Finally, in Part IV we consider how the problem of cyber-attacks might be more effectively addressed, offering recommendations for both domestic and international reforms. At the domestic level, states may expand the extraterritorial reach of domestic criminal law and develop plans for the deployment of customary countermeasures in response to cyber-attacks. Yet an effective solution to this global challenge cannot be achieved by individual states acting alone.
It will require global cooperation. We therefore outline the key elements of a cyber-treaty—namely, codifying clear definitions of cyber- warfare and cyber-attack and providing guidelines for international cooperation on evidence collection and criminal prosecution—that would provide a more comprehensive and long-term solution to the emerging threat of cyber-attacks. The first challenge in evaluating how domestic and international law might be used to address cyber-attacks is to determine the nature and scope of the problem we face.
Activities in cyberspace defy many of the traditional categories and principles that govern armed conflict under the law of war. While none of these scenarios has thus far occurred, numerous cyber-incidents occur regularly.
The absence of a shared definition has made it difficult for analysts from different countries to develop coordinated policy recommendations and for governments to engage in coordinated action.
Hence the technical project of defining cyber-attack is an important first step toward addressing the growing threat posed by cyber- attacks. After describing some existing definitions, we offer a definition that effectively encompasses the activity that lies at the heart of the concerns raised by cyber-attacks. Perhaps one of the most widely cited definitions comes from government security expert Richard A.
Duncan B. Vida M. B providing recent examples of cyber-attacks. As distinct from cyber-crime. See infra Part I. See infra Part II. A for a detailed exploration of jus ad bellum as it applies to cyber-attacks. Technical experts have proposed more limited definitions. These threats have the same capacity to inflict harm on computer systems or networks, and thus any definition of cyber- attack that excludes them is necessarily incomplete.
There have been two particularly prominent government-led efforts to understand the scope of the threat posed by cyber-attacks, one by the U. Perhaps not surprisingly, they have arrived at very different understandings of the problem.
Shortly after establishing the United States Cyber Command, the Joint Chiefs of Staff published a lexicon in for military use in cyber-operations, which included the first official military definition of cyber-attack.
The intended effects of cyber attack are not necessarily limited to the targeted computer systems or data themselves—for instance, attacks on computer systems which are intended to degrade or destroy infrastructure or C2 capability. A cyber attack may use intermediate delivery vehicles including peripheral devices, electronic transmitters, embedded code, or human operators.
The activation or effect of a cyber attack may be widely separated temporally and geographically from the delivery. James E. Cartwright, Memorandum for Chiefs of the Military Servs. Alternative views of cyber-attack and cyber-warfare preceded this announcement in policy circles in the United States. Commentators fear that this definition represents an effort to justify censorship of political speech on the Internet.
In , the U. National Research Council, an independent organization in Washington, D. Owens et al. The next Subsection takes on this task. Recommended Definition In this Article, we adopt a narrow definition of cyber-attack, one meant to focus attention on the unique threat posed by cyber-technologies: A cyber-attack consists of any action taken to undermine the functions of a computer network for a political or national security purpose.
This Subsection discusses each aspect of this definition to explain the reasoning behind the language and to clarify which activities it encompasses.
In this respect, this Article adopts the U. Warfare may be classified on the basis of the means of attack.
For example, warfare may be classified as kinetic conventional, physical warfare, biological warfare, chemical warfare, nuclear warfare, intelligence-based warfare, network-based warfare,33 or guerilla warfare.
Warfare may also be Measures of passive defense against cyber-attacks, such as virus scanning software or firewalls, are outside the scope of this definition. Active defense may be triggered by passive activities. For example, a routine virus scan that identifies a virus and then eliminates it switches from passive scanning to active elimination.
The U. See U. Network-based warfare is any type of warfare that utilizes networks. Note a similar distinction between intelligence-based warfare which describes the means and information warfare which describes the objective.
Examples include information warfare, psychological warfare, command and control warfare,34 electronic warfare, and economic warfare. Defining cyber-attack by objective rather than means is superior for three reasons. First, and most important, this type of definition is simply more intuitive.
Using a computer network in Nevada to operate a predator drone for a kinetic attack in Pakistan is not a cyber-attack; rather, it is technologically advanced conventional warfare.
Using a regular explosive to sever the undersea network cables that carry the information packets between continents, on the other hand, is a cyber-attack. Department of Defense, which has identified kinetic attack as a strategy in cyber-offensive operations. Warfare traditionally functions in four domains—land, air, sea, and space—each of which is addressed by one of the full-time armed services.
Cyber Command, a subdivision of the joint services Strategic Command. The Department of Defense defines command and control as [t]he exercise of authority and direction by a properly designated commander over assigned and attached forces in the accomplishment of the mission. Command and control functions are performed through an arrangement of personnel, equipment, communications, facilities, and procedures employed by a commander in planning, directing, coordinating, and controlling forces and operations in the accomplishment of the mission.
Space is difficult to assign to the Army, Navy, or Air Force, but its proper classification is outside the scope of this paper. William H. The armed services are traditionally organized by domain rather than by platform. Each service has access to whatever tools and weapons it deems necessary to control its domain: planes, boats, missiles, artillery, computer networks, and so forth. By encompassing any activity that uses cyber-technology and jeopardizes stability, a means-based understanding of cyber-warfare can be used to constrain the expression of free speech and political dissent online.
A computer network may be compromised in many different ways. In contrast, semantic attacks preserve the operating system but compromise the accuracy of the information it processes and to which it reacts.
This allows DoD to organize, train, and equip for cyberspace as we do in air, land, maritime, and space to support national security interests. See Gjelten, supra note Antolin-Jenkins, supra note 11, at Cyber-attacks need not be limited to syntactic or semantic attacks. Department of Defense computers, which occurred over several months. The alleged purpose of the prolonged security breach ranged from theft of intellectual property to unlawful surveillance of human rights activists.
The former director of the Central Intelligence Agency CIA emphasizes that cyber-espionage does not fall under the umbrella of cyber-warfare, likely because the U. Gjelten, supra note Notably, the National Research Council draws a similar line. The actor must affect the operation of the system either by damaging the operating system or by adding false, misleading, or unwelcome information.
Such activities may be criminal—as acts of corporate or political cyber-espionage—but they are not cyber-attacks. In this respect, our definition reflects a common distinction between espionage and attacks in more traditional settings. Frequently, this connection exists over the Internet, but there are also numerous closed networks, such as the secure networks employed by agencies of the U. It is important to bear in mind that computers are now everywhere.
The concept of a computer encompasses more than a simple desktop or laptop; it also includes the devices that control elevators and traffic lights, regulate pressure on water mains, and are ubiquitous in appliances such as cell phones, televisions, and even washing machines.
Any aggressive action taken by a state actor in the cyber- domain necessarily implicates national security and is therefore a cyber-attack where the action satisfies all the other elements of the definition , whether or not it rises to the level of cyber-warfare. A cyber-crime committed by a non— state actor for a political or national security purpose is a cyber-attack. First, such activities, while troubling, do not raise the same legal questions as activities that might breach public international law.
Second, a cleaner delineation between cyber-attacks that present threats to national security and purely private cyber-crime will clarify ownership of cyber-security needs among various government departments. A political or national security purpose also denotes the public nature of the cyber-attacks without limiting the definition to state actors.
This is important because, due to their low cost and the relative invulnerability of non— state actors to in-kind retribution, cyber-attacks are a particularly attractive weapon for terrorists and other non—state actors. This definition does not distinguish between state and non—state actors. Rather, it identifies a legal framework that is compatible with existing law of war and international law distinctions between non—state and state actors. Although this distinction is notable, it is not without risks.
There is always a danger that cyber-regulations may be applied against individuals using technology for legitimate political dissent, which necessarily has a political purpose. While the First Amendment protects dissent in the United States, the use of cyberspace regulations to suppress dissent is a serious possibility in The line drawn between simple cyber-crime and cyber-attack by private individuals is analogous to the line drawn between violent crime and terrorism.
See 18 U. It would not include, for example, computer-based efforts to organize political protests. The definition offered here adopts the objective-based approach taken by the U. Such a distinction is crucial to domestic and international efforts to implement cyber- security, because it more effectively tailors the legal approach to the threat posed and focuses resources on true national security threats. China has also been embroiled in cyber-conflict with private entities as well—namely, Google and Yahoo.
Since the early s, the U. Cyber-crime is a broad concept analytically distinct from cyber-attack. While, as with the concept of cyber-attack, there is no universally recognized definition of cyber-crime,64 In particular, cyber-crime is generally understood as the use of a computer-based means to commit an illegal act. As such, cyber-crime encompasses a very broad range of illicit activity. Among the priorities of the Department of Justice and FBI units addressing cyber-crime are fraudulent practices on the Internet, online piracy, storage and sharing of child pornography on a computer, and computer intrusions.
Finally, like all crimes, but unlike cyber-attacks, cyber-crimes are generally understood to be committed by individuals, not states. Such uncertainty counsels in favor of an immediate response that would be appropriate to either cyber-crime or a cyber-attack.
Most cyber-crimes do not also constitute cyber-attack or cyber-warfare, as depicted in Figure 1. An act is only a cyber-crime when a non—state actor commits an act that is criminalized under domestic or international law.
In addition, some proposed definitions are broad enough to include not only all crimes committed by means of a computer, but also any crime in any way involving a computer as a means or a target. Therefore, under our definition, while public officials may commit cyber-crimes while acting outside the scope of their authority, the actions of states, even if unlawful, are not considered to be crimes as such.
For example, an individual might commit a cyber-crime by expressing political dissent over the Internet where that dissent is illegal under domestic law. Second, a non—state actor commits an illegal act by means of a computer network—and undermines a computer network—but not for a political or national security purpose.
This, too, would constitute a cyber-crime, but not a cyber-attack or cyber-warfare. Third, a non—state actor is engaged in illicit activity using a computer or network but does not undermine the function of a computer network and does not operate with a political or national security purpose.
A person who transfers child pornography, for example, would commit a cyber-crime but not a cyber- attack, both because the actions do not undermine the function of a computer network and because he or she is not motivated by a political or national security purpose. As shown in Figure 1, just as some cyber-crimes are neither cyber-attacks nor cyber-warfare, some cyber-attacks are neither cyber-crimes nor cyber- warfare.
Two scenarios fall into this cyber-attack-only category. The first includes attacks carried out by a state actor, outside the context of an armed conflict, provided its effects do not rise to the level of an armed attack. An example is the attack by the Chinese government on the Falun Gong website in As noted above, however, any act by a state actor automatically satisfies the political or national security purpose requirement. The second cyber-attack-only scenario includes attacks by non—state actors that do not rise to the level of an armed attack and which do not constitute a cyber-crime, either because they have not been criminalized under national or international law or because they do not use computer-based means.
Practically speaking, it is unlikely for a private actor to purposefully69 undermine the function of a computer network without also violating the law, It is furthermore worth noting that a large majority of cyber-attacks would likely involve computer-based means, though such means are not necessary to cyber-attack under the definition proposed here. While cyber-activity may constitute only cyber-crime or only cyber- attack, a substantial proportion of cyber-crimes are also cyber-attacks.
The overlapping area between cyber-crime and cyber-attack seen in Figure 1 occurs when a non—state actor commits an illegal act by means of a computer network, undermines a computer network, and has a political or national security purpose.
The consequences of this act would not rise to the level of an armed attack, or the activity would also constitute cyber-warfare. Note also that a state committing this very same act would not fall within this overlap, since only a non—state actor can commit a cyber-crime. Take, for example, a hypothetical group of individuals who hacked into the U.
This instance would fall within the overlap between cyber-crimes and cyber-attacks given that a non— state actor committed the act, for a political or national security purpose, and it undermined a computer network. Cyber-warfare is distinctive among the three cyber-categories considered here in that cyber-warfare must also constitute a cyber-attack. The overlapping area between cyber-attack and cyber-warfare but not cyber-crimes in Figure 1 includes two types of attacks.
The first type includes attacks carried out by any actor in the context of an armed conflict, provided those actions could not be considered cyber-crimes, either because they do not constitute war crimes, or do not employ computer-based means, or both. The second type includes attacks carried out by a state actor, which produce effects equivalent to those of a conventional armed attack. The area of intersection between all three circles in Figure 1 includes two types of attacks carried out by a non—state actor.
First, it includes attacks in the context of an existing armed conflict that undermine the function of a computer network for a political or national security purpose, violate the criminal law for example, war crimes , and were committed by means of a computer system or network.
Second, it includes attacks that produce effects equivalent to those of a conventional armed attack, undermine the function of a computer network for a political or national security purpose, and are violations of the criminal law committed by means of a computer system or network.
As summarized in Table 1 and Figure 1, then, a cyber-attack may be carried out by state or non—state actors, must involve active conduct, must aim to undermine the function of a computer network, and must have a political or national security purpose.
Cyber-warfare, on the other hand, always meets the conditions of a cyber-attack. But not all cyber-attacks are cyber-warfare. We say more about when this condition is met in Part II below. The following examples of recent cyber-incidents—though far from exhaustive—demonstrate the variety and scope of recent cyber-attacks. They also introduce the wide-ranging challenges to regulating such attacks.
There are several other recent examples of such attacks—a few of which we describe here to provide a sense of the varied ways in which such attacks may be carried out.
Such attacks often cause mere inconvenience, but this one nearly had life threatening consequences—the emergency line to call for an ambulance or a fire truck was out of service for an hour. Estonia has one of the highest network saturation rates in the world. Specifically, a youth movement funded by the Russian government later claimed responsibility for the attack. Shachtman, supra note Jeffrey T. This serves to illustrate a common problem for cyber-attacks in general and DDOS attacks in particular: by enlisting unsuspecting computers from around the world, botnets spin a web of anonymity around the attacker or attackers, making accurate attribution uniquely difficult.
Planting Inaccurate Information Another form of cyber-attack is a semantic attack, in which the attacker surreptitiously inputs inaccurate information in a computer system. More sophisticated than the DDOS attack, a semantic attack causes the computer system to appear to operate normally, even as it fails. In the end, NATO forces abandoned the plan due to legal concerns about collateral damage. Israeli planes arrived undetected at their targets because of an earlier cyber-attack that compromised the Syrian air-defense system.
The exact method of attack is unknown, but Israel apparently fed false messages to the radars, causing them to show clear skies on the night of the strike. The difficulty here is in Officials anonymously leaked qualified reports of U. Eyes N. William M. POST Oct. Kelsey, supra note 73, at — Infiltrating a Secure Computer Network Once an attacker infiltrates a secure computer network she can execute a variety of actions.
Such an attack does not always destroy the computer network or the infrastructure it controls. In , shortly before the invasion of Iraq, the United States infiltrated the Iraqi Defense Ministry email system to contact Iraqi officers with instructions for a peaceful surrender. The messages apparently worked: American troops encountered abandoned military equipment arranged in accordance with the email.
These incidents demonstrate that attacks need not arrive over the Internet, but may instead involve infiltrating separate, secure networks. These networks may include not only desktops and laptops, but the ubiquitous and unseen computing systems, such as industrial control systems, that facilitate modern life. Together, these examples also illustrate the growing number of cyber- attacks and the diversity of their forms and scope that make the project of crafting a legal approach to them all the more challenging.
We do not attempt a detailed application of jus ad bellum and jus in bello to cyber-attacks, because such inquiries are intensely fact specific. Instead, we lay out the general types of cyber-attacks that would be governed For reasons explained above, cyber-espionage—stealing rather than planting information—is not included in most definitions of cyber-attack.
See supra text accompanying notes 43— We conclude that while the law of war provides useful guidelines for addressing some of the most dangerous forms of cyber- attack, the law of war framework ultimately addresses only a small slice of the full range of cyber-attacks. It is worth noting at the outset that applying the existing law of war framework to cyber-attacks is extraordinarily challenging. Nothing was further from the minds of the drafters of the Geneva Conventions than attacks carried out over a worldwide computer network.
One unanticipated challenge is how to address attacks that have little or no direct physical consequences, but that nonetheless cause real harm to national security. Nor has any state argued that cyber- attacks generally constitute a prohibited use of force.
The fact that such attacks are increasing in number and scope, however, suggests that there is a growing need for states to reach a consensus as to when a cyber-attack constitutes an armed attack or use of force. In the absence of agreement, the increase in attacks heightens the possibility that states might respond to a cyber-attack with conventional military means.
Practitioners and scholars are divided on how easily the law of war can be applied to cyber-attacks. This is not mere speculation. Others argue that the law of war as it currently stands is insufficient and in need of revision in light of cyber-attacks. Because an armed conflict has never begun solely as a result of a cyber-attack, there is no state practice on what cyber-attacks justify an armed response.
Accordingly, the legal analysis here is necessarily speculative. We turn next to applying the law of war once armed conflict has commenced, or jus in bello, to cyber-warfare. This body of law is less speculative, as there have been documented incidents of cyber-attacks in the context of an armed conflict. Even so, it is challenging to apply even widely accepted core jus in bello principles of proportionality and distinction to cyber- warfare.
These challenges illustrate the importance of commencing an international dialogue on these issues to bring clarity to existing law of war principles in this context. They also demonstrate that the law of war alone cannot address the new challenges posed by cyber-attacks. To answer this question, we proceed in three steps. First, we outline the general prohibition on the use or threat of force in international relations contained in Article 2 4 of the U.
Second, we discuss the exceptions to that prohibition for collective security operations and self- defense, paying particular attention to when a cyber-attack would justify resort to self-defense. Finally, we close by explaining the customary international law requirements of jus ad bellum necessity and proportionality and by detailing the limitations and problems of applying jus ad bellum requirements to cyber- attacks.
We conclude that states may only use defensive armed force in response to a cyber-attack if the effects of the attack are equivalent to those of a conventional armed attack.
Weaker states and some scholars have argued that Article 2 4 broadly prohibits not only the use of armed force, but also political and economic coercion. Nonetheless, the consensus is that Article 2 4 prohibits only armed force.
Stronger states may begin to favor more expansive readings of Article 2 4 that prohibit coercive activities like cyber-attacks. Charter art. See G. It is possible, however, that to the extent cyber-attacks do not constitute a use of force, they may nevertheless violate the customary international law norm of nonintervention, as discussed below. Daniel B. The principal arguments for the prevailing view are: 1 that Article 2 4 was conceived against a background of efforts to limit unilateral recourse to armed force, not economic and political coercion; 2 that the travaux preparatoires show that the San Francisco Conference rejected a proposal that would have extended Article 2 4 to include economic sanctions; and 3 that the ICJ has held that financing armed insurrection does not constitute force, indicating that other economic measures that are even less directly related to armed violence would not constitute prohibited force either.
There remains some ambiguity, however, as to the extent to which Article 2 4 prohibits nonmilitary physical force, such as flooding, forest fires, or pollution. See Waxman, supra note First, states generally do not engage in cyber-attacks openly, but rather try to hide their responsibility by camouflaging attacks through technical means93 and by perpetrating the attacks through non—state actors with ambiguous relationships to state agencies.
Second, when states acknowledge that they have been victims of cyber-attack, they and their allies tend to denounce and condemn the attacks. The first exception falls under Article 39 of the U. See Matthew J. Thomas M. COM Apr. North Atlantic Treaty, art. As noted below, however, NATO does not believe that cyber-attacks rise to the level of armed attacks justifying self defense. Indeed, in many armed conflicts, both sides claim to be acting in self-defense, and the international debates tend to focus on factual and political disputes rather than legal doctrine.
A cyber-attack must rise to the level of an armed attack for a state to respond lawfully under Article Charter and has been interpreted to be substantively narrower than them. All states possess an inherent right to self-defense, and we recognize that certain hostile acts conducted through cyberspace could compel actions under the commitments we have with our military treaty partners. Definition of Aggression, G. A, such countermeasures might include responses in cyberspace.
Scholars generally agree that there is a gap between the prohibition on the use of force and the right of self-defense. Retorsions are lawful unfriendly acts made in response to an international law violation by another state; countermeasures are acts that would be unlawful if not done in response to a prior international law violation.
GAOR, 53d Sess. See infra Part III. A for a more detailed discussion of countermeasures. Once a state has been the victim of an armed attack, a further question arises as to against whom the state can respond. Where the armed attack is perpetrated by a state, this question is easily answered—self-defense may be directed against the perpetrating state. However, cyber-attacks may be perpetrated by non—state actors or by actors with unclear affiliations with state security agencies.
See Jordan J. Rudresh Srivastava. MichaelandKaye Danao. Louise Nicole Alcoba. An exploration of the time-management behaviours of small-busines. Keziah Santos. Rivaldi Andre. Siddhesh Mahadik. Ratus Born. Bhuwnesh Sharma. More From waghmare avinash vishwanath. Popular in Intellectual Works. Anirudhreddy Safal. Priyangka John Jayaraj. Arun Rangrej. Christopher S. Sarah Burstein. Gurpreet Bhatia. Alberto Romo. Irene Elago Adoremos. None None None. Is it necessary to register a work to claim copyright?
Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. What is the procedure for registration of a work under the Copyright Act,? Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright.
However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law.
The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B. What are the guidelines regarding registration of a work under the Copyright Act? Chapter VI of the Copyright Rules, , as amended, sets out the procedure for the registration of a work. The procedure for registration is as follows:.
Application for registration is to be made on Form IV Including Statement of Particulars and Statement of Further Particulars as prescribed in the first schedule to the Rules ; Separate applications should be made for registration of each work; Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed.
The Power of Attorney signed by the party and accepted by the advocate should also be enclosed. Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically. Both published and unpublished works can be registered.
Copyright in works published before 21 st January, , i. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered.
In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee. Application for registration of copyright alongwith statement of particulars and instructions for filling up the statement of particulars are at Appendix - I.
It is protected for a limited period of time. The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the year period is counted from the date of publication.
Is there any advisory body on copyright matters? There are no special courts for copyright cases. The regular courts try these cases. There is a Copyright Board to adjudicate certain cases pertaining to copyright. The Copyright Act provides for a quasi-judicial body called the Copyright Board consisting of a Chairman and two or more, but not exceeding fourteen, other members for adjudicating certain kinds of copyright cases.
The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to:. The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely, summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavit; issuing commissions for the examination of witnesses or documents; requisitioning any public record or copy thereof from any court or office; any other matters which may be prescribed.
As per the Indian Copyright Act, a "Performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance.
What are the rights of a performer in a cinematograph film? What are the rights of a broadcasting organization? The rights of a broadcasting organization with reference to a broadcast are : right to re-broadcast the broadcast; right to cause the broadcast to be heard or seen by the public on payment of any charges; right to make any sound recording or visual recording of the broadcast; right to make any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; and right to sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.
Is copyright of foreign works protected in India? Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works. A list of such countries is at Appendix- IV. Which are the international copyright conventions of which India is a member? Copyright as provided by the Indian Copyright Act is valid only within the borders of the country.
To secure protection to Indian works in foreign countries, India has become a member of the following international conventions on copyright and neighbouring related rights:. Berne Convention for the Protection of Literary and Artistic works. Universal Copyright Convention.
What is collective administration of copyright? Collective administration of copyright is a concept where management and protection of copyright in works are undertook by a society of owners of such works. Obviously no owner of copyright in any work can keep track of all the uses others make of his work.
When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works. From this it can automatically be inferred that it will be in the interests of copyright owners to join a collective administration organisation to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations.
Users of different types of works also find it easy to obtain licences for legal exploitation of the works in question, though the collective administrative society. A copyright society is a registered collective administration society. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven.
Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licences in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act. What are the functions of a copyright society? Issue licences in respect of the rights administered by the society. Collect fees in pursuance of such licences. Distribute such fees among owners of copyright after making deductions for the administrative expenses.
Are there any registered copyright societies in India? The following are the registered copyright societies in India:. Road, Worli, Mumbai , for cinematograph and television films. Is it necessary to obtain licences from more than one society for exploitation of a work?
In many cases, it is necessary to obtain licences from more than one society. For example, playing of the sound recording of music may involve obtaining a licence from the IPRS for the public performance of the music as well as a licence from the PPL for playing the records, if these societies have the particular work in their repertoire. The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other acts in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation.
Moral rights are available to the authors even after the economic rights are assigned. Will failure to display a work infringe the moral rights of an author? Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the moral rights of the author.
Which are the common copyright infringements? The following are some of the commonly known acts involving infringement of copyright:. Making infringing copies for sale or hire or selling or letting them for hire; Permitting any place for the performance of works in public where such performance constitutes infringement of copyright; Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ; Public exhibition of infringing copies by way of trade; and Importation of infringing copies into India.
Has the owner of an auditorium or a hall any liability while renting out the place for communication to the public of a copyrighted work? If a person permits for profit any place to be used for the communication of a 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, he will be deemed to have committed an offence under the Copyright Act.
What are the civil remedies for copyright infringement? A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts. Which is the court having jurisdiction over civil remedies in copyright cases?
The District Court concerned has the jurisdiction in civil suits regarding copyright infringement. What is the proof of the authorship of a work? Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher appears on copies of the work as published, or, in the case of an artistic work appeared on the work where it was made, the person whose name so appears or appeared shall, in any proceeding in respect of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
What are the rights of owner over infringing copies and equipments used for making infringing copies? All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.
What are the remedies in the case of groundless threat to legal proceedings? Is copyright infringement a criminal offence? Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. What are the punishments for a criminal offence under the copyright law? The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs.
Is copyright infringement a cognizable offence? Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate.
How are the seized infringing copies or plates disposed off? The Court may order delivery to the owner of the copyright all such copies or plates. Who is responsible for copyright offence committed by a company? Every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against.
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under the Copyright Act. Can a police officer seize infringing goods without warrant? A police officer not below the rank of sub inspector can seize without warrant all infringing copies of the work.
In accordance with Section 45 of the Copyright Act, 14 of , I hereby apply for registration of Copyright and request you that entries may be made in the Register of Copyrights in the enclosed Statement of Particulars sent herewith in triplicate.
I also send herewith completed the Statement of Further Particulars relating to the work. For Literary, Dramatic, Musical and Artistic works only. In accordance with Rule 16 of the Copyright Rules, , I have sent by prepaid registered post copies of this letter and of the enclosed Statement s to other parties concerned, as shown below:.
Name and addresses of the parties Date of dispatch. See columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col. The prescribed fee has been paid, as per details below Communications on this subject may be addressed to: -.
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