The Copyright Act, 1957

What is the Copyright Act, of 1957?

India's copyright laws are governed by the Copyright Act, of 1957, which has two main objectives: first, to protect the creative interpretation rights of writers, musicians, painters, designers, and other creative people; and second, to allow others to freely build upon the ideas and information provided by a work. Copyright protection starts as soon as a work is conceptualised and manifested in a material form. A work that is an original invention is protected by copyright. Furthermore, only expressions are covered by the protection. Copyright does not apply to concepts that are only expressed in concrete ways; they are not protected by law.

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This Story also Contains

1. What is the Copyright Act, of 1957?
2. Meaning of the word ‘Copyright’
3. The Evolution of Copyright Act, of 1957
4. Registration of Copyright under Copyright Act 1957
5. The Goals of Copyright Legislation
6. Important Provisions of the Copyright Act of 1957
7. Salient Features of the Copyright Act 1957
8. Works with Copyright Protection
9. The Copyright Holder's Rights
10. Copyright Assignment
11. Remedies for Infringement
12. Case Laws
13. Conclusion

Meaning of the word ‘Copyright’

• The word Copyright in IPR is created by combining the concepts "copy" and "right."

• More specifically, copyright refers to the "right to copy," which grants reproduction rights to only the author or a designated representative of the author.

• To put it simply, a copyright is a legal right that belongs to the owner of Intellectual Property Rights.

• The elaboration has to be considered to comprehend the notion of copyright properly. When someone uses considerable mental or intellectual capacity to produce something unique, that creation is considered original.

• These one-of-a-kind works of art include computer software, films, books, graphic designs, music compositions, art, literature, poetry, and lyrics for songs. Additionally, a copyright serves as a protection to prevent the duplication of an original work.

The Evolution of Copyright Act, of 1957

• The British Copyright Act, of 1911 was expanded into the Copyright Act, of 1914, which controlled copyright protection prior to the Copyright Act, of 1957. The Act underwent amendments in 1983, 1984, 1992, 1994, and 1999.

• The Indian Copyright Act, of 1847, was the first copyright legislation in India, passed by the British during the East India Company era.

• Its purpose was to enforce English copyright laws in the country.

• Following that, this statute was replaced, abolished, and extended to all British territories, including India, via the Copyright Act of 1911.

• Additionally, it was changed once more in 1914 when the Indian Copyright Act, of 1914 was passed by the Indian parliament.

• This Act was in effect in India until the Indian the Copyright Act, of 1957 took its place.

Registration of Copyright under Copyright Act 1957

The Register of Copyrights is organised into six categories:

1. Musical Works
2. Literary works other than computer programs
3. Artistic Works
4. Sound Recording
5. Cinematography Films
6. Computer programs, tables, and compilations

It is not necessary to get copyright protection, but it is usually recommended since it provides the owner with a set of minimal rights over his work as well as the assurance that no one will be able to replicate his work for a certain length of time. This happiness will continually drive the owner to perform more effort and generate more products.

What is the procedure for obtaining a copyright registration?

To secure copyright registration, the following procedures must be followed:

• An application (containing all particulars and an explanation of the particulars) in the format of FORM IV must be delivered to the registrar, together with the required fees (as specified in Schedule 2 of the act). A separate application must be completed for different works.
• The government has set fees for certain works.
• Every application must be signed by both the applicant and an Advocate for whom a Vakalatnama or a POA has been obtained.
• The registrar will issue a Dairy No., after which there is a necessary waiting period of 30 days for any objections to be submitted.
• If no objections are received within 30 days, the scrutiniser will review the application for any discrepancies, and if none are found, the registration will be completed, and an extract will be given to the registrar for admission into the Register of Copyright.
• If any objections are received, the examiner will issue a letter to both parties and hold a hearing.
• If the objections are resolved following the hearing, the scrutineer will review the application and accept or reject it, as appropriate.

The Goals of Copyright Legislation

• The main goals of copyright are to reward writers for their efforts and to promote science and useful art.

• Copyright allows people to freely build upon the ideas and information contained in a work while ensuring writers have the freedom to express themselves creatively.

• There are two main objectives of copyright law.

• First and foremost, countries passed copyright laws to protect the creative expression of authors, composers, designers, painters, and other creators who risked their financial security to share their works with the public.

• Second, copyright laws allow others to freely build upon the information and recommendations included in a work.

• It also allows for some free use of information that is protected by copyright. The scope of these allowed uses is specified by the Copyright Act, of 1957.

• The Act contains provisions on free use to create the best feasible balance in the interests of society between the rights of the copyright owner and public benefit.

• In Sulamangalam R. Jayalakshmi v. Meta Musicals, Chennai (2000), the Madras High Court ruled that "copyright law is to preserve the fruits of a man's effort, labour, talent, or test from annexation by other persons."

Important Provisions of the Copyright Act of 1957

The following are the main parts of the Copyright Act, of 1957:

• Section 2 - Section 2 discusses alternative definitions of work that fall under the concept of copyright. For example, Section 2(o) deals with literary works, Section 2(h) contains all theatrical works covered by copyright protection, and Section (p) deals with musical and graphic works.
• Section 13 - Section 13 of the Copyright Act of 1957 is the most important section since it addresses the issue of copyright protection. According to Section 13(1), the Copyright covers all of India. The following types of works are protected by it:

  • Original creative

  • Musical, dramatic, or literary works

  • Sound recording

  • Cinematographic films

• Section 13(2) - Section 13(2) discusses both published and unpublished works of architecture. If the material is published, it must be released in India. The author must have been an Indian citizen at the time of publishing or at the time of his death if the work was published outside of India. The writers of unpublished works, except for architectural works, must be Indian nationals or have a permanent address in India.

Copyright laws safeguard a few of these rights. These three categories of rights are;

1. Economic rights under Section 14

2. Moral rights under Section 57

3. Neighbouring rights under Sections 37A and 378

• Section 17 - Section 17 of this Act acknowledges the author as the first owner and says that the author of a work shall be the first owner of the copyright therein.

Salient Features of the Copyright Act 1957

The following is a list of the salient features of the Copyright Act 1957:

Works with Copyright Protection

"Works" refers to all content that is copyright-protected. As a result, it could be liable to Section 13 of the Copyright Act, of 1957 for the following works:

1. Original Literary Work: It is the result of human thought and can take the form of a sequence of spoken or written assertions that may or may not have artistic value. It can be conveyed in writing and is the result of significant autonomous talent, creative labour, or judgment. A broad definition of literary work is given under the Copyright Act, of 1957, and it covers computer programming, tablets, and compilations, including computer databases.

2. Original Dramatic Work: The Copyright Act, of 1957 states that a dramatic work is any item intended for recitation, choreography, or amusement in dumb performances, as well as any set scenic arrangement or performing form, whether it be in text or another format. Cinematographic films are not included in this definition.

3. Original Musical Work: The Copyright Act of 1957 defines a musical work as any work that incorporates music, including any visual representation of such a work. It excludes any words or actions that are meant to be sung, spoken, or performed in conjunction with the music.

4. Original Artistic Work: Artistic work is defined by the Copyright Act, of 1957 as any painting, sculpture, drawing, engraving, picture, or other work with artistic qualities.

5. Cinematographic Films: The term "cinematograph" shall be interpreted as encompassing any work produced by any process similar to cinematographic, including video films. The Copyright Act of 1957 defines cinematographic films as any work of visual recording and a sound recording accompanying such visual recording.

6. Sound Recording: The Copyright Act of 1957 defines sound recording as the recording of sounds from which those sounds may be created, independent of the medium or technique used to produce the sounds.

The Copyright Holder's Rights

The owner has negative rights under the Copyright Act, of 1957, which allows him to forbid third parties from exploiting his creations in specific ways and to sue for damages when those rights are violated. The owner is granted two different kinds of rights under this Act:

1. Economic rights: This power, which is granted under Section 14, is sometimes referred to as the Exclusive Rights of the Copyright Holder. Different kinds of labour have different kinds of rights under this Act.

2. Moral rights: A literary or creative work reflects the temperament of the creator, just as much as economic rights reflect the author's need to protect the body and soul of his work from commercial exploitation and infringement. For this reason, the Copyright Act, of 1957 also protects ethical rights in addition to economic rights.

Copyright Assignment

In addition to using their copyright for their personal gain, copyright holders can make money by sharing their intellectual property with others. Copyright assignment and licencing are two ways to do this. The only person who possesses the copyright is the one who can assign all or part of his current or future copyrighted works. The assignee of such an assignment is then entitled to all copyright-related rights to the assigned work and will be regarded as the copyright owner concerning those rights.

According to Section 19, the following prerequisites must be met for a legitimate assignment: It must be in writing, signed, and contain information on the types of rights granted, their length, territorial scope, and the amount of royalty that will be paid, if any, in any given situation.

Remedies for Infringement

The following remedies under this Act may be available to the copyright holder in cases when someone violates their rights, whether on purpose or accidentally.

Civil remedies

The following remedies are provided under Section 55 of the Copyright Act of 1957:

1. Interlocutory injunction: This is the most significant remedy against copyright infringement; it is a legal procedure whereby someone who has violated or is threatening to violate the legal or equitable rights of another is ordered to stop acting in that manner or to put things back to how they were before the dispute.

2. Mareva injunction; This specific type of interlocutory injunction prevents the defendant from selling any property that would be needed to settle the plaintiff's claim or to remove them from the court's jurisdiction.

3. Anton Piller's order; The plaintiff's attorney has been granted permission to seize copies of the infringing papers and other pertinent materials from the defendant. The renowned case Anton Piller KG v. Manufacturing Process Ltd., 1976, is the inspiration behind the naming of this decree.

4. John Deo’s order: With this ruling, the Court has the authority to impose an injunction on individuals who may be found infringing copyright rights, as opposed to those who are hindered by the complaint.

Pecuniary remedies

Three different kinds of financial solutions are offered:

1. An account of profit enables the owner to pursue the amount of money earned concerning the profit obtained via illegal activity.

2. Compensatory damages, allowing the owner of the copyright to pursue the losses he sustained.

3. The assessment of conversational damages is based on the article's worth.

Criminal remedies

1. Section 63; If there is any copyright violation, criminal sanctions are available under Section 63 of the Copyright Act. As to Section 63 of the Act, an individual found guilty of intentionally breaching or contributing to the breach of a work's copyright shall face a minimum term of six months in jail and a minimum fine of fifty thousand rupees.

2. Section 63A; Because of the widespread copyright infringement, a person found guilty under Section 63A a second time suffers an extra sentence of not less than one year in jail and a fine of not less than one lakh rupees.

3. Section 63B: A person who knowingly uses an unlawful copy of computer software on a computer is subject to a minimum seven-day prison term and a fine of at least fifty thousand rupees, as per Section 63B.

The following are the penal sanctions available under Section 63 for copyright infringement:

• A minimum of six months imprisonment, with a maximum of three years

• A minimum fine of fifty thousand dollars, with a maximum of two hundred thousand dollars

• Finding and seizing items protected by copyright

• Delivery of products protected by a copyright to the owner.

Fair Dealing

The legislative restriction on the copyright owner's exclusive rights known as fair dealing allows the replication or use of protected works in ways that would not have been considered infringement. This regulation is derived from Section 52 of the Copyright Act, of 1957, which permits unrestricted use of any work—aside from computer programmes.

Case Laws

India has had several well-known instances of copyright infringement throughout the years. Let's examine a few of the more noteworthy instances related to the Copyright Act, of 1957:

R.G. Anand v. M/S. Delux Films and Others (1978)

• Fact about the Case - The appellant is a professional dramatist and architect, whereas the respondent is a film production company. The drama "Hum Hindustani," written by the appellant in 1953, was presented in New Delhi the following year, in 1954. The appellant alleged that the respondents had stolen his play and utilised it as the inspiration for a movie without getting his permission after seeing the movie. After that, the appellant made a case before the Delhi District Judge. The appellants contended in court that there are notable similarities between the play and the movie and that both are based on the same idea, namely "Provincialism." After the arguments, the District Judge, however, did not concur with the appellant's claim.
• Judgement of the Case- Justice Fazal Ali delivered the court's ruling. The Supreme Court found that although sharing some inspiration with the notion of "Provincialism," the play and the film are significantly unlike from one another. In addition, the play does not portray marriage; instead, the movie shows other facets of "Provincialism," such as the leasing of outhouses.

Tips Industries Ltd. v. Wynk Ltd. and Anr. (2019)

• Fact about the Case - A substantial music archive is copyrighted by the Indian record company Tips Industries Ltd. (Plaintiff), who granted Wynk Music Ltd. (Defendant) access to the archive in 2016. After the licence expired and neither party was able to reach a new agreement, Wynk filed a request for protection under Section 31D of the Copyright Act.
• Judgement of the Case - After hearing arguments from both sides, the Bombay High Court found that Wynk had violated copyright on two separate occasions:

  • By allowing users to download and subscribe to the plaintiff's work offline under Section 14(1)(e)(ii)

  • By making the plaintiff's works available to users via their streaming platform.

Conclusion

Copyright refers to the legal protection afforded to the original creator or owner of any intellectual work against any third party. Because copyright laws enhance a nation's national cultural legacy, they are seen as crucial laws of protection. However, the quantity of intellectual creations—that is, their renown—automatically increases with the amount of protection accorded to literary, theatrical, musical, or artistic activity in any given nation. Therefore, in the end, we can state that the fundamental prerequisites for social, cultural, and economic growth are as follows.