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Module 01: The Copyright Act, 1957

1. Definition of Copyright, Objectives of Copyright Protection, Nature of

Copyright
2. Copyright and Socio-Economic Development
3. Copyright Law in India – History and Evolution
4. Works in which Copyright subsists – Subject matter of Copyright, Authorship
and Ownership of Copyright
5. Authorities under the Copyright Act, 1957, Registration of Copyright, Term
of Copyright, Provision for Appeals.
6. Rights Conferred by Copyright, Limitations and Exceptions to Copyright
Protection
7. Assignment, Transmission, Licenses and Relinquishment of Copyright
8. Copyright Societies, International Copyright
9. Piracy and Infringement of Copyright Test of Copyright Protection,
Remedies against Infringement.
10. Related Rights - Rights of Performers and Broadcasting Organizations,
Economic Rights and Moral Rights of Authors.

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1. Definition of Copyright, Objectives of Copyright Protection, Nature of

Copyright

DEFINITION OF COPY RIGHT

The word copyright is a mixture of two words – ‗copy‘ and ‗right‘. To be more precise copyright
means ‗right to copy‘, wherein only the creator or his authorised person has a right to reproduce
a work. In simple words, a legal right which is possessed by the owner of Intellectual property is
a copyright.

In order to better understand the concept of copyright the elaboration must be taken into
consideration. With the help of a significant mental or intellectual ability, when a person creates
a unique product that product is viewed to be original. The unique creations including websites,
computer software, musical lyrics, art, literature, poetry, graphic designs, musical compositions,
novels, original architectural design, films, etc. Further, a copyright is a safeguard which protects
an original work from getting duplicated.

When any work is exclusively created by the independent intellect of a creator without any
duplication is called Original Work of Authorship (OWA). Anyone who is the original creator of
any work he automatically has a right over it and also can prevent anyone else to use it or copy it
or replicate it for his own use.

The creator may voluntarily register for copyright if the creator wants to be secured end and have
an upper hand in the legal system. By registering this the creator can file a suit against a person
replicating his work.

Concepts such as discoveries, slogans, brand names, logos, concepts, domain name, theories, and
tiles are all excluded from the purview of copyright and falls under the category of trademarks
and patents. For any speech, idea, discovery etc. to a copyright needs to be written down in a
physical form.

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This concept helps the creators and the artist to work fearlessly and create original products,
which are not subjected to replication by any other person

14. Meaning of Copyright.— For the purposes of this Act, ―copyright‖ means the exclusive
right subject to the provisions of this Act, to do or authorise the doing of any of the following
acts in respect of a work or any substantial part thereof, namely:—

(a) in the case of a literary, dramatic or musical work, not being a computer programme,—

Sec 2(o) “literary work” includes computer programmes, tables and compilations including
computer databases

Sec 2(h) “dramatic work” includes any piece for recitation, choreographic work or
entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in
writing or otherwise but does not include a cinematograph film;

Sec 2(p) “musical work” means a work consisting of music and includes any graphical
notation of such work but does not include any words or any action intended to be sung,
spoken or performed with the music

(i) to reproduce the work in any material form including the storing of it in any medium by
electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

Sec.2(dd) “broadcast” means communication to the public— (i) by any means of wireless
diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by
wire, and includes a re-broadcast;

(ff) “communication to the public” means making any work or performance available for
being seen or heard or otherwise enjoyed by the public directly or by any means of display or
diffusion other than by issuing physical copies of it, whether simultaneously or at places and
times chosen individually, regardless of whether any member of the public actually sees,

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hears or otherwise enjoys the work or performance so made available. Explanation.— For the
purposes of this clause, communication through satellite or cable or any other means of
simultaneous communication to more than one household or place of residence including
residential rooms of any hotel or hostel shall be deemed to be communication to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

Sec.2 *(f) “cinematograph film” means any work of visual recording 5 ****+ and includes a
sound recording accompanying such visual recording and “cinematograph” shall be construed
as including any work produced by any process analogous to cinematography including video
films;]

(xx) “sound recording” means a recording of sounds from which such sounds may be produced
regardless of the medium on which such recording is made or the method by which the
sounds are produced;] 8

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

Sec 2 (a) “adaptation” means,-

(i) in relation to a dramatic work, the conversion of the work into a non-dramatic work;

(ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic
work by way of performance in public or otherwise;

(iii) in relation to a literary or dramatic work, any abridgement of the work or any version of
the work in which the story or action is conveyed wholly or mainly by means of pictures in a
form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;3
(iv) in relation to a musical work, any arrangement or transcription of the work; and

(v) in relation to any work, any use of such work involving its rearrangement or alteration;

(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in
relation to the work in sub-clauses (i) to (vi)

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Sec.14 (b) in the case of a computer programme,—

(i) to do any of the acts specified in clause (a);
(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the
computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where
the programme itself is not the essential object

Sec.2 (ffb) “computer” includes any electronic or similar device having information processing
capabilities;
Sec.2 (ffc) “computer programme” means a set of instructions expressed in words, codes,
schemes or in any other form, including a machine readable medium, capable of causing a
computer to perform a particular task or achieve a particular result;

Sec.2 (fa) “commercial rental” does not include the rental, lease or lending of a lawfully
acquired copy of a computer programme, sound recording, visual recording or
cinematograph film for non-profit purposes by a non-profit library or non-profit educational
institution;
Explanation.— For the purposes of this clause, a “non-profit library or non-profit educational
institution” means a library or educational institution which receives grants from the
Government or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).]

Sec.14 (c) in the case of an artistic work,—

(i) to reproduce the work in any material form including—

(A) the storing of it in any medium by electronic or other means; or

(B) depiction in three-dimensions of a two-dimensional work; or

(C) depiction in two-dimensions of a three-dimensional work;]

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

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(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to adaptation of the work any of the acts specified in relation to the work in
sub-clauses (i) to (iv);

Sec.2(c) “artistic work” means,—

(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or
a photograph, whether or not any such work possesses artistic quality;

(ii) a work of architecture; and

(iii) any other work of artistic craftsmanship;

(b) “work of architecture” means any building or structure having an artistic character or
design, or any model for such building or structure;

(i) “engravings” include etchings, lithographs, wood-cuts, prints and other similar works, not
being photographs;

(s) “photograph” includes photo-lithograph and any work produced by any process analogous
to photography but does not include any part of a cinematograph film

(za) “work of sculpture” includes casts and models.

Sec.14 (d) in the case of a cinematograph film,—

(i) to make a copy of the film, including—

(A) a photograph of any image forming part thereof; or

(B) storing of it in any medium by electronic or other means;]

(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film;]

(iii) to communicate the film to the public;

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Sec.14 (e) in the case of a sound recording,—

(i) to make any other sound recording embodying it including storing of it in any medium by
electronic or other means;

(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound
recording;

(iii) to communicate the sound recording to the public

OBJECTIVES OF COPYRIGHT PROTECTION

India passed Copyright Act in 1957 and consequent upon India signing GATT and later WTO
and entering the global market economy, a number of changes have been made in the Copyright
Act of 1957 mainly in 1994, 2002 and 2012.

Copyright cannot be granted for all types of original works.

Following are the examples:

(i) There is no copyright for idea. Copyright subsists only in the material form in which the ideas
expressed.

(ii) It is not an infringement of copyright to use the idea or concept of another in a different
manner.

(iii) There is also no copyright in live events. For example, no license is required to transmit the
programmes of sporting events and news events.

Objectives:
The Indian Copyright Act, 1957 is enacted with the following two main objectives:
1. Encouragement to the Original Work:
The main objective of the Copyright Act is to encourage authors, composers, artists, and
designers to create original works by rewarding them with the exclusive right for a limited period
(usually for the life of the originator plus 50 years) to exploit the work for monetary gain.

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The economic exploitation is done by licensing such exclusive rights to the entrepreneurs like
publishers, film producers and record manufacturers for a monetary consideration. In reality,
people who economically exploit the copyright are the greater beneficiaries of the copyright law
than the creators of works of copyright. The publishers and authors of books are such examples.

2. Protection to the Originator:

The objective of copyright law is also, in essence, to protect the author or the creator of the
original work from the unauthorized reproduction or exploitation of his/her materials. The right
also extends to prevent others from exercising without authority any other form of right attached
to copyright, for example, in case of literary work, the right of translation, adaptation or
abridgement.

In the recent times, with the rapid advance of technology, copyright infringement in the form of
‗piracy‘ has become a serious problem of international in character. This is because the
technological progress has made reproduction of copyright material easy and cheap.

As a consequence, cassettes sales of pirate recordings in 1997 were estimated at 174 million
units with a value of some 83 million dollars, making India the World‘s third largest piracy
market in volume and sixth in value. Sales through piracy in India account for nearly 30% of
total unit sales which was as high as 80% during the eighties. Piracy of compact discs is also
becoming a serious problem in India.

Owning to the international character of copyright, various countries have joined to form
conventions for the protection of copyrights owned by its nationals in other countries. The Berne
Convention for the Protection of Literacy and Artistic Works is the result of such joint effort.
India is a member of two of such conventions.

Accordingly, the Indian copyright owners can protect their copyright in almost in any country in
the world. The appropriate actions taken under the Copyright Act 1957 can stop infringement of
copyright. Infringement of copyright is also an offence punishable with imprisonment and fine.

NATURE AND PURPOSE OF COPY RIGHT

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The copyright law encourages authors, composers and artists in creation of original work
by incentivizing them with an exclusive right to reproduce the works. The creation by the author
and protection of their creative works is the whole and prime concern of the object of copyright
law. The right is granted to the author for a limited period of time. Copyright rest on the basic
principle that the creativity needs to be rewarded and authors who produce such work should be
able to live by their creative skills and efforts.

Copyright ensures to balance the interests of society as a whole to fully participate in the
scientific and cultural progress of mankind by two means firstly, limiting the duration for which
a work enjoys copyright protection and secondly, allowing certain uses without specific
authorization by the owner of copyright, known as fair use. Whereas, the Act provides for
exclusive rights in favor of owners of the copyright, there are provisions where it has been
recognized that public has also substantial interest in the availability of the works. Copyright is
granted to authors and artists to protect their creative expression against unauthorized copying or
reproduction.

However copyright does not establish monopoly relating to the contents of the creation as
patent does. Ideas and thoughts remain in the public domain and can be freely used in different
forms of expression. A person who independently creates a work identical or similar to that of
the first author is entitled to produce and distribute his or her independent creation. Protection
granted by copyright is of longer duration than under the patent law, which is justified, as
copyright, is considered weaker than patent as it does not preclude independent creation. It is the
long term of protection which encourages the authors to create more works of literature, music
and art. The Act seeks to maintain a balance between the interest of the author/owner of the
copyright in protecting his works on the one hand and the interest of the public to have access to
the works, on the other. What requires protection is unlawful reproduction of the author‘s work
by others.

The extent to which the owner is entitled to protection in his work and the interest of the
public are matter which would depend upon the statutory provisions. There is no doubt
whatsoever that a literary, artistic or musical work is the creative work of an author, the fruit of
his labour and thus, considered to be his property. A copyright is a right created under the Act, as
is evident from Section 16 thereof.

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When an author of a copyright claims a copyright, it is subject to the provisions of the

Act. The rights and obligations of the author ought to be established within the four corners of
the Act

2. Copyright and Socio-Economic Development

INTRODUCTION

Copy rights have great importance in the growth of a country. Copy rights law is different
in all countries. In many developed countries, the strict enforcement of the Copy rights has a
huge contribution to economic growth. Copy right promotes innovation which leads to economic
growth. Nowadays every business in the world is the creation of Innovation. The current era has
realized the importance of Copy rights laws. It is not only innovation but also the name which
matters in today‘s world. The name carries huge value in the form of goodwill. Some companies
just sell their name in exchange for a huge amount of money. Copy rights have a great influence
on the financial improvement of a nation. The Copy rights can play both negative and positive
growth in economic development. It is very important to protect the interest and rights of people
to evolve in innovation and creation which is directly linked to the development and growth of
the country.

SOCIO-ECONOMIC DEVELOPMENT

The role of Copy rights in the economy are:

 To provide exclusive rights to the and to protect the interest of the creator and encourage
investment in research and information creation;
 Forbid the competitors or anybody from exploiting or misuse the property without the
permission of the creator; and
 To create a market for that invention so that it could be given to good use and will
motivate others to innovation and creation.

Now, this is economical to use new creation and idea because it directly affects the material cost
of the product. So, it is very important to keep updating the technology and the innovation. If

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there will be a good IPR statute to protect the interest of the people then it will discourage others
to exploit the same. Not only a good law but enforcement of that law is important too. There is
no good in having a strict law if it cannot be enforced properly. The loopholes and weak laws
can be misused and will be exploited which will lead to less innovation. IPR law must
discourage individuals from exploiting the property.

Now IPR provides exclusive rights to the owner or creator of the property. The owner can decide
the fair value and can sell them to anyone. A healthy return to developers will encourage him and
others to make new innovations and likewise, we can promote innovation. But this right can also
be exploited by the owner, the person or company can charge way more than the marginal cost.
This exclusive right can create a monopoly in the market. Monopoly leads to inequality and
disparity in the market in both consumption and production. The legal system has IPR as well as
antitrust sections. Competition has its very important role in the market, it keeps checks in the
market, and it affects consumer satisfaction. There are some big giants in the market who has
absolute power in the market. They have the power resources to control and manipulate the
market. The market is made from consumer-producer and developers and IPR gives rights and
protection to developers and greater which keeps competition alive. There must be a balance
between in the market. IPR can be used as a tool to maintain balance in the market. IPR not only
gives exclusive rights to the owner but also provides authority to transfer his right to use to
others so that the person can authorize anyone to use it in exchange for money.

A country like India which is one of the most developing economies in the world must focus on
raising productivity in the market. India has always been known for outstanding services to the
rest of the world. One can increase productivity by improving technology and method.
Innovation needs investments, it required a great amount of investment, these are expensive but
have an important role in investment. We can see and learn from developed countries like the
USA and Japan in which the rate of development increased by 5 times after the implementation
of Intellectual property laws.

Now there are various theories that suggest that IPR has an adverse effect on the economy. In
China in the 1980s, trademark infringement negatively affected Chinese innovative enterprises.
The local companies started exploiting the well-established company by making counterfeited
products and by launching them in the market.
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Copyright violations have a similar impact. In countries where copyright laws are weak pirate
firms start exploiting the law and the market. Though low-quality copies or pirated copies would
be available in the market the technological development would be hampered which will directly
affect the economy. IPR laws should provide incentives for both the producers and consumers to
invest in the market. This also assures quality, which is important for safeguarding the interests
of the customers. The counterfeit or fake products of beverages, food products, cosmetics, and
medicines can be hazardous to customers.

After the introduction of Trade-Related Intellectual Property Rights (―TRIPS‖) the market
started changing. The act started to provide space for operation and opportunities to the
companies for innovations. The private sector has started investing in Research and
development. After the implementation of TRIPS, the number of patents filled in India has
increased.
Drawback and Misuse of IPR on Economic Development

The biggest drawback of IPR is it sometimes it restricts the technology to be used in the
best suitable way. The person who is holding rights sometimes misuses their rights. They can
charge according to their will and because of protection under IPR that innovation cannot be
used by the competitors. Competition is the most important factor for the development of an
economy. The spirit of competition keeps check and balance on price and as well as on the
quality of the product. But IPR laws are against the principle of competition.

IPRs laws create a monopoly in the market. It supports monopoly, Law like copyright,
trademark, and patents are creating barriers for the competitor to use the innovation. Competition
makes sure that producer must think about the benefit and satisfaction of the consumer, because
if the consumer is not satisfying then he or she can shift to other competitors in the market. The
producer can charge any price and it can directly affect the consumer and the market. This is the
law of demand that if the price is high then the demand will be low. But this law does not apply
when there is a monopoly in the market. The consumer will get no other options and have to buy
the product at the price determined by the producer. Due to competition, the producer is forced to
charge not much more than the marginal cost.

CONCLUSION

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The law is made for society, not vice versa. All the laws are made for the benefit and betterment
of society. Every law has its positive as well as negative effects on society. Article 31 of the
TRIPS Agreement provides for the grant of compulsory licenses, in the interest of public health
in case of national emergency Anti-competitive practice. So, in India, the Intellectual Property
Right law doesn‘t make the market rigid at the same time dynamic in nature.

3. Copy Right Law in India: History and Evolution

Modern copyright law developed in India gradually, in a span of 150 years. The first
brush of India with copyright law happened in 1847 through an enactment during the East India
Company‘s regime. The Act passed by Governor-General of India affirmed the applicability of
English copyright law to India. According to the 1847 enactment, the term of copyright was for
the lifetime of the author plus seven years post-mortem and could not exceed forty- two years on
the whole. Though the author refused publication after his death, the Government had the
authority to give license for its publication. The act of infringement was inclusive of
unauthorized printing of a copyright work for ―sale, hire or export‖, or ―for selling, publishing or
exposing to sale or hire‖. The suit for infringement under this act could be instituted in the
―highest local court exercising original civil jurisdiction‖.

The Act also specifically provided that under a contract of service copyright in ―any
encyclopedia, review, magazine, periodical work or work published in a series of books or parts‖
shall vest in the ―proprietor, projector, publisher or conductor‖. It was deemed that the copies of
the infringed work were the property of the proprietor of the copyrighted work for all purposes.
Most importantly, the copyright in a work was not automatic unlike today. Registration of the
work with Home Office was mandatory for the protection of rights under this enactment.
However, the Act specifically reserved the subsistence of copyright in the author, and his right to
sue for its infringement to the extent available in any other law except 1847 Act. At the time of
its introduction in India, copyright law had already been in the developing stage in Britain for
over a century and the provisions of the 1847 enactment were reflected in the later enactments.
The Copyright Act 1911, while repealing earlier statues on the subject, was also made applicable
to all the British colonies including India. In 1914, the Indian Copyright Act was enacted which
modified some of the provisions of Copyright Act 1911 and added some new provisions to it to
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make it applicable in India. The Indian Copyright Act 1914 remained applicable in India until it
was replaced by the Copyright Act 1957.

4. Works in which Copyright subsists – Subject matter of Copyright,

Authorship and Ownership of Copyright

WORKS IN WHICH COPY RIGHT SUBSIST

I. Literary work

Literary works are protected by copyright as they are present in physical form. Literary
works include books, magazines, newspapers, journals, anthologies, novels, computer software
and programmes, letters, e-mails, poetry, lyrics of songs, tables and compilations. Literary works
are not only confined to the above mentioned things but also abstracts, encyclopedia entries,
dictionary meanings and individual poems are protected within the shield of copyright laws.

Term of Copyright

In case of a copyright pertaining to literary work both published and unpublished the
creator/ author owns the copyright which extends to his lifetime plus 60 years after his death.

Ownership

The author or the creator of a work is generally regarded as an owner of a work in case of
literary works.

II. Dramatic work

Dramatics includes within itself dance, mime covering screenplays, ballets, operas etc.
Copyright in the field of dramatic safeguards the creators, composers, choreographers,
dramatists, poets, author and other from replication of their work. The different types of
published and unpublished work may be submitted for registration including pantomimes,
treatments, plays, choreography and scripts prepared for radio, cinema and television. They may
be with music or without music.

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Usually, dramatic scripts are intended to be performed including spoken text, plot and
direction of action etc. It however needs to be understood that all dramatic work cannot get a
copyright. A few dramatic works are exception to it namely, title or series of a programme.

Copyright protects dramatic expressions of a creator but not the general idea of a work.
Present work/ script can only be given copyright and not the future scripts/ works. In order to get
the copyright of a dramatic work, a copy of Manuscript, Printed copy, Film recording, Video
recording, Phonorecord are treated as a physical script. The registration of the work gets effect
on the day when all the above mentioned material is submitted in the Copyright Office in the
prescribed format.

III. Musical Work

Musical work means a work which consists of music and for a work to be musical it
requires a combination of graphical notations. However, it excludes any actions or words which
are intended to be sung/ spoken with the music.

Composer

The author of the musical work is known as a composer. Composer is a person who
composes the music irrespective of the fact that the music is recorded in any form of graphical
notations or not.

Term of copyright

The copyright for the musical work extends to the lifetime of the author plus 60 years
after the author dies. However in case of joint authorship the duration is counted after the death
of the last author.

IV. Sound recordings

Sound recordings which comprises of any person‘s speech, song sung by any person with
or without music, any audio or any podcast. The sound recordings are subjected to copyright.

Producer

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The author of sound recording is known as producer. The producer of any sound has a
right to register himself as the owner of that sound recording which is created by his intellect.

Term of copyright

The copyright usually lasts for 60 years. However, in the case of sound recording
copyright extends to the lifetime of the producer plus 60 years after the death of the creator.

V. Cinematograph films

Cinematograph film includes a plethora of activities namely: Any work of visual

recording displayed on any medium from which any moving object can be visualized, work
involving sound recordings.

Stages of protection of cinematography under copyright

Pre- production

Before any film is produced a humongous number of preparation is done which included
casting and crewing, scripting, screenplay, shoot schedules, location, rehearsals etc. and here it
needs a very strict rules and a legal backing so that nothing can be replicated.

Post-production

Once the film is released it becomes the prime necessity to protect it from replication.

Rights of the owner

 Reproduction right
 Distribution and rental rights
 Synchronisation rights
 Derivative working rights
 Broadcasting rights
 Right of adaptation and translation
 Display rights

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Another interesting fact in this topic is related with piaracy which is called as ‗copyleft‘. The
owner has the right to avoid it and sue the person who does the work of piaracy.

3. AUTHOR AND FIRST OWNER OF COPYRIGHT

Copyright is considered to be a sui generis right which means that a person who is a
creator of a thing using his intellect is the prime owner of that thing and has an immediate right
over it. Moreover, in accordance with Section 17 of the Copyright Act, 19i7 is concerned with
the 1st owner of any work. In the case of literary works such as content published online, books,
computer software, public speeches etc. in these cases the author is considered to be the first
owner of the work. In the case of dramatic, artistic or any musical work the author is the 1st
owner of that piece of work. The cases pertaining to art which includes sculptures, paintings,
drawings (envisaging, architectural drawing and planning) the creator is the 1st owner of that
work. In the cases pertaining to cinematography, the producer is the 1st owner of the work. As
we all know cinematography involves plethora of activities such as lyrics of songs, scripts,
artistic and dramatic work, for this purpose the respective authors shall be the owners. However,
in the case of sound recording the producer will be the owner.

If in case any of the above work is done by any person under a contract then the owner of
the work will be according to the terms of the contract. For all that work which is created by the
employee during the course of employment then the employer shall be the 1st owner of that
work. Similarly any work created by a partner in the course of business the work will be counted
under partnership. For instance, if any advocate draft something while working in a law firm that
creation of draft will be owned by that law firm.

Lastly, any speech delivered publically, the speaker is the only owner of that speech,
irrespective of the fact that it was arranged by someone else or it was given under the employer.

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5. Authorities under the Copyright Act, 1957, Registration of Copyright, Term
of Copyright, Provision for Appeals.

Authorities under the Copyright Act, 1957

The Indian copyright legislation provides for three important authorities and institutions for
registration of copyright, effective protection of copyright and also for better enforcement of the
copyright of owners and others. They are:

(1) Copyright office

(2) Copyright Board

(3) Copyright Societies

What is a copyright office?

Section 9 of The Act establishes a Copyright Office, which shall be under the immediate control
of the Registrar of Copyrights, who shall act under the superintendence and direction of the
Central Government. A common seal is assigned for the Copyright Office. The Copyright
Act,1957 Sec.10 also enumerates the appointment of such Registrar of Copyrights, that is, by the
Central Government. It also gives power to the Central Government to appoint one or more
Deputy Registrar of Copyrights to carry out functions under the superintendence and direction of
the Registrar of Copyrights as the Registrar may, from time to time, assigned to him under this
Act. The Copyright Office is presently located at New Delhi or other regional offices where the
Registrar of Copyrights, headed by the Registrar of Copyright maintained to provide registration
for all types of work.
Registrar of Copyrights
The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of
Civil Procedure in respect of the following matters, namely, summoning and enforcing the
attendance of any person and examining him on oath; requiring the discovery and production of
any document; receiving evidence on affidavit; issuing commissions for the examination of
witnesses or documents; requisitioning any public record or copy thereof from any court or
office; any other matters which may be prescribed.

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Copyright Registrar primarily serves as an office of record, a place where claims to copyright are
registered and documents related to copyright are recorded. The purpose is to furnish information
about the provisions of the copyright law and the procedures for making registration, to explain
the operations and practices of the Copyright Office, and to report on facts found in the public
records of the Office.

COPYRIGHT BOARD OR APPELLATE BOARD

Section 11 of the Copyright Act, 1957 provides for the establishment of the ―Copyright Board‖
or now termed as the ―Appellate Board‖ from 26th May 2017. It is a quasi-judicial body
constituted by the Central Government. In accordance with Section 11 of the Copyright Act,
1957, the Appellate Board shall be the same board as established under Section 83 of the Trade
Marks Act, 1999, that is, a board constituted by the Central Government, by notification in the
Official Gazette, to be known as the Intellectual Property Appellate Board to exercise the
jurisdiction, powers and authority conferred on it by the Act.
As per section 12 of the Act the Board consists of a Chairman and other members. The person to
be appointed as a Chairman of the Copyright Board shall be qualified to hold the office of a
judge of a High Court or could be holding such position or must have held. There is no
qualification mentioned about the members of the Board. The Chairman and the members shall
hold their office for five years. The members as aforesaid shall be eligible for reappointment.
The Board shall be deemed to be a civil court for the purposes of Sections 345 and 346 of
the Code of Criminal Procedure, 1973 and all proceedings before the Board shall be deemed to
be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code.
POWERS AND PROCEDURE OF THE COPYRIGHT BOARD
The Appellate Board may exercise and discharge its powers and functions through
Benches constituted by the Chairman of the Appellate Board from amongst its members.
Provided that, if the Chairman is of opinion that any matter of importance is required to be heard
by a larger bench, he may refer the matter to a special bench consisting of five members.
The Board has been entrusted with the following powers and functions. These include the power
to:
 Possess certain powers of Civil Court (Sec.74)

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Such powers as exercised by a civil court under the Code of Civil Procedure, 1908, in respect of
the following matters, namely, summoning and enforcing the attendance of any person and
examining him on oath; requiring the discovery and production of any document; receiving
evidence on affidavits; issuing commissions for the examination of witnesses or documents;
requisitioning any public record or copy thereof from any court or office and any other matter
which may be prescribed.

 Hear appeals against the orders of the Registrar of Copyright (Sec.72)

Such an appeal must be filed by the aggrieved party within three months of such decision or
order of the Registrar of Copyright.

Also, any person aggrieved by a final decision or order of the Appellate Board (not being a
decision or order made under Section 6 and an appeal under sub-section (1) of Section 72, may,
within three months from the date of such decision or order, appeal to the High Court within
whose jurisdiction the appellant actually and voluntarily resides or carries on business or
personally works for gain.

 Adjudicate upon disputes on assignment of copyright (Sec.19-A)

The Appellate Board may, on receipt of a complaint from the assignor and after holding such
inquiry as it may deem necessary, revoke such assignment. If any dispute arises with respect to
the assignment of any copyright, the Appellate Board may, on receipt of a complaint from the
aggrieved party and after holding such inquiry as it considers necessary, pass such order as it
may deem fit, including an order for the recovery of any royalty payable. Every complaint
received shall be dealt with by the Appellate Board as far as possible and efforts shall be made to
pass the final order in the matter within a period of six months from the date of receipt of the
complaint and any delay in compliance of the same, the Appellate Board shall record the reasons
thereof.

 Regulate its own procedure : ( Sec.12(1))

The Appellate Board has the power to regulate its own procedure, including the fixing of places
and times of its sittings, subject to certain conditions and the provisions of the Copyright Act,

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1957. The Appellate Board may exercise and discharge its powers and functions through
Benches constituted by the Chairman of the Appellate Board from amongst its members.

 Grant compulsory licence to publish or republish works (in certain circumstances):

(Sec.31(B))
The Board may grant compulsory licence to publish or republish works for the benefit of the
disabled persons, on an application by such person.

 Grant compulsory licence to produce and publish a translation of a literary or dramatic work
In any language after a period of seven years from the first publication of the work

 Hear and decide disputes as to whether a work has been published or about the date of
publication or about the term of copyright of a work in another country;
Fix rates of royalties in respect of sound recordings under the cover-version provision
(Sec.31(C))
One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand
copies of each work during each calendar year in which copies of it are made. The Appellate
Board may, by general order, fix a lower minimum in respect of works in a particular language
or dialect having regard to the potential circulation of such works.

 Fix Resale Share

The Appellate Board may fix the resale share right in original copies of a painting, a sculpture or
a drawing and of original manuscripts of a literary or dramatic or musical work.

Hear applications for rectification of entries in the Register of Copyrights: (Sec.50)

The Appellate Board, on application of the Registrar of Copyrights or of any person aggrieved,
shall order the rectification of the Register of Copyrights by— the making of any entry wrongly
omitted to be made in the register, or the expunging of any entry wrongly made in, or remaining
on the register, or the correction of any error or defect in the register.

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REGISTRATION OF COPY RIGHT

Copyright registration creates a public record. It tells the world that your work is
protected by copyright and also enables a person who wants to licence your work to find you. It
enables you to file a lawsuit and take legal action against someone who infringes your copyright,
say by selling copies of your work without your permission. It provides you with economic
benefits by entitling you to use your work in various ways like making copies, performing in
public, broadcasting your work etc, and availing appropriate reward for it.

Thus, it provides you with a reward for your creativity. It allows you to sell or pass the
rights of your work. It allows you to get legal evidence of your ownership. So if someone
prevents you from using your work, you can just use your copyright to prove that it‘s your work
and you have a right to use it. It allows you to change the form of your work. For example, it
allows you to make a sequel or revise or update the work.

Registration of work is not mandatory for availing the protection under the Copyright
Act, 1957. Thus, we can say that such protection works as an ―automatic‖ right. In the landmark
case of Asian Paints (I) Ltd. Vs Jaikishan Paints & Allied Products, (2002(4) MAH LJ 536.)
the Hon‘ble Bombay High Court observed: ―Registration under the Copyright Act is optional
and not compulsory. Registration is not necessary to claim a copyright. Registration under the
Copyright Act merely raises a prima facie presumption in respect of the particulars entered in the
Register of Copyright. The presumption is however not conclusive. The Copyright subsists as
soon as the work is created and given a material form even if it is not registered‖.
In another case of International Association of Lions Clubs Vs National Association of Indian
Lions, (2006 (33) PTC 79 (BOM) 91) the Hon‘ble Bombay High Court reiterated that
registration thereof is only a prima facie evidence of ownership of such copyright and Design.
The Apex Court in R.G. Anand’s Case (AIR 1978 SC 1613) held that registration of works is
not mandatory for availing copyright protection. Therefore, through various cases, the Courts in
India have upheld the principle of ‗automatic protection‘ and that registration is not a condition
prerequisite for availing copyright protection.

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Who can register

If you made a new painting using your mind and talent. Can anyone get a copyright for
it? Of course not. Let‘s see who is legally entitled to get a copyright for his/her work. The
following people are entitled to submit an application to get a copyright:

 The author
 The author of the work is: Either the person who actually created the work, or If made
during the scope of employment, then the employer. This is considered as ‗work made for
hire‘. Such an author is legally allowed to get a copyright for his/her work.
 The owner of exclusive rights

The copyright law can grant a person exclusive rights to control and use and distribution
of an original work. These rights include the right to reproduce or make copies of the original
work, the right to distribute copies of the work, the right to publicly display the work, the right to
perform the work and the right to alter the work and make derivatives of the original work. The
owner of such exclusive rights is permitted to apply for registering his or her claim in the work.

The copyright claimant

This is either:

 The author, or
 A person or an organization that has obtained ownership rights from the author through a
written contract, will etc.
 The authorized agent
 This refers to any person authorized to act on behalf of either:
 The author, or the copyright claimant, or the owner of an exclusive right.

It must also be mentioned here that there is no age bar for getting a copyright and a minor is
also entitled to register a copyright. This is because copyright law recognised creativity and
understands that age cannot be a restriction on creativity. Also, in case the work is created by
two or more people then the creators of the work are co-owners unless they have agreed
otherwise.

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Essential documents required for copyright registration

Before we discuss the procedure which you must follow if you want to get your work
registered under the Indian Copyright Act, 1957, we must look into the essential documents that
you require for smooth registration. Though there are some special requirements for different
kinds of work, broadly the essential requirements are:

 Three copies of the work if the work is published; If the work is not published, then two
copies of manuscripts;
 If the application is being filed by an attorney, then special power of attorney or
vakalatnama signed by the attorney and the party;
 Authorization in respect of work, if the work is not the work of the applicant;
 Information regarding the title and language of the work;
 Information regarding the name, address and nationality of the applicant;
 Applicant must also provide his mobile number and email address;
 If the applicant is not the author, a document containing the name, address and nationality
of the author, and if the author is deceased, the date of his death;
 If the work is to be used on a product, then a no-objection certificate from the trademark
office is required;
 If the applicant is other than the author, a no-objection certificate from the author is
required. In this case, an authorization of the author may also be required;
 If a person‘s photo is appearing in the work, then a no-objection certificate from such
person is required;
 In case the publisher is not the applicant, a no-objection certificate from the publisher is
required;
 If the work is published, the year and address of first publication is also required;
 Information regarding the year and country of subsequent publications;
 In case of copyright is for software, then source code and object code are also required.

Procedure for registering a copyright

Now that we understand who is entitled to get a copyright and what essential documents
they must have to get it registered, let‘s see how you can register your original work with the

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copyright registrar under Chapter X of the Indian Copyright Act,1957 and Rule 70 of the
Copyright Rules‘ 2013. The steps involved in the registration process are:

Step 1: File an Application

In the first step : The author of the work, copyright claimant, owner of an exclusive right
for the work or an authorized agent file an application either physically in the copyrights office
or through speed/registered post or through e-filing facility available on the official website
(copyright.gov.in).

For registration of each work, a separate application must be filed with the registrar along
with the particulars of the work. Along with this, the requisite fee must also be given, Different
types of work have different fees. For example, getting the copyright for an artistic work
registered, the application fees is INR i00, while for getting the copyright for a cinematograph
film registered is INR i000. The application fees range from INR. i000 to INR. 40000. It can be
paid through a demand draft (DD) or Indian postal order (IPO) addressed to the Registrar of
Copyright Payable at New Delhi or through e-payment facility. This application must be filed
with all the essential documents. At the end of this step, the registrar will issue a dairy number
to the applicant.

Step 2: Examination

In the next step, the examination of the copyright application takes place. Once the dairy
number is issued, there is a minimum 30 days waiting period. In this time period, the copyright
examiner reviews the application. This waiting period exists so that objections can arise and be
reviewed. Here the process gets divided into two segments: In case no objections are raised, the
examiner goes ahead to review and scrutinize the application to find any discrepancy. If there is
no fault and all the essential documents and information is provided along with the application, it
is a case of zero discrepancies. In this case, the applicant is allowed to go forward with the next
step.

In case some discrepancies are found, a letter of discrepancy is sent to the applicant.
Based upon his reply, a hearing is conducted by the registrar. Once the discrepancy is resolved,
the applicant is allowed to move forward to the next step. In case objections are raised by

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someone against the applicant, letters are sent out to both parties and they are called to be heard
by the registrar. Upon hearing if the objection is rejected, the application goes ahead for scrutiny
and the above-mentioned discrepancy procedure is followed.

In case the objection is not clarified or discrepancy is not resolved, the application is
rejected and a rejection letter is sent to the applicant. For such applicant, the copyright
registration procedure ends here.

Step 3: Registration

The final step in this process can be termed as registration. In this step, the registrar might
ask for more documents. Once completely satisfied with the copyright claim made by the
applicant, the Registrar of Copyrights would enter the details of the copyright into the register of
copyrights and issue a certificate of registration. The process registration of copyright completes
when the applicant is issued the Extracts of the Register of Copyrights (ROC).

Conclusion

Creativity is the most essential requirement to enable progress in society. Encouraging

creativity enables economic and social development of a society. Copyright protects the
creativity of people and becomes a source of motivation for the artists, authors, etc. Registering
your work with the Registrar of Copyrights provides you with the right to reproduce it, the right
to adapt the work, right to paternity and right to distribute the work.

Though it looks easy, the copyright registration process is a lengthy but important process
which can take up to 10 to 12 months. It is always advisable to get your copyright registered.
This is because it can go a long way in protecting your rights for years, even after your death.
Once your copyright is registered, it becomes much easier to move to the court and get the
person who illegally copied your work punished. To provide adequate protection to copyright
holders, the Copyright Act, 1957 provides imprisonment from six months to three years and a
fine of not less than INR 50,000 in case your right is infringed by someone.

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TERM OF COPYRIGHT

In the case of original literary, dramatic, musical and artistic works, the duration of
copyright is the lifetime of the author or artist, and 60 years counted from the year following the
death of the author.

In the case of cinematograph films, sound recordings, photographs, posthumous

publications, anonymous and pseudonymous publications, works of government and works of
international organizations are protected for a period of 60 years which is counted from the year
following the date of publication.

Work Owner Term

Literary work Author or the creator of a lifetime plus 60 years after his
work death
Dramatic work Author lifetime plus 60 years after his
death
Musical Work Composer lifetime of the author plus 60
years after the author dies
Artistic Work Artist lifetime plus 60 years after his
death
Photography Photographer
Sound recordings Producer lifetime of the producer plus 60
years after the death of the
creator
Cinematograph films Producer 60 years from the date of
publication
Performer‘s right Performer 1i Years
Broadcast Reproduction Broadcaster 2i Years
Rights

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6. Rights Conferred by Copyright, Limitations and Exceptions to Copyright

Protection

RIGHT CONFERED BY COPYRIGHT

Rights of Copyright owners

Certain Rights are given to the copyright holder under the Copyright Act, 19i7. These
rights are discussed below:

Right to Reproduction

The right to reproduction allows the copyright holder to make copies of his work in any
form. The copyright holder can also bring legal action against the person if he reproduces his
work i.e. download or copies his work in any format for commercial purposes.

Right to distribute

The copyright holder has the right to distribute his work in a manner he deems fit. He is
also entitled to transfer his rights or some rights. For example, he may allow someone to translate
his work.

Right to make derivative works

The copyright holder has the right to derivative works. Thus, if a person wants to make a
movie based on a novel then he should take permission from the author of the novel to do so or it
may result in copyright infringement.

Right to publicly perform

The copyright holder has the right to perform his work publicly i.e. a writer of a novel
may showcase his work by performing drama or concert.

Right of Paternity

The right of paternity allows the copyright holder to claim authorship of the work. The
author can claim due credit for his work, thus for example, if a movie is based on a novel but the

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maker of the movie does not acknowledge the author of the novel then the author can bring an
action against the makers.

Sui Generis Right

This right is available to the creators of the database and software. The right exists for a
period of 1i years.

LIMITATIONS AND EXCEPTIONS TO COPYRIGHT

Quotation, Criticism and Review

If a person uses the quotes of the copyrighted work then it will not amount to
infringement. Similarly, a person may cite examples of the published work to criticize it or
review it.

Criteria for using the exception

The reason for using the material is genuinely for the purpose of Quotation, Criticism and
Review. For example, one cannot discuss the whole film in an article and then comment that
he/she liked the movie. The material which is used for review or criticism should already be
available to the public. Thus, a person cannot use the material which is not made available to the
public but is kept confidential. The use of the material should be fair. There is no legal definition
of what is fair and what is not. The fair use of the material will depend on the facts and
circumstances of the case.

If a person has provided sufficient acknowledgement to the copyright holder then it

would not amount to copyright.

Parody and Pastiche

Parody means to use the existing work of someone to create the humour or to use it for
mockery. Some people may use the copyrighted work to make a critique while others may use it
to draw attention to a social phenomenon. Use of work for parody and pastiche is not considered
as a copyright infringement.

Test for Copyright Infringement

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To test whether the work is copyrighted or not, the court follows three-factor test. These
three factors are:

 Quantum of the work copied

 Purpose of copying the work

 The likelihood of competition between the two works.

News Reporting

A news reporter may sometimes use the copyrighted material to report the current event. For
example, a news reporter may use a part of the video clip to report a current event. In this case,
he is exempted from copyright infringement. There are certain conditions under which a news
reporter is exempted from copyright infringement, the conditions are discussed below:

The news reporter has not used the copyrighted photograph. The copyrighted photograph
cannot be used for news reporting. The purpose of using the material should be genuine i.e. for
reporting purpose only.

There should be a fair use of the material.

The news reporter has to sufficiently acknowledge the author of the copyrighted work.

Libraries

The libraries often lend readers the book for a certain period and make copies for its
users. The librarians, in this case, cannot be made liable for copyright infringement.

Education

Another exception to copyright infringement is the use of copyrighted material for

educational purposes. Sometimes the copyrighted material is used by the teachers to illustrate a
point or make the student understand the concept then it is not a copyright infringement.
Similarly, if a student uses the thoughts of someone to explain an answer in examination then it
is not a copyright infringement.

Research and Private Studies

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Researchers have to use various copyrighted sources for the research purpose. The
researchers are allowed to use copyrighted material for research purposes; it does not amount to
copyright infringement. Copyright allows making single copies or taking shorts extracts of the
work for non-commercial purpose.

Private Copying

Private copying refers to the copying of material from one device to another without
infringing the right of the copyright holder. For example, one may copy a song from DVD to
MP3 player for backup purpose.

7. Assignment, Transmission, Licenses and Relinquishment of Copyright

ASSIGNMENT, TRANSMISSION AND RELINQUISHMENT OF COPYRIGHT

3. LICENSE OF COPYRIGHT

Copyright is basically a personal property right, which is regulated by various rules and
regulations governed by the state. These rules and regulations govern the ownership, inheritance
and transfer of rights pertaining to copyright. Further, the copyright holder has 2 ways in which
he may transfer his copyright i.e through license or by assignment.

Assignment

Assignment is also known as sale agreement for copyright wherein the owner of any
work sell his right to any other person with the help of a contract. After the transfer of ownership
the person giving copyright has no control over the fact that how the third party uses it. The
person selling the copyright is called assignor and the person buying is known as assignee. Once
a sale is completed the assignee is vested with all the rights and he may use that work in
whatever manner he wishes to use it. For the assignment to be valid the contract must be written
and signed by both parties, the subject of the assignment of copyright must be clear and without
any ambiguity.

License

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License under copyright rights means that the owner possesses or maintains his or her
copyright ownership rights, however when he permits or allows another party to exercise some
of those rights without the party‘s actions being considered an infringement of copyright. The
person giving license is referred to as ‗licensor‘ and the person who is given the license is called
‗licensee‘.

Usually, a license is more preferable than an assignment. This is because the copyright
holder has the full right over his work and can exercise ownership control over the work
whereas,, the licensee uses just a few rights given by the copyright holder.

For instance, a software license agreement is signed between the copyright holder and the
licensee, whereby the copyright owner grants the licensee pertaining to the right to use the
software in a manner which is specified in a contract. In return, the user/licensee may agree to
limit the use of the software as per the agreement and at the same time pay the copyright owner a
license fee.

Unlike a copyright assignment, a copyright license may or may not have to be in a

written format and signed by both the parties. It can be oral or arise by implication when
considering all the facts and circumstances surrounding the transaction between the copyright
owner and the purported licensee.

8. Copyright Societies, International Copyright

1. COPYRIGHT SOCITIES

INTRODUCTION TO COPYRIGHT SOCIETIES:

Copyright Society is a legal body which protects or safeguards the interest of owners of
the work in which copyright subsist. The Copyright Societies gives assurance to the creative
authors of the commercial management of their works. The authors of creative works licence a
publisher to publish the work on a royalty basic. This also leads to infringement of the work
anywhere in India or abroad therefore it is extremely difficult for the owner of the work to
prevent from such infringement. To overcome such difficulty owners of Copyright works have
formed Societies to licence their works for performance or communication to the public or issue

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copies of the work to the public. ‗Copyright Society‘ means a society registered under Section33
(3).

The Copyright societies are also authorized to watch out for infringement of the
copyright and take appropriate legal action against the infringers.

FUNCTIONS OF A COPYRIGHT SOCIETY

The copyright Societies discharge the following functions:

1. It grant license of the Copyright in the work for reproduction, performance or communication
to public.

2. It locates the infringement of the Copyright and initiates legal proceedings.

To regulate these activities of such copyright societies Sections 33 to 36A have been enacted
under the Copyright Act 19i6.

STATUTORY PROVISIONS

Section 33(1) provides that no person or association of person allowed to carry on the
business of issuing or granting licenses in respect of any work in which Copyright subsists or in
respect of any rights conferred by the Act except under a registration.

However the owner of Copyright in his individual capacity will continue to have the right
to grant licenses in respect of his own works with his obligation if any as a member of the
registered Copyright Society.

An application may be made to the Registrar of Copyright. Every application should

satisfy the conditions. And then the Registrar shall forward the application to the Central
Government which may, having regard to the interests of the author and other owner of rights
under this Act, the interest and convenience of the public and in particular of the group of
persons who are most likely to seek licenses in respect of the relevant rights and the ability and
professional competence of the applicants, register such association of persons as a Copyright
Society subject to conditions as may be prescribed. Central Government shall not ordinarily
register more than one Copyright Society to do business in respect of the same class of works.

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Section 33(4) states that the Central Government, if satisfied that the Copyright Society is
detrimental to the interest of the owners of rights concerned. Then in this case the Central
Government cancel registration of such society after such inquiry as may be prescribed.

As per the Copyright Rules, 19i8:

1. Conditions of the submission of applications for registration of Copyright Societies:

Any association of persons whether incorporated or not, consisting of seven or more

owners of copyright (hereinafter referred to as ‗Applicant‘) formed for the purpose of carrying of
business of issuing or granting licenses in respect of any class of works which is copyrighted or
in respect of any other work conferred by the Act. In this case they may file with the Registrar of
Copyrights an application of Form II- C. The application then is submitted to the Central
Government for grant of permission to carry on the business and for its registration as a
Copyright Society.

An application under the above provision shall be signed by all the members of the
Governing Body and the Chief Executive of the Applicant.

2. Conditions for grant of permission to carry on copyright business:

As per rule 14 of the Copyright Rules, 19i8, an applicant of a Copyright Society shall not
be eligible to be considered for such registration unless:

i. After the Applicant is established or it creates a commitment on it to deal with only copyright
business and other activities ancillary thereto and

ii. The Applicant is willing to comply with the provisions of the Act and the rules made there
under.

3. Documents accompanying applications:

Rule 14 A of Copyright Rules, 19i8, every application made under rule 12 or rule13 shall
be accompanied with by:

i. A true copy of the application by which the Applicant is established or incorporated.

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ii. Consent of all the members included in the application to act as members of the Governing
Body of the Application.

iii. A declaration containing the objectives of the Applicant, the bodies through which it will
function and arrangements for accounting and auditing.

iv. An undertaking to the effect that the instrument is established or incorporated provides for
conforming the same to the provisions of the Act and these Rules.

4. Conditions for registration of a Copyright Society:

According to Rule 14 B of the Copyright Rules, 19i8:

i. When an application for registration is submitted to the Central Government through the
Registrar of Copyrights, the Government may, within sixty days from the date of its receipt by
the Registrar of Copyrights either register the Applicant as a Copyright Society.

ii. The application shall be rejected if the following grounds are present, but only after giving the
Applicant an opportunity to being heard:

a) The Applicant has no professional competence to carry on its business or has not sufficient
funds to manage its affairs; or

b) There exists another Copyright Society registered under the Act for administering the same
class of works and its functioning well; or

c) The Central Government has reason to believe that the members of the Applicant are not
bonafied copyright owners or they have not voluntarily signed the instrument setting up the
Applicant and the application for registration; or

d) The application is found to be incomplete in any respect, reject the applications.

i. After the registration of the Copyright Society by the Central Government, the Registrar of the
Copyrights shall issue certificate of Registration in Form II- D under his hand and seal.

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ii. On and from the date of its registration as specified in the Certificate of Registration, the
Copyright Society shall be entitled to commence and carry on the permitted copyright business
in the name by which it has been so registered.

2. INTERNATIONAL COPYRIGHT

THE INTERNATIONAL COPYRIGHT ORDER, 1999

In exercise of the powers conferred by section 40 of the Copyright Act, 1957 (14 of
1957) and in supersession of the International Copyright Order, 1991, the Central Government
had made this order to protect copyright internationally.

The term 'foreign work' is not defined under the Copyright Act, 1957, (hereinafter referred to
as the 'Act'). However, to determine "foreign work", it can be reasoned that any work which does
not qualify as "Indian Work" under Section 2 (l) of the Act is classified as "foreign work". In
order to protect Indian works in foreign countries, India has become a member of the following
international conventions on copyright and neighboring (related) rights:

1. Berne Convention for the Protection of Literary and Artistic works

2. Universal Copyright Convention
3. Convention for the Protection of Producers of Phonograms against Unauthorized
Duplication of their Phonograms
4. Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties
5. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

The aim of all the copyright conventions / agreements / treaty is focused on the principle that the
original creativity or works of the mind, which is the subject matter of protection under copyright
law, should be disseminated and distributed regardless of their national borders.2 Therefore, the
simple principles on which the major Copyright Conventions are based are:3

1. Principle of National Treatment - Works originating in one of the Contracting States

(that is, works the author of which is a national of such a State or works first published in
such a State) must be given the same protection in each of the other Contracting States as
the latter grants to the works of its own nationals.

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2. Principle of "Automatic" Protection - This means that such national treatment shall not
be depending on any formality, i.e. Protection must not be conditional upon compliance
with any formality.
3. Principle of "Independence" of Protection - This means that the enjoyment and
exercise of the rights in a protected work in a certain country is independent of the
existence or nonexistence of protection in the country of origin or in any other country.

The International Copyright Order, 1999, was formulated to provide the authors / owners of the
foreign copyright works to enforce protections beyond the national limits. The above said
principles are the basic foundations of the International Copyright Order 1999.

Under the Indian Legislation, copyright of works of the countries mentioned in the International
Copyright Order are protected in India, as if such works are Indian works.4 The benefits granted
to foreign works will not extend beyond what is available to the works in the home country and
that to only on a reciprocal basis, i.e., to say the foreign country must grant similar protection to
works entitled to copyright under the Act.5

In the matter regarding Registration of Copyright Application Titled "In Grief then in Joy, We
Wed", wherein on scrutiny of the application with Diary Number 11596/2015-CO/L, it was
found that the work submitted for registration under the Copyright Act 1957, was already
registered in United States of America, and hence a discrepancy was raised. The Learned
Registrar of Copyrights, vide order dated January 16, 2018, observed that "In accordance to the
provisions of Section 40 of the Copyright Act, 1957, read with International Copyright Order
1999 states that the copyright of nationals of countries who are members of the Berne
Convention for the Protection of Literary and Artistic Works are protected in India. A list of such
countries are made available in the Part 1 of the Schedule mentioned under the International
Copyright Order 1999."

Further, the Learned Registrar of Copyrights also agreed that the Applicant, if they wish so, may
also seek registration of their works in India by complying with the requirements of the
Copyright Act 1957 and Copyright Rules 2013.

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Since the foreign works, as under the International Copyright Order 1999, are protected under
the Copyright Act 1957, and therefore the provisions with respect to enforcing the rights under
the Copyright Act is also available to the foreign copyrights holders. Paragraph 3 of the
International Copyright Order 1999, extends the protection under the Copyright Act 1957 to the
foreign works and therefore, both civil and criminal remedies for infringement under Chapter XII
and Chapter XIII are available to the foreign works. The Copyright Act of India provides dual
legal machinery to the right holders for enforcing their rights. The enforcement is possible
through -

i. The Intellectual Property Appellate Board and

ii. The Courts.

The Copyright Act, 1957, initially established a quasi-judicial body called the Copyright Board,
which is now merged with Intellectual Property Appellate Board (hereinafter referred to as the
'Appellate Board') pursuant to Finance Act 2017, with effect from April 01, 2017. The Appellate
Board is assigned with the task of adjudication of disputes relating to copyright
registration,6 assignment of copyright,7 grant of licenses in respect of works withheld from
public,8 unpublished Indian works,9 production and publication of translations,10 and works for
certain specified purposes.11 Further, it also hears cases in other miscellaneous matter instituted
before it under the Copyright Act, 1957.

Similarly, as per Section 62 of the Copyright Act 1957, the District Courts have jurisdiction in
the matters pertaining to the infringement of Copyright in any work or the infringement of any
other right conferred by the Copyright Act. However, an appeal against the order of the IPAB
can be preferred before the Hon'ble High Court having the jurisdiction.

In course of time many international agreements, conventions, treaties etc. have been
adopted out of that some are highly remarkable like Berne Convention, UCC and TRIPs
Agreement and having global admiration in the area of protective measures of copyright. The
international instruments having contribution and influential force in the development of
copyright laws throughout the globe are as follows:

The Berne Convention for the Protection of Literary and Artistic Works, 1886

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The Berne Convention in 1886 first settled the recognition of copyrights between
sovereign nations. It set out the scope of copyright protection and is still enforce to this day.
Copyright's history has taken it from a legal concept regulating copying rights in the publishing
of books and maps to one with a significant effect on nearly every modem industry covering
such items as sound recordings, films, photographs, software, and architectural. The Berne
Convention similar to the Paris Convention had its beginnings in the world meet that took place
in the late 19th century. The making of numerous bilateral treaties for the protection of copyright
had not served to protect the interests of the authors who were denied protection from rampant
plagiarism in the foreign market.

The Universal Copyright Convention (And Protocols), 1952

The Convention brought into force on September 6, 1952 and subsequently revised in
Paris in 1971. The reason for the adoption of UCC was that many states, including two most
powerful states, the United States and the Soviet Union were not members of the Berne
Convention. The countries were no willing to join Berne Convention due to the reason that its
level of protection was high. The Copyright system of the United States and many Latin
American countries also differed from that of the Berne Convention.

The International Convention for Protection of Performers, Producers of the Phonograms

and Broadcasting Organizations, 1961

International Convention for the Protection of Performers and Producers of Phonograms

and Broadcasting Organisations commonly known as Rome convention was concluded on
October 26th 1961 and brought into force on May 18, 1964. Its object is to protect neighbouring
rights which has also been called related rights.

It came to provide protection to performers, producers of phonograms and broadcasting

organizations based on parameters of the performance/broadcast/phonograms either undertaken
by its nationals, fixed first within their territory, first published within their territory or where the
head office is located within the territory of such State. The signatory States agreed to accord
'national treatment' to performers, producers and broadcasting organizations only on the
satisfaction of the conditions set out in the convention.

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The Convention Establishing the World Intellectual Property Organization (Stockholm,

1967)

The Convention establishing the World Intellectual Property Organization known as WIPO
Convention came to be signed at Stockholm on July 14, 1967 and entered into force in 1970 and
amended on September 28, 1979.

Since 1974, WIPO has the status of a specialised agency of the United Nations. The
Convention108 elicits the scheme of the signatory states to contribute to a better understanding
and co-operation among States for their mutual benefit on the basis of respect for their
sovereignty and equality so as to encourage creative activity, promote the protection of
intellectual property and the protection of throughout the world and modernize and render more
efficient administration of the Union established in the fields of the protection of industrial
property and the protection of literary works, while fully respecting the independence of each of
the Unions. The objectives of the Organization are twofold, firstly, to maintain and increase
respect for intellectual property throughput the world, in order to favour industrial and cultural
development by stimulating creative activities and facilitating the transfer of technology and the
dissemination of literary and artistic works. Secondly, the promotion of the protection of
intellectual property throughout the world through the co-operation among the states in
collaboration with any other international organization and ensuring administrative co-operation
among Unions like Paris Union, Berne Union etc.

The Convention for the Protection of Producers of Phonograms against the Unauthorized
Duplication of Their Phonograms (Geneva, 1971)

The Convention for the Protection of Producers of Phonograms Against Unauthorised

Duplication of Their Phonograms, commonly known as the Phonograms Convention, was
concluded at Geneva on October 29, 1971, and came into force on April, 1973.

The Geneva Convention of 1971 came to be signed by 72 members as on April 2003 to

curb the widespread and increasing unauthorized duplication of phonograms and the damage to
the interest of authors, performers and producers of phonograms. The signatories agreed upon
the working of a nationality status being conferred upon nationals of the Union States. The

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protection accorded however, varied in accordance with the enforcement mechanism of the
individual States

Vienna Agreement for the Protection of Type Faces and Their International Deposit 1973

The Vienna Agreement for the protection of typefaces and their international deposits,
1973 was concluded on June 12, 1973 at Vienna. This agreement for the protection of the
typefaces concluded within six chapters apart from introduction having 41 articles. This
agreement was formulated in order to encourage the creation of typefaces and provide an
effective protection thereof. According to the provisions of this agreement the contracting states
undertake to ensure the protection of the type faces, by establishing a special national deposit, or
by adapting the deposit provided for in their national industrial design laws, or by their national
copyright provisions

The Convention Relating to the Distribution of Programme- Carrying Signals Transmitted

By Satellite, 1974

The Convention Relating to the Distribution of Programme-Carrying Signals Transmitted

by Satellite came to be concluded at Brussels on May 21, 1974. The Convention's main aspect is
to curb the appropriation and distribution of programmes transmitted by communications a pace
satellites. The Convention covers transmissions made through point-to-point satellites and
through distribution satellites that transmit signals to earth stations for subsequent
retransmissions, such as by cable distribution systems.

Geneva Treaty of International Registration of Audio-Visual Works, 1989

The Treaty on the International Registration of Audiovisual Works is also known as film
Register Treaty. It was concluded on April 20, 1989, came into force in 1992. It is concluded
with a view to increase the legal security in transactions relating to audiovisual works and
thereby to enhance the creation of audiovisual works and the international flow of such works
and to contribute to the fight against piracy of audiovisual works. 'Audiovisual work' means any
work that consists of a series of fixed related images, with or without accompanying sound,
capable of being made visible and, where accompanied by sound, capable of being made audible.
The International Register of Audiovisual Works is established for the purpose of the registration

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of statements concerning audiovisual works and rights in such works, including, in particular,
rights relating to their exploitation.

The Agreement on Trade Related Aspects of Intellectual Property Rights, Including Trade
In Counterfeit Goods (Geneva, 1993)

This agreement was concluded at Geneva on December 1i, 1993. 114 The agreement
desired to reduce distortions and impediments to international trade, and 'taking into account the
need to promote effective and adequate protection of intellectual property rights, and to ensure
that measures and procedures to enforce intellectual property rights do not themselves become
barriers to legitimate trade.

The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), 1994

On September 20, 1986, a Special Session of the Contracting Parties to the General
Agreement on Tariffs and Trade, held in Punta del Este, Uruguay, and attended by
representatives from more than seventy countries, formally launched the Uruguay Round of
GATT. A Ministerial Declaration identified the Round negotiating objective for intellectual
property: "In order to reduce the distortions and impediments to international trade, and taking
into account the need to promote effective and adequate protection or intellectual property rights,
and to ensure that measures and procedures to enforce intellectual property rights do not
themselves become barriers to legitimate trade, the negotiations shall aim to clarify GATT
provisions and elaborate as appropriate new rules and disciplines. "

The WIPO Copyright Treaty (WCT), 1996

After adoption of the TRIPs Agreement, it was realised that all challenges posed by the
new technologies have not been addressed by the agreement. Some of the issues raised by the
spectacular growth of the use of digital technology particularly through the Internet were not
addressed by the TRIPs Agreement. In order to fill this gap, the WIPO Diplomatic Conference
on Certain Copyright and Neighbouring Right questions adopted the WIPO Copyright Treaty
1996 at Geneva in between December 2 to 20, 1996.WIPO Copyright Treaty (WCT) 1996 is a
special agreement within the meaning of Article 20 of the Berne Convention, as regards

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contracting parties that are countries of the union established by that convention and obligate
them to comply with Articles 1 to 21 and the appendix of the Berne Convention.

The WIPO Performances and Phonograms Treaty (WPPT), 1996

The WIPO Performances and Phonograms Treaty 1996 (WPPT) was also concluded at
Geneva in between December 2 to 20, 1996. The WIPO Performances and Phonograms Treaty,
1996 having five Chapter and 33 Articles, came to usher in the modernity to the realm of
copyright, a characteristic of the age of information technology. This treaty was concluded to
develop and maintain the protection of the rights of performers and producers of phonograms in
a manner as effective and uniform as possible in order to introduce new international rules to
provide adequate solutions to the questions raised by economic, social, cultural and technological
developments, protects performances of performers (actors, singers, musicians, etc.) and
phonograms of the phonograms procedures.

9. Piracy and Infringement of Copyright Test of Copyright Protection,

Remedies against Infringement.

INFRINGEMENT OF COPYRIGHT AND REMEDIES

What is Copyright Infringement

Copyright infringement refers to the unauthorized use of someone‘s copyrighted work.

Thus, it is the use of someone‘s copyrighted work without permission thereby infringing certain
rights of the copyright holder, such as the right to reproduce, distribute, display or perform the
protected work.

Section i1 of the Copyright Act specifies when a copyright is infringed. According to

Section i1 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.

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 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.

Copyright infringement elements

The work was the original creation of the author

The defendant actually copied the work of the author. It is important to note that not all
factually copying is legally actionable. The substantial similarity between the works of the author
and the defendant has to be established to prove that the defendant has infringed the author‘s
copyright.

Copyright Issues

There are a number of issues that can arise in Copyright. These are discussed below:

Plagiarism

Someone may copy the copyrighted material and pretend it to be his original work.
People are allowed to quote the work or refer the work but the person who is using the
copyrighted work has to give the credit to the copyright holder.

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Ownership

The issue of ownership may arise when an employer works for an organisation. In such case who
has the copyright over the work? If a person is an employer then it is the organisation which has
the copyright over the material but if a person is a freelance writer then it is the person himself
who is the sole owner of the copyrighted material.

Derivative Works

Derivative works use the already existing work of someone. It is a new version of already
existing material. For example, translating a book into another language. A person requires a
license for it but if he has not obtained the license for it then he can be made liable for copyright
infringement.

Types of Copyright Infringement

Copyright infringement can be broadly classified into two categories:

 Primary Infringement

 Secondary Infringement

Primary Infringement

Primary infringement refers to the real act of copying the work of the copyright holder.
For example, photocopying a book and then distributing it for commercial purposes.

However, sometimes a person may only copy a part of the work, for example, a paragraph of an
article. In such a case, the copyright holder is required to establish two things:

Substantial Taking

A copyright is infringed only when an unauthorized person copies a substantial part of

the work. For example, copying a catchy phrase of a lyricist. While deciding the case, the court
also tries to conceive, how an ordinary person will perceive the work. If an ordinary person will
perceive that the work is copied from a different source then it will be considered infringement.

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If the writing style, language and errors are similar to the copyrighted work then it will
serve as evidence of copying in a court of law. The minor alterations made by the person in the
work of a copyright holder will not affect the claim of infringement.

Casual Connection

The copyright holder must prove that there is a similarity in the works of the copyright
holder and the infringer. However, this may be because of several other reasons like both of them
have used the same source for the research. In such a case, the copyright holder can not claim for
infringement.

Secondary Infringement

Secondary Infringement refers to the infringement of copyright work without actually

copying it. This can happen in the following ways:

Providing a place for Copyright Infringement

If a person provides the place or permits the place (for profit) to be used for
communicating of the work the public and such work amounts to copyright infringement then
such person can be made liable for the offence of copyright imprisonment. However, if the
person is unaware or has no reason to believe that the place is used for copyright infringement
then cannot be made liable for the same.

It is important to note that the person should let the place for ―profit‖ to be made liable
for copyright infringement. If an NGO lets the place then the NGO cannot be made liable for the
same.

Selling Infringing Copies

If a person sells the copies that infringe the right of the copyright holder then it will
amount to copyright infringement.

Distributing Infringing Copies

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When a person distributes infringing copies of the copyright holder works then it will
amount to copyright infringement. For example, if a person uploads a movie on the internet for
free then it is an infringement of copyright.

Importing Infringing Copies

Importing the infringed work of the copyright holder in India also amounts to
infringement of Copyright. However, if the person has imported the infringed work for the
domestic or personal use then it will not amount to Copyright Infringement.

REMEDIES FOR INFRINGEMENT OF COPYRIGHT

Under the Copyright Act, 19i7 the copyright holder has two types of remedies:

Civil Remedies

Section ii(1) of the copyright act, provides that the copyright holder is entitled to remedy
by way of injunction. The injunction is the most effective remedy in case of copyright
infringement. Injunction refers to the judicial process by which one who is threatening the legal
rights of someone is restrained to continue his acts or is ordered to restore the matter to the
position in which they stood before the action.

Section ii(1) of the copyright act, further provides that the copyright holder is entitled to
damages for copyright infringement. The purpose of providing the damages to the copyright
holder is to restore him to the earlier position. There are various factors that determine the
amount of damages to be paid to the copyright holder. Generally, the damages are awarded for
the amount that the copyright holder would have got if the person had obtained the license from
him. However, there are various other factors as well, that determines the amount of damages
like the loss of profit to the copyright holder, loss of reputation, decrease in the sale of the
copyright holder‘s work etc.

Criminal Remedies

The copyright holder can take criminal proceedings against the infringer. The criminal
remedy is not an alternative to the civil remedy but is complementary to it. Thus, the copyright
holder can bring both civil and criminal proceedings simultaneously.

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Section 63 of the Copyright Act, states that copyright infringement is a criminal offence.

To sum up, the purpose of copyright is to protect the rights of the creator and provide the
incentives and economic benefits to the creator. The scope of copyright extends to the literary or
artistic works which demands creativity including Database and computer software. The
registration of work is not necessary to be eligible for copyright however, it is often advised to
register the work because it serves as an evidence in the court.

If person infringers the copyrighted work of someone then he will be liable for both the
criminal liabilities and civil liabilities. However, there are certain exceptions to the copyright
infringement i.e. in certain cases a person is not required to obtain the permission of the
copyright holder to use his work. However, it is always advised to produce the original work and
not to use someone‘s copyrighted work without permission.

Administrative remedies

Administrative remedies include moving to the Registrar of copyrights office to ask him
to ban the import of infringing copies into India in case the infringement is through such
importation and the infringing copies must be delivered to the owner of the copyright.

10. Related Rights - Rights of Performers and Broadcasting

Organizations, Economic Rights and Moral Rights of Authors.

BROADCAST REPRODUCTION RIGHT AND PERFORMERS RIGHT

Everyone has a craze of attending live events whether of the film industry, TV industry,
sports, or any award ceremony, of course with the excitement of sharing videos and live
recordings on social media. People want to know everything in detail, from what the celebs
wore, their accessories, which car they came in, how and about what they spoke, what all
performances they gave, what fun they had to every other small thing. But due to the hectic
schedule and busy life routine, people are not always able to attend such live events.

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Sometimes, the general public is not even allowed in certain live events and even if
allowed, it costs a huge sum for it. Because of these reasons, there has been an infinite growth in
the entertainment industry especially the sports and music viewership across the world which has
led to embryonic integration between law and broadcasting of live events. Since viewers all over
the globe watch show & events majorly through broadcast and also the demand for various series
and shows have increased, the live broadcasting business has been growing outstandingly well in
recent years.

Significance of Broadcasting

Advancement in technology has modernized the techniques of broadcasting live coverage

and has motivated thousands of people to take part in the spectacular enthusiasm of showcasing
major live events. Copyright and other related rights, especially the one relating to broadcast
have strengthened the relationship between the broadcasters and the performers/producers.

Media houses pay a huge sum of money to the broadcasters to exercise exclusive rights to
broadcast top live events. For most of the organizations, the sale of broadcasting rights and
media rights have become a major and biggest source of income in order to generate funds. Such
funds may be used to finance live events, performers, decorations, music equipment, etc.

The royalties earned by the broadcasters from selling their exclusive footage to the other
media outlet competitors enable them to earn more and thereby invest in the costly structural
organization and technical infrastructure for setting up the broadcasting space.

BROADCASTER‘S RIGHTS

What is a broadcast?

"Broadcast" means communication to the public:

 by any means of wireless diffusion, whether in any one or more of the forms of signs,
sounds or visual images; or

 by wire.

What are the rights of a broadcasting organization?

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The rights of a broadcasting organization with reference to a broadcast are :

 right to re-broadcast the broadcast;

 right to cause the broadcast to be heard or seen by the public on payment of any charges;

 right to make any sound recording or visual recording of the broadcast;

 right to make any reproduction of such sound recording or visual recording where such
initial recording was done without licence or, where it was licensed, for any purpose not
envisaged by such licence; and

 right to sell or hire to the public, or offer for such sale or hire, any sound recording or
visual recording of the broadcast.

What is the term of protection of broadcaster‘s rights?

The term of protection for broadcaster‘s rights is 25 years.

Provisions in the Copyright Act

The main objective of the Act deals with the rights of copyright in its ―original‖ literary,
dramatic, musical, artistic works, cinematographic films and sound recordings. The provisions
relating to broadcast has been listed in Chapter VIII of the Copyright Act from section 37 – 39
A. Let‘s discuss the provisions in detail below.

Section 2 (dd) of the Act defines ―Broadcast‖ as – ‗broadcast means communication to the public
– By any means of wireless diffusion, whether in any one or more of the forms of signs, sounds
or visual images; or By wire and includes a rebroadcast

Section 37 provides for the protection of the special broadcast reproduction rights of the
broadcasting organization. This broadcast reproduction right subsists for 2i years from the
beginning of the calendar year next following the year in which broadcast is made.

If any person, without the license of the owner of these rights, re-broadcasts or causes the
broadcast to be heard or seen by the people on payment of any charge or sells or hires to the
public then such a person shall be deemed to have been infringed the broadcast reproduction
right of the owner.

PERFORMER’S RIGHTS

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Who is a performer?

As per the Indian Copyright Act, a "Performer" includes an actor, singer, musician, dancer,
acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who
makes a performance.

What is a performance?

"Performance" in relation to performer‘s right, means any visual or acoustic presentation made
live by one or more performers.

What are the rights of a performer?

A performer has the following rights in his/her performance:

 Right to make a sound recording or visual recording of the performance;

 Right to reproduce the sound recording or visual recording of the performance;

 Right to broadcast the performance;

 Right to communicate the performance to the public otherwise than by broadcast.

What is the term of protection of performer‘s rights?

Performer‘s rights subsist for 25 years.

What are the rights of a performer in a cinematograph film?

Once a performer has consented for incorporation of his performance in a cinematograph film,
he shall have no more performer‘s rights to that performance.

Section 38 provides for the protection of the performer‘s rights.

Section 2 (qq) defines Performer as ―to include an actor, singer, musician, dancer, acrobat,
juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a
performance. The performers have a special right known as the ―Performer‘s right‖ for appearing
or engaging in any performance. Such right shall subsist till fifty years from the beginning of the
calendar year next following the year in which the performance is made.

Section 38 A provides for the exclusive rights of the performer.

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The performer has the right (exclusive right subject to the provisions of this Act) to do or
authorise the doing of any of the following acts in respect of the performance or any substantial
part thereof (without prejudice the rights conferred on the Author): to make a sound or visual
recording of the performance; or to broadcast or communicate the performance to the public
except where the performance is already broadcasted.

Once a performer has consented to his performance in a cinematograph film by means of

a written agreement, he shall not in the absence of any contract to the contrary, object to the
performer‘s right in the same film enjoyed by the producer of the film.[Provided that the
performer shall be entitled to royalties in case of making the performances for commercial use.]

Section 38 B provides for the moral rights of the performer.

The performer shall independently of his right after assignment, either wholly or partially
of his right, have the right—

(a) to claim to be identified as the performer of his performance except where a clause of
omission has been dictated by the producer; and

(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of
his performance that would be prejudicial to his reputation.

[Note – It is hereby clarified that mere removal of any portion of performance for the purpose of
editing, or to fit the recording within a limited duration, or any other modification required for
purely technical reasons shall not be deemed to be prejudicial to the performer‘s reputation.]

Section 39 provides for the acts that do not infringe broadcast reproduction right or
performer‘s rights. Such acts are as follows:

(a) making any sound or visual recording for the private use of such person, or solely for purpose
of bona fide teaching or research;

(b) use (consistent with fair dealing) of excerpts of a performance or of a broadcast in the
reporting of current events or for bona fide review, teaching or research;

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(c) such other acts with necessary adaptations & modifications, which do not constitute an
infringement of copyright u/s i2.

Section 39A provides for certain provisions to apply in case of broadcast reproduction
right and performer‘s rights. Sections 18, 19, 30, 30A, 33, 33A, 34, 3i, 36, i3, ii, i8, 63, 64, 6i,
6iA, 6iB and 66 shall, with necessary adaptations and modifications, apply in relation to the
broadcast reproduction right and the performer‘s right as they apply in relation to copyright in a
work including the provisos made in this regard in the Copyright Act.

The issue with regards to the broadcasting of live sports event was considered in one of
such cases by the Delhi High Court in the matter of Star India Pvt Ltd v/s Piyush Agarwal and
Ors 13 March, 2013 whereby an Agreement entered between Star India and Board of Control
for Cricket in India (BCCI) specified that Star India shall broadcast all the matches organized by
BCCI and shall have rights over all the information relating to the matches including right to
create and broadcast text messages.

By the said agreement, the media rights, including mobile activation rights and mobile
rights were entrusted to Star India exclusively for a 72 hour period. Star India contested that the
Respondents were violating these rights by sending live score updates through text messages and
thereby a suit was filed by the plaintiff for infringement of its exclusive rights. The issues raised
by the Court while hearing this matter were:

 Whether the rights claimed by the plaintiff are covered under the Copyright Act?
 Whether the plaintiff has exclusive rights of the information which is made available in
public domain after its first broadcast of the audio/visual recording?

The Court after its findings held as follows:

a) A cricket match falls within the purview of the term ―performance‖ and thereby cricketers,
commentators and umpires are performers under the Act.

b) The agreement entered by both the parties cannot by itself create a right not envisaged under
the Act.

c) The news or events available in the public domain cannot be monopolized by any person.

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d) The principle of fair dealing and public policy will be defeated if the monopoly of 72 hours is
exercised by the plaintiff for the event which is available in the public domain. The court
dismissed the suit without costs.

(A) Economic Rights:

The copyright subsists in original literary, dramatic, musical and artistic works; cinematographs
films and sound recordings. The authors of copyright in the aforesaid works enjoy economic
rights u/s 14 of the Act. The rights are mainly, in respect of literary, dramatic and musical, other
than computer program, to reproduce the work in any material form including the storing of it in
any medium by electronic means, to issue copies of the work to the public, to perform the work
in public or communicating it to the public, to make any cinematograph film or sound recording
in respect of the work, and to make any translation or adaptation of the work.

In the case of computer program, the author enjoys in addition to the aforesaid rights, the right to
sell or give on hire, or offer for sale or hire any copy of the computer program regardless
whether such copy has been sold or given on hire on earlier occasions. In the case of an artistic
work, the rights available to an author include the right to reproduce the work in any material
form, including depiction in three dimensions of a two dimensional work or in two dimensions of
a three dimensional work, to communicate or issues copies of the work to the public, to include
the work in any cinematograph work, and to make any adaptation of the work.

In the case of cinematograph film, the author enjoys the right to make a copy of the film
including a photograph of any image forming part thereof, to sell or give on hire or offer for sale
or hire, any copy of the film, and to communicate the film to the public. These rights are
similarly available to the author of sound recording. In addition to the aforesaid rights, the author
of a painting, sculpture, drawing or of a manuscript of a literary, dramatic or musical work, if he
was the first owner of the copyright, shall be entitled to have a right to share in the resale price of
such original copy provided that the resale price exceeds rupees ten thousand.
(B) Moral Rights:

Section 57 of the Act defines the two basic 'moral rights of an author. These are:

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i. Right of paternity, and

ii. Right of integrity.

The right of paternity refers to a right of an author to claim authorship of work and a right to
prevent all others from claiming authorship of his work. Right of integrity empowers the author
to prevent distortion, mutilation or other alterations of his work, or any other action in relation to
said work, which would be prejudicial to his honour or reputation.

The proviso to section 57(1) provides that the author shall not have any right to restrain or claim
damages in respect of any adaptation of a computer program to which section 52 (1)(aa) applies
(i.e. reverse engineering of the same). It must be noted that failure to display a work or to display
it to the satisfaction of the author shall not be deemed to be an infringement of the rights
conferred by this section. The legal representatives of the author may exercise the rights
conferred upon an author of a work by section 57(1), other than the right to claim authorship of
the work.

MORAL RIGHTS

What are the moral rights of an author?

The author of a work has the right to claim authorship of the work and to restrain or claim
damages in respect of any distortion, mutilation, modification or other acts in relation to the said
work which is done before the expiration of the term of copyright if such distortion, mutilation,
modification or other act would be prejudicial to his honour or reputation. Moral rights are
available to the authors even after the economic rights are assigned.

Do the author’s moral rights remain after assignment of copyright?

Yes. The moral rights are independent of the author‘s copyright and remains with him even after
assignment of the copyright.

Will failure to display a work infringe the moral rights of an author?

No. Failure to display a work or to display it to the satisfaction of the author shall not be deemed
to be an infringement of the moral rights of the author.

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