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SPEECH DELIVERED ON TEH OCCASION OF INAUGURATION OF THE WORKSHOP ON COPYRIGHT LAW ON 18.10.2003 AT MANGALORE.
It gives me immense pleasure to be here in this august gathering and to inaugurate the workshop on Copyright law organized by S. D. M. Law college, Manglore, which is run and managed by Dr. Veerendra Heggade, the Dharmadhikari of Dharamasthala. I have no words to express my sincere thanks to the organizers of this function for giving me this opportunity.
I am happy to note that SDM Law College has entered into a Memorandum of Understanding with National Law School of India University, Bangalore and successfully completed several projects assigned by the Centre for Environmental Education Research and Advocacy by conducting several workshops, seminars, symposiums, refresher course on environmental law for the benefit of law teachers, teachers of different faculties and the general public. Now it has arranged this workshop on Copyright Law with the sponsorship by the Ministry of Human Resource Development. This is really a unique meet of seekers of legal knowledge.
The delegates who are here represent different departments. The Resource persons Dr. T. Ramakrishna, Mr. Navvi Vijayashanker, Dr. P. Ishwara Bhat, Prof. N. S. Gopalakrishnan and Dr. Rathanakar Aithal, Staff of SDM law college and the cream of the student community. Many of them know much more about the subjects for discussion in this seminar and are fully aware about the subjects. They have come here to know more about the Copy-right Law and its effective enforcement.
Now-a-days, on account of globalization, it has become necessary to study and understand in addition to the local laws prevailing in India, various aspects of intellectual property covering legislations like the patents Act, the copyright Act, the Trade and Merchandise Marks Act and the Designs Act. Today Computers have come to stay in India much ahead of one's anticipation. Like others the field of law is also feeling the impact of the developments in the net. The lawyers with the need to get up-to-date information about judicial precedents and the need to look up for correct law within the minimum time possible, will find computers as an essential tool in their offices.
They newly introduced Information Technology Act, provides a great scope for lawyers and in the coming years there will be substantial case law on this subject. Press reports show that the first trial of a Web- Site creator for the alleged gross violation of Internet freedom, has already commenced in China.
Copyright violation will be an important element in the litigation based on the Information Technology Act, which has an international background. The preamable to the Act says that it is intended to provide legal recognition for transactions carried out by means of electronic data interchange referred to as 'electronic commerce' which involves the use of alternatives to paper based methods of communication and storage of information to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, the Banker's Books Evidence Act and the Reserve Bank of India Act and for matters connected therewith or incidental thereto. The background in which the Act was conceived is also given in the preamble. It is stated that General Assembly of the United Nations by resolution dated 30.1.1997 has adopted the Model law on Electronic Commerce drafted by the United Nations Commission on International Trade Law and passed a resolution that all states should give favorable consideration to the model law when they enact or revise their laws in view of the need for uniformity.
For effective implementation of the provisions of the Act, infrastructure including highly qualified investigative machinery of expertise is required. So also efficient lawyers specialized in the field. If the Indian lawyers lag behind in the matter, the consequence would the import of specially trained legal brains from abroad. That may not be beneficial to our nation. It is, therefore, necessary that we, in India, keep pace with the time and equip ourselves with the changing scenario.
Copyright law protects only the expression of the idea of the holder of the copyright and not the idea as such. In India, computers software falls under copyright law and therefore, only the expression of the idea behind the software can be protected. The problem is that the philosophy behind the internet is freedom of information and freedom to information. In other words, there is no restriction to the information available on the internet in any form; one can have access to it and use it in any manner one desires to. On the other hand, intellectual property protection is meant to give a monopolistic protection to the authors of the work. The conflict is between these two ideologies.
Considering the extent to which computer programmes and communications software are growing in market - both in size and economic value, the nature of protection to be provided becomes important. Software is easily reproducible and can be copied cheaply. It can easily be converted from one computer language to another. In the absence of devices that prevent copying, the cost of copying software packages for most systems is low. Even where direct copying is not possible, resourceful computer programmers and engineers can often innovate in the matter.
The National Commission on New Technological Uses of Copyrighted Works (CONTU) in the United States of America conducted an expert advisory study. It issued a final report in 1978. It recommended use of the copyright pattern. While copyright does not effectively prevent copiers from making a few copies (because of detection and enforcement costs), it does inhibit competing firms from reproducing work on a mass scale. Intellectual property Rights Laws, in general, has presented problems for new technologies such as computer programmes. Computer programmes have aspects of both authorship and invention. Such problems lead one to question the applicability of intellectual property Rights law altogether.
Software is not one single entity; but can be broken up into several components with varying degrees of intellectual and innovative content. Different forms of intellectual property Rights protection are appropriate for the individual components. There are certain aspect of Intellectual property law that can be and have been applied to computer programmes.
A . The use of copyright to protect against exact or near-exact copying of a programme code.
B. The use of copy right to protect certain aspects of user interfaces.
C. Trade secret software is available under licensing agreements.
D. The use of trade secret protection for source code of programmes and other internally held documents concerning programme design, etc.,
E. Patent protection for industrial process that have computer elements.
The Indian Copyright Act 1957 specifically protects computer programmes. Definitions of ‘computer’ and “Computer Programme” have been included in the Act by amendment. The Act also defines ‘communication to the public’ which may be understood in the light of the internet. The meaning of copyright with respect to computer programmes is included in section 14 of the Act. The provisions of the Act such as those relating to first owner, authors etc., also apply to computer programmes. Another provision of the Act is Sec. 40, relating to extending copyright to foreign works, which is relevant due to the increasing access to the internet in the Country.
It is important that the students of the various law colleges should have sufficient acquaintance with the cyber world. No doubt, like learning to ride a bicycle, to swim or to drive an automobile, the skill to acquire new techniques and capacity for adaptation are more during the students days in comparison with old age, though there is no age limit to learn. Students of law should have sufficient facilities to familiarize with at least the window and the net before they leave institutions like this prestigious college. The law students of this college have an opportunity to gain knowledge form very good and eminent teaching faculty, who are also giving sufficient knowledge on the subject of international importance so that they can cope with international subjects and stand with lawyers of other countries.
With the background, this Seminar assumes much importance when we look at is as I mentioned. The subjects to be dealt with in the seminar are very important, wide ranging, fast developing and of great practical relevance. Even in Courts also, come across these subjects very rarely. This Institution has given you all and to me also this unique opportunity to know more about these topic. In two sessions, discussions will be held on five topics, viz., Emerging copyright issues, Information Technology and Law, Neighboring Rights and copyrights Enforcement, Digital Technology and software and copyright Piracy and the law, in the presence of distinguished resource person who are members of the faculty of law in different universities and are authorities on the respective subjects. To may mind, for you the delegates this moment is very pleasant as it has become possible for you all to interact with the distinguished speakers who are eminent jurists and experts. This programme will give you an opportunity to raise your awareness on important legal issues. Suggestions could be made for further improvement of the justice delivery system, with special reference to information technology and copyright law. Speeches of highly talented and experienced persons, churned our of their rich past experience will certainly enable you to perform you duties with greater ease and newer outlook in future. You should grab this opportunity and get yourselves enlightened and enriched with the ideas and ideals from these eminent personalities. I am sure that the participants will make full utilization of the discussions that take place here. I hope this institution, which is known for its social commitment and has been rendering yeomen service, with the blessings and under the guidance of Revered Sri. Veerendra Heggade, will carry on its social educational activities.
I once again thank the organizers of this function and particularly brother Justice Shetty and Rev. Dr. Veerendra Heggade for giving me this opportunity to meet you all and to share a few of my thoughts at this place. I inaugurate this seminar and wish this seminar every success.
Jai Hind, Jai Karnataka
