INDIAN COPYRIGHTS ACT, 1957 WITH CASE LAWS

INTRODUCTION
Copyright is a bundle of exclusive rights given by the law to the creators of original
works. It is a form of intellectual property protection granted by law. The rights
provided under Copyright law include the rights of reproduction of the work,
communication of the work to the public, adaptation of the work and translation
of the work.
Copyright laws serve to create property rights for certain kinds of intellectual
property, generally called works of authorship. Copyright laws protect the legal
rights of the creator of an ‘original work’ by preventing others from reproducing
the work in any other way.
The main goals of copyright are: -
 To encourage the development of culture, science and innovation
 To provide a financial benefit to copyright holders for their works
 To facilitate access to knowledge and entertainment for the public.
Copyright provides a framework for relationships between the different players in
the content industries, as well as for relationships between rights holders and the
consumers of content. Copyright is a form of Intellectual Property, along with
trademarks and patents in all countries, and other creations (such as trade
secrets, database rights, rights of publicity and the like) that may vary from
country to country.
BRIEF INTRODUCTION TO RELATED INTERNATIONAL TREATIES AND
CONVENTIONS
Indian copyright law is at parity with the international standards as contained in
TRIPS. The (Indian) Copyright Act, 1957, pursuant to the amendments in 1999,
2002, and 2012, fully reflects the Berne Convention for Protection of Literary and
Artistic Works, 1886, and the Universal Copyrights Convention, to which India is a
party. India is also a party to the Geneva Convention for the Protection of Rights of
Producers of Phonograms and is an active member of the World Intellectual
Property Organization (WIPO) and the United Nations Educational, Scientific and
Cultural Organization (UNESCO).
International copyright treaties
Several international treaties encourage reasonably coherent protection of
copyright from country to country. They set minimum standards of protection
which each signatory country then implements within the bounds of its own
copyright law.
1. Berne Convention, 1886
Berne convention was the first and oldest multilateral convention on copyright
that was for the protection of literary and artistic work which was adopted in
1886.
Initially, 10 nations were part of this convention and today 152 nations out of 190
are part of it. This convention made a union for the protection of the rights of the
authors in their literary and artistic work.
The Berne Convention provides that, at a minimum, copyright protection in all
signatory countries should extend to “literary and artistic works”, including “every
production in the literary, scientific and artistic domain, whatever may be the
mode or form of its expression.”

The Berne Convention contributed some major concerns to the copyright laws: -
1. The work originating in one signatory nation of the Berne Convention to be
protected in the same manner in other nations too.
2. The automatic protection was granted to the author’s work and was not
subjected to any registration deposition fees or any formal notice in
connection with the publication. This means that the copyright exists as
soon as the work is “FIXED” i.e. recorded in any form.
3. If any dispute arises in the nation of origin, then the dispute can be filed in
either of both nations.
 4. It described the types of works protected, duration of protection, scope of
exceptions and Limitations of copyright.
5. Principles such as “national treatment” (works originating in one signatory
country are given the same protection in the other signatory countries as
each grants to works of its own nationals)
6. Principles such as “automatic protection” (copyright inheres automatically
in a qualifying work upon its fixation in a tangible medium and without any
required prior formality).

2. WIPO Copyright Treaty

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne
Convention that deals with the protection of works and the rights of their authors
in the digital environment. In addition to the rights recognized by the Berne
Convention, they are granted certain economic rights. The Treaty also deals with
two subject matters to be protected by copyright:
i. Computer programs, whatever the mode or form of their expression; and
ii. Compilations of data or other material ("databases").
The treaty was signed in 1996 and also recognizes that the transmission of works
over the Internet and similar networks is an exclusive right within the scope of
copyright, originally held by the creator.
It categorizes as copyright infringement both: -
 The circumvention of technological protection measures attached to works
 The removal from a work of embedded rights management information.

3. The Agreement on Trade-Related Aspects of Intellectual Property Rights

(TRIPS)
The Agreement on Trade Related Intellectual Property Rights (TRIPs) is
comprehensive in giving cover to all areas of technology, property, patents,
trademarks, copyrights and so on.
The TRIPs encourages upon the member country’s sovereign right to frame its
own legislation on intellectual property matters. This clause has been included on
account of persistent demand from developed and industrialized countries.
The TRIPs Agreement covers seven categories of intellectual property rights:
 Copyright
 Trademarks
 Geographical Indications
 Industrial Designs
 Patents
 Integrated Circuits
 Trade Secrets
It was signed in 1996 and administered by the world trade organization. This
agreement includes a number of provisions related to the enforcement of
Intellectual Property rights. It says that national laws have to make the effective
enforcement of Intellectual Property rights possible, and describes in detail how
enforcement should be addressed.
INDIAN COPYRIGHTS ACT, 1957
Copyright law protects expressions of ideas rather than the ideas themselves. It
protects original works of ownership. It gives an exclusive right to do or authorize
others to do certain acts in relation to literary, dramatic, musical, and artistic
works, cinematography, and sound recordings. Computer programs are also
included in literary works. Authors of Computer programs, and broadcasting
organizations are to be given the right to authorize or prohibit the commercial
rental of their works to the public. These similar exclusive rights also apply to the
films.
The Copyright Act, 1957, along with the Copyright Rules, 1958, is the governing
law for copyright protection in India. After independence, the Indian Copyright Act
was the first law which was enacted from the provisions of the Berne Convention.
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.
The economic exploitation is done by licensing such exclusive rights to the
entrepreneurs like publishers, film producers and record manufacturers for
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 the case of
literary work, the right of translation, adaptation or abridgment.
In recent times, with the rapid advance of technology, copyright infringement in
the form of ‘piracy’ has become a serious problem of an international character.
This is because technological progress has made the reproduction of copyrighted
material easy and cheap.
Accordingly, Indian copyright owners can protect their copyright in almost any
country in the world. The appropriate actions taken under the Copyright Act 1957
can stop the infringement of copyright. Infringement of copyright is also an
offense punishable with imprisonment and fine.
DEVELOPMENT OF COPYRIGHT LAWS IN INDIA
The Indian Copyright law was developed in 3 phases:
1. Early Phase: - In 1911, the earliest statutory law on copyright was made
under the administration of British rule. The provisions of the Berne
 convention were followed. During that phase, the term of copyright was for
the lifetime of the author plus 7 years after his death and the government
could grant a compulsory license to publish a book. The registration was
also made necessary in 1914.
2. Modern Phase: - Copyright Act of 1911 was again amended in 1914 and it
was also called modern copyright legislation. For the very first time criminal
sanction was introduced in act for infringement of copyright. The term of
the copyright was fixed for 10 years from the date of its first publication.
This act remained applicable until replaced by Copyright Act, 1957.
3. 1957 Phase: - The Act was enacted after the independence of the nation
from British rule. It was the first enactment of intellectual property laws. It
came into force on 21st January 1958. Major provisions of act were adopted
by the Berne convention of protection of literary and artistic work, 1886.
This act is amended 6 times till now to align with rapid changes in society and
provisions of international treaties i.e. Berne Convention, UCC, TRIPs Agreement.

SUBJECT MATTER OF COPYRIGHT, ECONOMICS AND MORAL RIGHTS

Modern copyright laws serve to protect a variety of intellectual property ranging
from songs and jingles to computer software and proprietary databases. All
subject matters protected by copyright are called ‘works’. Thus according
to Section 13 of The Copyright Act 1957, it may be subjected to the following
works:
Clause (a) of this Section 13 provides the definition of original work whereas
clause (b) and (c) provides secondary works.
1. Primary Works
a. Original Literary Work,
b. Original Dramatic work,
c. Original Musical work,
d. Original Artistic Work,
 2. Secondary Works
a. Cinematography films, and
b. Sound recordings.

Original Literary Works:

Section 2(o) of the Copyright Act, 1957 provides an inclusive definition of word
literary works according to which the literary work includes computer
programming, tablets, and compilations including computer database. These
cover published works including books, articles, journals, and periodicals, as well
as manuscripts. Even adaptations, translations, and abridgements are taken as
original works and are protected under copyright law. Section 13(a) classify
literary works in the primary work.

Case: Zee Telefilms v. Sundial Communications

Facts: A had prepared concept notes for the purpose of television film which
consists of characters, plots, notes and sketches etc.
Issues: Whether A is entitled to the copyright of those concept notes?
Held: Yes, since A invests labour and skill in preparing the concept paper. Such a
person is entitled to copyright.

Case: Macmillan & Co. v. K.J Cooper

Facts: Plaintiff’s book consisted of selected passages from Plutarch’s life of
Alexander the Great, joined together by a few words to give a different
appearance. The book also contained an introduction and notes useful for
education. A similar book was published by the defendants with notes. The
original work contained 40,000 words while the defendants had copied 20,000
words and 7000 words in notes.
Issue: Whether the defendants work infringed the copyright in the plaintiff’s
works?
Held: Defendants work infringed the copyright

Original Dramatic Works:

According to section 2(h) of the Copyright Act, 1957, the dramatic work includes
any piece for recitation, choreographic work or entertainment in dumb shows, the
scenic arrangement or acting form which is fixed in writing or otherwise but does
not include a cinematographic film. Since the definition is an inclusive one, the
other things fall within the general meaning of dramatic work, and may also be
covered by the definition.
Case: Academy of General Education Manipal v. Malini Mallya
The court shows a clear difference between literary and dramatic work. The
difference between the two rests on the fact that literary work allows itself to be
read while a dramatic work “forms the text upon which the performance of the
plays rests.” A dance performance will not be covered under copyright work but
under dramatic work.
Case: Creation Records v. New Group Newspaper
Held: It was held that a photograph that involves no movement or action cannot
be treated as dramatic work. Copyright of Dramatic work can in form of:
Adaption of Dramatic work:- Adaptation work means the modification of that
work in some other form.
Original Musical Works:
According to section 2(p) of the Copyright Act, 1957, musical work means any
work consisting of music and includes any graphical notion of such work, but does
not include any words or any action intended to be sung, spoken or performed
with the music. The words in a song and the music have separate rights and the
rights cannot be merged. In order to qualify for copyright protection, a musical
work must be original.
Example:- Famous song “Yaaram” which is written by Gulzar and composed by
Vishal Bharadwaj. The copyright of the lyrics will belong to Gulzar and the musical
composition will be of the composer Vishal Bharadwaj.

Original Artistic Works:

According to the section 2(c) of the Copyright Act, 1957, the artistic work includes
any painting, sculpture, drawing, engraving photograph of any work possessing
artistic qualities. However, it also includes the architecture and artistic
craftsmanship of such works.
Case: Associated publishers vs Bashyam
Facts: A portrait of Mahatma Gandhi was made based on two photographs.
Held: A portrait based on photographs will be entitled to copyright if it produced a
result from the photograph and the portrait itself is original.
Example: A photographer took a photograph of a painting of MF Hussain, then
paints the same himself and sells such copies painted by him.
Held: A copyright in a painting is infringed when a person copies from the original
painting or a picture of painting.
Cinematographic Films
Section 2(f) of the Copyright Act, 1957 defines cinematographic films which
include any work of visual recording and a sound recording accompanying such
visual recording and the expression cinematograph shall be construed as including
any work produced by any process analogous to cinematographic including video
films. It is classified into secondary works as suggested in clause (b) of section 13
of the act.
Case: R.G. Anand vs Delux Films
Facts: Plaintiff was a producer and play writer of play ‘Hum Hindustani’. The
plaintiff tried to consider the possibility of filming and narrated the play to the
defendant. The defendant, without informing the plaintiff, made the picture ‘New
Delhi’ which was alleged to be based on the said play.
Issue: Whether the film ‘New Delhi’ was an infringement of the plaintiff’s
copyright in play ‘Hum Hindustani’?
Held: No, because the stories were different, only the theme “love story” was
same.
Case: Balwinder Singh vs Delhi Administration
Held: The concept of cinematograph is not only limited to movies being played in
theater it also covers videos and television, they both fall under the preview of
cinematograph film.
Level of Originality:
A television report or documentary may be based upon a live incident or a
newspaper report, thus the act does not prescribe any specified level of originality
in the cinematographic film.
Sound Recordings:
According to section 2(xx) of The Copyright Act, 1957, sound recording suggests
that a recording of sounds from which that sound may be produced regardless of
the medium on which such recording is made or the method by which the sounds
are produced. Clause (c) of section 13 of the act state sound recordings as a by-
product works.
Case: Gramophone Co. India v. Super Cassette Industries
Facts: ‘G.co’, Plaintiff, produced audio records titled ‘Hum Aapke Hain Kaun’ by
Rajashree production ltd, who were the owners of cinematographic work. They
had already sold 55 lakhs audio cassettes and 40,000 compact discs titled ‘Hum
Aapke Hain Kaun’. The defendants too launched an audio cassette by adopting the
same title with its design, color scheme, get up and layout deceptively similar.
Permanent Injunction was sought.
Held: Injunction varied by stipulating not to use the same title, design colour
scheme etc with bold letters the record is a version of different artists.
RIGHTS OF THE COPYRIGHT HOLDER
In the Copyright Act, 1957, the owner possesses the rights which are to prevent
others from using his works in certain ways and to claim compensation for the
usurpation of that right. In this Act, there are two types of rights given to the
owner:
 Economical rights;
 Moral rights.
Economic rights
This right is also known as the Exclusive Rights of the copyright holder provided
under Section 14 of the Act. In this Act different types of work come with different
types of rights. Such as:

1. In the case of original literary, musical, and dramatic work:

 Right to reproduce;
 Right to issue copies;
 Right to perform at public;
 Right to make cinematography and sound recording;
 Right to make any translation;
 Right to adaptation; and
 Right to do any other activities related to the translation or adaptation.
2. In the case, of computer program work:
 Right to do any act aforesaid mentioned; and
 Right to sell, rent, offer for sale of the copyrighted work.
3. In the case of artistic work:
 Right to reproduce;
 Right to communicate;
 Right to issue copies;
  Right to make any cinematography and sound recording;
 Right to make an adaptation; and
 Right to do any other activities related to the translation or adaptation.
4. In case of a cinematograph film work:
 Right to sell, rent, offer for sale of the copyrighted work; and
 Right to communicate.
5. In the case of a sound recording work:
 Right to communicate;
 Right to issue copies; and
 Right to sell, rent, offer for sale of the copyrighted work.
Moral rights
In addition to the protection of economic rights, the Copyright Act, 1957
conjointly protects ethical rights, that is due to the actual fact that a literary or
inventive work reflects the temperament of the creator, just as much as the
economic rights reflect the author’s need to keep the body and the soul of his
work out from commercial exploitation and infringement. These rights are
supported by Article 6 of the Berne Convention of 1886, formally referred to as a
world convention for the protection of literary and inventive works, whose core
provision relies on the principle of national treatment, i.e. treats the opposite
good as one’s own.
Section 57 of The Copyright Act, of 1957 recognizes two types of moral rights
which are:
 Right to paternity– which incorporates the right to assert the authorship of
the work, and the right to forestall others from claiming authorship of his
work; and
 Right to integrity- which incorporates the right to restrain, or claim
damages in respect of any distortion, modification, mutilation, or any other
act relating to the said work if such distortion, multiplication, or alternative
act would be prejudiced to claimant honor or name.
AUTHORSHIP AND OWNERSHIP IN COPYRIGHT
Section 17 of this Act recognizes the author as the first owner, which states that
subject to the provision of this Act, the author of a work shall be the first owner of
the copyright therein:
 In the case of literary or dramatic composition, the author,
 In the case of musical work, the musician,
 In the case of creative work apart from photography, the artist,
 In the case of photographic work, the artist,
 In the case of cinematographic or recording work, the producer,
 In case of any work generated by any computer virus, the one who created
it.
However, this provision provided to bound exception:
 In case of creation is made by the author underemployment of the
proprietor of any newspaper, magazine or any periodic, the said proprietor,
 In the case where a photograph is taken, painting or portrait is drawn, a
cinematograph is made for the valuable consideration of any person, such
person,
 In case of work done in the course of the author’s employment under the
contract of service, such employer,
 In case of address or speech delivered on behalf of another person in
public, such person,
 In the case of government works, the government,
 In the case of work done under the direction and control of public
undertaking such public undertaking, such and
 In the case of work done in which the provision of Section 41 apply,
concerned international organizations.
ASSIGNMENT OF COPYRIGHT
The owner of the copyright can generate wealth not only by exploiting it but also
by sharing it with others for mutual benefit. This can be done by the way of
assignment and licensing of copyright.
Only the owner of the copyright has the right to assign his existing or future
copyrighted work either wholly or partly and as a result of such assignment the
assignee becomes entitled to all the rights related to copyright to the assigned
work, and he shall be treated as the owner of the copyright in respect of those
rights.
Mode of the assignment agreement
As per Section 19, these conditions are necessary for a valid assignment:
 It should be in writing and signed;
 It should specify the kinds of rights assigned and the duration or territorial
extent; and
 It should specify the amount of royalty payable if required in any case.
It is also provided that, if the period is not mentioned in the agreement it will be
considered as five years and if the territorial extent is not stipulated in the
agreement, it will be considered as applicable to the whole of India.
Disputes related to the assignment of copyright
According to the Copyright Act, 1957, the appellant board where the receipt of
the complaint by the assignor and after holding necessary inquiry finds that the
assignee has failed to make the exercise of the rights assigned to him, and such
failure is attributed to any act or omission of the assignor, may by suitable order,
revoke such assignment. However, if the dispute arises with respect to the
assignment of any copyright then that appellate board may also order the
recovery of any royalty payable.
Operation of law in assignment
According to The Copyright Act, 1957, where under a bequest a person is entitled
to the manuscript of any literary, dramatic or any other kind of work and such
work has not been published before the death of the testator, unless the contrary
is proved such person shall be treated as the owner for such work.
INFRINGEMENT AND REMEDIES
Where a person intentionally or unintentionally infringes the rights of the
copyright holder, the holder may be subject to the following remedies available
under this Act.
Civil remedies
These remedies are given under Section 55 of the Copyright Act, 1957 which are:
Interlocutory injunction
This is the most important remedy against the copyright infringement, it means a
judicial process by which one who is threatening to invade or has invaded the
legal or equitable rights of another is restrained from commencing or continuing
such act, or is commanded to restore matters to the position in which they stood
previous to the relation. Thus for granting the interlocutory injunction, the
following three factors are considered as necessary:
 Prima facie case, an assumption of the court that the plaintiff can succeed
in the case and become eligible for relief.
 Balance of convenience, in it the court will determine which parties suffer
the greater harm, this determination can vary with the facts of each case.
 Irreparable injury, it is difficult to decide and determine on a case by case
basis. Some examples of it include- loss of goodwill or irrevocable damages
to reputation, loss of market share.
Mareva injunction
This is a particular form of the interlocutory injunction which restrains the
defendant from disposing of assets that may be required to satisfy the plaintiff’s
claim or for removing them from the jurisdiction of the Court.
Anton Piller order
This order is passed to take into possession the infringed documents, copies and
other relevant material of the defendant, by the solicitor of the plaintiff. This order
is named after the famous case of Anton Piller KG v/s Manufacturing Process Ltd,
1976. In this case, the plaintiff Antone Piller, the German manufacturer is
successful in passing ex-parte awards of restraining the use of his copyrighted
products against the defendant.
John Deo’s order
In this order, the Court has the power to injunct rather than those impeded in the
suit, who may be found violating the rights in the field of copyright. Thus this
order is issued against the unknown person, who has allegedly committed some
wrong, but whose identities cannot entertain the plaintiff.
Pecuniary remedies
There are three types of pecuniary remedies provided:
1. An account of profit, which lets the owner seek the sum of money made,
equal to the profit made through unlawful conduct.
2. Compensatory damages, which let the copyright owner seek the damages
he suffered.
3. Conversational damages, which are assessed to the value of the article.
Criminal remedies
For infringement of copyright, the criminal remedies provided under Section 63:
 Imprisonment, not less than 6 months which may extend up to 3 years;
 Fine may not be less than 50,000 which may extend up to 2,00,000;
 Search and seizure of copyrighted goods; and
 Delivery of copyrighted goods to the copyrighted owner.
In the case of repeat offenders, the minimum punishment terms of 1 year and a
fine of 1 lakh however, the highest punishment will be the same as the first-time
offender.
EXCEPTIONS
This act shall not constitute copyright infringement in cases of:
Fair Dealing
Fair dealing is the statutory limitation on the exclusive right of the copyright
owner which permits the reproduction or use of copyrighted work in a manner
that otherwise would have constituted infringement. This law is given
under Section 52 of the Copyright Act, 1957 according to which the free uses can
be made for any work except computer programs for the purposes:
 For private and personal use including research,
 For criticism and review,
 For reporting of current events or issues including lectures in public,
 For broadcasting in cinematographic films or by posting photographs,
 For reproduction and reporting of any judicial proceeding,
 For reproduction, or publication of any kind of work prepared by the
secretariat of a legislature,
 For reproduction of any kind of work in a certified copy made or supplied
accordance with any law,
 For reading and recitation of any literary or dramatic work in the public
domain,
 For publication of any non-copyright matter bona fide intended for the use
of educational institutes, and
 For recording any sound by the owner of the right in the work.
INTERNATIONAL COPYRIGHT ORDERS
Chapter IX of the Indian Copyright Act, 1957 describes the provisions of
international copyright. Section 40 states the powers to extend copyright to
foreign works and section 42 governs the provisions as to works of certain
international organizations.
The power to extend copyright to foreign works is as follows -
The Central Government may, by order published in the Official Gazette, direct
that all or any provisions of this Act, shall apply.
(a) To publish work first within the territory of India and then outside
(b) To unpublished works, the authors whereof were at the time of the making of
the work, subjects or citizens of a foreign country to which the order relates, in
like manner as if the authors were citizens of India.
(c) In respect of domicile in any territory outside India to which the order relates
in like manner as if such domicile were in India
(d) To any work of which the author was at the date of the first publication
thereof, or, in the case where the author was dead at the date, was at the time of
his death, a subject or citizens of a foreign country to which the order relates in
like manner as if the author was a citizen of India at that date or time.
According to section 42 of the act, it provides power to restrict rights in works of
foreign authors first published in India – If it appears to the Central Government
that a foreign country does not give or has not undertaken to give adequate
protection to the works of Indian authors, the Central Government may, by order
published in the Official Gazette, direct that such of the provisions of this Act as
confer copyright on works first published after the date specified in the order, the
authors whereof are subjects or citizens of a such foreign country and are not
domiciled in India, and thereupon those provisions shall not apply to such works.
ISSUES IN DIGITAL COPYRIGHTS
Digital Right Management includes techniques which have been developed to
control duplication, modification and distribution of original works. The authors or
the creators of the original works contend that DRM techniques are necessary in
order to protect their interest by preventing free and unauthorized copying and
distribution of their work.
However there are few who support the view that DRM techniques pose
unnecessary hurdles for the public and impede the way of innovation and
creativity by not letting others from being motivated by the original work of
others.
PROVISIONS UNDER INDIAN COPYRIGHT LAW
Many techniques have been developed to protect the original work like digital
watermarking, access and copy controls etc. However, despite the fact that these
techniques have been incorporated in the legislation, regulation and protection of
original works in the digital environment remains a goal that is yet to be achieved.
It is very important that ideas should be available to the general public so that the
flow of creativity must not be blocked. However, creators and authors must always
be incentivized for their efforts. Hence the interest of both must be kept in mind
while enacting and implementing DRM techniques.
Strengthening of Border Measures
Section 53, dealing with the importation of infringing copies, has been substituted
with a new section providing detailed border measures to strengthen the
enforcement of rights by making provisions to control the import of infringing
copies by the Customs Department, disposal of infringing copies and presumption
of authorship under civil remedies.
Protection of Technological Measures
The new section 65A, introduced for protection of technological protection
measures (TPM) used by a copyright owner to protect his rights on the work,
makes circumvention of it a criminal offense punishable with imprisonment.
As a result, any person who circumvents an effective technological measure
applied for the protection of any of the rights, with the intention of infringing such
rights, shall be punishable with imprisonment, which may extend to two years,
and shall also be liable to fine. The rationale is to prevent the possibility of high-
rate infringement (digital piracy) in digital media.
This amendment also clarifies the problem of circumvention impacting the public
interest on access to work facilitated by copyright laws. Sub-section (2) permits
circumvention for specified uses.
Digital Rights Management Information
Section 65B has been introduced to provide protection of rights management
information, which has been defined under clause (xa) of section 2.
This amendment is intended to prevent the removal of the rights management
information without authority and distributing any work, fixed performance or
phonogram, after removal of rights management information. As a result, any
unauthorized and intentional removal or alteration of any rights management
information is a criminal offence punishable with imprisonment, which may
extend to two years and fine. The rationale of the protection emanates from the
practice in the digital world of managing the rights through online contracts
governing the terms and conditions of use.
The protection of technological measures and rights management information
were introduced in WCT and WPPT as effective measures to prevent the
infringement of copyright in digital environments. The introduction of Sections
65A and 65B is expected to help the film, music and publishing industry in fighting
piracy.
About the Author: This Law Notes is prepared by Ms. Anubha Mathur, law
student at Amity University, Noida and was an intern at MyLawman. She can be
reached at [email protected].
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