Literary and Dramatic Work - A Musical Work - An Artistic Work

Copyright law
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.
Copyright Included :
• Literary and dramatic work
• A musical work
• An artistic work
• A cinematograph film
• A sound recording
• A photograph
• A computer generated work
Exclusive rights given to copyright holder
• To produce copies , reproduction of work , sell those copies
• To import and export the work
• To perform or display the work publicly
• To sell or assign these rights to others
• To transmit or display by radio or video
General rule
• Copyright lasts for 60 years:
• From the death of the owner :- Literary , musical, artistic , Dramatic
• From the date of publication :-Cinematograph films , sound recording

, photographs, posthumous publications , works of Government and
international organisations
What is copyright infringement
• Copyright infringement is the use or production of copyright
protected material without the permission of the copyright holder.
Copyright infringement means that the rights afforded to the
copyright holder, such as the exclusive use of a work for a set period
of time, are being breached by a third party.
Copyright infringement issues
• Technology :- Modern technology makes it relatively easy to copy a
product or information.
• International Issues :- Copyright infringement and the resulting laws
surrounding protection can vary from country to country, with
different options for recourse and different amounts of protection.
• Photography and Visual Assets :- With the advances in digital
imagery, it's become easier than ever to copy an image.
• The Internet :- The growing importance of the Internet has created
new obstacles for copyright holders.
When a copyright infringed?
• According to Section 51 of the Act, Copyright is deemed to be infringed if:
• A person without obtaining the permission of the copyright holder does

any act which only the copyright holder is authorised to do. • A person
permits the place to be used for communication, selling, distribution or
exhibition of an infringing work unless he was not aware or has no reason
to believe that such permission will result in the violation of copyright.
• A person imports infringing copies of a work
• A person without obtaining the authority from the copyright holder
reproduces his work in any form.
Copyright Infringement examples:-
• If a person uses someone’s song as background music in his/her
music video then he could be made liable for copyright
infringement.
• If a person downloads movies or songs from an unauthorized source
then it will amount to copyright infringement.
• A person is free to record a TV program to view it later, but if he
transfers or distributes it to others then it becomes a copyright
infringement.
Exceptions to infringement
• Copyright Act, 1957 provides for certain exceptions to infringement of copyright, under
Section 52. The provision permits limited use of copyright material without the owner’s
authorization.
• 52. Certain acts not to be infringement of copyright. —

• (1) The following acts shall not constitute an infringement of copyright, namely, — • [(a)
a fair dealing with any work, not being a computer programme, for the purposes of— • (i)
private or personal use, including research;
• (ii) criticism or review, whether of that work or of any other work;
• (iii) the reporting of current events and current affairs, including the reporting of a lecture
delivered in public.
Civil Remedies for Copyright Infringement
• The civil remedies for copyright infringement are covered under Section 55 of
the Copyright Act of 1957. The different civil remedies available are:-
• 1) Interlocutory Injunctions :- The most important remedy is the grant of an
interlocutory injunction. In most case the application filled is for interlocutory
relief and the matter rarely goes beyond the interlocutory stage. There are
three requirements for there to be a grant of interlocutory injunction – Firstly,
a prima facie case. Secondly, there needs to be a balance of convenience.
Finally, there needs to be an irreparable injury.
Continued..
2) Pecuniary Remedies :- Copyright owners can also seek three pecuniary
remedies under Section 55 and 58 of the Copyright Act of 1957. First, an
account of profits which lets the owner seek the sum of money made
equal to the profit made through unlawful conduct. Second,
compensatory damages which let the copyright owner seek the damages
he suffered due to the infringement. Third, conversion damages which are
assessed according to the value of the article.
3) Anton Pillar Orders :- The Anton pillar order gets its name from the
holding in Anton Pillar AG V. Manufacturing Processes. The following
elements are present in an Anton Pillar Order – First, an injunction restraining
the defendant from destroying or infringing goods. Second, an order
permitting the plaintiff’s lawyer to search the defendant’s premises and take
goods in their safe custody. Third, an order that the defendant be directed to
disclose the names and addresses of suppliers and consumers
Continued..
• 4) Mareva Injunction :- The Mareva injunction comes into play when the
court believes that the defendant is trying to delay or obstruct the
execution of any decree being passed against him. The court has the power
to direct him to place whole or any part of his property under the court’s
disposal as may be sufficient to satisfy the decree. This is provided in Order
XXXVIII, Rule 5 of The Civil Procedure Code, 1908.
5) Norwich Pharmacal Order :- The Norwich Pharmacal Order is usually
passed when information needs to be discovered from a third party.
Criminal remedies
Under the Copyright Act, 1957 the following remedies are provided for
infringement:
• Imprisonment up to 3 years but, not less than 6 months

• Fine which may not be less than 50,000 but, may extend up to
2,00,000
• Search and seizure of infringing goods
• Delivery of infringing goods to the copyright owner
Doctrine of Fair dealing
• Fair dealing is a significant limitation on the exclusive right of the copyright
owner. It has been interpreted by the courts on a number of occasions by
judging the economic impact it has on the copyright owner. Where the
economic impact is not significant, the use may constitute fair dealing. The fair
nature of the dealing depends on the following four factors:
• the purpose of use;

• the nature of the work;
• the amount of the work used, and
• the effect of use of the work on the original.

Literary and Dramatic Work - A Musical Work - An Artistic Work

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Copyright law

The Copyright Act, 1957 protects original literary, dramatic,

• From the date of publication :-Cinematograph films , sound recording

• A person without obtaining the permission of the copyright holder does

• 52. Certain acts not to be infringement of copyright. —

private or personal use, including research;

• (ii) criticism or review, whether of that work or of any other work;

• Imprisonment up to 3 years but, not less than 6 months

• the purpose of use;

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