MOOCs on Information Handling Skills

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Management of Copyrights
for Academics
R.Kalpana Sastry
Former Joint Director, ICAR-NAARM

ICAR- National Agricultural Higher Education Project on NKMC4AER

Professor Jayashankar Telangana State Agricultural University, Hyderabad
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Flow in this Session

MOOCs on Information Handling Skills
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• Discuss Intellectual Property w.r.t Copyright

laws
• Understand about Copyright Infringement
and Plagiarism
• Remedies in Law
• Dealing with Plagiarism
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IP Laws in India
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• The Copyright Act of 1914

• 1957,The Copyright (Amendment) 1984,
• The Copyright (Amendment) 1999
• Trademark Act,1999
• The Indian Patent Act,1970
• 1999;2002;2005
• The Geographical Indications (Registration and Protection) Act, 1999
(48 of 1999)
• The Design Act,2001
• Protection of Plant Varieties and Farmers Act,2001
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Copyrights
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• IP protecting creativity and ingenuity

• Protection to all forms of publication
• Not limited to merely printed publications

• Protects expression of ideas

• differs from patent as latter protects the idea itself

Content
Creativity protected • Literary works,
• Unpublished material like maps
– Choice, arrangement of words, databases, technical drawings
musical notes, colors, shapes • Software
• Oral (in some countries)
– Also auxiliaries • But not public material like news,
– Owner’s exclusive rights from original cases list etc.,.
copying subject to ‘fair use’ • Also dramatic works, musical
works, artistic works,
cinematograph films and
sound recordings
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In other words
MOOCs on Information Handling Skills
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• Copyright protects original works of authorship

• fixed in any tangible medium of expression, now known or later developed, from
which they can be perceived, reproduced, or otherwise communicated, either
directly or with the aid of a machine or device.
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Term of Copyright
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 Literary
lifetime of the author + sixty yearsfrom the
 dramatic,
beginning of the calendar year next
 musical and
following the year in which the author dies.
 artistic works
•Anonymous and pseudonymous
works
•Posthumous work
•Cinematograph films until sixty yearsfrom the beginning of the
•Sound records calendar years next following the year in
•Government work which the work is first published
•Public undertakings
•International Agencies
•photographs
Copyrights of works of the countries mentioned in the International Copyright Order are protected in
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Statutory Office
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• Section 9 of the Copyright Act requires for establishment of an

office
• Copyright Office
• This is under the immediate control of a Registrar of Copyrights
appointed by the Central Government,
• The Copyright Office is currently located at
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110078

Source: http://copyright.gov.in/
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Lets’ now understand about

Copyright Infringement
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Infringement
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Copyright in a work shall be deemed to be infringed [Sec 51]—

(a)when any person, without a licence granted by the owner of the
copyright or the Registrar of Copyrights under this Act
(b) or in contravention of the conditions of a licence so granted or of any
condition imposed by a competent authority under this Act—
(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or

(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of
the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an
infringement of copyright; or
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Infringement [contd]
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(b) when any person—

(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
( ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the
copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports into India, any infringing copies of the work: Provided that nothing in sub-clause
(iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.

Explanation.— For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a
cinematograph film shall be deemed to be an “infringing copy”.
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Exceptions- for Infringement
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• The Copyright Act, 1957 provides for certain exceptions to infringement of

copyright, [vide Section 52]

• The provision permits limited use of copyright material without the owner’s
authorization
These include :
a ‘fair dealing’ with any work, not being a computer programme, for the
purposes of—
(i) private or personal use, including research;
(ii) criticism or review, whether of that work or of any other work;
(iii) the reporting of current events and current affairs, including the reporting of a lecture
delivered in public
Source http://copyright.gov.in/Exceptions.aspx
MOOCs on Information Handling Skills
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The Remedies in Law

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Remedies
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• Three kinds of remedies provided in law

• Administrative remedies
• provided under the statute include detention of the infringing goods by the customs
authorities
• Civil remedies
• provided under Chapter XII of the Copyright Act 1957 and the remedies provided
include injunctions, damages and account of profits
• Criminal remedies
• The provided under Chapter XIII of the statute and the remedies provided against
copyright infringement include imprisonment (up to 3 years) along with a fine (up to
200,000 Rupees)
MOOCs on Information Handling Skills
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Dealing with Plagiarism

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Plagiarism vs Copyright Infringement

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• Differ conceptually
• Copyright infringement is a violation of the rights of a
copyright holder, when material restricted by copyright is
used without consent
• Plagiarism is practice of taking someone else's work or
ideas and passing them off as one's own
• Impacts moral rights
• Is Unethical, unprofessional
• Amounts to academic dishonesty
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Types and Curbing

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• Wide Range of acts of plagiarism

• Can Deliberate to Accidental
• Institutional Policies are mandatory
• Most HE institutions adopting policies for curbing, checking etc
• UGC Regulations, 2018
• Use of Software to check before submission of dissertations, reports, papers
etc.
• Sensitization of Faculty and Library Professionals needed
• Will help in inculcating change in mindset and discourage
plagiarism in organizations
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Avoiding Plagiarism
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• Make a Rule Book

• Try to use own words, ideas
• When using others material give credit
• for copied, adapted or even paraphrased material.
• Avoid using others work with minor changes.
• Learn to cite and give attribution to others’ work
• Practice the above in right earnest as a habit
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Bibliography
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1. http://copyright.gov.in
2. http://copyright.gov.in/Exceptions.aspx
3. http://www.ipindia.nic.in
4. https://www.ugc.ac.in/pdfnews/7771545_academic-integrity-Regulation2018.pdf
5. https://www.wipo.int/export/sites/www/dcea/en/meetings/2012/albania/nationalworkshop
_for_judges_on_enforcement/files/Remedies.pdf