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Current Scenario of IPR with Reference to Copyright on Information Services in India: A Study

Respected Sir /Madam,

I am a student from Indira Gandhi National Open University doing my MLIS (Master’s Degree in Library and Information Science), as per the project requirement we are conducting a survey on “Current Scenario of Intellectual Property Rights with Reference to Copyright on Information Services in India –A Study”. In this connection I have designed a questionnaire to get responses on Copyright on Information Services in India.

I request you to kindly spare some of your valuable time in filling up this questionnaire. Answers will be kept confidential and will be used for the purpose of research only. In case you are uncomfortable with any question you can move to the next question. Please be honest and make the survey successful.

Thanking you,

Your’s sincerely,

Hari Datt Pandey

Panacea Biotec Ltd. (R&D Library)

Ambala – Chandigarh Highway, P.O. Lalru

Distt. S.A.S. Nagar Mohali (Punjab)

Pin Code : 140 501

Mobile No. : 099143 28895

FOR PROFESSIONALS
ANNEXURE- I

As part of my curriculum, I am gathering data on the topic of fair dealing in copyright. The questions are directed towards getting first hand information about issues related to the topic.
I sincerely request the expert’s panel to respond to this questionnaire to enable me to put together this research. Thanks in advance.

QUESTIONNAIRE

Please provide us with the following Information.
Name:
Designation:
Name of Organization:
Gender: M F

1. Age group do you belong.
18-30 Years 31-40 Years

41-50 Years 51-60 Years

2. Education level do you belong.
Doctoral Post Graduate

Graduate Less than Graduate

3. Exposure to print Industry / copyright issues.
Yes No

4. ‘Fair use’ is a term most relevant to Copyright
Yes No

5. Copyright comes under Ministry of Human Resource Development.
Yes No

6. WIPO stands for World Intellectual Property Organisation.
Yes No

7. BERN CONVENTION (1886) is concerned with Copyright.

Yes No

8. The duration of protection for literary, dramatic, musical and artistic works is Life of the author plus 60 years.
Yes No

9. Whether intellectual property / copyrights can be sold or not.
Yes No
10. In the case of a dramatic work, copyright means the exclusive right to reproduce the work.
Yes No

11. In the case of an artistic work, copyright means the exclusive right to reproduce the work.
Yes

12. In the case of a cinematograph film, copyright means the exclusive right to sell or give on hire or offer for sale or hire a copy of the film.
Yes No

13. After the term of copyright expires the copyright work may be licensed.
Yes No

14. What in your opinion is the proficiency level of professionals involved in litigation pertaining to fair dealing in copyright (proficient - Most of them are experts in Intellectual Property Law).
Yes No

15. All e-mail your write are copyrighted.
Yes No

16. May I make a backup copy of a video and store it in the library is it permissible?
Yes No

17. Non- publically performed work is not the right of the copyright holders.
Yes No

18. You can “Copyright a name” or anything short likes that, such as almost all titles.
Yes No

19. for Education purpose copying multiple charts, Graphs, diagrams, pictures from books and cartoons is allowed.
Yes No

20. Personal viewing of copyrighted video is fair use.
Yes No

21. Software is protected by copyright.
Yes No

22. Basically, copyright law was created in this country to protect individuals and companies from having their work ripped off.
Yes No

23. The owner of the local Blockbuster Video store supports the school by donating one videotape rental-free to the school every Friday. The video is shown in the multi-purpose room to reward students with perfect attendance that week. It does improve attendance. This falls under “fair use”.
Yes No

24. Purchasing a computer program is the same as licensing it.
Yes No

25. An elementary teacher loves the cartoon demonstration of fractions in the TV program Math works. He copies the entire program for every teacher in the school. This is fair use.
Yes No

26. An elementary teacher loves the cartoon demonstration of fractions in the TV program Math works. He copies the entire program for every teacher in the school. This is fair use?
Yes No

27. A school purchases a typing tutorial program and houses it in the library. It is checked out to students to take home. By enforced policy, the homes erase the program at the end of the two week checkout period. Is it Permissible?
Yes No

28. The teacher of the winning multimedia project mentioned above shows it at an art conference for educators. It cost $50 to attend the conference and the teacher is awarded free attendance because he is a presenter. This is fair use.
Yes No

29. A health teacher tapes a Seinfeld episode on personal hygiene for use the following week in class. The local television station denies permission when asked and states this is a violation of copyright law. They are correct.
Yes No

30. A high school sells a student video yearbook made by volunteers for $25 to raise money for equipment for the school. They use popular music clips. The money all goes to the school. The songs are fully listed in the credits, is it Fair use?
Yes No

31. A school can only afford one copy of KidPix. It loads this onto the library computer and all students and all classes have access to it all day. The teachers copy and install KidPix Player on their classroom computers to evaluate the student work. This is permissible.
Yes No

32. a classroom on the Internet pays for only one Internet account to Ask Me Things, dot com. The teacher lets every student use it. This is permissible.
Yes No

33. A professor at a University campus copies an expensive software program for every student in class to use. If taken to court by the copyright holder, the university will certainly lose.
Yes No

34. Do you feel that the ‘Fair Use’ doctrine in Copyright law needs improvement?
Yes No if yes give suggestions.

35. Do you think there is adequate awareness amongst copyright owners/users of copyrighted works about the ‘fair use’ doctrine in India?

Yes No if No how can we improve.

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Dear Sri Hari Dutt Pande

Please see the attached questionnaire.

However, I have kept a few items unanswered as the replies are so CONDITIONAL that a simply YES or NO will not do justice to them. There is every possibility that they are perceived (by me) to be so because of my own limitation of knowledge!!

I appreciate your selection of the topic. It is quite befitting for a Library professional in a cutting edge R&D establishment.

Sincerely,

Siddhartha S. Ray, Calcutta

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