"बौद्धिक संपत्तीच्या मालकीबद्दलचे नियम" च्या विविध आवृत्यांमधील फरक

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{{विस्तार}}
कोणतेही विचार लेखन स्वरूपात आले की प्रताधिकार लागू होतोच.
{{विकिकरण}}
त्यामुळे [[प्रताधिकार|प्रताधिकारासाठी]] वेगळी नोंदणी वगैरे करावी लागत नाही.
आंतरजालावर लेखन केले की त्यावर काळ-वेळाची मोहोरही लागलेली असते.
 
कोणतेही विचार लेखन स्वरूपात आले की प्रताधिकार लागू होतोच. त्यामुळे [[प्रताधिकार|प्रताधिकारासाठी]] वेगळी नोंदणी वगैरे करावी लागत नाही. आंतरजालावर लेखन केले की त्यावर काळ-वेळाची मोहोरही लागलेली असते.
त्यामुळे असे लेखन चोरले जाऊ शकत नाही. कारण ते सहजतेने सापडू शकते आणि चोरीला गेले आहे हे सिद्ध करता येते.
चोराचे सर्व्हर्स भारतात, [[अमेरिका|अमेरिकेत]], युरोप मध्ये किंवा आशियातील देशात असतील तर तो अधिक कायदेशीर कारवाईही होऊ शकते.
भारतीय, अमेरिकन, युरोपीय व इतरत्रही [[प्रताधिकार कायदा]] सर्व प्रकारच्या बेकायदेशीर वापराला मनाई करतो.
 
त्यामुळे असे लेखन चोरले जाऊ शकत नाही. कारण ते सहजतेने सापडू शकते आणि चोरीला गेले आहे हे सिद्ध करता येते. चोराचे सर्व्हर्स भारतात, [[अमेरिका|अमेरिकेत]], युरोप मध्ये किंवा आशियातील देशात असतील तर तो अधिक कायदेशीर कारवाईही होऊ शकते. भारतीय, अमेरिकन, युरोपीय व इतरत्रही [[प्रताधिकार कायदा]] सर्व प्रकारच्या बेकायदेशीर वापराला मनाई करतो.
==संस्थेबद्दलचे अधिकृत संकेतस्थळ==
 
== भारतीय संस्थेबद्दलचे अधिकृत संकेतस्थळ ==
*[http://copyright.gov.in/ Copyright Office]
 
[[वर्ग:कायदा]]
 
{{भाषांतर}}
{{जाणकार}}
{{संकोले}}
{{विस्तार}}
*'''The translation has not been authorised or accepted as authentic by the Government.''' Please do retain english and Marathi translated text for reference of Marathi Wikipedia readers.
*This article '''is not''' reviewed by any expert Law Professional.
*Please help updating this article in tune with current legal provisions.
 
==Limitations as per Indian Copyright act==
Certain acts not to be infringement of copyright.--
The following acts '''shall not constitute an infringement of copyright namely''':-
निम्न लिखीत गोष्टी सहसा कॉपीराईटचे उल्लंघन ठरत नसाव्यात.अर्थात अधिक माहिती जाणकारांकडून कन्फर्म करून घ्यावी.
 
==fair dealing==
*a fair dealing with a literary, dramatic, musical or artistic work not being a computer programme for the purposes of--
**private use including research;
**criticism or review, whether of that work or of any other work;
 
*aa. the '''making of copies''' or adaptation of a computer programme '''by the lawful possessor''' of a copy of such computer programme from such copy—in order to utilise the computer **programme '''for the purpose for which it was supplied'''; or
**to make '''back-up copies''' purely as a '''temporary protection''' against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;
 
fair dealing{{मराठी शब्द सुचवा}} उचित व्यवहार
*a fair dealing with a literary, dramatic, musical or artistic work not being a computer programme for the purposes of--
:संगणकप्रणाली चा अपवाद वगळता खालील उद्देश्यानी वाङमयीन,नाट्य,संगित,कलात्मक निर्मिती चा केलेला उचित् व्यवहार
**private use including research; खासगी उपयोग यात संशोधनाचासुद्धा समावेश होतो.
**criticism or review, whether of that work or of any other work; संबधीत कामाचे अथवा इतर कामाचे टिका अथवा समिक्षण
 
*aa. the '''making of copies''' or adaptation of a computer programme '''by the lawful possessor''' of a copy of such computer programme from such copy—in order to utilise the computer **programme '''for the purpose for which it was supplied'''; or
**to make '''back-up copies''' purely as a '''temporary protection''' against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;
 
==reportig current events==
**a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reportig current events—in a newspaper, magazine or similar periodical, or
by broadcast or in a cinematograph film or by means of photographs.
==purpose of a report of a judicial proceeding==
 
the reproduction of a literary, dramatic, musical or artistic work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;
== exclusively for the use of the members of that Legislature==
the reprodution or publication of a literary, dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature or, where the Legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;
==in accordance with any law for the time being in force==
the reproduction of any literary, dramatic or musical work in a certified copy made or supplied in accordance with any law for the time being in force;
==reasonable extract ==
the reading or recitation in public of any reasonable extract from a published literary or dramatic work;
 
==Education==
 
the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the publisher, of '''short passages from published literary or dramatic works''', not themselves published for the use of educational institutions, in which copyright subsists:
Provided that '''not more than two such passages from works by the same author are pulished by the same publisher during any period of five years'''.
*the reproduction of a literary, dramatic, musical or artistic work -
*by a teacher or a pupil ''in the course of instruction;'' or
**''as part of the questions'' to be answered in an examination; or
**''in answers to such questions'';
**the performance, in the course of the activities of an educational institution, of a literary, dramatic, or musical work by the staff and students of the instiution, or of a cinematography film or a record, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording.
==sound recordings ==
the making of sound recordings in respect of any literary, dramatic or musical work, if—sound recordings of that work have previously been made by, or with the licence or consent of, the owner of the copyright in the work;
the person making the sound recordings, has given a notice of his intention to make the sound recordings, has provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf:
Provided that—no alterations shall be made which have not been made previously by or with the consent of the owner of rights, or which are not resonabley necessary for the adaptation of the work for the purpose of making the sound recordings;
the sound recordings shall not be issued in any form of packaging or wtih any label which is likely to mislead or confuse the public as to their identity;
no such sound recording shall be made until the expiration of two calendar years after the end of the year in which the first recording of the work was made; and
the person making such sound recordings shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording:
Provided further that if on a complaint brought before the Copyright Board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the Copyright Board is, prima facie satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty;
the causing of a recording to be heard in public by utilising it,--
*residential premises
in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein;
*as part of the activities of a club, or similar organisation which is not established or conducted for profit;
==amateur club ,religious institution==
*the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution;
==reproduction in a newspaper==
the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author or such article has expressly reserved to himself the right of such reproduction;
==lecture delivered in public-publicaton in a newspaper==
the publicaton in a newspaper, magazine or other periodical of a report of a lecture delivered in public;
==public library==
the making of '''not more than three copies''' of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India;
the reproduction, for the '''purpose of research or private study''' or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access:
Provided that where the identity of the author of any such work, or, in the case of a work of joint authorship, or any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more that '''fifty years from the date of the death of the author''' or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who died last;
the reproduction or publication of—any matter which has been published in any Official Gazette except an Act of a Legislature;
any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
the report of any committee, commission, council, board or other like body appointed by the Legislature, unless the reproduction or publication of such report is prohibited by the Government;
any judgment or order of a Court, Tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the Court, the Tribual or other judicial authority, as the case may be;
==translation Act of a Legislature ==
the production or publication of a translation in any '''Indian language''' of an Act of a Legislature and of any rules or orders made thereunder—if no translation of such Act or rules or orders in that language has been produced or published by the Government; or
where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public:
Provided that such translation contains a statement at a prominent place to the effect that '''the translation has not been authorised or accepted as authentic by the Government'''; if the translation is not available for sale to the public:
==art==
the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;
the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or othe artistic work falling under sub-clause (iii) of clause (c) of Section 2, if such work is permanently situated in a public place or any premises to which the public has access;
the inclusion in a cinematograph film of—any artistic work permanently situated in a public place or any premises to which the public has access; or
any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film;
the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work
Provided that he does not thereby repeat or imitate the main design of the work;
[omitted by Act 38 of 1994, s. 17]
the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed:
Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans;
in relation to a literary, dramatic or musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein:
Provided that the provisions of sub-clause (ii) of clause (a), sub-cause (i) of clause (b) and clause (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgement—identifying the work by its title or other description; and
unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgemnt of his name should be made, also identifying the author.
the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character;
za. the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony of an official ceremony held by the Central Government or the State Government or any local authority.
The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself
*[http://www.naukri.com/lls/copyright/section11.htm#52]
 
== A HAND BOOK OF COPYRIGHT LAW ==
 
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
 
'''Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures,''' is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
 
for the purpose of research or private study,
for criticism or review,
for reporting current events,
in connection with judicial proceeding,
performance by an amateur club or society if the performance is given to a non-paying audience, and
the making of sound recordings of literary, dramatic or musical works under certain conditions.
==60 Years?==
works on which the copyright has expired. Per Indian copyright law (since the published works were published in India), copyright on printed matter lasts for 60 years past the author's lifetime. Audio/video recordings are protected for 60 years from the first date of publication.[http://www.powade.com/]
 
== TERM OF COPYRIGHT==
 
Is copyright protected in perpetuity?
 
No. It is protected for a limited period of time.
 
What is the term of protection of copyright?
 
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-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 60-year period is counted from the date of publication.
 
==News==
* बातम्या ही बौद्धिक संपत्ती आहे?
:* नाही. बातम्या किंवा ईतिवृत्त बौद्धिक संपत्ती मानली जात नाही. परंतु बातम्या देण्याची पद्धति किंवा मजकूर बौद्धिक संपत्ती आहे.
*[http://www.education.nic.in/htmlweb/copyright.htm]
 
==NASA Guideline to Copy Right==
Using NASA Imagery and Linking to NASA Web Sites
 
10.13.05
 
Still Images, Audio Files and Video
NASA still images, audio files and video generally are not copyrighted. You may use NASA imagery, video and audio material for educational or informational purposes, including photo collections, textbooks, public exhibits and Internet Web pages. This general permission extends to personal Web pages.
 
This general permission does not extend to use of the NASA insignia logo (the blue "meatball" insignia), the retired NASA logotype (the red "worm" logo) and the NASA seal. These images may not be used by persons who are not NASA employees or on products (including Web pages) that are not NASA sponsored.
 
If the NASA material is to be used for commercial purposes, especially including advertisements, it must not explicitly or implicitly convey NASA's endorsement of commercial goods or services. If a NASA image includes an identifiable person, using the image for commercial purposes may infringe that person's right of privacy or publicity, and permission should be obtained from the person. Any questions regarding application of any NASA image or emblem should be directed to:
 
Photo Department
NASA Headquarters
300 E St. SW
Washington, DC 20546
Tel: (202)358-1900
Fax: (202)358-4333
 
Linking to NASA Web Sites
 
NASA Web sites are not copyrighted, and may be linked to from other Web sites, including individuals' personal Web sites, without explicit permission from NASA. However, such links may not explicitly or implicitly convey NASA's endorsement of commercial goods or services.
 
NASA images may be used as graphic "hot links" to NASA Web sites, provided they are used within the guidelines above. This permission does not extend to use of the NASA insignia, the retired NASA logotype or the NASA seal.
 
Restrictions
 
Please be advised that:
 
1) NASA does not endorse or sponsor any commercial product, service, or activity.
 
2) The use of the NASA name, initials, any NASA emblems (including the NASA insignia, the NASA logo and the NASA seal) which would express or imply such endorsement or sponsorship is strictly prohibited.
 
3) Use of the NASA name or initials as an identifying symbol by organizations other than NASA (such as on foods, packaging, containers, signs, or any promotional material) is prohibited.
 
4) NASA does permit the use of the NASA logo and insignia on novelty and souvenir-type items. However, such items may be sold and manufactured only after a proposal has been submitted to and approved by a Visual Identity representative from the Public Outreach Division (Phone: 202/358-1750) in accordance with 14 CFR (Code of Federal Regulations) Part 1221. Permission is granted on a nonexclusive basis as it is not NASA's policy to grant exclusive rights to use any of the agency identities.
 
5) No approval for use is authorized by NASA when the use can be construed as an endorsement by NASA of a product, service or activity.
 
6) NASA emblems should be reproduced only from original reproduction proofs, transparencies, or computer files available from NASA Headquarters. Please be advised that approval must be granted by a Visual Identity representative from the Public Outreach Division ( Tel: 202/358-1750) before any reproduction materials can be obtained.
[http://www.nasa.gov/audience/formedia/features/MP_Photo_Guidelines.html]
 
==copyright external links==
*[http://www.esakal.com/blog/terms.html Esakal blogs]
== लेखात प्रयूक्त संज्ञा ==
===शब्दाचा विशेष संदर्भ/अर्थ छटा===
 
{| class="wikitable"
|-
|प्रयूक्त शब्द || विशेष संदर्भ/अर्थ छटा
|-
| 3 || 4
|}
 
==इंग्रजी मराठी <!--विकि--> संज्ञा==
 
{| class="wikitable"
|-
| इंग्रजी || मराठी
|-
| इंग्रजी || मराठी
|-
| इंग्रजी || मराठी
|-
| इंग्रजी || मराठी
|-
| इंग्रजी || मराठी
|-
| इंग्रजी || मराठी
|}
 
==संदर्भ==
६,५३६

संपादने