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COPYRIGHT – COLLECTIVE PROPERTY MEETU.R LL.M – IInd Semester SLS, CUSAT. 12.03.2011.

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Presentation on theme: "COPYRIGHT – COLLECTIVE PROPERTY MEETU.R LL.M – IInd Semester SLS, CUSAT. 12.03.2011."— Presentation transcript:

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2 COPYRIGHT – COLLECTIVE PROPERTY MEETU.R LL.M – IInd Semester SLS, CUSAT. 12.03.2011

3 Three species of Property: private property,collective property and common property?

4 In a common property system, resources are governed by rules whose point is to make them available for use by all or any members of the society.

5 Collective property is a different idea: here the community as a whole determines how important resources are to be used. These determinations are made on the basis of the social interest through mechanisms of collective decision-making

6 In a private property system, property rules are organized around the idea that various contested resources are assigned to the decisional authority of particular individuals (or families or firms). The person to whom a given object is assigned (e.g., the person who found it or made it) has control over the object: it is for her to decide what should be done with it.

7 COPYRIGHT system itself envisages collective property Fair use/dealing provisions.

8 Copyright system accommodates mainly two interests – private interest of copyright owners and public interest of consumers of copyrighted works and general public.

9 Public interest : the access to copyrighted work. Fair dealing provisions. Serves the purposes of spread of information, knowledge, news, studies of present and next generation etc.

10 the words of Dr. M. K.Das, the parliamentary secretary to the minister of education, while moving the copyright bill’s recommendation in Lok Sabha. “the development of art and literature in a country does not depend alone upon the artists, but it also depends upon the public who appreciate them and who enjoy their products and also pay for them. So the people of the country have also some kind of right over the works of the artists. Copyright laws all over the world have admitted this right of the community and attempted to strike a balance between the right of the author and the right of the readers or the public. Therefore…it is also the duty of the government to see that the public are not kept away from enjoying the fruit of the labours of the artist by unnecessarily high prices.”

11 JURISPRUDENTIAL BACKING An absolute conception of property is it possible in any legal- social evaluation of property?

12 Other intellectual and moral needs for subsistence, which are necessary to sustain life, are not real needs???

13 Psychology into philosophy Does human activity need to be bribed, into displaying its initiative and inventiveness?

14 What is “necessary” or “bare subsistence”?

15 Rethinking copyright An indefinitely renewable copyright term in exchange for an open ended list of fair dealing exceptions should be introduced. There are two advantages to this formula: The formula uses traditional principles, which means re- definition rather than replacement of any of our cherished copyright principles. A better formula addressing the interests of and securing the rights of authors and the public in copyright.

16 In exchange for monetary incentives, rightholders will donate their works, including unfinished works, into a public conservancy that will monitor the dissemination of these holdings to the public.


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