INDIAN LIBRARY ASSOCIATION

INDIAN LIBRARY ASSOCIATION
Founded 1933

Registered under the Societies Registration Act (XXI of I860)

Indian Library Association

A 40-41 Flat No. 201 Ansal Building

Dr. Mukherjee Nagar, Delhi 110009

India

The Indian Library Association is a premier association committed to the cause of Library Movement and Development.

The Indian Library Association is the national association which represents those who work in or advocate for Indian libraries. ILA members work in college, university, public, special (corporate, non-profit and government) and school libraries.

ILA has provided a wide variety of services and programs to its members and others in the library community since its formation in 1933. ILA’s Executive Council and its divisions are advised by others groups and committees.

The year 1933 happens to be the most significant year in the history of Library & Information Science in India. It was September 13, 1933 when Indian Library Association was formally formed at the First All India Library Conference at Calcutta

Objectives:

These members gave the Association three fold objectives which included:

(a) the furtherance of the library movement in India;

(b) the promotion of the training of librarians; and

(c) the improvement of the status of librarians.

In 1935 two more objectives were added:

(a)   promotion of research in library science; and

(b)    co-operation with international organizations with similar objectives.


The 1970 amendment to the constitution added following four more objectives:

(a)   publication of bulletins, periodicals, books etc., which tend to the realization of the objects of the association;

(b)   establishment of libraries, documentation & information centres and assistance to their establishment and working;

(c)   promotion of appropriate library legislation in India; and

(d)   to do all such other things as are incidental of above mentioned objects.


The amendment dated January 4, 1987 in the constitution has added three more objectives namely:

(i)   providing a common forum to all persons engaged or interested in library and information work by holding conferences and meetings for discussion of professional, technical and organisational issues;

(ii) accreditation of institutions imparting library and information science education and training; and

(iii) promotion as well as formulation of standards, norms, guidelines, etc. for management of Library and Information Systems and Services.

Office :

For initial 12 years the office of ILA was housed in the Imperial Library at Calcutta. It was shifted to Delhi in 1946 and remained there till September 1953 in the University of Delhi and thereafter it shifted back to Calcutta. In August 1964 the office moved to Delhi again and was housed in Delhi Public Library. An extra-ordinary General Body Meeting held on May 24,1970 made a change in the constitution to make Delhi/New Delhi as the permanent headquarter of the Association. Now the office of the Association is housed in its own one room flat located in a commercial building in north Delhi which was purchased way back in 1978. The office was finally moved to the present building in April, 1982.

FIVE LAWS OF LIBRARY SCIENCE

Dr. Shiyali Ramamrita Ranganathan (1892–1972) of India was an inventor, educator, librarian, and a philosopher. His early education was of a mathematics background. Using this systematic way of thinking, he later applied this to his work in library science. His most notably work was on library classification and administration (Indian Statistical Institute Library, et al. 2007). He went abroad to study librarianship at the University College of London, working under W.C. Berwick Sayers.

He was a university librarian and professor of library science at Benares Hindu University (1945–47) and professor of library science at the University of Delhi (1947–55). The last appointment made him director of the first Indian school of librarianship to offer higher degrees. He was president of the Indian Library Association from 1944–53. In 1957 he was elected an honorary member of the Federation Internationale de Documentation(FID) and was made a vice president for life of the Library Association of Great Britain (Hutchinson Encyclopedia of Biography, 2000).

Ranganathan made fundamental contributions to world library and information profession.

These laws are:

  1. Books are for use.
  2. Every reader his [or her] book.
  3. Every book its reader.
  4. Save the time of the reader.
  5. The library is a growing organism.

The Five Laws of Library Science are some of the most influential concepts in the field of library science. According to Rubin (2004) since they were published in 1931, these five laws “have remained a centerpiece of professional values…” In fact, these basic theories of Library Science continue to directly affect the development of this discipline and the service of all libraries.

 Overview

 First law: Books are for use

The first law constitutes the basis for the library services. Ranganathan observed that books were often chained to prevent their removal and that the emphasis was on storage and preservation rather than use. He did not reject the notion that preservation and storage were important, but he asserted that the purpose of such activities was to promote the use of them. Without the use of materials, there is little value in the item. By emphasizing use, Ranganathan refocused the attention of the field to access-related issues, such as the library’s location, loan policies, hours and days of operation, as well as such mundanities as library furniture and the quality of staffing (Rubin, 2004).

 Second Law: Every reader his or her book

This law suggests that every member of the community should be able to obtain materials needed. Ranganathan felt that all individuals from all social environments were entitled to library service, and that the basis of library use was education, to which all were entitled. These entitlements were not without some important obligations for both libraries/librarians and library patrons. Librarians should have excellent first-hand knowledge of the people to be served. Collections should meet the special interests of the community, and libraries should promote and advertise their services extensively to attract a wide range of users (Rubin, 2004).

Third Law: Every book its reader

This principle is closely related to the second law but it focuses on the item itself, suggesting that each item in a library has an individual or individuals who would find that item useful. Ranganathan argued that the library could devise many methods to ensure that each item finds it appropriate reader. One method involved the basic rules for access to the collection, most notably the need for open shelving (Rubin, 2004).

Fourth Law: Save the time of the reader

This law is a recognition that part of the excellence of library service is its ability to meet the needs of the library user efficiently. To this end, Ranganathan recommended the use of appropriate business methods to improve library management. He observed that centralizing the library collection in one location provided distinct advantages. He also noted that excellent staff would not only include those who possess strong reference skills, but also strong technical skills in cataloging, cross-referencing, ordering, accessioning, and the circulation of materials (Rubin, 2004).

 Fifth Law: The library is a growing organism

This law focused more on the need for internal change than on changes in the environment itself. He argued that library organizations must accommodate growth in staff, the physical collection, and patron use. This involved allowing for growth in the physical building, reading areas, shelving, and in space for the catalog (Rubin, 2004).

Notable praises

Ranganathan made a great contribution to the library profession. His legacy was a message to the profession on a global plane (Kabir, 2003). Many professionals have made notable praises about him. Below are a few:

Eugene Garfield, founder of the Institute for Scientific Information, wrote that Ranganathan is “without question one of the luminaries of library science” and has had a “revolutionary impact on international classification theory”.(Garfield, 1985).

K.G.B. Bakewell in his article in the ALA World Encyclopedia called him “one of the immortals of library science.”(Bakewell, 1986)

Michael Gorman referred to him as “the unquestioned giant of 20th-century library science”.(Gorman, 1980)

 Variants

In 1998, librarian Michael Gorman (past president of the American Library Association, 2005–2006), recommended the following laws in addition to Ranganathan’s five in his small book, “Our Singular Strengths”:

  1. Libraries serve humanity.
  2. Respect all forms by which knowledge is communicated.
  3. Use technology intelligently to enhance service.
  4. Protect free access to knowledge.
  5. Honor the past and create the future.

In 2008, librarian Carol Simpson recommended that editing be done to Ranganathan’s law due to media richness. The following were:

  1. Media are for use.
  2. Every patron his information.
  3. Every medium its user.
  4. Save the time of the patron.
  5. The library is a growing organism.

INTELLECTUAL PROPERTY

COPYRIGHTS IN INDIA

Government of India
Ministry of Human Resource Development
Department of Secondary Education and Higher Education  


I N T R O D U C T I O N

There is an acute lack of awareness on various issues relating to copyright and related rights amongst stakeholders, enforcement agencies, professional users like the scientific and academic communities and members of the public. The questions put forth by the representatives of these sections of society vary from those relating to the very fundamentals of intellectual property rights to those which relate to practical applications. The Ministry of Human Resource Development has for some time been contemplating a publication to answer such queries. In this booklet, an attempt has been made to provide clarifications on most of the issues relating to copyright law and its enforcement in a question – answer format. The language used is jargon free and user friendly.

2. I deeply appreciate the efforts put forth by Smt. P.V. Valsala G. Kutty, Deputy Secretary and Shri T.C. James, Under Secretary in bringing out this publication.

3. I hope that this handbook will prove useful to enforcement agencies and the general public.

S
Secretary to Government of India,
Department of Secondary Education and Higher Education
 

RATIONALE OF COPYRIGHT PROTECTION

What is copyright?

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. Why should copyright be protected?

Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?

Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.

To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.

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

 

 

  1.  
    1. for the purpose of research or private study,
    2. for criticism or review,
    3. for reporting current events,
    4. in connection with judicial proceeding,
    5. performance by an amateur club or society if the performance is given to a non-paying audience, and
    6. the making of sound recordings of literary, dramatic or musical works under certain conditions.

What is the scope of protection in the Copyright Act,1957 ?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.

Does copyright apply to titles and names ?

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.

WORK

What is a work?

A work means any of the following , namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording.

What is a work of joint authorship?

“Work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.

What are the classes of works for which copyrights protection is available in India?

Copyright subsists throughout India in the following classes of works:

  •  
    • Original literary, dramatic, musical and artistic works;
  •  
    • Cinematograph films; and
  •  
    • Sound recordings.

What is an artistic work?

An artistic work means-

  •  
    • a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;
  •  
    • a work of architecture; and
  •  
    • any other work of artistic craftsmanship.

What is a musical work?

“Musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection.

What is a sound recording?

“Sound recording” means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.

What is a cinematograph film?

“Cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.

What is a government work?

“Government work” means a work which is made or published by or under the direction or control of

  •  
    • the government or any department of the government
  •  
    • any legislature in India, and
  •  
    • any court, tribunal or other judicial authority in India.

What is an Indian work?

“Indian work” means a literary, dramatic or musical work,

  •  
    • the author of which is a citizen of India; or
  •  
    • which is first published in India; or
  •  
    • the author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India.

AUTHORSHIP AND OWNERSHIP

Whose rights are protected by copyright?

Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings.

Who is the first owner of copyright in a work?

Ordinarily the author is the first owner of copyright in a work.

Who is an author?

  • In the case of a musical work, the composer.
  • In the case of a cinematograph film, the producer.
  • In the case of a sound recording, the producer.
  • In the case of a photograph, the photographer.
  • In the case of a computer generated work, the person who causes the work to be created.

Who all have rights in a musical sound recording?

There are many right holders in a musical sound recording. For example, the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician (s) who performed the background music, and the person or company who produced the sound recording.

Is it necessary to obtain any licence or permission to use a musical sound recording for public performance?

A sound recording generally comprises various rights. It is necessary to obtain the licences from each and every right owner in the sound recording. This would ,inter alia, include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.

Who is the owner of copyright in a government work?

In the case of a government work, government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of copyright in the work of a public undertaking?

In the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of copyright in works by journalists during the course of their employment?

In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work.

Who is the owner of a work produced during the course of the author’s employment?

In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of the copyright in the case of a work produced for valuable consideration at the instance of another person?

In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Is copyright assignable?

Yes. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof.

What is the mode of assigning copyright?

It shall be in writing signed by the assignor or by his duly authorised agent. It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment. It shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.

Does an assignment lapse automatically?

Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.

What will be the period of assignment if not specifically stated in the assignments?

If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

What will be the territorial extent of the assignment if not specified in the assignment?

If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within the whole of India.

Can an author relinquish copyright and, if so, how?

The author of a work may relinquish all or any of the rights comprising the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights.

DIFFERENT RIGHTS

Are copyrights same for all classes of works

No. The rights vary according to the class of work.

What are the rights in the case of a literary work?

In the case of a literary work (except computer programme), copyright means the exclusive right

  • To reproduce the work
  • To issue copies of the work to the public
  • To perform the work in public
  • To communicate the work to the public.
  • To make cinematograph film or sound recording in respect of the work
  • To make any translation of the work
  • To make any adaptation of the work.

Is translation of an original work also protected by copyright?

Yes. All the rights of the original work apply to a translation also.

Are computer programmes protected under Copyright Act?

Yes. Computer programmes are protected under the Copyright Act. They are treated as literary works.

Are there any special rights in computer programmes

Yes. In addition to all the rights applicable to a literary work, owner of the copyright in a computer programme enjoys the rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.

What are the rights in a dramatic work?

In the case of a dramatic work, copyright means the exclusive right

  •  
    • To reproduce the work
    • To communicate the work to the public or perform the work in public
    • To issue copies of the work to the public
    • To include the work in any cinematograph film
    • To make any adaptation of the work
    • To make translation of the work.

What are the rights in an artistic work?

In the case of an artistic work, copyright means the exclusive right

  •  
    • To reproduce the work
    • To communicate the work to the public
    • To issue copies of the work to the public
    • To include the work in any cinematograph film
    • To make any adaptation of the work.

What are the rights in a musical work?

In the case of a musical work, copyright means the exclusive right

  •  
    • To reproduce the work
  •  
    • To issue copies of the work to the public
    • To perform the work in public
    • To communicate the work to the public
    • To make cinematograph film or sound recording in respect of the work
    • To make any translation of the work
    • To make any adaptation of the work.

What are the rights in a cinematograph film?

In the case of a cinematograph film, copyright means the exclusive right

  •  
    • To make a copy of the film including a photograph of any image forming part thereof
    • To sell or give on hire or offer for sale or hire a copy of the film
    • To communicate the cinematograph film to the public.

What are the rights in a sound recording?

  •  
    • To sell or give on hire, or offer for sale or hire, any copy of the sound recording
    • To communicate the sound recording to the public.

What is the right of reproduction?

The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.

What is the right of communication to the public?

Communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion. It is not necessary that any member of the public actually sees, hears or otherwise enjoys the work so made available. For example, a cable operator may transmit a cinematograph film, which no member of the public may see. Still it is a communication to the public. The fact that the work in question is accessible to the public is enough to say that the work is communicated to the public.

What is an adaptation?

Adaptation involves the preparation of a new work in the same or different form based upon an already existing work. The Copyright Act defines the following acts as adaptations:

  1.  
    1. Conversion of a dramatic work into a non dramatic work
    2. Conversion of a literary or artistic work into a dramatic work
    3. Re-arrangement of a literary or dramatic work
    4. Depiction in a comic form or through pictures of a literary or dramatic work
    5. Transcription of a musical work or any act involving re-arrangement or alteration of an existing work.

The making of a cinematograph film of a literary or dramatic or musical work is also an adaptation.

Can any person translate a work without the permission of the owner of the copyright in the work?

No. A person cannot translate a work enjoying copyright without the permission of the copyright owner.

Is there any copyright over news?

No. There is no copyright over news. However, there is copyright over the way in which a news item is reported.

REGISTRATION OF COPYRIGHT

No. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.

What is the procedure for registration of a work under the Copyright Act,1957?

Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law. The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003, Tel: 338 4387

What are the guidelines regarding registration of a work under the Copyright Act?

Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorised dealers on payment. The procedure for registration is as follows:

  1. Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
  2. Separate applications should be made for registration of each work;
  3. Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and
  4. The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.

When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.

Application for registration of copyright alongwith statement of particulars and instructions for filling up the statement of particulars are at Appendix – I.

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.

ADMINISTRATION OF COPYRIGHT LAW

Is there any advisory body on copyright matters?

Yes. The government has set up a Copyright Enforcement Advisory Council (CEAC). The present composition of the CEAC is at Appendix- II.

Are there special courts for copyright?

No. There are no special courts for copyright cases. The regular courts try these cases. There is a Copyright Board to adjudicate certain cases pertaining to copyright.

What are the powers of Copyright Board?

The Copyright Act provides for a quasi-judicial body called the Copyright Board consisting of a Chairman and two or more, but not exceeding fourteen, other members for adjudicating certain kinds of copyright cases. The Chairman of the Board is of the level of a judge of a High Court. The Board has the power to:

  1.  
    1. hear appeals against the orders of the Registrar of Copyright;
    2. hear applications for rectification of entries in the Register of Copyrights;
    3. adjudicate upon disputes on assignment of copyright;
    4. grant compulsory licences to publish or republish works (in certain circumstances);
    5. grant compulsory licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work;
    6. hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country;
    7. fix rates of royalties in respect of sound recordings under the cover-version provision; and
    8. fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work.

The present composition of the Board is at Appendix – III.

Has the Registrar of Copyrights any judicial powers?

Yes. The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the following matters, namely,

  1. summoning and enforcing the attendance of any person and examining him on oath;
  2. requiring the discovery and production of any document;
  3. receiving evidence on affidavit;
  4. issuing commissions for the examination of witnesses or documents;
  5. requisitioning any public record or copy thereof from any court or office;
  6. any other matters which may be prescribed.

PERFORMER’S RIGHTS

Who is a performer?

As per the Indian Copyright Act, a “Performer” includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance.

What is a performance?

“Performance” in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers.

What are the rights of a performer?

A performer has the following rights in his/her performance:

  • Right to make a sound recording or visual recording of the performance;
  • Right to reproduce the sound recording or visual recording of the performance;
  • Right to broadcast the performance;
  • Right to communicate the performance to the public otherwise than by broadcast.

What is the term of protection of performer’s rights?

Performer’s rights subsist for 25 years.

What are the rights of a performer in a cinematograph film?

Once a performer has consented for incorporation of his performance in a cinematograph film, he shall have no more performer’s rights to that performance.

BROADCASTER’S RIGHTS

“Broadcast” means communication to the public:

  • by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or
  • by wire.

What are the rights of a broadcasting organization?

The rights of a broadcasting organization with reference to a broadcast are :

  • right to re-broadcast the broadcast;
  • right to cause the broadcast to be heard or seen by the public on payment of any charges;
  • right to make any sound recording or visual recording of the broadcast;
  • right to make any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; and
  • right to sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.

What is the term of protection of broadcaster’s rights?

The term of protection for broadcaster’s rights is 25 years.

FOREIGN WORKS

Is copyright of foreign works protected in India?

Yes. Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.

Does copyright subsist in a foreign work?

Copyright of nationals of countries who are members of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order. A list of such countries is at Appendix- IV.

Which are the international copyright conventions of which India is a member?

Copyright as provided by the Indian Copyright Act is valid only within the borders of the country. To secure protection to Indian works in foreign countries, India has become a member of the following international conventions on copyright and neighbouring (related) rights:

  1.  
    1. Berne Convention for the Protection of Literary and Artistic works.
    2. Universal Copyright Convention.
    3. Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms.
    4. Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.
    5. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

COLLECTIVE ADMINISTRATION OF COPYRIGHTS

What is collective administration of copyright?

Collective administration of copyright is a concept where management and protection of copyright in works are undertook by a society of owners of such works. Obviously no owner of copyright in any work can keep track of all the uses others make of his work. When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works. Because of the country’s membership in international conventions, the copyright societies are able to have reciprocal agreements with similar societies in other countries for collecting royalties for the uses of Indian works in those countries. From this it can automatically be inferred that it will be in the interests of copyright owners to join a collective administration organisation to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations. Users of different types of works also find it easy to obtain licences for legal exploitation of the works in question, though the collective administrative society.

What is a copyright society?

A copyright society is a registered collective administration society. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licences in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act.

What are the functions of a copyright society?

A copyright society may:

  1.  
    1. Issue licences in respect of the rights administered by the society.
    2. Collect fees in pursuance of such licences.
    3. Distribute such fees among owners of copyright after making deductions for the administrative expenses.

Are there any registered copyright societies in India?

Yes. The following are the registered copyright societies in India:

  1.  
    1. Society for Copyright Regulation of Indian Producers for Film and Television (SCRIPT) 135 Continental Building, Dr. A.B. Road, Worli, Mumbai 400 018, (for cinematograph and television films).
    2. The Indian Performing Right Society Limited (IPRS), 208, Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri (W), Mumbai- 400 058 (for musical works).
    3. Phonographic Performance Limited (PPL) Flame Proof Equipment Building, B.39, Off New Link Road, Andheri (West), Mumbai 400 053 (for sound recordings).

Is it necessary to obtain licences from more than one society for exploitation of a work?

In many cases, it is necessary to obtain licences from more than one society. For example, playing of the sound recording of music may involve obtaining a licence from the IPRS for the public performance of the music as well as a licence from the PPL for playing the records, if these societies have the particular work in their repertoire.

MORAL RIGHTS

The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or other acts in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation. Moral rights are available to the authors even after the economic rights are assigned.

Do the author’s moral rights remain after assignment of copyright?

Yes. The moral rights are independent of the author’s copyright and remains with him even after assignment of the copyright.

Will failure to display a work infringe the moral rights of an author?

No. Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the moral rights of the author.

COPYRIGHT INFRINGEMENTS

Which are the common copyright infringements?

The following are some of the commonly known acts involving infringement of copyright:

  1.  
    1. Making infringing copies for sale or hire or selling or letting them for hire;
    2. Permitting any place for the performance of works in public where such performance constitutes infringement of copyright;
    3. Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ;
    4. Public exhibition of infringing copies by way of trade; and
    5. Importation of infringing copies into India.

Has the owner of an auditorium or a hall any liability while renting out the place for communication to the public of a copyrighted work?

Yes. If a person permits for profit any place to be used for the communication of a work to the public, where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright, he will be deemed to have committed an offence under the Copyright Act.

What are the civil remedies for copyright infringement?

A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.

Which is the court having jurisdiction over civil remedies in copyright cases?

The District Court concerned has the jurisdiction in civil suits regarding copyright infringement.

What is the proof of the authorship of a work?

Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher appears on copies of the work as published, or, in the case of an artistic work appeared on the work where it was made, the person whose name so appears or appeared shall, in any proceeding in respect of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.

What are the rights of owner over infringing copies and equipments used for making infringing copies?

All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.

What are the remedies in the case of groundless threat to legal proceedings?

Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of copyright, any person aggrieved thereby may institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit –

  1. obtain an injunction against the continuance of such threats; and
  2. recover such damages, if any, as he has sustained by reason of such threats.

Is copyright infringement a criminal offence?

Yes. Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.

What are the punishments for a criminal offence under the copyright law?

The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

Is copyright infringement a cognizable offence?

Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate.

How are the seized infringing copies or plates disposed off?

The Court may order delivery to the owner of the copyright all such copies or plates.

Who is responsible for copyright offence committed by a company?

Every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against.

Which court can try copyright offence cases?

No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under the Copyright Act.

Can a police officer seize infringing goods without warrant?

Yes. A police officer not below the rank of sub inspector can seize without warrant all infringing copies of the work.

What are the moral rights of an author?

What is a broadcast?

Is it necessary to register a work to claim copyright?

  •  
  • To make any other sound recording embodying it
  • ??

  • In the case of a literary or dramatic work the author, i.e., the person who creates the work.
  • Communication

    Communication is a process of transferring information from one entity to another. Communication processes are sign-mediated interactions between at least two agents which share a repertoire of signs and semiotic rules. Communication is commonly defined as “the imparting or interchange of thoughts, opinions, or information by speech, writing, or signs”. Although there is such a thing as one-way communication, communication can be perceived better as a two-way process in which there is an exchange and progression of thoughts, feelings or ideas (energy) towards a mutually accepted goal or direction (information).[1]

    Communication is a process whereby information is enclosed in a package and is channeled and imparted by a sender to a receiver via some medium. The receiver then decodes the message and gives the sender a feedback. All forms of communication require a sender, a message, and a receiver. Communication requires that all parties have an area of communicative commonality. There are auditory means, such as speech, song, and tone of voice, and there are nonverbal means, such as body language, sign language, paralanguage, touch, eye contact, through media, i.e., picures, graphics and sound, and writing.

    Information communication revolutions

    Over time, technology has progressed and has created new forms of and ideas about communication. The newer advances include media and communications psychology. Media psychology is an emerging field of study. These technological advances revolutionized the processes of communication. Researchers have divided how communication was transformed into three revolutionary stages:

    In the 1st Information Communication Revolution, the first written communication began, with pictographs. These writings were made on stone, which were too heavy to transfer. During this era, written communication was not mobile, but nonetheless existed.

    In the 2nd Information Communication Revolution, writing began to appear on paper, papyrus, clay, wax, etc. Common alphabets were introduced, allowing the uniformity of language across large distances. Much later the Gutenberg printing-press was invented. Gutenberg created this printing-press after a long period of time in the 15th century. In the 3rd Information Communication Revolution, information can now be transferred via controlled waves and electronic signals.

    Communication is thus a process by which meaning is assigned and conveyed in an attempt to create shared understanding. This process requires a vast repertoire of skills in intrapersonal and interpersonal processing, listening, observing, speaking, questioning, analyzing, and evaluating. It is through communication that collaboration and cooperation occur.[2]

    There are also many common barriers to successful communication, two of which are message overload (when a person receives too many messages at the same time), and message complexity.[3] Communication is a continuous process. The psychology of media communications is an emerging area of increasing attention and study.

     Types of communication

    Albert Mehrabian (UCLA, 1967)[4] identified three major parts that convey meaning in human face to face communication: body language, voice tonality, and words. He conducted research to determine how people make meaning when a speaker says one thing but means another. If the speaker is sending a mixed message the listener will rely on the following cues to determine true meaning:[5]

    • 55% of impact is determined by body language—postures, gestures, and eye contact,
    • 38% by the tone of voice, and
    • 7% by the content or the words spoken.

    Mehrabian says this only applies in situations where the speaker is talking about feelings or attitudes.

    Although the exact percentage of influence may differ due to variables such as the perceptions or biases of the listener and the speaker, communication as a whole is meant to convey meaning and thus, in some cases, can be universal. A system of signals, such as voice sounds, intonations or pitch, gestures or written symbols can communicate thoughts or feelings. If a language employs communicating with signals, voice, sounds, gestures, or written symbols, can animal communications be considered to be a language? Animals do not have a written form of a language, but use a language to communicate with each another. In that sense, animal communication can be considered as a separate language.

    Human spoken and written languages can be described as a system of symbols (sometimes known as lexemes) and the grammars (rules) by which the symbols are manipulated. The word “language” is also used to refer to common properties of languages. Language learning is normal in human childhood. Most human languages use patterns of sound or gesture for symbols which enable communication with others around them. There are thousands of human languages, and these seem to share certain properties, even though many shared properties have exceptions.

    There is no defined line between a language and a dialect, but the linguist Max Weinreich is credited as saying that “a language is a dialect with an army and a navy”. Constructed languages such as Esperanto, programming languages, and various mathematical formalisms are not necessarily restricted to the properties shared by human languages.

    Bernard Luskin, UCLA, 1970, advanced computer assisted instruction and began to connect media and psychology into what is now the field of media psychology. In 1998, the American Association of Psychology, Media Psychology Division 46 Task Force report on psychology and new technologies combined media and communication as pictures, graphics and sound increasingly dominate modern communication.

     Nonverbal communication

    Nonverbal communication is the process of communicating through sending and receiving wordless messages. Such messages can be communicated through gesture, body language or posture; facial expression and eye contact, object communication such as clothing, hairstyles or even architecture, or symbols and infographics, as well as through an aggregate of the above, such as behavioral communication. Nonverbal communication plays a key role in every person’s day to day life, from employment to romantic engagements.

    Speech may also contain nonverbal elements known as paralanguage, including voice quality, emotion and speaking style, as well as prosodic features such as rhythm, intonation and stress. Likewise, written texts have nonverbal elements such as handwriting style, spatial arrangement of words, or the use of emoticons. A portmanteau of the English words emotion (or emote) and icon, an emoticon is a symbol or combination of symbols used to convey emotional content in written or message form.

    Other communication channels such as telegraphy fit into this category, whereby signals travel from person to person by an alternative means. These signals can in themselves be representative of words, objects or merely be state projections. Trials have shown that humans can communicate directly in this way[6] without body language, voice tonality or words.

    Categories and Features G. W. Porter divides non-verbal communication into four broad categories:

    Physical. This is the personal type of communication. It includes facial expressions, tone of voice, sense of touch, sense of smell, and body motions.

    Aesthetic. This is the type of communication that takes place through creative expressions: playing instrumental music, dancing, painting and sculpturing.

    Signs. This is the mechanical type of communication, which includes the use of signal flags, the 21-gun salute, horns, and sirens.

    Symbolic. This is the type of communication that makes use of religious, status, or ego-building symbols.

    Static Features

    Distance. The distance one stands from another frequently conveys a non-verbal message. In some cultures it is a sign of attraction, while in others it may reflect status or the intensity of the exchange.

    Orientation. People may present themselves in various ways: face-to-face, side-to-side, or even back-to-back. For example, cooperating people are likely to sit side-by-side while competitors frequently face one another.

    Posture. Obviously one can be lying down, seated, or standing. These are not the elements of posture that convey messages. Are we slouched or erect ? Are our legs crossed or our arms folded ? Such postures convey a degree of formality and the degree of relaxation in the communication exchange.

    Physical Contact. Shaking hands, touching, holding, embracing, pushing, or patting on the back all convey messages. They reflect an element of intimacy or a feeling of (or lack of) attraction.

    Dynamic Features

    Facial Expressions. A smile, frown, raised eyebrow, yawn, and sneer all convey information. Facial expressions continually change during interaction and are monitored constantly by the recipient. There is evidence that the meaning of these expressions may be similar across cultures.

    Gestures. One of the most frequently observed, but least understood, cues is a hand movement. Most people use hand movements regularly when talking. While some gestures (e.g., a clenched fist) have universal meanings, most of the others are individually learned and idiosyncratic.

    Looking. A major feature of social communication is eye contact. It can convey emotion, signal when to talk or finish, or aversion. The frequency of contact may suggest either interest or boredom.

     Visual communication

    Visual communication as the name suggests is communication through visual aid. It is the conveyance of ideas and information in forms that can be read or looked upon. Primarily associated with two dimensional images, it includes: signs, typography, drawing, graphic design, illustration, colour and electronic resources. It solely relies on vision. It is form of communication with visual effect. It explores the idea that a visual message with text has a greater power to inform, educate or persuade a person. It is communication by presenting information through visual form.

    The evaluation of a good visual design is based on measuring comprehension by the audience, not on aesthetic or artistic preference. There are no universally agreed-upon principles of beauty and ugliness. There exists a variety of ways to present information visually, like gestures, body languages, video and TV. Here, focus is on the presentation of text, pictures, diagrams, photos, et cetera, integrated on a computer display. The term visual presentation is used to refer to the actual presentation of information. Recent research in the field has focused on web design and graphically oriented usability. Graphic designers use methods of visual communication in their professional practice.

    Understanding the Field of Communication

    The field of communication is typically broken into three distinct camps: human communication, mass communications, and communication disorders [7]

    Human Communication or Communication Studies is the study of how individuals communicate. Some examples of the distinct areas that human communication scholars study are:

    Examples of Mass Communications include:

    Examples of Communication Disorders include:

     Oral Communication

    Oral communication is a process whereby information is transferred from a sender to receiver usually by a verbal means but visual aid can support the process.. The receiver could be an individual person, a group of persons or even an audience. There are a few of oral communication types: discussion, speeches, presentations, etc. However, often when you communicate face to face the body language and your voice tonality has a bigger impact than the actual words that you are saying.

    A widely cited and widely mis-interpreted figure, used to emphasize the importance of delivery, is that “communication is 55% body language, 38% tone of voice, 7% content of words”, the so-called 55/38/7 rule.[8] This is not however what the cited research shows – rather, when conveying emotion, if body language, tone of voice, and words disagree, then body language and tone of voice will be believed more than words.[9] For example, a person saying “I’m delighted to meet you” while mumbling, hunched over, and looking away will be interpreted as insincere. Further discussion at Albert Mehrabian: Three elements of communication.

    You can notice that the content or the word that you are using is not the determining part of a good communication. The “how you say it” has a major impact on the receiver. You have to capture the attention of the audience and connect with them. For example, two persons saying the same joke, one of them could make the audience die laughing related to his good body language and tone of voice. However, the second person that has the exact same words could make the audience stare at one another.[citation needed]

    In an oral communication, it is possible to have visual aid helping you to provide more precise information. Often enough, we use a presentation program in presentations related to our speech to facilitate or enhance the communication process. Although, we cannot communicate by providing only visual content because we would not be talking about oral communication anymore.

    Communication Modeling

    Shannon and Weaver Model of Communication

    Communication major dimensions scheme

    Communication code scheme

    Linear Communication Model

    Interactional Model of Communication

    Berlo’s Sender-Message-Channel-Receiver Model of Communication

    Transactional Model of Communication

    The first major model for communication came in 1949 by Claude Shannon and Warren Weaver for Bell Laboratories [10] The original model was designed to mirror the functioning of radio and telephone technologies. Their initial model consisted of three primary parts: sender, channel, and receiver. The sender was the part of a telephone a person spoke into, the channel was the telephone itself, and the receiver was the part of the phone where one could hear the other person. Shannon and Weaver also recognized that often there is static that interferes with one listening to a telephone conversation, which they deemed noise.

    In a simple model, often referred to as the transmission model or standard view of communication, information or content (e.g. a message in natural language) is sent in some form (as spoken language) from an emisor/ sender/ encoder to a destination/ receiver/ decoder. This common conception of communication simply views communication as a means of sending and receiving information. The strengths of this model are simplicity, generality, and quantifiability. Social scientists Claude Shannon and Warren Weaver structured this model based on the following elements:

    1. An information source, which produces a message.
    2. A transmitter, which encodes the message into signals
    3. A channel, to which signals are adapted for transmission
    4. A receiver, which ‘decodes’ (reconstructs) the message from the signal.
    5. A destination, where the message arrives.

    Shannon and Weaver argued that there were three levels of problems for communication within this theory.

    The technical problem: how accurately can the message be transmitted?
    The semantic problem: how precisely is the meaning ‘conveyed’?
    The effectiveness problem: how effectively does the received meaning affect behavior?

    Daniel Chandler critiques the transmission model by stating

    It assumes communicators are isolated individuals.
    No allowance for differing purposes.
    No allowance for differing interpretations.
    No allowance for unequal power relations.
    No allowance for situational contexts.

    In 1960, David Berlo expanded on Shannon and Weaver’s (1949) linear model of communication and created the SMCR Model of Communication [11]. The Sender-Message-Channel-Receiver Model of communication separated the model into clear parts and has been expanded upon by other scholars.

    Communication is usually described along a few major dimensions: Message (what type of things are communicated), source / emisor / sender / encoder (by whom), form (in which form), channel (through which medium), destination / receiver / target / decoder (to whom), and Receiver. Wilbur Schram (1954) also indicated that we should also examine the impact that a message has (both desired and undesired) on the target of the message [12]. Between parties, communication includes acts that confer knowledge and experiences, give advice and commands, and ask questions. These acts may take many forms, in one of the various manners of communication. The form depends on the abilities of the group communicating. Together, communication content and form make messages that are sent towards a destination. The target can be oneself, another person or being, another entity (such as a corporation or group of beings).

    Communication can be seen as processes of information transmission governed by three levels of semiotic rules:

    1. Syntactic (formal properties of signs and symbols),
    2. Pragmatic (concerned with the relations between signs/expressions and their users) and
    3. Semantic (study of relationships between signs and symbols and what they represent).

    Therefore, communication is social interaction where at least two interacting agents share a common set of signs and a common set of semiotic rules. This commonly held rules in some sense ignores autocommunication, including intrapersonal communication via diaries or self-talk, both secondary phenomena that followed the primary acquisition of communicative competences within social interactions.

    In light of these weaknesses, Barnlund (2008) proposed a transactional model of communication [13]. The basic premise of the transactional model of communication is that individuals are simultaneously engaging in the sending and receiving of messages.

    In a slightly more complex form a sender and a receiver are linked reciprocally. This second attitude of communication, referred to as the constitutive model or constructionist view, focuses on how an individual communicates as the determining factor of the way the message will be interpreted. Communication is viewed as a conduit; a passage in which information travels from one individual to another and this information becomes separate from the communication itself. A particular instance of communication is called a speech act. The sender’s personal filters and the receiver’s personal filters may vary depending upon different regional traditions, cultures, or gender; which may alter the intended meaning of message contents. In the presence of “communication noise” on the transmission channel (air, in this case), reception and decoding of content may be faulty, and thus the speech act may not achieve the desired effect. One problem with this encode-transmit-receive-decode model is that the processes of encoding and decoding imply that the sender and receiver each possess something that functions as a code book, and that these two code books are, at the very least, similar if not identical. Although something like code books is implied by the model, they are nowhere represented in the model, which creates many conceptual difficulties.

    Theories of coregulation describe communication as a creative and dynamic continuous process, rather than a discrete exchange of information. Canadian media scholar Harold Innis had the theory that people use different types of media to communicate and which one they choose to use will offer different possibilities for the shape and durability of society (Wark, McKenzie 1997). His famous example of this is using ancient Egypt and looking at the ways they built themselves out of media with very different properties stone and papyrus. Papyrus is what he called ‘Space Binding’. it made possible the transmission of written orders across space, empires and enables the waging of distant military campaigns and colonial administration. The other is stone and ‘Time Binding’, through the construction of temples and the pyramids can sustain their authority generation to generation, through this media they can change and shape communication in their society (Wark, McKenzie 1997).

    The Krishi Vigyan Kendra Kannur under Kerala Agricultural University has pioneered a new branch of agricultural communication called Creative Extension.

    Communication Noise

    In every communication models, noise is anything that interferes with the decoding of messages sent over the channel by an encoder. There are many examples of noise:

    Environmental Noise: Noise that physically disrupts communication, such as standing next to loud speakers at a party, or a construction site next to a classroom making it hard to hear the professor.

    Physiological-Impairment Noise: physical maladies that prevent effective communication, such as actual deafness or blindness preventing messages from being received correctly.

    Semantic Noise: different interpretations of the meanings of certain words, like how the word “weed” can be interpreted as both an undesirable plant in your yard or marijuana, or how “LOL” is easily recognizable by most teens, but complete gibberish to older readers.

    Syntactical Noise: mistakes in grammar can disrupt communication, such as abrupt changes in verb tense during a sentence, or differing sentence structures between different cultures.

    Organizational Noise: poorly structured communication can prevent the receiver from accurate interpretations, like unclear and badly stated directions can make the receiver even more lost, or how unfocused and disorganized lectures by professors are extremely hard for students to understand.

    Cultural Noise: stereotypical assumptions can cause misunderstandings, such as unintentionally offending Jews by wishing them a “Merry Christmas,” or how Democrats and Republicans alike are bigoted about the other party’s policies.

    Psychological Noise: certain attitudes can make communication difficult, like when great anger or sadness causes someone to lose focus on the present, or how more serious psychological diseases like autism severely hamper effective communication.[14]

    INFORMATION TRANSFER CONCEPTS

    Definitions

    The following are brief definitions of common information transfer terms and concepts:

    Content Management
    Bringing together all assets of an organization – hardware, software, people – to build an organization’s Web site.

    Information
    Items of data.

    Information Need
    The process of becoming aware of the relevance of information.

    Information Transfer Cycle
    Information transfer is the process by which knowledge is created, produced, disseminated, organized, diffused, utilized, preserved, and destroyed.

    Knowledge
    Knowledge is derived from an explicit theory or theories, embedded in a social context of explanation, and are endorsed by a discipline or group of practitioners.

    Knowledge Creation
    Externally-produced, empirically-grounded knowledge through research and development or internally generated through research and development.

    Knowledge Destruction
    The deliberate or accidental loss of knowledge.

    Knowledge Diffusion
    The deliberate – sometimes accidental – spreading of knowledge, especially through contact. The exchange and multi-flow of knowledge. Diffusion is the process by which an innovation is communicated through certain channels over time among members of a social system. Rogers five stage innovation diffusion model consists of: awareness, interest generation and knowledge acquisition, attitude formation, trial decision, adoption or rejection (Rogers, 1983).

    Knowledge Dissemination
    The one-way spreading of information that helps the user seek and acquire alternative sources of information and learn about options. Another level of dissemination is interactive and provides for a multidirectional flow of information into systems. Dissemination systems supply information to reduce costly ignorance (Klein & Gwaltney, 1991).

    Knowledge Management
    A set of proactive activities to support an organization in the creation, production, dissemination, organization, diffusion, utilization, preservation, and destruction of knowledge.

    Knowledge Needs Diagnosis
    The process consists of client interviews, observation, examination of information use patterns, and client feedback.

    Knowledge Organization
    A systematic arranging of data, information, and knowledge to facilitate identification, access and retrieval.

    Knowledge Preservation
    The faithful storage and maintenance of documents to facilitate future use.

    Knowledge Repackaging
    A service that consists of diagnosing a client’s information needs, information counseling, consolidation, and compression. It is adding value to information by facilitating physical and conceptual access (Agada, 2000)

    Knowledge Utilization
    A process which aims at increasing the employment of knowledge to solve problems and improve the quality of organizational decision-making. Utilization involves designing strategies that help put knowledge to use (Backer, 1991).

    Organizational Knowledge
    Organized company knowledge made available to staff via various access points and systems.

    Public Knowledge
    Knowledge created through scholarly and scientific inquiry the results of which are made public for understanding and use. Public knowledge is shared knowledge.

    Tacit Knowledge
    Knowledge that is in people’s hands or in their own files as distinguished from explicit knowledge, which is in documents or databases. Tacit knowledge is learning by doing. It is codifiable and, therefore, a “knowledge asset” for an organization.

    MULTIPLE CHOICE QUESTION BANK 02

    The headquarters of Raja Ram Mohan Roy Library Foundation is situtated at

    1. Delhi
    2. Calcutta
    3. Chennai
    4. Nagpur

     

    The first library Act in India was passed and implemented in

    1. Maharashtra
    2. Andhra Pradesh
    3. Madras
    4. Karnataka

     

    A number of devices that are related to recall and precision have been studied by

    1. Gilchrist
    2. Vickery
    3. Lancaster
    4. Ranganathan

     

    User studies in Social sciences was carried out by

    1. Kuhn
    2. Brittain
    3. Line
    4. Allen

     

    An entry that is made for the subject of a chapter in a book is referred to as

    1. Cross Refernece Entry
    2. Cross Reference Index Entry
    3. Class Index Entry
    4. Book Index Entry

     

    The concept of UBC was introduced by

    1. UNESCO
    2. LC
    3. FID
    4. IFLA

     

    In Sears, List of Subject Headings preferred headings are indicated by

    1. Marking them as preferred headings
    2. Printing them in bold type
    3. Underlining them
    4. Italicising them

     

    The component of an ISO-2709 meant primarily machine processing of the record is

    1. the Label
    2. the Directory
    3. the Datafields
    4. the Record Seperator

     

    The CCF was developed by

    1. LC
    2. UNESCO
    3. IFLA
    4. FID

     

    The agency in India responsible for assigning ISSN is

    1. The National Library
    2. INSDOC
    3. INFLIBNET
    4. Raja Ram Mohan Roy Library Foundation

     

    The concept of Scientific Management was introduced by

    1. Henry Fayol
    2. C.I. Barnard
    3. Peter Druck
    4. F.W. Taylor

     

    Preparation, service and assimilation are the main stages involved in

    1. Initiation
    2. User Education
    3. Reference Service
    4. Bibliography

     

    Desirableness of personal contact between reader and library material was stressed by

    1. H.P. Luhn
    2. Derek Austin
    3. Samuel H. Green
    4. S.C. Broadford

     

    ‘Informatics’ is a term which was first used for documentation in

    1. Britain
    2. USA
    3. USSR/Russia
    4. India

    Intellectual Property Rights are recognised by

    1. Copyright
    2. Patent
    3. Both
    4. Neither

     

    Identify the primary document from the following:

    1. Bibliography
    2. Biography
    3. Autobiography
    4. None of the above

     

    Identify the secondary source from the following:

    1. Standards
    2. Patents
    3. Journals
    4. Directories

     

    The procedure of ‘chain indexing’ was developed by

    1. Jack Mills
    2. C.A. Cutter
    3. S.R. Ranganathan
    4. G. Bhattacharya

     

    NATIS stands for

    1. National Information System
    2. National Technical Information System
    3. National Team for Information Science
    4. None of the above

     

    MESH is the name of a

    1. Medical Library
    2. C.S.I.R Unit
    3. Controlled Vocabulary
    4. None of the above

     

    POPSI was developed by

    1. S.R. Ranganathan
    2. Neelmeghan
    3. B.S. Kesavan
    4. G. Bhattacharya

     

    According to CCC, the heading for work with three authors is

    1. The first author
    2. The title
    3. The principal author
    4. All the three authors

     

    Which of the following areas is not a part of the description prescribed by AACR-II?

    1. Title and statement of responsibility area
    2. Edition
    3. Publication and distribution
    4. Address and location

     

    Paul Otlet used the term ‘Documentation’ for the first time in a lecture at the International Congress at Brussels in

    1. 1905
    2. 1920
    3. 1931
    4. 1948

     

    ISBN contains

    1. 6 digits
    2. 8 digits
    3. 10 digits
    4. 12 digits

     

    BNB is published

    1. Weekly
    2. Monthly
    3. Bi-Monthly
    4. Annual

     

    Principles of ‘Later-in-Time is one of the

    1. Five Laws of Library Science
    2. Cataloguing Principles
    3. Principles of Helpful Sequence
    4. Circulation rules

     

    European Translation Centre is located at

    1. Italy
    2. France
    3. Netherland
    4. Germany

     

    ‘Micropaedia’ is in how many volumes?

    1. 5
    2. 12
    3. 15
    4. 20

     

    ‘Facts on File’ is published from

    1. India
    2. Africa
    3. U.S.A
    4. Europe

     

    Which table deals with ‘Standard Subdivisions’ in DDC?

    1. Table 1
    2. Table 3
    3. Table 5
    4. Table 7

     

    What is Bibliography

    1. A list of books published
    2. A list of books available in a library
    3. A list of books available in two libraries
    4. A list of Journals

    Bibliographic service comes under

    1. Ready Reference Service
    2. Long Range Reference Service
    3. Referral Service
    4. None of the above

     

    Mc-Graw Hill is a

    1. Author
    2. Printer
    3. Publisher
    4. Librarian

     

    ‘Indian Science Abstract’ is published by

    1. INSDOC
    2. ICSSR
    3. DST
    4. DRTC

     

    Library Week is celebrated on

    1. 10th November
    2. 14th November
    3. 14th December
    4. 25th December

     

    Encyclopaedia Britannica is in how many parts

    1. Single
    2. Two
    3. Three
    4. Four

     

    State the number of tables DDC includes

    1. 3
    2. 5
    3. 7
    4. 9

     

    Saraswathi Mahal Library is at

    1. Tanjore
    2. Bhubaneswar
    3. Jaipur
    4. Thiruvanathapuram

     

    Association is a

    1. Personal Author
    2. Pseudonymous Author
    3. Periodical publication
    4. Corporate Author

     

    As per CC ‘m’ refers to

    1. Anteriorising Common Isolate
    2. Posteriorizing Common Isolate
    3. Time Isolate
    4. Useful Arts

     

    Library of Congress is located at

    1. Washington D.C
    2. Chicago
    3. New York
    4. London

     

    If in the year 2000, a journal has reached its 40th volume, when was it first published

    1. 1959
    2. 1960
    3. 1961
    4. None of the above

     

    Connema Public Library was established after the name of the then

    1. Governor
    2. Judge
    3. King
    4. Philanthropist

     

    The real name of ‘Mark Twain’ is

    1. Milton
    2. Keats
    3. Samuel Longhorne Clemens
    4. William Wordsworth

     

    Windows NT is the name of

    1. Cable TV
    2. Network
    3. A Computer Operating Sytem
    4. An On-line database

     

    Lexicon refers to

    1. Bibliography
    2. Dictionary
    3. Encyclopaedia
    4. Directory

     

    To find an occurance of a term in a work which part of the work do you refer

    1. Contents
    2. Chapters
    3. Index
    4. Title

     

    The term ‘Thesaurus’ is associated with

    1. Directory
    2. Bibliography
    3. Dictionary
    4. None of the above

     

    C.L.R.I (Central Leather Research Institute) is located at

    1. Chennai
    2. Calicut
    3. Cochin
    4. Cuttack
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