Copyright Act: Comprehensive Notes
Key Facts & Origin
- First Enactment: Indian Copyright Act, 1914
- Current Legislation (Date of Publish): Copyright Act, 1957 (amended several times)
- Parent Organisation / Implementing Authorities: Copyright Office and Copyright Board of India
- International Affiliations: TRIPS Agreement, Berne Convention
Definition and Main Features
As per Section 14 of the Copyright Act, 1957, copyright is a set of exclusive rights granted to creators of literary, dramatic, musical, and artistic works, as well as producers of cinematograph films and sound recordings. It is not a single right but a bundle of rights.
- Creation of a Statute: It is a statutory right, not a natural or common law right.
- Form of Intellectual Property: Protects products resulting from the investment of human intellect.
- Monopoly Right: It is prohibitory/negative in nature, restraining others from exercising the rights conferred solely upon the owner.
Functions and Rights of the Copyright Owner
The rightful owner (e.g., author, composer, artist, producer, or the person causing a computer-generated work to be created) possesses the following exclusive rights:
- To reproduce the work in any material form, including electronic storage.
- To issue copies to the public, perform, or communicate the work publicly.
- To create translations, adaptations, or cinematograph films based on the work.
- To assign, transmit, relinquish, or license the copyright.
- To institute proceedings for the recovery of infringed copies.
Registration and Assignment (Sections 44 to 50)
Steps for Registration:
- The interested person files an application with the prescribed fee to the Registrar of Copyrights (trade mark certificate required for artistic works used as trade marks).
- The applicant must give notice to any person who claims an interest or disputes the rights.
- If no objection is received within 30 days, the Registrar enters the particulars in the Register of Copyrights.
- If objections arise, the Registrar holds an inquiry before making an entry.
- Appeals against the Registrar's decision can be filed to the Copyright Board within three months.
Assignment: An owner can assign copyright (wholly or partially) for existing or future works. It must be in writing, signed by the assignor, and specifically identify the work, the rights, duration, and territorial extent (presumed to be India if not specified).
Term of Copyright (Sections 22 to 29)
Once a copyright expires, the work enters the public domain. The duration varies by subject matter:
- Published Literary, Dramatic, Musical, and Artistic Works: Lifetime of the author plus sixty (60) years after their death. (For joint authors, it is 60 years after the death of the last surviving author).
- Anonymous and Pseudonymous Works: Lifetime plus 60 years after the author's death.
- Posthumous Works: 60 years after the death of the author.
- Cinematograph Films & Sound Recordings: 60 years from the beginning of the calendar year following the year of publication.
- Government / Public Undertaking / International Organisation Works: 60 years from the beginning of the calendar year following the year of first publication.
Infringement and Remedies
Infringement occurs when someone exercises the exclusive rights of the owner (like reproduction, public performance, commercial sale, or hire) without permission or a valid license.
Guidelines for Measuring Infringement (R.G Anand vs Delux Films, 1978):
- There is no copyright in an idea, theme, plot, or historical fact. Copyright only protects the form, manner, arrangement, and expression of the idea.
- If a similar idea is developed in a distinctly different manner, it does not constitute infringement.
Remedies against Infringement:
- Pecuniary/Civil Remedies: Includes 'account of profits' (recovering the unlawful profit), compensatory damages for the loss suffered by the owner, and conversion damages based on the value of the infringing articles.
- Injunctions: Court orders (such as those seen in Zee Telefilms Ltd. v Sundial Communications) to stop the unauthorized use or telecast of the material.