COPYRIGHT: INTRODUCTION:

Copyright relates to literary and artistic creations, such as books, music, paintings and
sculptures, films and technology-based works (such as computer programs and electronic
databases). In certain languages, copyright is referred to as authors’ rights. Although
international law has brought about some convergence, this distinction reflects an historic
difference in the evolution of these rights that is still reflected in many copyright systems.
The expression copyright refers to the act of copying an original work which, in respect of
literary and artistic creations, may be done only by the author or with the author’s permission.
The expression authors’ rights refers to the creator of an artistic work, its author, thus
underlining that, as recognized in most laws, authors have certain specific rights in their
creations that only they can exercise, which are often referred to as moral rights, such as the
right to prevent distorted reproductions of the work. Other rights, such as the right to make
copies, can be exercised by third parties with the author’s permission, for example, by a
publisher who obtains a license to this effect from the author.

WORKS IN WHICH COPYRIGHT SUBSISTS

Literary works

For the purpose of copyright law, "literary" works do not necessarily have to possess literary
merit see section 2(o). Further, what is protected, is not the idea, but its formal expression in
writing. Agarwala Publishing House v. Board of High School and Intermediate Education
AIR 1967 All. 91. Copyright can therefore be claimed in compilations of various types.
Macmillan v. R.C.Cooper, AIR1924P.C. 75. N.T.Raghunathan v. All India Reporter, AIR
1971 Bom. 48, R.G.Anand v. Delux Films, AIR 1978 S.C. 1613. In particular, it can be
claimed in encyclopaedias, lexicons etc. In fact, section 35(1) of the Indian Copyright Act,
1914, specially mentioned them.

Dramatic works

As defined in section 2(h) of the Copyright Act, a 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." Judicially also, it has been held that "dramatic work" does not include cinema films.
Fortune Films v. Dev Anand, AIR 1979 Bombay 17,23,24 holding that actor in a film is not
protected for his acting. Controversies have arisen by reason of adaptation of a story in aplay,
which is again made into a film. Indian Express Newspapers Ltd. v. Jagmohan, AIR 1985
Bom. 229.

Artistic works

Artistic works are defined by the Copyright Act as meaning a painting, sculpture,drawing of
any kind (including diagram, map, chart or plan), an engraving or a photograph, whether or
not such work possesses artistic quality. Besides this, an architectural "work of art" and any
other work of artistic craftsmanship are also artistic works. (Section 2(c).) Artistic quality, as
such, may not be required, but there has to be some use ofhuman labour and skill. D.C.S.
Bureau v. United Concern, AIR 1967 Mad. 381; Camlin Private Ltd. v. National Pencil
Industries, AIR 1986 Delhi 44.

Cinematograph films and Video films

"Cinematograph film" is defined in section 2(f) as including the sound track; and
"cinematograph" itself is defined as any work produced by any process analogous to
cinematography. Video films are also deemed to be produced by "a process analogous to
cinematography".

Records

The embodiment of sound, and its capacity for reproduction, are the two essentials of the
concept of "record" in the Copyright Act, section 2(w), where the expression is defined as
"any disc, tape, perforated roll or other device in which sounds are embodied so as to be
capable of being reproduced therefrom", other than a sound track associated with a
cinematograph Film.

Musical works

It has been held by the Supreme Court of India that the author (composer) of a lyric or
musical work, who has authorised a cinematograph film of his work by incorporating or
recording it on the cinematograph film, cannot restrain the owner of the copyright in the film
from (0) causing the sound portion of the film to be performed or projected on screen in
public for profit or (ii) from making any record embodying the recording in any part of the
sound tracks. The reasoning is, that section 14(i) &(iii) authorise the owner of the copyright
in the film to make any record embodying the recording in any part of the sound tracks
associated with the film. The decision has not escaped criticism. Indian Performing Rights
Society v. East India Motion Pictures Association AIR 1977 SC 1443.

NEED FOR COPYRIGHT PROTECTION

It is important to note that copyright protects the way in which the idea is presented, rather
than the idea itself; for example, if it is committed to paper or another piece of media.

So what makes it so important to have copyright protection? Sure, if it happens automatically,

don’t you have to worry about it? While it’s true that your work is automatically protected,
that doesn’t mean that people won’t copy your gain.

Copyrights should be protected because it ensures certain minimum safeguards for author’s
rights over their creations, thus protecting and rewarding their creativity. Since creativity is
the key to progress, no civilized society can afford to ignore the basic requirement to
encourage the same thing. The economic and social development of a society depends on
creativity. There is also the concept of copyright as a legacy that can last for decades, passed
down as a part of the estate. In the case of literary, musical or artistic works, copyrights may
last another 70 years after the death of the original creators and in the broadcast or publishing
cases this period may extend to 50 years.

If someone infringes your copyright, you will have legal grounds to sue the guilty party either
to pay you a license or to compensate you for any financial loss you may have incurred. If
they use your work without your knowledge, you have the right to stop them doing so and to
receive compensation for any earnings they have earned on the back of your work. If you see
anyone use your job without your knowledge or consent, we recommend that you consult an
IP expert on what legal action you should take. If you have works that are patented and have
attracted the attention of other parties, you can explore your licensing options to ensure that
you can benefit financially from their use. Licensing is your legal permission to another party
to allow them to use any (or all) of your copyrighted works.

Licensing is also an important way to improve the legal security for the project, which can be
used as evidence against any person that refuses to fulfil their side of the bargain or uses the
research without authorisation. Infringements of copyright occur every day, so remain on top
of defending your intellectual property and take reasonable action to ensure that your rights
are taken care of.
CONDITIONS FOR COPYRIGHT PROTECTION

Copyright does not protect ideas or facts themselves. Copyright does protect the selection and
arrangement of ideas: i.e., their original and creative expression, as soon as they are fixed in
some tangible form. The Requirements to Claim Copyright Are:

Fixation
The ideas must be fixed in some tangible medium of expression. Copyright protection is
automatic, although there are benefits to officially registering your work with the Copyright
Office. Copyright protection is immediate, as soon as the expression is fixed in tangible form.
That is, it applies to drafts and completed works, both published and unpublished.

Originality
A fixed expression of ideas is protected by copyright if and only if it is original.
Neither quality nor uniqueness is required.

Even bad work is subject to copyright protection.

Works that are similar, but independently created, are individually subject to copyright
protection.

Minimal Creativity
Hard work is not enough to gain copyright protection.
At least minimal creativity is also required.
Examples:

A list of parts for a child’s toy is probably not subject to copyright.

A sheet of instructions for assembling a toy from its parts may be subject to copyright.

A complete telephone white page is not subject to copyright.

A categorized yellow pages directory may be subject to copyright.

A web-site that provides the means for searching a white pages database may be subject to
copyright.
Copyright protection is not provided for;

 Works not fixed in tangible form.

 Titles, names, short phrases, slogans, methods, factual information, symbols or designs –
however,trademark law may provide some protection to these works.

 Ideas or concepts, procedures, process, plans, principles, discoveries, and guidelines –

however, in such cases patent or trade secret law may provide protections to these works.

 Works that are already in the public domain and original authorship is not traceable are
not covered under copyright law.

 Copyright works that are already expired.

NEED FOR A COPYRIGHT REGISTRATION

Copyright comes into existence as soon as a work is created and no formality is required to
be completed for acquiring copyright then the main issue which arises here is why is it there a
necessity to have an original work registered under Copyright Law? For instance, suppose X
wrote a computer coding after working day and night and putting in a lot of sweat and effort
into it. He then put it up on his website for others to give a feedback. After a few months, X
noticed that someone else had copied it and was making money off it by using his coding to
make his own website. Now, because he had copyright, he could use it as an evidence in the
court and prove that it is his coding and the infringer must be punished.
Through this illustration, we can observe that registered copyrights protect your work and
prevent others from using it to for their own profit. Now let us comprehend some of the needs
for having a copyright registered –
- Copyright registration creates a record. It reflects that your work is protected by copyright
and also enables a person who wants to license your work to search you.
- It enables you to file a suit and take legal steps against someone who infringes your
copyright, say be selling and displaying your artwork in public without your permission.
- It gives you the right to sell or pass on your work for financial purpose.
- It allows you to alter the form of your work
- It gives you a legal evidence of your ownership.
PROCEDURE OF REGISTERING COPYRIGHT IN INDIA
Step 1: File an Application
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 where different types of work have different fees. The various modes of paying
includes 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
Here, 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.
- 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 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).

GUIDELINES FOR COPYRIGHT REGISTRATION

Generally, copyright comes into existence once the work is created and no registration is
required. But getting a copyright registration certificate will help the owner in claiming the
ownership of the original work in a court of law if it is misused or replicated. Copyright can
be registered online anywhere across India. According to the Copyright rules, some of the
basic guidelines are:
Application for registration to be made on Form IV
Separate applications to be filed for registration of each work
Each application must be accompanied by the requisite fee as prescribed
Application has to be signed by the applicant
Both published and unpublished work (also called manuscripts) can be registered.
Copyright can also be sought for work published before 21st January 1958, i.e., before the
Copyright Act, 1957 came into force, provided it still enjoys copyright.
Three copies of published work must be sent along with the application. If it is an
unpublished work, a copy of the manuscript should be sent along with the application.
If two copies are sent, one will be duly stamped by the Officer and returned to the copyright
applicant and the other will be kept confidential at the Office for reference.
While sending manuscripts, the applicant can choose to send only the extracts from the work.
The applicant can also ask the Officer to return the extracts after being stamped.
If an unpublished work is registered and later published, an application may be filed for
changes.
DURATION/TERM OF COYRIGHT IN INDIA

 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, works of government and

works of international organisations etc., are protected for a period of 60 years
which is counted from the year following the date of publication.

COPYRIGHT INFRINGEMENT
Use of any copyrighted work without the permission of the owner amounts to copyright
infringement. Infringement occurs when a person intentionally or unintentionally copies/uses
the work of another without credit. Infringement is usually classified into two categories-
primary infringement and secondary infringement.
Primary infringement is the actual act of copying, while secondary infringement includes
unauthorised dealings like selling the pirated books, importing, etc. In the case of secondary
infringement, knowledge of infringement is present with the infringer while in the case of
primary infringement, knowledge may or may not be present.
When does Copyright infringement occur?
In India, copyright infringement occurs when-
 Copies of copyrighted work are made for sale/hire without permission or authority, like
in the case of online piracy
 A copyrighted work is performed in a public place
 Infringing copies are distributed for the purpose of trade and personal gains
 Public exhibition of infringing copies by way of trade prejudicial to the owner
 Infringing copies are imported from another country into India
What does not amount to infringement?
There are certain acts that do not amount to copyright infringement. However, there are some
conditions that must be fulfilled to ensure that copyright infringement has not occurred.
These conditions include the use of a copyrighted work for research, study, criticism, review,
news reporting, use in a library, schools, and legislations. Such uses of copyrighted work are
permitted without the need to obtain permission from the copyright owner.
Other acts that do not amount to copyright infringement in India are:
 Fair use: An important defence against copyright infringement, defined under Section
53 of the Copyright Act. The burden of proof of an act of copyright infringement is on
the owner.
 Connected judicial proceeding
 Performance by an amateur club or society, if the performance is in front of a non-paying
audience
 Making sound recordings of literary, dramatic, or musical works under certain conditions
ACTIONS AGAINST COPYRIGHT INFRINGEMENT
The key requirements for taking an action against copyright infringement include:
 Proof of ownership of copyright
 Substantial similarity between the original and the infringed copy
 Copying amounts to improper appropriation
The first thing to do is to send a legal notice for copyright infringement to the person or entity
guilty of copyright violation. In the case of online copyright infringement, a takedown notice
may be sent to the person or company involved. A copyright owner can take several actions
against copyright infringement under the civil and criminal laws.

REMEDIES AGAINST INFRINGEMENT OF COPYRIGHT IN INDIA:

The Copyright law in India provided for remedies to be made available to the author against a
copyright infringer. The Copyright Act, 1957 provides to an author both Civil, Criminal and
border enforcement remedies. They are:
Civil remedies: This provides for injunctions, damages, interpretation of accounts, delivery
and destruction of infringing copies and damages for conversion.
Criminal remedies: This provides for imprisonment, fines, seizures of infringing copies and
delivery of infringing copies to the owner.
Under the Copyright Act, 1957, criminal action against copyright infringement can also be
taken. The person found guilty of copyright infringement would be liable for punishment for
imprisonment for not less than 6 months and up to 3 years, or fine of at least Rs. 50,000
to Rs. 2 lakhs.
Under the criminal action taken against copyright infringement, a search and seizure of
infringing goods may also be ordered by the court and the infringing goods may be delivered
to the actual copyright owner