KopyCat: Know Your Rights #1

WELCOME Copy Cat Gif - by annerolfe

What is graphic art?

Artistic Work [Section 2 (c)] The Copyright Act, 1957 defines Artistic Work as a painting, a sculpture, a drawing, an engraving or a photograph, whether or not any such work possess artistic qualities; work of architecture and; and other work of artistic craftsmanship.

Who is author?

Author v.

Owner

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The Artist who creates the artistic work is the author.

Right to authorship is inalienable.

Who is owner? ● ● ●

The Artist shall be the owner of the artistic work; unless the work has been created under an employment contract; or the work has been created at the instance of another person for a valuable consideration.

Acquisition of copyright

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Acquisition of copyright is automatic and it does not require any formality.

Copyright comes into existence as soon as a work is created.

However, a certificate of registration of copyright serves as an evidence relating to ownership of copyright.

Establishing authorship of copyright

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Post the work to yourself.

E-mail the work to yourself.

Apply for copyright registration.

Protecting your copyright

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Mark all working, drawings, sketches, patterns, etc. as follows. © Year of creation, Name of copyright owner and if possible the contact details ("copyright notice").

File all such sketches, designs, scribbles, etc. in a secure place.

What are your rights?

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Copyright is the exclusive right of the Owner to do or authorize others to: Reproduce; Distribute Adapt the work in all modes, media and formats.

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Licensing of copyright

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Copyright license is a limited permission to use a particular work as explicitly stated in writing.

A copyright license agreement should state the following: - Consideration - Term - Territory - Mode, Medium, Format - Whether sub licensable - Whether assignable

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Infringement

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A copyright is infringed when any person without authorization from owner uses or exploits the copyrighted work.

A copyright is also infringed when any person makes for sale or hire or sells or lets for hire or distributes any infringing copies of the Work.

Examples of infringement

Examples of infringement

What is not an infringement?

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Fair Use - Private use, including research; - Criticism or review - Reporting of current events.

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What is not an infringement?

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The making or publishing of painting, engraving, drawing or photograph of a work of architecture or a display of work of architecture; The making or publishing of painting, drawing or painting or photograph of a sculpture or other artistic works, if such work is permanently situated in a public place.

What is not an infringement?

What to do when your work is infringed?

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Document the infringement Initiate take down proceedings (if online) Send cease and desist notice Initiate litigation

Do you have more questions?

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Email your questions to: info@kultureshop.in We will answer it in our subsequent sessions.

Q&A BARC the dog @alexanderlansang

info@kultureshop.in contact@desaipartners.com kultureshop.in desaipartners.com

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