passing car playing copyright music or a building or sculpture which
is a copyright work. These incidental inclusions would be accepted from
copyright liability. However, the Copyright, Designs and Patents Act 1988
provides that where music is in fact deliberately included, it will not be
possible for a person to claim incidental inclusion.
•
Lawful use of a computer program/database – a person who is lawfully
using a computer program or database is allowed to make back-up copies and in
certain circumstances de-compile programs, however, it must be noted this is only
where the initial use is lawful.
•
Time shifting – a limited exception is allowed so that a person in private
and domestic circumstances can copy a broadcast (and the copyright works
embodied in it) to watch or listen to at a more convenient time.
Remedies for Infringement
Because
the owner loses the value of a copyright when infringement occurs, relief is
often sought through filing a lawsuit in federal court. If infringement is
established, the court can grant preliminary and permanent injunctions, or
court orders that restrain the offending party from continuing to infringe the
copyright. A court may also award monetary damages as a remedy for copyright
infringement. The copyright owner can recover for actual financial losses and
any additional profits that the infringer earned from the infringement.
Suit for
Infringement
Where different persons own the
several rights conferred by a copyright in any work, the owner of any such
right, to the extent of his/her right, may enforce that right by a civil or
criminal proceeding. The following issues arise in a suit for infringement of
copyright:
a) Is the plaintiff entitled to
Tile the suit?
b) Whether copyright subsists in the original
work or not;
c) How far the act of defendants
within the ambit of infringement;
d) How far the defendants can
claim exemption under the exceptions (laid down in the above)
e) What remedies the plaintiff is
entitled to, etc.
There are three kinds of remedies
against infringement of copyright:
1.
Civil remedies
Civil suits provide remedy for
claiming compensation for infringement of copyright and loss of profits us
well. The owner of the copyright can bring civil action in which reliefs such
ns Anton Pillar Order (Search Order) injunction, accounts and damages can be
sought. A suit or other civil proceedings relating to infringement of copyright
is to be filed in the Court of District Judge, within whose jurisdiction
the-plaintiff resides or carries on business or where the cause of action arose
irrespective of the place of residence or place of business of the defendant
2. Criminal liability
Criminal remedies provides for
the imprisonment of the accused or imposition of fine one or both, seizure of
infringing copies etc. Criminal proceedings are available in order to punish
the persons who have violated the copyright law. The infringement of copyright
is a cognizable offence and is punishable will] imprisonment for a period
extending from
Six months to four years and a
fine ranging from Tk. 50.000/- to Tk. 2,00.000/. The Act also provides for
seizure of infringing copies and confiscation of ail duplicating equipments
used for manufacturing Counterfeit copies. However, if the court is satisfied^
that infringement is committed without Slaving an intention for profit or
non-commercial purpose, the court may give lesser punishment, which may be
imprisonment for less than six months and fine for less than 50, 000 (aka.
However, in case of piracy of computer program, the amount of fine is extended
by an amendment to the Copyright Act on 18, 2005. Which is now minimum
Tk.1,00,000 and maximum Tk. 4,00,000, if it is committed for commercial
purpose. However, in case of mere use of infringing copy or if the court is
satisfied that it is committed for non-commercial purpose; the court may impose
lesser punishment and lesser fine as well.
3. Administrative
remedies
Administrative remedies consist
of moving to the Registrar of copyrights to ban the import of infringing copies
into Bangladesh. When the infringement is by way of such importation and the
delivery of the confiscated infringing copies to the owner of the
Source:
www.scribd.com
Types of Media
Learn about the different types of
media that make up the world of communication and information. Find out how
these different mediums influence and play a substantial role in our day to day
lives…
Media is an umbrella term for the
different kinds of mediums that enrich us with knowledge, and vital
information. It is the circuit that runs through society, in the form of
visual, print and audio mediums, namely – television, newspaper (magazines,
tabloids and newsletters), radio and the Internet. These mediums play different
roles when it comes to communicating to the audiences at large, as well as
altering their perceptions. Advertising
agencies take advantage of peoples’ nature, and therefore give out
repetitive messages of a brand or place that can – make their lives better and
improve lifestyles; showcase technology that is eye catching; food products
that are healthy; medicines that are effective; cost saving plans with
insurance suggestions; bank loans and mutual fund investments; attractive
holiday packages and apartments and so on. We witness everyday how these different
types of mass media change and aid us in our day to day dilemmas,
making things more accessible and extremely convenient.
Radio
The radio marked a turning
point, in the way information was conveyed or transferred, because it used
sound to capture the attention of audiences. Being the first communications medium that
could transfer or transmit live voices over long distances, radio was and still
is one of the most effective medium. People depended and still depend upon it
as a source of important news, and information. The importance and optimum use
of radio as a mass media was nowhere more evident than in World War 1. Radio
was used to send diplomatic messages when Germany found out the British had
tapped its cables. It made itself a medium that audiences found as their
connection to all that happened worldwide. If they ever knew that television
and the Internet, would take the world by storm in this day and age.
Television
The progression of television
has come a long way from black and white and color TV
to now plasma and LCD. The advent of this ever changing medium started in the
late 1930s, for entertainment and news purposes initially. Now, we have advertising that has been
incorporated into entertainment and news, to give viewers a chance to avail
from products/services. There’s also a new way of accessing the Internet, by
using a ‘Web TV’ that is hooked up instead of a PC, to browse information, and
watch streaming videos on large LCD screens. After production of the TV
program, a news channel has to make it available to the market, for those who
are interested in viewing it. These programs can be talk shows, cooking shows,
serials, movies and so on. There are two ways that is done.
First/Original
Run once a program is completed by the
producer, of either multiple or a single episode/s, he/she then want either a
network or station to view it to audiences. These networks/TV stations already
pay for the production themselves, or license a producer to do it instead
before it is viewed to the people.
Broadcast
Syndication this
is when secondary runs of a program, which go beyond its original first issue
run, is again broadcast in other countries/locally and isn’t necessarily
managed by the producer. In this case other TV stations, individuals or
companies involve themselves in selling the product to available markets that
they are allowed to showcase it to, usually under contract basis in some cases
from the copyright holders/producers.
Internet
Internet
technology has paved the way to revolutionize all that we thought
was either hidden or inaccessible. From the different types of media, the history of the Internet
can be termed to be, by far, man’s greatest innovation story. The Internet has
made it possible to contact others worldwide, nationally and locally; to send
emails and be a part of chat rooms and conferences; blogging with discussion
boards, opinion polls and forums; webcam viewing; global mapping using ‘Google
Earth’; sending and receiving images and files; downloading from the Internet
through websites; signing up to a social networking websites; radio
stations with live streaming; video streaming and lots more. It has stomped out
conventional norms, with every teenager, adult and senior owning either a
laptop or PC today. News can also be viewed via satellite with reporters
covering events on site and sending it via the Internet to broadcasting news networks.
Its an amalgamation of uses, that is above all user friendly and hi-tech. Using
radio waves and frequency, not to mention satellite transmissions – we are able
to access a whole new domain when it comes down to getting what we want and
need within minutes. The Internet revolution has made it easier for people to
get in touch, fuel business, make profits, shop and access free information
from any Internet
access enabled device. It is truly a technology that speaks for itself.
Media
Copyright Infringement
What is media copyright? What do we
mean by copyright infringement and how to achieve copyright protection?
Wondering who can claim a copyright? To get your answers, read on…
What is Media Copyright?
The law of the United States has
provided a way of protection to the original works of authorship, both
published and unpublished. The literary, musical or artistic works of the
original authors are thus protected by means of copyright. The Copyright Act
authorizes the owner of the copyright to reproduce the work in copies, produce
derivatives of the original work and distribute copies of the work or to
perform or display the work in public. The owner of the work can hold these
rights exclusively or may give these rights to others. In case of a work in the
field of audio recordings, the owner of the work is authorized to perform the
work publicly by means of digital audio transmissions. In case of works in
visual art, the owner is legally given rights to attribution and integrity. The
right to claim authorship of a work, prevent use of his/her name as an author
of a work he or she did not create and to prevent distortion, modification or
destruction of his/her works, fall under the set of rights to attribution and
integrity. All the rights conferred on to the original authors of the works are
subject to certain limitations. The doctrine of a fair use of work is exempted
from the copyright law and limited uses of works are allowed upon the payment of
royalties to the owner of the copyrighted works.
Copyright Infringement, Social Media
& the C-Generation
When
thinking about a “copyright”, the first image that pops into the average
American’s head is a small “c” enclosed in a circle, a symbol representing that
someone has the rights to whatever they are reading or viewing. Although these
Americans are aware of the existence and definition of a copyright, many do not
stop to consider how that idea is changing with advancements in social media
and that in the future, such an idea may not even exist. The C-Generation has
become so experienced with social media that the distribution of large amounts
of information is becoming easier due to the progression of new technologies
such as Facebook, Twitter, and YouTube. The ability that these social
networking sites have to redistribute mass amounts of copyrighted media may end
up causing the concept of a “copyright” to become obsolete.
We
live in a world that is constantly transforming; right now, our physical world
is transforming into a digital one. This is especially apparent within what
many refer to as the “C-Generation”. The “C-Generation” is the generation of
people born after 1990, experiencing adolescence after the year 2000 (Friedrich
2). Friedrich defines these “digital natives” as “computerized,
community-oriented, always clicking”, a population trained to access social
media efficiently. These “natives” use social networking sites, such as
Twitter, Facebook, and YouTube, so regularly that they have become an integral
part of their realities, and in some cases, the sole means of communication
with others. Because the realities of this C-Generation are so digitally
centered, the infringement of copyrights becomes inevitable with the constant
flow and redistribution of information. With the changes in these new
technologies also may come a change in the traditional definition of a
copyright and thus a copyright infringement?
Copyrights
are incredibly prevalent on the Internet, specifically on social media websites
such as Twitter, YouTube, and Facebook. Although many users have to agree that
they are not violating any copyrights before they distribute any media on these
websites, this process becomes so routine that it often goes unnoticed. If a
copyright is violated on YouTube, the moderators take the video down without
punishment to the user. One of the big problems of copyright violations,
specifically in the realm of social media, is that often times, violators do
not know that they are breaking the law. Because the offense is minimized, the
offense happens much more frequently.
How
do we fix such a prevalent problem in our new, digital world? One of the
important things that need to happen is a distinction between commercial and
non-commercial use (Anassutzi). Because there are so many more violations
taking place, a systematic way of organizing and classifying these violations
may help us determine punishments rather than being overwhelmed by the many
offenses. These changes may lead to a less stringent copyright system, but also
a copyright system that is organized and systemized. Unless many changes need
take place in the regulation of copyright infringement violations, the idea of
a copyright, a copyright infringement, and perhaps personal ownership of media
may all end up dead.
Source
: www.amazon.com
The Making, Selling and Distribution of – Illegal Copies of
Movies / Music / Software / Fake & Counterfeit Merchandise.
The sale of Illegal copies or downloads of CD’s and DvD’s containing music, movies, or
software, as well as the prolific sale of fake or counterfeit goods, is
inextricably linked to organized crime, people trafficking, prostitution, drug
dealing and terrorism. Don’t become an unwitting supporter of these illicit and
often dangerous organizations. buy only from legitimate sources
Copyright infringements and piracy are not victimless crimes as many people think;
the true victims are the creators, designers, the authors, composers,
songwriters, film makers and investors. Without these individuals there would
never be anything new.
You can help
halt the spread of these felonies by reporting copyright or trade mark
violations and all acts of piracy here. You do not need to give your name or
any other identifiable details. All information supplied to us is treated
seriously with the utmost discretion and respect for your privacy.
Illegal Copying
Virtually everyone knows that it is illegal to copy
and distribute movies music and software but
the reasons why it is illegal are not so well understood. The answers lie
primarily in the way that copyright laws apply to movies, music and software.
To ensure there are proper incentives for companies and individuals to continue investing in the creation,
production, promotion and marketing of software, film and sound recordings,
international treaties and national laws grant the creators and producers of
software, film and sound recordings various rights.
These rights include
the exclusive right to commercially copy the recordings and to
distribute/import/export those copies. Depending on the country you live in,
these rights may be called copyrights, or ‘related’ or ‘neighboring’ rights.
These are separate to any rights that may subsist in the music or the lyrics
that are being recorded.
It is these rights that enable law enforcement
bodies to take criminal action against
those who copy and distribute software, movies and music without the permission
of the companies or individuals that invested in producing it. They also allow
record and film producers to take civil actions to recover compensation for
damages suffered as a result of movie and music piracy. While there are often
other laws or regulations that are broken by movie music and software pirates
(eg. tax laws, trademark laws), the rights of movie music and software
producers under copyright or related/neighboring rights laws are the
fundamental basis for the illegality of such piracy.
Piracy
The
illegal copying of music products
that have been released without permission from the copyright owner. Common
ways this is done are by copying music onto or from a cassette, CD, a hard
drive or the Internet. Pirate products are not necessarily packaged in the same
way as the original, as opposed to counterfeit products (see below);
Counterfeiting
Involves duplication of both the music product and of its
packaging. For this reason unwitting buyers
are less able to recognize counterfeit copies than is the case with some pirate
copies.
A
counterfeit is an imitation, usually
one that is made with the intent of fraudulently passing it off as genuine.
Counterfeit products are often produced with the intent to take advantage of
the established worth of the imitated product.
Forgery
Forgery is the process of making, adapting, or imitating objects,
statistics, or documents with the intent to deceive. The similar crime of fraud
is the crime of deceiving another, including through the use of objects
obtained through forgery. When we speak of forgery we usually refer to money,
paintings or documentation such as ID, diplomas or passports.
Bootlegging
Where
recordings are made of live performances
without the performers’ consent; Bootleg recordings are musical recordings that
have not been officially released by the artist or their associated management
or production companies. They may consist of demos, out takes or other studio
material, or of illicit recordings of live performances. Music
Enthusiasts
may use the term “bootleg” to differentiate these otherwise
unavailable recordings from “pirated” copies of commercially released
material, but these recordings are still protected by copyright despite their
lack of formal release, and their distribution is still against the law. The
slang term bootleg (derived from the use of the shank of a boot for the
purposes of smuggling) is often used to describe illicitly copied material.
Plagiarism
Is
theft of another person’s writings or ideas?
Generally, it occurs when someone steals expressions from another author’s
composition and makes them appear to be his own work. Plagiarism is not a legal
term; however, it is often used in lawsuits. Courts recognize acts of
plagiarism as violations of copyright law, specifically as the theft of another
creator’s intellectual property. Because copyright law allows a variety of
creative works to be registered as the property of their owners, lawsuits
alleging plagiarism can be based on the appropriation of any form of writing,
music, and visual images
They are primary concerned with:
- how things work:
- how they are made:
- what they are made of:
Identification marks
Some
persons mark articles sold with the terms “Patent Applied For” or
“Patent Pending.” These phrases have no legal effect, but only give
information that an application for patent has been filed in the Patent and
Trademark Office. The protection afforded by a patent does not start until the
actual grant of the patent.
Registered=®
Copyright = ©
Copyright infringement of
audio-visual works
Copyright
infringement of audio-visual works,
often referred to as piracy or warez, occurs when
unauthorized copies are made of music, movies and similar works. Incidence of
copyright infringement has grown dramatically since the late 1970s, as
technology has facilitated the unauthorized duplication of copyrighted works.
Unauthorized copies of original CDs, DVDs
and other media are sold for very low prices around the world.
Copyright
infringement surged in the entertainment industry after the advent of the VHS home video equipment.
Initially, unauthorized recordings were made using hand-held video cameras to
surreptitiously record movies shown at movie theaters.
Each
country has different copyright laws that apply to music and film, which can
cause legal difficulties when unauthorized works are sold digitally over the
internet, as it is not yet clear which jurisdiction the crime falls. Most found
guilty face a fine of varying degrees, although in some cases a jail sentence
can be imposed. This is most likely to occur only for people manufacturing
large quantities of unauthorized CDs/DVDs. In some countries, copyright
infringement is rarely prosecuted, either due to privacy laws taking precedence
over economic interests of copyright, overburdening of the judicial system or a
simple grey area that has not yet been resolved legally.
Not
everybody sees copyright infringement as a problem. Some see it as a natural
evolution of society in conjunction with the rise of the internet,
which fundamentally changes the way society operates. Where this article up to
this point has largely described the views of the pre-Internet media industry,
there are other views. Most of these views claim that, while copyright
infringement is bad for the pre-internet media distribution corporations, it
benefits the artists by increasing their audience past what would have normally
been expected. There is an argument for this, and studies have occasionally
shown that people who tend to download lots of music may also buy CDs of artists
they discover this way, but reactions to these studies are mixed and the
studies themselves may have been flawed in relying either on self-reporting or
using too narrow a study group.
Film
pirating groups in China
tend to be large and highly-organized. In the United States
piracy groups consist of small groups of people with smaller operations; many
illegally-copied release films are sold in flea markets.
Source:
www.ask.com, www.lawguide.com
Present scenario in Bangladesh in media sector:
The present scenario
of copyright and infringement of copyright in Bangladesh is very comprehensive.
Despite, Bangladesh has one of the most modern copyright protection laws in the
world there is frequent violation of copyright. Now a day the mode of
infringement of copyright has been changed. It is here mentionable that the
increasement of use of personal computer make fine in the theme of infringement
of copyright because the computer user easily copy the music picture from one
computer to among.
Now it is a
matter of great debate that is it harmful or not as one sense it encourages the
practice of culture and creates the opportunity enjoying many things at cheap
rate. But these types of infringement discourage the consumers to by the
original copy from the produces or published as they can collect it at a cheap
rate from their friend. Except this there is a circle who infringed the CD of
popular singer thus they exploit the producers and singers. There is no
awareness among the consumer, producers and concerned authority of the govt.
about the infringement of copyright.
Data
Table – 1
|
Album Name |
Singer Name |
Production House |
Production Cost |
Intended Profit |
Profit |
Loss for Copyright Infringement |
|
1.Shopno Tumi |
Shifique Tuhin |
Laser vision |
9 lacs |
12 lacs |
3 lacs |
9 lacs |
|
2. Porshi |
Porshi |
” |
8 lacs |
10 lacs |
6 lacs |
4 lacs |
|
3. Shadamata |
Kazi shuvo |
” |
7 lacs |
10 lacs |
3 lacs |
7 lacs |
|
4. Bolona |
Hridoy Khan |
” |
10 lacs |
15 lacs |
5 lacs |
10 lacs |
|
5. Aso na |
Arifin Rumi |
” |
8 lacs |
12 lacs |
4 lacs |
8 lacs |
Abul Bashar
(Khokon)
Manager
Laser vision
Ltd.
Hamid Plaza,
300/5/1, Sonargoan Road, (Bir Uttam CR Dutta Sarak)
Dhaka – 1205,
Phone – 8619801, Fax – 02-9676191.
E-mail- laservision@gmail.com, website- www.laservison-bd.com
Data
Table – 2
|
Album Name |
Production House |
Production Cost |
Intended Profit |
Profit |
Loss for Copyright Infringement |
|
Microsoft Excel-35 |
Al-Hera Multimedia |
1 lacs |
3 lacs |
2 lacs |
1 lacs |
|
Microsoft Powerpoint-21 |
” |
1 lacs |
5 lacs |
4 lacs |
1 lacs |
|
Microsoft Access: 21 |
” |
1 lacs |
6 lacs |
3 lacs |
3 lacs |
|
Internet |
” |
1 lacs |
4.5 lacs |
2 lacs |
2.5 lacs |
|
Bangla |
” |
1 lacs |
5 lacs |
3 lacs |
2 lacs |
Contact:
AL-HERA MULTIMEDIA
Ecs Computer City
Shop-301Level-3,
Multiplan Centre
New Elephant Road, Dhaka
|
Data Table – Natok Production Natok Production Indented Loss for |
|
Melange Mr. Salahuddin Lavlu Tel : 9334560, 8834226 E-mail : mélange@bdonline.com |
Recommendation
Though
Bangladesh has one of the most modern copyright protection (media sector) laws in the world it is a matter of great
regret that these is frequent violation of copyright.
Here given some recommendation for
prevention of infringement of copyright –
·
Proper
and effective implementation of copyright law is a must.
·
Proper
steps and effective measures to streamline and strengthen the process
administration and enforcement system of copyright.
·
Establishment
of effective copyright society.
·
Making
awareness among the produces users the harmful side of infringement of
copyright by making work shop, symposium, seminar, conference etc.
·
Creation
of anti infringement cell in the Department of police and trained them
property.
·
Treaty
with other state to prevent infringement of copyright in the state level and
making agreement copyright society of different states to get optimum benefit
from copyright.
·
Clearly
define the limitation of exceptions of copyright.
·
By
avoiding the unfair competition among the competitors.
·
Strengthening
the copyright board.
Concluding Remarks:
The Copyright
Act, 2000 of Bangladesh is a comprehensive law, the prime object of which is
‘thou shall not sale. This law is drafted and tune with international system of
protection i.e., fully compatible with the provisions of the Berne Convention
and TRIPS Agreement as well. Now as per the present law, Bangladesh has one of
the most modern copyright protection laws in the world. But unless or until
this law is not implemented properly, it will become a mere paper tiger. That
is why proper and effective implementation of the copyright law is must. It is expected that in line with the changes
of copyright law, Government of Bangladesh will take proper steps effective
measures to streamline and strengthen the process of administration and enforcement
system of copyright.