Comprehensive Guide to Copyright Law in India: Protection, Evolution, and Key Legal Precedents

WHAT IS A COPYRIGHT?

The makers of unique works of arrangement, such as fictional works (including computer programs, tables, and gatherings with computer databases which may be expressed in words, codes, outlines, or in any other form, including a machine clear medium), theatrical, musical, and creative works, cinematographic movies, and sound copies, are arranged copyright, a well-informed property protection, under Indian law.[1] Terms used to convey ideas are protected by copyright law, not the ideas themselves. The Copyright Act 1957 asylums the fortification of fictional, theatrical, musical, and creative works as well as cinematographic movies and sound recordings under Section 13, of Copyright Act of 1957[2]. Books and computer programs, for example, are protected as fictional works under the Act.

Copyright states a package of special rights given to the proprietor of copyright by advantage of Section 14 of the Act[3]. These rights can be exercised only by the holder of copyright or by any other distinct who is therefore recognized in this respect by the proprietor of copyright. These rights include the right of variety, right of imitation, right of periodical, right to make changes, announcement to civic etc.

Copyright guard is spoken on all Original legendary, creative, musical or theatrical, cinematograph and sound footage work. Unique resources, that the work has not been derivative from any other basis. Copyright safety starts the moment a work is designed, and its process is intended.  How ever it is always practical to get a recording for an improved protection. Copyright registration does not refer any rights and is just a clear-cut resilient of an access in respect of the work in the Copyright Register well-preserved by the Registrar of Copyrights.[4]

Copyright, a method of intellectual property law, has unique works of writing as well as literary, theatrical, musical, and creative works, such as poems, books, cinemas, tunes, computer software, and architecture. Copyright does not defend actualities, notions, structures, or means of process, although it may protect the way these things are articulated.

But it does not protect notions, ideas, schemes, or tactics of doing something. copyright in your justification, but be cognizant that copyright will not protect the idea itself as unprotected in your written or creative work.

THE COPYRIGHT ACT, 1957

According to Section 14 of the Act, “Copyright”[5] means the accurate theme to the necessities of this Act, to do or authorise the doing of any of the following acts in respect of a work or any significant part thereof, namely in the case of a fictional, theatrical or musical work, not being a computer programme,

  • to repeat the work in any material method with the storage of it in any standard by electrical means;
  • to question replicas of the work to the community not being replicas already in flow;
  • to show the work in civic, or connect it to the public;
  • to make any cinematograph movie or soundtrack in respect of the work;
  • to make any change of the work;
  • to make any edition of the work;
  • to do, in relation to a conversion or an edition of the work, any of the acts stated in relation to the work in sub clause (i) and (ii).[6]

HISTORY OF COPYRIGHT IN INDIA

Copyright law arrived India in 1847 through an enactment during the East India Company’s rule. According to the 1847 enactment, the term of copyright was for the period of the author plus seven years autopsy. But in no case could the total term of copyright exceed a period of forty-two years.[7]

The government could grant a compulsory licence to circulate a book if the owner of copyright, upon the death of the author, refused to allow its publication. The act of breaking comprised in a person’s unlawful printing of a copyright work for (or as a part of attempt of) “sale leasing, or exportation”, or “for selling, publishing or exposing to sale or leasing”. Suit or action for violation was to be introduced in the “highest local court exercising original civil jurisdiction.” [8]

The Act if provided precisely that under a contract of amenity copyright in “any encyclopaedia, analysis, journal, magazine or work issued in a sequence of records or parts” shall vest in the “owner, projector, issuer or provider.” Entering copies were restrained to be copies of the owner of copyrighted work. Significantly, unlike today, copyright in a work was not spontaneous. Registering of copyright with the Home Office was compulsory for the application of rights under the Act.

Copyright act

However, the Act also exactly kept the conservation of copyright in the author, and his right to sue for its infringement to the extent available in law other than the 1847 Act. In 1914, the then Indian legislature enacted a new Copyright Act which simply drawn-out most portions of the United Kingdom Copyright Act of 1911 [9]to India. It did, however, make a few minor alterations. First, it introduced criminal approvals for copyright infringement (sections 7 to 12)[10]. Second, it changed the possibility of the term of copyright; under section 4 [11]the “sole right” of the author to “produce, repeat, achieve or circulate a change of the work shall exist only for a period of ten years from the date of the first journal of the work.” [12]The author, however, retained her “sole rights” if within the period of ten years she published or authorized publication of her work a version in any language in respect of that language. The 1914 Act was continued with minor adaptations and changes till the 1957 Act was brought into force on 24th January, 1958.[13]

EVOLUTION OF COPYRIGHT IN INDIA

Before the Act of 1957, copyright protection was governed by the Copyright Act, 1914 which was the extension of British Copyright Act, 1911. The Act has been amended after 1957 in 1983, 1984, 1992, 1994 and 1999. In May 2012, both houses of the Indian Parliament entirely passed the Copyright Amendment Bill, 2012, bringing Indian copyright law into agreement with the World Intellectual Property Organization Treaties– the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).[14]The amendments made in Copyright (Amendment) Act 2012 can be majorly considered into:

(1) Amendments to rights in creative works, cinematograph movies and soundtracks. The amendments simplify the rights in creative works, cinematograph movies and soundtracks, by if that right to copy a creative work, to make a duplicate of a cinematograph movie or signifying a sound-tracks now comprises ‘storing’ of it in any standard by electrical or other resources and therefore report some of the modern digital era challenges.[15]

(2) WCT and WPPT linked amendment to rights The duty under Article 11 of the TRIPS Agreement, Article 7 of WCT and Article 9 of WPPT is to deliver for ‘marketable rental’ rights for computer programmes and cinematograph movies. This right was presented in section 14 by using the word ‘hire’. The term ‘hire’ in sections 14(d)&(e) with respect to cinematograph movie and soundtracking, correspondingly, is substituted with the term ‘marketable rental’. [16]The main reasoning behind the extra is to limit the option of rendering the term ‘hire’ to comprise non-marketable hire and also to keep in sync with the extra (1999 amendment) of the term ‘hire’ to ‘marketable rental’ with respect to computer programme in section 14(b).[17]

(3) Writer-friendly amendments on mode of Assignment and Licenses Section 18(1) offers that the holder of a copyright in any work or potential holder of a future work may assign the copyright, and the provision to this sub-section explains that in the case of upcoming work, assignment will come into force only when the work comes into being. [18]Another provision under S. 18(1), introduced through Amendment Act 2012, offers that the writer of a fictional or musical work shared in a cinematograph movie or sound tracking shall not give the right to obtain sovereigns in any form other than as a portion of the movie or soundtracking[19].

(4) Amendments enabling Admission to Works

  • Allowance of Necessary Licenses (Section 31B) [20].
  • Allowance of Legal Licenses (Section 31C) [21].
  • Rejection of copyright (Section 21)[22].

(5) Establishing enforcement and protecting against Internet piracy Section 53, bearing with overview of invading replicas, has been replaced with a new section provided that full boundary actions to reinforce implementation of rights by making facility to switch significance of invading replicas by the Customs Department, subtraction of invading replicas and supposition of writing under civil remedies. The new section 65A, presented for protection of technological protection measures (TPM) used by a copyright owner to protect his rights.[23] Section 65B[24]has been presented to give protection of rights administration info, well-defined under clause (Xa) of Section 2[25].

(6) Modification of Copyright Board and other slight amendments since the varied nature of matters being dispensed with by the Copyright Board, section 11 linking to the constitution of the Copyright Board has been revised to make it a body containing of a Chairman and two members.[26]

RELEVANCE OF COPYRIGHT LAWS IN INDIA

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 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. to creativity, which induces them to create more and motivates others to create.

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. [27]

CASE LAWS

Sajeev Pillai v. Venu Kunnapalli & Anr[28]

Question: Does the writer of a work have a specific right to assert his authorship under Section 57(1) of the Copyright Act even after the work has been allotted?[29]

Facts: Giving to the plaintiff, Sajeev Pillai, a scriptwriter and movie executive, he carved a writing for a film created on the classic and deliberate the past of the main festival Mamankam. He hit a contract with the Kunnapalli-allied Kavya Film Company after discussion with Venu Kunnapalli. After Sajeev was first termed executive, his service was concluded and he was substituted. After that, the film’s recording was done, and Sajeev appealed that this was proficient by changing, meandering, and cutting his script. In light of this, Sajeev filed a lawsuit and demanded a number of releases.

Judgement: In attainment of the decision, the Court jagged out that Section 57(1)[30] first subclause gives the writer the buff to execute limitations on third parties. The writer is allowed, under the second subsection, to compensations from such a third party for any alteration, mutilation, or other changes made to his work, as well as any other manner that would be harmful to his honour or status. Due to this, the plaintiff had a matchless benefit in the case and could remain to proclaim writing over the work even after conveying its copyright.

Author: Utkarsh Ajmera, Co author : Anika Tarar in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

[1] Copyright | Ministry of Electronics and Information Technology, Government of India, https://www.meity.gov.in/content/copyright (last visited Aug 28, 2024).

[2] Sec.13, Copyright Act, 1957.

[3] Sec.14, Copyright Act, 1957.

[4] Copyright law of India, https://copyrightservice.net/copyright/in (last visited Aug 29, 2024).

[5] Sec.14, Copyright Act, 1957.

[6] Sec.14, Copyright Act, 1957.

[7]Charul Tripathi, Historical development of law of copyright Copyright – Intellectual Property – India (2020), https://www.mondaq.com/india/copyright/978858/historical-development-of-law-of-copyright (last visited Aug 29, 2024).

[8]Indian Copyright Act, 1957,

https://www.education.gov.in/sites/upload_files/mhrd/files/upload_document/CprAct.pdf (last visited Aug 28, 2024).

[9]Copyright Act,1911.

[10]Sec.7-12, Copyright Act, 1911.

[11]Sec.4, Copyright Act, 1911.

[12]Sec.4, Copyright Act, 1911.

[13]Indian Copyright Act, 1957

[14]Indian Copyright Act, 1957

https://www.education.gov.in/sites/upload_files/mhrd/files/upload_document/CprAct.pdf (last visited Aug 28, 2024).

[15]Lawrence Liang, Fair Use of Cinematograph Films and Sound Recordings: Finding the Solution in the Amendment, http://docs.manupatra.in/newsline/articles/Upload/4679073E-10B9-48C6-A411-165A9A999D22.pdf (last visited Aug 28, 2024).

[16] The advantages of adherence to the WIPO Copyright Treaty, https://www.wipo.int/export/sites/www/copyright/en/docs/advantages_wct_wppt.pdf (last visited Aug 29, 2024).

[17] Wipo, World Intellectual Property Organization (WIPO) WIPO Lex (2012), https://www.wipo.int/wipolex/en/text/295578 (last visited Aug 29, 2024).

[18] Sec.18, Copyright Act, 1957.

[19] The Copyright Act, 1957 (14 of 1957), https://copyright.gov.in/documents/copyrightrules1957.pdf (last visited Aug 28, 2024).

[20] Sec.31B, Copyright Act, 1957.

[21] Sec.31C, Copyright Act, 1957.

[22] Copyright rules, 2013 & form, https://copyright.gov.in/Documents/Copyright_Rules_2013_and_Forms.pdf (last visited Aug 28, 2024).

[23] Sec.65A, Copyright Act, 1957.

[24] Sec.65B, Copyright Act, 1957.

[25] Sec.2, Copyright Act, 1957.

[26] Sec.11, Copyright Act, 1957.

[27] Copyright Act, 1957.

[28]  MANU/KE/5406/2019.

[29] Sec.51 A, Copyright Act, 1957.

[30] Sec.57(1), Copyright Act, 1957.

Leave a Reply

Categories

Archives

  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • February 2011
  • January 2011
  • December 2010
  • September 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010