Intellectual Property/Copyright – Material Expression This Copyright works covers an Information base of a new population of people of Indian origin in New Zealand under ISBN No: 978- 0-473-08478-3 registered in London. Copyright subsists in the Material Expression of the works of the Author, not in actual details, that the Author has gathered from public domain to bring the work in material form. This Copyright having this material expression its main points are accurately defined in Paragraphs [1-7-11-26] of the Judgment CIV 2003-092-4034, Manukau District Court of 29/08/05 as follows: | |||||||
1. | What Constitutes this Copyright | ||||||
Administrative Details | |||||||
a). | Intellectual Property Name | INDIAN Bizz | |||||
1. | Title Name | Indian Business Directory | |||||
2. | Author/Copyright Owner | Mr Rajendra Prasad | |||||
3. | Publisher | Mr Rajendra Prasad | |||||
4. | First Publishing Date | 01/03/2002 (Commencing 1998) | |||||
5. | ISBN No (Book Number) | 978-0-473-08478-3 (London) | |||||
6. | ISSN No (Serial Publication) | 1177-5327 (commencing 01/06/2007) | |||||
7. | Copyright Established | 29/08/05 CIV 2003/092/4034 (Blackie DCJ) at Paragraphs [1-7, 11-26], Manukau District Court on 2003 Copy | |||||
8. | Copyright Confirmed | 13/04/06 CIV 2005-404-5424 (Asher J HC, Auckland) at Paragraph [4.a], also Held in Appeal | |||||
Material Expression | |||||||
b). | A Directory initially in printed version having: | ||||||
1. | Hard cover in a bound form | ||||||
2. | Includes black and white and coloured text and graphics | ||||||
3. | Having a compilation | ||||||
4. | An Index | ||||||
May also have sub-indices or sub sub-Indices | |||||||
5. | Substantial part of the works being as advertisements: | ||||||
i.Comprising of business, and ii.Community details | |||||||
6. | Hanging off the indexes or sub-indices | ||||||
7. | Targeted to particular ethnic community, people of Indian origin of NZ, Australia, neighboring islands Fiji and all countries in which people of Indian origin have an interest and involvement | ||||||
c). | A Website comprising of details of Indian community providing: | ||||||
1. | The above Directory Service | ||||||
2. | Business and Community Service to provide: News, views, bulletin board, events, details of important places and people, community help Information on related topics, information link between countries of Indian origin, database, live help and much more | ||||||
d). | An Electronic Form based information available in various electronic media: | ||||||
(Very wide topic and sensitive information): Mobile Phones and Apps, iPhones, CD’s, DVD’s and Downloadable Data, Live and Searchable Data etc. | |||||||
e). | A Database made up of Businesses, Community and important details in which people of Indian origin have an involvement in New Zealand and around the world | ||||||
Database Rights of Copyright Owner Defined Database is created from source s 14 of the people of Indian origin of New Zealand, qualifies and has Database protection on it since 1998: | |||||||
1. | A database is protected by copyright and/or database right, irrespective of whether it is entitled to full copyright protection it may be given database rights | ||||||
2. | To gain copyright, a database must have originality in the creation, selection or arrangement of the contents | ||||||
3. | Although copyright and trademark laws are theoretically distinct, more than one type of them may cover the same item or subject matter, for eg: In case of the Mickey Mouse cartoon, the image and name of Mickey Mouse would be the subject of trademark legislation, while the cartoon itself would be subject to copyright. Titles and character names from books or movies may also be trademarked while the works from which they are drawn may qualify for copyright. | ||||||
f). | Exhibit 4 is filed under National Library Act 2003 s 31, from 01/03/2002, which is the source of the above information and registered under ISBN No: 978-0-473-08478-3 | ||||||
g). | Defendants | ||||||
National Library E:mail of 21/02/2006 (February) confirmed that there are no such publication held by it from 2003 - 2006 under National Library Act 2003 s 31, to establish s 2.1(a)ii Material Time, First Publishing Date, it’s not binding on anyone | |||||||
2. | License: | ||||||
| After the Judgment of CIV 2003-092-4034 of 29/08/05, when company handed back the 2003 works, the company being a non-party, Copyright Owner Mr Prasad, regulated a License with effect from 01/09/05 for anyone wishing to do the same to earn revenue. | ||||||
3. | What Constitutes Breach of Copyright? | ||||||
| Anyone who creates a publication within the description specified in Paragraph [1] above and directs to particular community, people of Indian origin in New Zealand, who: | ||||||
a). | Makes such works, Issues to Public, Collects revenue from, Other than pursuant to Copyright License of Intellectual Property/Copyright holder Mr Prasad | ||||||
b). | Anyone who creates a retrieval system, website, electronic media within the description specified in Para [1-2] above during the currency of Copyright above and directs to particular community Indians in New Zealand | ||||||
c). | Collects revenue from it, other than pursuant to Copyright License of Copyright holder: | ||||||
1. | Anyone who uses the terms for such works in Indian community New Zealand, without a License: | ||||||
a. Illegal use of the term “Copyright”, in an infringing works | |||||||
b. Which does not have any `Author’ or ‘Object Creativity’ | |||||||
c. Illegal use of the term “Indian” “Business” and “Directory” in an infringing works, without a Copyright License | |||||||
2. | Anyone who advertises, being in possession, distributes, sells, creates derivative works, and more,infringes the Plaintiff’s Copyright | ||||||
d). | Formal Form of Proof Under Copyright Law: | ||||||
1. | Under circumstances where Plaintiff’s Copyright has not expired, he has Statutory Monopoly s 16, Statutory Protection s 14(1)a, is not in competition with any Defendant and does not have to prove anything subsequent to 2003 copy | ||||||
2. | Any Defendants making alone is breach of Copyright s 30, s 31, s 16, s 111. | ||||||
4. | Duration of Copyright Defined: | ||||||
| Owner’s rights is defined under s 16 which commences from Material Time (First Publishing Date) s 2.(1)aii Copyright Act 1994, a date that is derived from National Library under National Library Act 2003 s 31 | ||||||
a). | Plaintiff’s Copyright commences on 01/03/2002 and | ||||||
b). | Expires after 50 years after death on the last calendar day in calendar year defined under s 22 for Author to derive maximum benefit from the works | ||||||
c). | Copyright is: | ||||||
1.Willable 2.Licensable and 3.Assignable by the Copyright Owner. | |||||||
5. | Exclusive Rights of Copyright Owner Defined: | ||||||
| The owner of the copyright in a work has exclusive right defined under s 16 to do, in accordance with sections 30 to 34 of this Act, the following acts in New Zealand to: | ||||||
a). | Copy the work | ||||||
b). | Issue copies of the work to public, whether by sale or otherwise | ||||||
c). | Produce copies or reproductions of the work and to sell those copies (including typically, electronic copies, printed forms and other methods) | ||||||
d). | Create derivative works (works that adapt the original work), Regulate License s 111, bring action under s 120 on others, who may be doing same to infringe it. | ||||||
6. | Right of Action of Plaintiff under Copyright Act 1994 – s 120: | ||||||
| Plaintiff is free to bring any number of actions and | ||||||
a). | File documents in any Court on any or same Defendant, a statutory power given under the Act to the Intellectual Property/Copyright holder for the statutory protection of Copyright/Intellectual Property until expiry | ||||||
b). | Including Crown during the currency of Copyright under s 22 and s 120 | ||||||
c). | INDIAN Bizz exists in New Zealand’s public records under National Library Act 2003s 31, it is registered for ISBN No: 978-0-473-08478-3, ISSN No: 1177-5327, defined under s 14(1)a of Copyright Act 1994 and International Copyright Law | ||||||
d). | Guideline of Composition of Plaintiff’s exclusive Income from Copyright is applicable Mr Prasad envisaged long term plan, he projected he would initially serve customers in Indian markets and License out any extras, it shall be advertised when that becomes available. | ||||||
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