ankushkool
Youngling
As digit is givin it 4 free on their DVD is it possible 4 someone 2 upload de PDF's.
Thanks
Thanks
As digit is givin it 4 free on their DVD is it possible 4 someone 2 upload de PDF's.
Thanks
The copyright laws will pwn your technicals. Though you are correct in the part that copyright provisions are relaxed for education/study/research, they, by no means, allow anybody to procure an illegal copy of the copyrighted Work.technically speaking if the owner has paid for the digit dvd and then if the owner then; wants to give it to someone else for the use of study or research, its not illegal.
The copyright laws will pwn your technicals. Though you are correct in the part that copyright provisions are relaxed for education/study/research, they, by no means, allow anybody to procure an illegal copy of the copyrighted Work.
52. Certain acts not to be infringement of copyright. -(1) The following acts shall not constitute
an infringement of copyright, namely:
(a) a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme] for the purposes of-
(i) private use, including research;
(ii) 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-
(i) in order to utilise the computer programme for the purposes for which it was supplied; or
(ii) 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;"
(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available;
(ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;
(ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use; ;
(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events-
(i) in a newspaper, magazine or similar periodical, or
(ii) by [broadcast] or in a cinematograph film or by means of photographs.
[Explanation.- The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause;
so what now is it legal???
hich in para 52(b)(i) brings out the fact. Fast track or the Digit magazine can be considered a literary work of non fiction(current event) and thus distributing the copy (which has been made orignally by Digit itself) cannot be considered an act of infringement of ICA as long as one is not distributing it for comercial interest(this will make it a "fair dealing".)
The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause
Again read the first line which is "a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme] for the purposes of-"Also to an extent 52(a)(ad) can come to one's support for sharing with the friends.
Digit is a registered publication. So one must look under which category it is registered2. How r u going to prove that the Digit magazine does not fall under the category of
"............literary, dramatic, musical or artistic work for the purpose of reporting current events-
(i) in a newspaper, magazine or similar periodical, or......."
So according to this, I can make 1000 xerox copies of digit and distribute it to people for free. Because I am not making money, I am doing it legally. Is that what you mean?I could not find out though what "fair dealing" will include but as long as it is not for the individuals monetary/commercial interests it cant be considered illegal.
Digit is a registered publication. So one must look under which category it is registered
So according to this, I can make 1000 xerox copies of digit and distribute it to people for free. Because I am not making money, I am doing it legally. Is that what you mean?
Effect of use of the work on the original: If the copy of the work affects the original, it amounts to infringement. The fair dealing must not lead to competition.
In the case of Kartar Singh Giani v. Ladha Singh, AIR 1934 Lah. 777, the court held that:
two points have been urged in connection with the meaning of the expression fair, in fair dealing (1) that in order to constitute unfairness there must be an intention to compete and to derive profit from such competition and (2) that unless the motive of the infringer were unfair in the sense of being improper or oblique the dealing would be fair.
1. Nothing has been changed by me, and, is exactly the same as given in the copyright act(U r doubt, ....... Did u copy a different exception....).
Explanation to what? To one of the above points? The explanation shown is an actual exception. Not the explanation of the above sections. Please paste the source for the info given.[Explanation.- The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause;
2. How r u going to prove that the Digit magazine does not fall under the category of
"............literary, dramatic, musical or artistic work for the purpose of reporting current events-
(i) in a newspaper, magazine or similar periodical, or......."
Unless proved, the law does not stop anyone from distributing it.
a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events in a newspaper, magazine or similar periodical, or...
Unless proved, the law does not stop anyone from distributing it.
3. As u brought out that all the text books will be available in the market then... is not correct coz they are not "magazine", here the keyword is magazine and the current events.
a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events in a newspaper, magazine or similar periodical, or...
4. I could not find out though what "fair dealing" will include but as long as it is not for the individuals monetary/commercial interests it cant be considered illegal.
By all means i am not supporting any kind of loss to any publishing house but just bringing out the point what the law says.
The law always finds the Intention, if the intention is to harm the sales of a magazine in the market; the magazine will take action, be rest assured.
Fair dealing is an enumerated set of possible defenses against an action for infringement of an exclusive right of copyright. These include the rights granted by copyright laws to reproduce limited portions of copyrighted works without infringing the legitimate interest of the authors or copyright owners. It is a legal doctrine that allows the public to make limited use of copyrighted work without permission.
Enough said?It was held that since the defendant's book was not a criticism or review, none of the exceptions under Section 52 could be attracted and that as such the defendant's act amounted to copyright infringement.
If this guy purcahsed the disc with PDFs and his disc has gone bad, giving the PDFs to him would not be illegal. Give him the PDF if he can give a proof that he purchased the disc with pdfs and disc has gone bad.
now the avtaar of kumarmohit reminds me of all the comicx which are rented just to make money... the copyright is being infringed and that too for commercial interests!!! Still no comic publication is ever fighting for this cause.