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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The word copyright 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.
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 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.
The Register of Copyrights is organised into six categories:
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.
To secure copyright registration, the following procedures must be followed:
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."
The following are the main parts of the Copyright Act, of 1957:
Original creative
Musical, dramatic, or literary works
Sound recording
Cinematographic films
Copyright laws safeguard a few of these rights. These three categories of rights are;
Economic rights under Section 14
Moral rights under Section 57
Neighbouring rights under Sections 37A and 378
The following is a list of the salient features of the Copyright Act 1957:
Features | Description |
Range of rights granted to the writer |
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Provisions to establish ownership |
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Civil and criminal remedies |
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Creation of copyright boards and offices |
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"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:
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.
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.
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.
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.
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.
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 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:
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.
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.
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.
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.
The following remedies are provided under Section 55 of the Copyright Act of 1957:
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.
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.
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.
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.
Three different kinds of financial solutions are offered:
An account of profit enables the owner to pursue the amount of money earned concerning the profit obtained via illegal activity.
Compensatory damages, allowing the owner of the copyright to pursue the losses he sustained.
The assessment of conversational damages is based on the article's worth.
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.
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.
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.
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.
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:
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.
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.
Original literary, dramatic, musical, and artistic works as well as cinematographic films and sound recordings are shielded against unauthorised use by the Copyright Act, of 1957.
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.
An Act to Modify and Combine Copyright Laws. In the Eighth Year of the Republic of India, Parliament thus enacts the following: 1. A succinct title, scope, and introduction
The original proprietor of the work is its author. Unless otherwise agreed, the proprietor will be the initial owner of a literary, dramatic, or artistic work if the author is hired by a newspaper, magazine, etc. under a service agreement.
In terms of artist copyright, Hogarth was also a pioneer.
The minimum penalty for copyright infringement is six months in jail, which can go up to three years, and a minimum fine of Rs. 50,000, which can go up to Rs. 2 lakhs, when the rights owner brings a criminal complaint for copyright infringement
Generally speaking, copyright is valid for 60 years. The year after the author's passing is used to calculate the 60-year term for original literary, theatrical, musical, and artistic works.
Anybody who intentionally violates or aids in the infringement of the copyright in any work is guilty of a crime under Section 63 of the Copyright Act, 1957 (the "Act").
All copyright interests in a work are generally owned by the person who created it. However, copyright ownership becomes a more challenging matter in situations where two or more parties collaborate to create a work.
Apr 27, 2022 - 12:42 p.m. IST ---STATIC
Apr 27, 2022 - 12:42 p.m. IST ---STATIC
Apr 27, 2022 - 12:42 p.m. IST ---STATIC
Apr 27, 2022 - 12:42 p.m. IST ---STATIC
Apr 27, 2022 - 12:42 p.m. IST ---STATIC