Mayank Sinha
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Transcript of Mayank Sinha
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Name: MAYANK SINHA User Id- mayank19202
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1- The word performer is defined under Section 2(qq) which says that theperformer includes an acrobat, musician, singer, actor, juggler, snake-
charmer, a person delivering lecture or any other person who makes the
performance. Under Section 2(q) the world performance means any
visual or acoustic presentation made by one or more performers. ThePerformer Rights Conferred under Copyright Act are:-
a. to make sound recording or visual recordingb. to reproduce sound recording or visual recordingc. to broadcast the performanced. to communicate the performance to the public
The performer rights subsist for fifty year fifty years from the
beginning of the calendar year next following the year in which the
performance is made.
2- The infringement of Copy Rights depends upon the creativity of works,and it is numerous, i.e., literary, dramatic, musical, artistic, etc. Sec-51 of
the Act defines infringement of Copyright not specifically with respect of
each kind of creative work. According to Sec-51 copyright in a work
shall be deemed to be infringed:
a. when any person without a licence communicates, or permits profitother than the owner of the work.
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b. When any person makes for sale, distributes, exhibits in public byway of trade or imports into India any infringing copy copies of
work.
For the purpose of this section, the reproduction of literary,
dramatic or artistic work shall be deemed to be an infringed.
3- Concept of Ownership and author are vital when the question of proprietyover the copyright arises. The copyright does not protect the ideas of the
author or composer, it only protect the form in which it has been put out.
Copyright being a right of an author, artist or composer prevents other
from copying the original work which is the authors or artists creation.
According to Section-17 the author of the work is the first owner of teh
copyright in the work. The originator of an idea is not the owner of the
copyright, copyright belongs to a person who gives concrete form to theidea, i.e. writes a book or paints a picture.
4- Assignment of copyright- The owner of copyright of work has right toassign copyright to any person. Assignment is transfer of owner ship in
rights to the assignee. Assignment of the copy right may be for the whole
of the rights or for part of the rights only. Assignment of the copyrightmay be general, full term, on territorial basis or in the all combination
forms.
Licence- A licence is transfer of an interest, permission to do something
in respect of the work in a copyright. In a licence the rights are granted
are limited, the ownership rights are remained with author.
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5-Neighbouring Rights- Copyright consists not merely of the right toreproduction. It also consists of the right to works derived from the
original works; right like the right of public performance the recording
right and the broadcasting right which are as important or even more then
the right of reproduction. Such related right are termed neighbouring
rights. Chapter VIII(Broadcasters and Performers Right) of Copy
Right Act provides for neighbouring rights. Neighbouring rights grants
exclusive exploitation rights to performing artist, such as musician and
actors. The neighbouring rights are acquired by the act of performing,
recording or broadcasting similarly as copyright exists the pen leaves the
paper.