A Report on the Scope of Copyright law
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
righmusical 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, 420 F. 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, 150 L. 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 excepted 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 arc 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 wants 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 infringements 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 copiesor 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 softwarebut 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 secto:
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 days 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 create the opportunity enjoying many things at cheap rate. But this type 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. Poroshi | Poroshi | ” | 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 & E-mail-18 video lesson | ” | 1 lacs | 4.5 lacs | 2 lacs | 2.5 lacs |
| Bangla Typing | ” | 1 lacs | 5 lacs | 3 lacs | 2 lacs |
Contact
AL-HERA MULTIMEDIA
Ecs Computer City
Shop-301, Level-3,
Multiplan Centre
New Elephant Road, Dhaka
| Data
Table – 3 Natok Name : Ronger Manush Production House : Melange Natok Type : Darabahik Production Cost : 50 Lacs Indented Profit : 1 Core Loss for Copyright Infringement : 50 Lacs |
| 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 slea. 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.