Syllabus (MASTERS OF LAW)
Course Type: DSS-102
Semester: 1
Course Code: MLLMDSSA104T
Course Title: LAW OF COPYRIGHT
(L-P-Tu): 5-0-1
Credit: 6
Practical/Theory: Theory
Course Objective: See Below
Learning Outcome: See Below
LAW OF COPYRIGHT
| Full Marks: 100 Total Credit= 6 | End Semester Exam. - 80 Internal Exam. - 20 | Course Code: No. of Hours of Teaching: 90 Hrs. |
| Course Objectives | The objectives of the Course are as under: |
| | To acquire knowledge about the historical development of the law of Copyright |
| | To gain knowledge about the contribution of various international conventions, treaties etc. on protection of copyright |
| | To develop skills of analysing various issues linked to the various modes of violation of copyright and create awareness among the students. |
| | To acquire knowledge about the remedies available on infringement of copyright |
| | To acquire knowledge about the new dimensions of copyright law involving AI |
| Learning Outcome | After the successful completion of this Course, a student is expected to learn the followings: |
| | Means of protection of copyright |
| | Infringements and remedies available for the violation of copyright |
| | Develop the skills addressing the issues linked to the copyright |
| IMPORTANT INSTRUCTIONS TO THE EXAMINEES: |
| 1 | PATTERN OF QUESTIONS: The examinees are required to answer any FOUR questions and each question carries 20 Marks. |
| 2 | The examinees must answer the questions in English and they are required to attempt the questions in their own languages as far as practicable. |
| Module/ Unit No. | Title of the Module | Lectures/ Tutorials to be delivered |
| 1 | INTRODUCTION TO COPYRIGHT LAWS | 20 |
- Meaning & History of copyright
- Philosophical basis of copyright
- Nature and Scope of copyright
- Test of Originality
- Idea- expression dichotomy
- Doctrine of merger
- Works protected under Copyright
|
| 2 | ACQUISITION OF COPYRIGHT | 10 |
- Procedure for registration of copyright
- Moral Rights and related neighbouring rights
- Assignment and licensing of rights
- Different statutory agencies under the Copyright Act and their roles
|
| 3 | OWNERSHIP AND TRANSFER OF COPYRIGHT | 15 |
- Concept of authorship and ownership in copyright law
- Concept of recording industry and issues of copyright
- Contractual framework
- Collective administration and protection of rights
- Royalty rights
- Types of rights associated with copyright- Economic rights, Moral rights
- Drafting of agreements to transfer copyright and related rights
- Collecting societies and administration of rights
- Compulsory and statutory licensing
|
| 4 | PERFORMER’S RIGHTS BROADCAST REPRODUCTION RIGHTS | 10 |
- Concept of performer’s rights- justification
- Nature and Scope of protection of performers’ rights
- Rights of personality and identity of established characters
- Bootlegging
- Broadcast reproduction rights
|
| 5 | COPYRIGHT ISSUES IN DIGITAL WORLD | 15 |
- Digital Right Management- WIPO, TRIPS, EU, USA, India
- Protection of Software
- Other issues-
- Fair use of news stories
- Issues regarding online file sharing
- Contributory copyright infringement
- Vicarious copyright infringement- Hyperlink, Software
|
| 6 | COPYRIGHT AND AI | 10 |
- “AI-assisted” work
- “AI-generated” work
- Concept of Authorship& AI- Test of originality
- Copyright protection laws and AI
|
| 7 | INFRINGEMENT AND REMEDIES | 10 |
- Modes Remedies for infringement of copyrighted works
- Fair dealing/ fair use/ permitted use – comparison of US, UK & India
- ISP liability
|
| SUGGESTED READINGS |
| Disclaimer: The latest volumes of below mentioned books are to be preferred. However the list of books is not an exhaustive one. |
| - A.S. Srivastava (ed.) Lai's Commentary on Law of Copyright, 3"1edn. 1999. Delhi Law House.
- Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access and Development, Universal Law Publishing Co. 2009
- Alan S. Guttcrman&Bentby J. Anderson - Intellectual Property
- Bibek Dcbroy (ed). - Intellectual Property Rights.
- Carlos M. Correa (Ed.). Intellectual Property and International Trade Patent Cooperation Treaty Hand Book (1995) Sweet and Maxwell.
- Catharine Colstone -Principles of Intellectual Property Law. Cavendish. London. 1999.
- Christopher Wadlow. The Law of Passing-Off (1998), Sweet and Maxwell
- Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed., 2006
- Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in Business, 2nd ed.,2001
- Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th ed. 2006
- NunoPires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer Law International 2006
- V. J. Taraporewala, The Law of Intellectual Property, Thomson Reuters 2nded, 2013
- W.R.Cornish - Intellectual property Rights. 4medn. Sweet & Maxwell. 1999.
- Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries, Oxford University Press 2001
|
Basic Features
Undergraduate degree programmes of either 3 or 4-year duration, with multiple entry and exit points and re-entry options, with appropriate certifications such as:
- UG certificate after completing 1 year (2 semesters with 40 Credits + 1 Summer course of 4 credits) of study,
- UG diploma after 2 years (4 semesters with 80 Credits + 1 Summer course of 4 credits) of study,
- Bachelor’s degree after a 3-year (6 semesters with 120 credits) programme of study,
- 4-year bachelor’s degree (Honours) after eight semesters (with 170 Credits) programme of study.
- 4-year bachelor’s degree (Honours with Research) if the student completes a rigorous research project (of 12 Credits) in their major area(s) of study in the 8th semester.
Note: The eligibility condition of doing the UG degree (Honours with Research) is- minimum75% marks to be obtained in the first six semesters.
- The students can make an exit after securing UG Certificate/ UG Diploma and are allowed to re-enter the degree programme within three years and complete the degree programme within the stipulated maximum period of seven years.