 My name is Niharika Sinkhill and today I'm going to be talking about the basics of copyright and what you should be knowing about it, especially if you're getting into the world of free software. So I'm going to first set the agenda for today. I'm going to be talking about basics of copyright first. Then I'll move on to what rights are protected by copyright. What is copyright infringement? And lastly, I'm going to discuss the terms copyright and copy left. So what is copyright? Copyright protects original works of authorship of literary and artistic works. So works covered by copyright range from books, magazines, films, choreographic notations, drawings, photographs, boat rates, sculptures, computer programs, etc. And based on these examples, one can say that copyright basically covers works falling in the ambit of literary, traumatic, artistic and musical works. So if you follow these examples, I think it would be a good time to test your knowledge. So let's get for another quiz time. The rules are simple. I'm going to show you some slides, some pictures, and you have to tell me whether these are copyrightable or not. And we could do this with a simple show of hands. Great. So my first question is, well, let's just discuss this slide first. So I'm sure most of you are aware of the show, the office, personally one of my all-time favorite shows. And if you know about this show, this gentleman here is called Michael Scott. But the question is, do you think that the name Michael Scott is copyrightable? So sure of hands for those who would say yes. And sure of hands for those who would say no. Well, that's pretty impressive because actually the right answer is no. The name Michael Scott is not copyrightable because names are not copyrighted, are not protected by copyright protection, simply because it requires some sort of originality. And well, this could in some cases be protected by a trademark, but under certain given circumstances. So the answer is no. Then do you think architectural blueprints are covered by copyrightable? Do they have some sort of copyright protection? So raise your hands if you would say yes. Super. And for no? All right. Well, the right answer is yes, because architectural blueprints are actually artistic works, and hence they are copyrightable. Then the next question is, what do you think a choreographed ballet performance is this copyrightable or not? So sure of hands for yes. Great. And for no. All right. So we see that most people would have a yes. And the right answer is also yes. Ballet performance is a choreographic work, and hence it is copyrightable. Okay. So who doesn't know Beethoven, and those are the notes from his fifth symphony. So my question is, do you think Beethoven still holds the copyright to the fifth symphony? Sure of hands for those who would say yes. Okay. I just see a half hand raised. Okay. And those of you who would say no. All right. Perfect. All right. Perfect. Actually, the right answer is no. The reason is that Beethoven is long dead, and the symphony itself is not protected as it's in the public domain. But if a performer records the symphony at their home, at a recording company, or even if it's recorded by a recording label, well, then in that case it would be protected by copyright, since it's subject to the performer's own creative work. Basically, the performer has displayed his own creativity and intellect to arrange those notes. So that would be covered by copyright, but not the fifth symphony itself. And then lastly, my final question would be, do you think that the computer programs, software computer programs are copyrightable? Sure. Hands for yes, please. Okay. And for no? Oh, nobody thinks so. All right. Well, actually, the right answer is also this. Yes. Computer programs come within the ambit of literary works, and hence are copyrightable. So I'm very pleased to learn that most of you actually understand the basics of copyright and can fairly distinguish between what is copyrightable and what's not. So let's just discuss copyright in more detail. So the first aspect is that there is actually no need for any literary or artistic merit. What is important is actually just originality. Then coming on to the idea expression dichotomy. Basically, it's a legal doctrine that says that ideas are not protected, but the implementation of those ideas, that is, the expression of those ideas are protected. And something to know, something of immense importance, is that how long does a copyright last? So basically there's this international convention called the Burn Convention. And the Burn Convention stipulates the minimum term of copyright protection, which is the life of the author plus 50 years. But in the signatory countries, there are 179 signatory countries, including EU and a bunch of other countries, and they can extend, they can offer this minimum copyright protection more than 50 years. So we see, for example, in EU it's life of the author plus 70 years. In Mexico, for example, it's life of the author plus 100 years. And if the copyright is shared by several co-authors, then it will expire 70 years after the death of the longest surviving co-author. So now you put a lot of creative effort in creating a work, so it would also be important to know as to what you're deriving out of it, and what are the rights of a copyright holder. So essentially you have economic rights and moral rights. Economic rights are basically all the financial rewards that a copyright holder can claim, and moral rights are basically the non-financial rewards that a copyright holder can claim. Now, economic rights basically include right of reproduction, that is, for instance, cover printing of books, tape recording, digital recording, and even recording of those recordings. And it can cover storage of works in computer memory on USB drives and also on cloud storage. Then you have right of performance, broadcasting, and communication to the public and making it available. And then you have rights of translation and adaption. And this cover is on demand and interactive communication over the internet as well. Then talking about moral rights, you have right of attribution and right of integrity. The right of attribution in simple terms is give credit where it's due. So if you're using someone's worth, you need to acknowledge that. And right of integrity is basically like a right of respect. So the copyright holder can actually object if a user is basically using it in a decontextualized or in a way that is prejudicial to the honor, to the literary and artistic merit of the author. And once you know about your rights, it's also important to know as to how you can exercise them and what protection is available to you under the law. So anybody using or producing your copyright protected material without the permission of the copyright holder is said to have committed the offense of copyright infringement. And the consequences can actually be grave. It can result into a lawsuit or even criminal charges. So in EU, as regards the infringement of copyright is concerned, a comprehensive level of harmonization is provided under the Information Society Directive, whereby EU member states provide for civil and criminal remedies under the national laws for copyright infringement. So let's see what these remedies are. First is the injunctive relief. So an injunction is basically a court order stating that a person should cease doing something or should do a particular act. Then you have recall or restitution of infringing goods, then unjust enrichment, any benefit derived by an unauthorized user. Then the most important aspect is damages and how that has to be calculated and this can be calculated on the basis of actual damages, loss of profits due to infringement and reasonable royalties. So sometimes you also have as a matter of rule that the losing party has to reimburse the winning party's lawyer's fees and also the court fees, but the amount of this court fees or the lawyer's fees is determined by the national laws. And well, copyright also, any infringement of copyright also can constitute criminal acts and this could be subject to maximum imprisonment of three years with a fine and if the infringement is on a large commercial scale, then it could extend up to five years with a fine. Alright, so copyright basically means that the author has exclusive right to permit others to use his or her work. And coming to the last segment of my presentation, what is copyright? It is actually based on a completely different premise. It is a general method for making a program or other work free and requiring that all modified and extended versions of the program to be free as well. So talking about software development, proprietary software developers actually use copyright to take away the freedom of the users, whereas copy left actually provides the users those freedoms. So in a sense, copy right, copy left licenses provide more transparency to the people and well, copy left also provides an incentive to the programmers and software developers to add and develop free software by only requiring, by having only one condition in place that any reproduction or redistribution of their work is subject to the same license as the original. So if you think about it, it actually reduces the copyright infringement cases and as a result they're also burdened on the courts. So in some, I would also like to give you some examples of copy left licenses. This would include GPL licenses or Creative Commons licenses which are basically applied on literary and artistic works. Well, yeah, so in conclusion, the free software has actually challenged the traditional methods of copyright management by using copyright to build more openness and to allow the reuse of the existing works. So in a sense, the free software movement is a creative process. It's enabling a creative process of appropriation through the sharing of created content and giving the right to the licensees to use a work often without any payment of any license fee. And well, on that note, thank you for your time and attention. If you have any questions, I would be glad to take them otherwise I'm always open. I'm always free to answer your questions by email as well.