COPYRIGHT LAW - 2024 1. What do you mean by Copyright?

1. What do you mean by Copyright? Explain the nature, object and relevancy of (i) to reproduce the work in any material form including depiction in three
Previous Year Questions copyright? dimensions of a two dimensional work or in two dimensions of a three
dimensional work;
1. What do you mean by Copyright? Explain the nature, object and relevancy Copyright Act, 1957 embodies the ground rules for copyright administration in (ii) to communicate the work to the public;
of copyright? India through amendments introduced from time to time. It broadly conforms to (iii) to issue copies of the work to the public not being copies already in
2. What are neighbouring rights and how it differs from protected works? the provisions of the Berne Convention and the Universal Copyright Convention. circulation;
3. What is ownership of copyright and how can such rights be protected? For the purposes of this Act, "copyright" means the exclusive right subject to the (iv) to include the work in any cinematograph film;
4. Specify the works where the copyright subsists and does not subsist. provisions of this Act, to do or authorise the doing of any of the following acts in (v) to make any adaptation of the work;
5. How can copyright be assigned. Explain the procedure to relinquish respect of a work or any substantial part thereof, namely:- (vi) to do in relation to an adaptation of the work any of the acts specified
copyright of an author? (a) in the case of a literary, dramatic or musical work, not being a computer in relation to the work in sub-clauses (i) to (iv);
6. What do you mean by terms of copyright? Explain vividly. programme, (d) In the case of cinematograph film, -
7. What do you mean by compulsory license? (i) to reproduce the work in any material form including the storing of it in (i) to make a copy of the film, including a photograph of any image forming
8. How are the rights of Broadcasting Organization and performers protected any medium by electronic means; part thereof;
under copyright act? (ii) to issue copies of the work to the public not being copies already in (ii) to sell or give on hire, or offer for sale or hire, any copy of the film,
9. Discuss procedure for registration of copyright. What is its evidentiary circulation; regardless of whether such copy has been sold or given on hire on earlier
value? (iii) to perform the work in public, or communicate it to the public; occasions;
10.Draw a distinction between copyright office and copyright board. (iv) to make any cinematograph film or sound recording in respect of the (iii) to communicate the film to the public;
11. Copyright Societies work; (e) In the case of sound recording, -
12.Describe the essential ingredients of infringement and its exception. (v) to make any translation of the work; (i) to make any other sound recording embodying it;
13. Defences available against infringement of Intellectual Property. (vi) to make any adaptation of the work; (ii) to sell or give on hire, or offer for sale or hire, any copy of the sound
14.Explain the remedies available against infringement of copyright. (vii) to do, in relation to a translation or an adaptation of the work, any of recording regardless of whether such copy has been sold or given on hire on
the acts specified in relation to the work in sub-clauses (i) to (vi); earlier occasions;
(b) in the case of a computer programme,- (iii) to communicate the sound recording to the public.
(i) to do any of the acts specified in clause (a); 51A “
(ii) to sell or give on commercial rental or offer for sale or for commercial Explanation : For the purposes of this section, a copy which has been sold once
rental any copy of the computer programme: Provided that such commercial shall be deemed to be a copy already in circulation.
rental does not apply in respect of computer programmes where the programme
itself is not the essential object of the rental.” What is copyright
Copyright is a type of intellectual property right. Authors who have original works
(c) in the case of an artistic work,- such as works of literature (including computer programs, tables, collections,
computer datasets, expressed in words, codes, schemes, or in any other context,
along with a device readable medium), dramatic, musical, and artistic works,
cinematographic films, and audio recordings are all awarded copyright safeguards

under Indian law. Instead of protecting the ideas themselves, Copyright Law Second, a work’s knowledge and suggestions can be freely expanded upon by artistic works as well as cinematographic and sound recordings are shielded from
safeguards manifestations of ideas. Literary works, theatrical works, musical others, thanks to copyright legislation. Additionally, it permits some unrestricted illegal access under the Copyright Act of 1957. In contrast to patents, copyright
works, creative works, cinematographic films, and sound recordings all have uses of copyrighted content. The Copyright Act of 1957 outlines the range of safeguards expressions rather than ideas.
copyright protection under Section 13 of the Copyright Act of 1957. For instance, these permissible uses. To establish harmony between the rights of the copyright
the Act protects literary works such as books and computer programs. owner and the welfare of people to the greatest possible degree in the interest of Provisions to assert the ownership
society, measures relating to free use are included in the Act. The Madras High The original owner of the copyright is the creator of the work itself, as stated in
The term “copyright” refers to a collection of exclusive rights that Section 14 of Court held that “copyright law is to preserve the fruits of a man’s effort, labour, Section 17 of the Copyrights Act of 1957. The one exception to this rule is when
the Act grants to the owner of the copyright. Only the copyright owner or another talent, or test from annexation by other persons” in Sulamangalam R. Jayalakshmi an employee creates work while performing duties as part of their employment,
person who has permission to do so from the copyright owner may exercise these v. Meta Musicals, Chennai (2000). in which case the employer assumes ownership of the copyright.
rights. These rights include the ability to adapt, reproduce, publish, translate, and
communicate with the public, among other things. Copyright registration just Nature of copyright Civil and criminal remedies
establishes an entry for the work in the Copyright Register kept by the Registrar of In nature, copyright is an incorporeal property. The premise that the legitimate Section 55 of the Copyright Act of 1957 addresses civil remedies for copyright
Copyrights and does not grant any rights. owner developed or created the work justifies the property in it. The property infringement. These civil remedies encompass restitution, injunctions, account
owner has two options for disposing of his property: outright sale (assignment of interpretation, deletion and surrender of copies made infringing, as well as
Historical development in India his rights) or licensing. Copyright is also a collection of exclusive rights. A negative conversion damages. Section 63 of the Copyright Act of 1957 specifies criminal
In India, the earliest law of copyright was enacted by the British during the realm right is one that allows the owner to stop someone from copying his creation or penalties for copyright infringement. These criminal penalties can take the form of
of East India Company that is the Indian Copyright Act, 1847 which was passed for carrying out any other actions that, under Copyright Law, are only permitted to be jail time, fines, searches, the seizure of contraband, etc. The maximum sentence
the enforcement of rules of English copyright in India. After it, by Copyright Act carried out by him. The exclusive rights to works protected by copyright have a for imprisonment is 3 years, but it cannot be less than 6, and the maximum fine is
1911, this law was repealed, replaced and applied to all British colonies including term limit. In contrast to physical property, which endures for the lifetime of the between 50,000 and 2,00,000 rupees.
India. Further, it was again modified in 1914 by the Indian Copyright Act, 1914, thing on which it is bestowed, copyright only exists for a finite amount of time.
which remained applicable in India until replaced by the Copyright Act, 1957 by After this time period has passed, the work enters the ‘public domain’. In other Establishment of copyright boards and offices
the parliament of sovereign India. words, it becomes public property and is available for use without restriction by The Copyright Act of 1957 also makes provisions for the establishment of a
everyone. Therefore, the public interest is served by exclusive rights to copyright board to assist in resolving copyright-related issues and a copyright
Objectives of copyright law copyrighted works for a short time. office, which comes under the jurisdiction of the Registrar of the Copyright, for
Copyright is primarily intended to advance science and useful art and to the registration of books and other “works” of art. The establishment of an office
compensate authors for their labour. In order to do this, copyright guarantees Salient features of the Copyright Act, 1957 to be known as the Copyright Office for Act purposes is provided for under
authors the right to their creative expression while allowing others to openly The salient features of the Copyright Act, 1957 are herein mentioned below: Section 9 of the Copyright Act, 1957. The Copyright Board was established under
expand upon the concepts and knowledge presented in a work. The primary goals Section 11 of the Copyright Act of 1957.
of copyright law are twofold. First and foremost, copyright laws were created by Scope of rights conferred to the author
nations to guarantee the original expression of writers, songwriters, designers, Literary works, musical works, theatrical works, creative works, sound recordings, Important sections of the Copyright Act, 1957
artists, and other creatives, as well as film and sound recording producers, who and cinematographic films are all protected by copyright under Section 13 of the The following are the important sections of the Copyright Act of 1957:
risked their money to present their works to the public. Copyright Act of 1957. Literary works, for instance, books, manuscripts, poetry,
and theses are safeguarded by the Act. Original literary, dramatic, musical, and
Section 2 deals with various definitions of the work which can be covered under ● Original Artistic Work, the expression cinematograph shall be construed as including any work produced
the definition of copyright. For example, Section 2(o) deals with literary works, ● Cinematography films, and by any process analogous to cinematographic including video films.
Section 2(h) includes all dramatic works under the definition of copyright ● Sound recordings.
protection, and Section (p) deals with musical and graphical works. Original Literary Work Sound Recording
Section 13 of the Copyright Act, 1957, is the most requisite Section as it deals with It is the product of the human mind which may consist of a series of verbal or According to The Copyright Act, 1957, sound recording suggests a recording of
the subject matter of copyright protection. According to Section 13(1), all of India numerical statements, not necessarily possessing aesthetic merit, capable of sounds from which that sound may be produced regardless of the medium on
is under the purview of the Copyright, and the following classifications of works being expressed in writing, and which has been arrived at by the exercise of which such recording is made or the method by which the sounds are produced.
are protected by the Copyright: substantial independent skill, creative labor, or judgment. The Copyright Act, Clause (a) of this Section 13 provides the definition of original work whereas
● Original artistic, musical, dramatic, and literary works 1957 provides an inclusive definition of literary work, according to which the clauses (b) and (c) protect by-product works. This Section stipulates that copyright
● Sound recording literary work includes computer programming, tablets, and compilations including is subject to the provisions of the aforesaid Section and therefore the different
● Cinematograph films computer databases. provisions of the Act don’t exist de-hora and outside the ambit of the Act, it’s a
The published and unpublished works of architecture are discussed in Section right created under the statute and no right outside the aforesaid Act is claimed.
13(2). If the work is published, it must be published in India. If the work is Original Dramatic Work
published outside of India, the author must be an Indian citizen at the time of According to the Copyright Act,1957, the dramatic work includes any piece for Rights of the copyright holder
publication or at the time of his death. Except for works of architecture, the recitation, choreographic work or entertainment in dumb shows, the scenic In the Copyright Act, 1957, the owner possesses the negative rights which are to
authors of unpublished works must be Indian citizens or have a place of residence arrangement or acting form which is fixed in writing or otherwise but does not prevent others from using his works in certain ways and to claim compensation
in India. When it comes to architectural works, only the work itself must be from include a cinematographic film. Since the definition is an inclusive one, the other for the usurpation of that right. In this Act, there are two types of rights given to
India and not the architect, because architectural works can also be done in things fall within the general meaning of dramatic work, and may also be covered the owner:
written form. The copyright in an architectural work shall only apply to the by the definition. ● Economical rights;
creative character and design and shall not include the construction process or Original Musical Work ● Moral rights.
processes. According to the Copyright Act, 1957, musical work means any work consisting of Economic rights This right is also known as the Exclusive Rights of the copyright
music and includes any graphical notion of such work, but does not include any holder provided under Section 14. In this Act different types of work come with
A few rights are protected under copyright legislation. These three types of rights words or any action intended to be sung, spoken or performed with the music. In different types of rights. Such as:
are common or economic, moral, and neighbouring. According to Section 14, order to qualify for copyright protection, a musical work must be original. In the case of original literary, musical, and dramatic work:
moral rights are granted under Section 57, economic rights are granted under Original Artistic Work ● Right to reproduce;
Section 14 and neighbouring rights are granted under Sections 37A and 378. According to the Copyright Act, 1957, artistic work includes any painting, ● Right to issue copies;
sculpture, drawing, or engraving photograph of any work possessing artistic ● Right to perform at public;
Subject matter of copyright qualities. However, it also includes the architecture and artistic craftsmanship of ● Right to make cinematography and sound recording;
All subject matters protected by copyright are called ‘works’. Thus according to such works. ● Right to make any translation;
Section 13 of The Copyright Act 1957, it may be subjected for the following works: ● Right to adaptation; and
● Original Literary Work, Cinematographic Films ● Right to do any other activities related to the translation or adaptation.
● Original Dramatic work, According to the Copyright Act,1957 cinematographic films includes any work of
● Original Musical work, visual recording and a sound recording accompanying such visual recording and In the case, of computer program work:

● Right to do any act aforesaid mentioned; and ● Right to integrity- which incorporates right to restrain, or claim of damages 2. What are neighbouring rights and how it differs from protected works?
● Right to sell, rent, offer for sale of the copyrighted work. in respect of any distortion, modification, mutilation, or any other act Neighboring rights protect performers, producers, and broadcasters' rights to
In the case of artistic work: relates to the said work if such distortion, multiplication or alternative act control the use of their performances, recordings, or broadcasts. Protected works
● Right to reproduce; would be prejudiced to claimant honor or name. refer to the creations of authors, such as books, music, and artwork, which are
● Right to communicate; safeguarded by copyright law.
● Right to issue copies; Authorship and Ownership in copyright
● Right to make any cinematography and sound recording; Section 17 of this Act recognizes the author as the first owner, which states that Neighboring Rights: With the advancement in media and technology, the
● Right to make an adaptation; and subject to the provision of this Act, the author of a work shall be the first owner of protection of the rights of those who authored literary, musical, dramatic, and
● Right to do any other activities related to the translation or adaptation. the copyright therein: artistic works grew to those who helped in the communication and publicizing of
In case of a cinematograph film work: ● In the case of literary or dramatic composition, the author, these works to the public. This brought in a new concept of Neighboring Rights.
● Right to sell, rent, offer for sale of the copyrighted work; and ● In the case of musical work, the musician, These rights, also referred to as Related or Secondary Rights, grew as a concept
● Right to communicate. ● In the case of creative work apart from photography, the artist, parallel to Copyright. The main purpose behind it was to protect the rights of
In the case of a sound recording work: ● In the case of photographic work, the artist, those intellectual creators who put in efforts to convey the message of the author
● Right to communicate; ● In the case of cinematographic or recording work, the producer, to the public.
● Right to issue copies; and ● In case of any work generated by any computer virus, the one who created.
● Right to sell, rent, offer for sale of the copyrighted work. The author himself is not always capable of disseminating the message of his art
However, this provision provided to bound exception: to the public at large. For instance, poetry by Gulzar might not be enjoyed by the
Moral rights ● In case of creation is made by the author underemployment of the public, if it is not sung by a famous singer like Arjit Singh. It may also not garner as
In addition to the protection of economic rights, the Copyright Act, 1957 proprietor of any newspaper, magazine or any periodic, the said proprietor, much recognition if it is not telecasted by a music channel, say B4U Music. These
conjointly protects ethical rights, that is due to the actual fact that a literary or ● In the case where a photograph is taken, painting or portrait is drawn, channels of communication, therefore, deserve their fair share of protection
inventive work reflects the temperament of the creator, just as much as the cinematograph is made for the valuable consideration of any person, such under the law. Not only do they communicate the work, but they also bring in
economic rights reflect the author’s need to keep the body and the soul of his person, reach and add in their own set of skills, be it their artistic skills, or their marketing
work out from commercial exploitation and infringement. These rights are ● In case of a work done in the course of the author’s employment under the skills.
supported by Article 6 of the Berne Convention of 1886, formally referred to as a contract of service, such employer,
world convention for the protection of literary and inventive works, whose core ● In case of address or speech delivered on behalf of another person in Neighboring Rights protect the rights of these channels of communication. These
provision relies on the principle of national treatment, i.e. treats the opposite public, such person, rights were first recognized under the Rome Convention of 1961. The convention
good as one’s own. ● In the case of government works, the government, provided them with a protection tenure of 20 years, which could be extended in
● In the case of work done under direction and control of public undertaking the national laws to up to 50 years. They divide these rights into three categories:
Section 57 of The Copyright Act,1957 recognize two types of moral rights which such public undertaking, and ● Rights of Performers
are: ● In the case of work done in which provision of Section 41 apply, concerned ● Rights of Producers of Phonograms
● Right to paternity– which incorporates the right to assert the authorship of international organizations. ● Rights of Broadcasting Organizations
the work, and the right to forestall others from claiming authorship of his
work; and
Rights of Performers dealt with the rights of actors, singers, musicians, dancers, The term ‘broadcast’ is defined under Section 2 (dd) of the Act. It defines it as The word ‘performer’ is defined in Section 2 (qq) of the Act. It states that
etc., and those who performed literary or artistic works. Rights of Phonogram “communication to the public- “performer includes an actor, singer, musician, dancer, acrobat, juggler, conjuror,
Producers dealt with the rights of those who produced phonograms. Phonograms (i) by any means of wireless diffusion, whether in any one or more of the forms of snake charmer, a person delivering a lecture or any other person who makes
are the aural fixation of a sound on a storage device. Rights of Broadcasting signs, sounds or visual images; or performance.” Section 2 (q) defines performance about the performer's right as
Organizations dealt with the rights of those organizations that help in the (ii) by wire, and includes a re-broadcast.” “any visual or acoustic presentation made live by one or more performers”[ii].
transmission and re-transmission of audio and video work. The amendment of 2012 however added that when in a cinematographic film, if a
The rights with regards to broadcasting should not be confused with the rights of person’s performance is informal or incidental, and that in the usual industry
Neighboring Rights in India Broadcasting organizations. The former deals with the right of the intellectual practices, is not credited anywhere including the credits of the film, the
The Indian Act of Copyright did not originally protect Neighboring Rights under it. creator to reserve his rights with regards to the broadcast or communication of performance shall not be treated as that of a performer except for sub-clause (b)
It was only after the amendment of 1994 when specific sections were inserted his work to the public. This is protected under Section 14. However, Section 37 of Section 38B”[iii].
into the Act for the same in Chapter VIII. Section 37 and 38 were inserted to deals with the latter, which means the rights that are available to the
protect the rights of Broadcasting Organizations and Performer’s rights, Broadcasting Organizations as an intermediary in the process of disseminating the The act provides an exclusive right to every performer over his performance. This
respectively. Producers of Phonograms were on the other hand protected by the work of the author to the public. gives them the right to allow or bar the recording or broadcasting of their
insertion of ‘sound recording’ under Section 13 and their rights under Section 14. performance to the public in an audio or video form. These rights were the result
Section 39 was also inserted, which dealt with all those acts which would not These exclusive rights that are available to the author are known as Broadcast of the development of media and its various channels of communication as
amount to an infringement on the rights of Performers and Broadcasting Reproduction Rights. These rights allow the broadcaster to have an exclusive right modern invention allowed for the permanent storage of the performances of
Organizations. over their broadcast for the next 25 years. These rights allow the broadcaster to these artists. Their performances could reach the masses in a flick of a finger
act against any infringement that takes place against him if any person without a without their consent. The new law provides them a decent amount of
Further on, through the amendment of 2012, there was an insertion of exclusive license tries to rebroadcast any of his broadcast, causes his broadcast to be protection.
and moral rights of performers through Section 38A and 38B. Section 39A was viewed or heard by the public for the exchange of a payment, records the
also inserted, which dealt with certain provisions that would apply in the case of broadcast both visually or through audio, reproduces such recording for the Just like copyright, protection of the rights of a performer initiates as the
Performers rights and Broadcaster’s reproduction rights. public without taking an exclusive license for the same, sell or provide for performance takes place. There is no requirement for registration. The rights
commercial rental. allow the performers to exclude any party from recording, communicating, issuing
Rights of Phonogram Producers copies of, selling, or giving to commercial rental their performance. It also
The rights of the producers of phonograms were added with the other rights of Section 39 however also allows for the use of the broadcast without causing prohibits the broadcasting or communication of their performances to the public
copyright that are in Sections 13 and 14. Section 13 (1) (c) talks about the right of infringement in certain cases. This includes when the use of the broadcast is made unless the performance has already been broadcasted. The act provides
copyright that subsists for sound recordings while Section 14 (e) talks about the for the sole purpose of use by a person or research and teaching purpose, when performers with the economic rights of 50 years.
exclusive rights that are available to sound recordings when it comes to copyright. the performance is used for the reporting of an event or any other bonafide
Since phonogram producers have been added under this section, they are activity, or if any act does not constitute as infringement under Section 52 of the Section 39 however does add its special circumstance when the rights of a
provided with all the major rights, both economic and moral, that are provided act. performer are not infringed. These include when the recording of the
under the general copyright production. performance is made for the sole use of a person or research and teaching
Rights of Performing Artists purposes. The use is consistent with fair dealing in the reporting of current events
Rights of Broadcasting Organizations or for Bonafide review, teaching, or research. Finally, if any act does not

constitute infringement under Section 52 of the act, it shall not be considered as Sound recordings – Any recording of sounds, recording of songs by sound Countries may mandate that the work will be protected only if it is fixed in
an act of infringement for the rights of the performer. recorders etc. material form.
Derivative works: Translations, adaptations, arrangement of music and alterations
Moral Rights of Performers Characteristic features of Copyright of literary and artistic works.
Moral rights are inalienable rights that are bestowed upon the creators of any The main essential characteristic features of copyright are: Countries may make laws to protect official texts: legislative, administrative or
work of intellectual labor. Just like the authors of a work protected under ● Originality legal texts.
copyright, the performers of performance have their moral rights as well. These ● Expression in some form Collection of literary or artistic work: encyclopaedia, dictionaries
are provided under Section 38B of the Act. There are two moral rights available to ● Bundle of rights Work to be protected in all countries. Beneficiaries of protection are the authors
the performers. “These are: and their successors or people to whom the title is transferred.
· The right to be identified as the artist in their performance unless where the Originality Countries may determine the extent of protection of applied arts and industrial
exclusion is made through the Right of Paternity of another. To have copyright, work must be original. This means literary, dramatic, musical, designs. If work is protected as design and model in one country, the same shall
artistic, cinematographic film and sound recordings must be created by the be protected in other countries in accordance with the protection that country
· The right to Restrain or claim damages in respect of any distortion, mutilation or author’s intellect by employing his skill, judgment, labour, time or capital and they offers for designs and models. If there is no provision for the same in the other
other modification to their performance that can be damaging to their must not be copied. country, work is protected as an artistic work.
reputation”[iv] No protections to daily news and mere facts stated by the press.
Expression in some form Copyright protection is given only when the created
Conclusion work is expressed or fixed in manual or electronic or in some tangible form. A Article 2(bis): Limitation for protection of certain works
Neighboring Rights are a relatively less talked about a bundle of rights that are mere idea is not capable of protection under copyright. Countries may exclude protection to political speeches or speeches delivered in
equally important in the field of intellectual property rights. With the recognition the course of legal proceedings.
of these rights with WIPO, there has been a slower yet strong adaption of these Bundle of rights Countries may make laws for the reproduction of lectures/addresses given in
rights into the national legislations. They are of equal importance as they protect The term copyright includes a number of rights. The creator or author of the public by press/broadcast etc.
the rights of performing artists along with the producers and broadcasters who works will have a bundle of rights in his creation. For example, Ms. J. K. Rowling The author has the right to maintain a collection of his lectures/speeches etc.
are gradually growing bigger as an industry. Though there is a need for better who is the author of the famous novel Harry Potter has multiple rights like the
research on the topic, the Indian Legislation has put strong regulations for the right of reproduction, right to issue copies, right to perform or communicate the Article 4: Cinematographic and artistic works
same which are commendable. work in public, right to make a film, right to translate, etc. Protection of Cinematographic Works: if the maker of work has his headquarters
or habitual residence in the member country.
Protected Works / Copyrighted works Works protected under International Conventions Protection of Works of Architecture and Certain Artistic Works: if the building or
Literary works – Books, novels, stories, computer program codes etc. Berne Convention,1886 artistic work incorporated in the building is in a member country.
Musical works – Music, choruses etc. The Berne Convention protects literary and artistic works. The relevant provisions
Artistic works – Paintings, photographs,cartoons (Mickey Mouse, Tom and Jerry), of the convention have been enumerated below: Article 7: Term of Protection
drawings etc. Life of Author + 50 years after the death
Dramatic works – Dance steps, screenplays, operas etc. Article 2: Works Protected under the Convention Cinematographic works: 50 years from the date of publication/date of making
Cinematograph films – Movies, video films etc. Literary and artistic works
Anonymous/Pseudonymous works: 50 years from the date of publication. If Article 9: Term of protection 3. What is ownership of copyright and how can such rights be protected?
identity is revealed, then the general rule will apply. No protection if a reasonable The term of protection shall be at least 50 years from the date of publication for Introduction
conclusion can be drawn that the author is dead for more than 50 years. any kind of work. Granting copyright seeks to protect the creative endeavor of an owner. Copyright
Photographic and applied art: 25 years from the date of making gives an exclusive right to the owner to do certain acts in relation to literary,
Agreement on Trade-Related Aspects of Intellectual Property Rights, 1995 Works protected under Indian Copyright Act, 1957 dramatic, musical, and artistic works, cinematography and sound recordings.
The TRIPS Agreement was enacted for creating an international instrument solely The Indian Copyright Act 1957 has incorporated several works within its ambit Copyright is valid till the life of the originator plus 50 years after his death. In the
dedicated to the protection of Copyright. The relevant provisions of the that have been given protection under the aforesaid conventions. The relevant case of cinematographic work, the copyright is valid until 50 years after the work
convention are enumerated below: provisions of the Act have been enumerated below: has been made available to the public while for photographic works 25 years after
Section Protected Work the making of the work.
Article 9: Relation to Berne Convention Section 2(o) Literary work: It includes computer programs, tables and
Copyright protection is available on the expression of ideas and not the idea itself. compilations including computer databases. This definition is not exhaustive. In India matters related to copyright are governed by the Copyright Act in 1957,
Section 2(n) Lecture: It includes speeches, sermons, public addresses, etc. which was subsequently amended in the year 1994 and 2002. Copyright cannot
Article 10: Computer Programs and Compilations of Data Section 2(ffc) Computer program: It includes the source and object code of be granted in some cases like:
Source/Object Code: to be protected as literary work under Berne Convention. the program
Compilations of data or other material that possess intellectual character due to Section 2(h) Dramatic work: It includes public/private recitations, works of Copyright cannot be said to be violated if the idea or concept of any person is
the manner of selection or arrangement are protected. choreography, acting, etc. used in a different manner.
Section 2(p) Musical work: It includes works of music, graphical notations of Copyright is not granted for ideas.
Article 12: Term of Protection music, etc. It does not include words or any movements associated with the Copyright is not granted in live events.
The term of protection shall be 50 years, starting from one year after the date of music. So, basically for granting the copyright, the work which is being sought to be
publication or making of the work. Section 2(c) Artistic works: It includes paintings, sculptures, engravings, protected by copyright must be original. However, this standard of originality to
architecture works, works of artistic craftsmanship, etc. be determined varies in countries. In countries which follow common law
WIPO Copyright Treaty, 1996 The WCT followed the principles prescribed under Section 2(s) Photographic works: It includes all forms of photographs except jurisdictions like United Kingdom and India, the standard of originality that is
TRIPS and was enacted to ensure copyright protection in the digital regime. The those included as a part of a cinematographic film. needed to be proven is low, while in countries which follow civil law jurisdictions
relevant provisions of the Convention have been enumerated below. Section 2(a) Adaptation: It includes conversion of any form of work into another like France and Germany, the standard of originality to be proven is high as
i.e., conversion of literary work into a dramatic work etc. certain minimum amount of creativity and author’s intellectual expression is
Article 4: Computer programs required to be shown to acquire a copyright protection.
Computer programs are protected as literary works within the meaning of Article
2 of the Berne Convention. Indian perspective on copyright protection:
The Copyright Act, 1957 provides copyright protection in India. It confers
Article 5: Compilations of data (databases) copyright protection in the following two forms:
Compilations of data or other material that possess intellectual character due to (A) Economic rights of the author, and
the manner of selection or arrangement are protected. (B) Moral Rights of the author.

4. Specify the works where the copyright subsists and does not subsist .
Rights of the copyright owner Right to Follow
Works in which copyright subsists-
Right of Reproduction This right is granted generally only to the authors and artists. This empowers the
This is the most prominent right which is acquired after the copyright protection. authors to obtain a percentage of the subsequent sales of his work and is called (1) Subject to the provisions of this section and the other provisions of this Act,
This right authorizes the person having such copyright to make copies of the Droit de Suite or Right to Follow. The right is also available to artists on resale of copyright shall subsist throughout India in the following classes of works, that is to
protected work in any form. In the modern context copying, a song on a Compact their work. say-
Device or any sound and visual recording can be considered as a reproduction of
the content. Prior to copying the permission of the author is required unless it can Right of Paternity a. original, literary, dramatic, musical and artistic works,
be shown that such copying is not intended to make any commercial benefits out The Right of Paternity or Attribution gives the copyright owner a right to claim
b. cinematograph films, and
of it. authorship of the work. Under the Right of Paternity a copyright owner can claim
due credit for any of his works. Thus, if a movie is produced based on a book by c.[(Note: Subs. by Act 38 of 1994, S.2 (w.e.f. a date to be notified) for "records"
Right to Distribute an author, and he hasn’t been given due credit in it, he can sue the makers to sound recordings.]
Right to distribute is an off-shoot of the right of reproduction. The person who acknowledge his work.
owns the copyright owner may distribute his work in any manner he deems fit. Sui Generis Rights The ordinary copyright law often fails to protect the computer (2) Copyright shall not subsist in any work specified in sub section (1), other than a
The owner is also entitled to transfer the whole or some rights in favor of any software and databases since the essential element of creativity is not present in work to which the provisions of Section 40 or Section 41 apply, unless-
other person while retaining others. For example, he can entitle any person to such databases. Therefore, there was a need for new law to protect such software i. in the case of published work, the work is first published in India , or where the
translate his work. and databases. The law of sui generis was introduced to resolve the problem of work is first published outside India , the author is at the date of such publication,
resolving databases on the whole. A database is a compilation or arrangement of or in a case where the author was dead at that date, was at the time of his death,
Right to make Derivative Works information which may not be creative; it may still require protection from a citizen of India ,
The copyright has the right to use his work in various ways, for instance making unauthorized copying. However, this may require certain modifications such as
adaptations or translations. One example of adaptation is making a movie based the making of copies has to be excluded from such copyright protection. Such ii. in the case of an unpublished work other than a [(Note: Subs. by Act 38 of 1994,
on a novel, so here to make any derivative work the consent of the owner is database right exists for a fifteen year period. S.2 (w.e.f. for "records") work of architecture], the author is at the date of making
mandatorily required. In these situations, certain other rights of the owner also Private Copying This is an exception to the reproduction rights which are attained of the work a citizen of India or domiciled in India , and
come into play, like the right to integrity which protects the owner against by the owner. According to this right, any person can make copies of the
iii. in the case of a [(Note: Subs. by Act 38 of 1994, S.2 (w.e.f. for "records") ] work
deformation, defacement or modification of his work in a way that it is harmful copyright protected work if it is proved that such copying is for educational
of architecture , the work is located in India
for his reputation. purpose and that there is no commercial motive behind such copies being made.
Explanation- In the case of a work of joint authorship, the conditions conferring
Right to Publicly Perform Conclusion copyright specified in this sub section shall be satisfied by all the authors of the
The owner of the copyright has the right to publicly perform his works. Example, In conclusion is maybe said that copyright law adequately protects the rights of work.
he may perform dramas based on his work or may perform at concerts, etc. This the copyright owners. The law has kept pace with the changing times and has
also includes the right of the owner to broadcast his work. This includes the right accommodated a number of new things in its ambit, including digital reproduction (3) Copyright shall not subsist-
of the owner to make his work accessible to the public on the internet. This and sui generis rights. India has also risen up to the challenge and updated its
empowers the owner to decide the terms and conditions to access his work. copyright law from time to time.
a. in any cinematograph film if a substantial part of the film is an infringement of In modern complex society provisions have to be made for protecting every man's 5. How can copyright be assigned. Explain the procedure to relinquish copyright of
the copyright in any other work, copyright, whether high or small, whether involving a high degree of originality as an author?
in a new poem or picture, or only originality at the vanishing point as in a law report.
b. in any [(Note: Subs. by Act 38 of 1994, S.2 (w.e.f. for "records") ] sound recording
The Copyright Act, 1957 as amended in 2012 is the current vehicle to settle and
made in respect of a literary, dramatic or musical work, it in making the [(Note: Copyright in abridgement – Strictly speaking, an abridgement of an author's work
guide the creators towards betterment and give them some pecuniary
Subs. by Act 38 of 1994, S.2 (w.e.f. for "records") ] sound recording, copyright in means a statement designed to be complete and accurate of the thoughts,
opportunities so that they are further encouraged to bless the world with their
such work has been infringed. opinions, and ideas by him expressed therein, but set forth much more concisely in
creativity.
the compressed language of the abridger.
(4) The copyright in a cinematograph film or a [(Note: Subs. by Act 38 of 1994, S.2
(w.e.f. for "records") ] sound recording shall not affect the separate copyright in Selections – Where the plaintiff's selection of poems was borrowed by the Assignment of Copyright
any work in respect of which a substantial part of which, the film, or as the case defendants, it was held that defendants book had infringed the copyright of the Nobody is entitled to copy, reproduce, publish or sell an original writing, painting,
may be, the [(Note: Subs. by Act 38 of 1994, S.2 (w.e.f. for "records") ] sound plaintiff. The true principle in all these cases is, that the defendant is not at liberty dramatic production, sculpture, etc. without the permission of the creator. Thus,
recording is made. to use or avail himself of the labor which the plaintiff has been at for the purpose law provides a right to the owner of the copyright (i.e. the creator) to transfer the
of producing his work, that is, in fact, merely to take away the result of another ownership of the copyright to a third party. For instance, in the case of making a
(5) In the case of a work or architecture, copyright shall subsist only in the artistic
man's labor, or, in other words, his property. complete movie – all the creative persons with their idea turned into relevant
character and design and shall not extend to processes or methods or construction.
works come to a producer, assign their rights that subsist in their work in return
Reports of judgments –
NOTES for a royalty. These works are then summed up to form a complete movie. Yes,
It is generally true that in the reports of judgments the reporter has no copyright, the process isn’t that easy and involves many questions that arise both at the
"Original" Meaning – The word 'original' does not in this connection mean that the time of assignment and especially after it.
but is cannot be said that in the selection of cases and in the arrangement of the
work must be the expression or original or inventive though, Copyright Acts are not
reporting the reporter has not the protection of law. The defendant is entitled to
concerned with the origin of ideas, but with the expression of though; and in the Facets of Copyright Assignment
report such judgments as he obtains by expenditure of his time, labor and money
case of 'literary work' with the expression of thought in print or writing. The It is a pecuniary opportunity for the first owner of copyright. The assignment must
but where he fails to exert his own energies, he cannot be allowed to avail himself
originality which is required relates to the expression of the thought; but the Act specify the amount of copyright [vide Section 19(3) of the Copyright Act]. The
of other people's industry.
does not require that the expression must be in an original or novel form, but that creator shall not assign or waive the right to receive royalties to be shared on an
the work must not be copied from another work - that it should originate from the "Whilst all are entitled to resort to common sources of information none are equal basis with the assignee of copyright, subject to certain conditions. [vide
author. entitled to save themselves trouble and expense by availing themselves for their Section 18(1) proviso of The Copyright Act, 1957[1]]
own profit of other men's works, subject to copyright and entitled to protection." In the case of an assignment of copyright in any future work, it shall take effect
In order to obtain copyright production for literary, domestic, musical and artistic
only when the work comes into existence. In this regard, “assignee” includes the
works, the subject dealt with need not be original , nor the ideas expressed be Question papers –
legal representatives of the assignee, if he dies before the work comes into
something novel. What is required is the expenditure of original skill or labor in
In a Patna case it has been held that question papers set at examination are original existence. [vide Section 18(1) proviso of the Copyright Act]
execution and not originality of thought.
literary works though the paper-setter may have copied questions from textbooks. The ownership may be assigned either wholly or only for a part of the work in
No original thought or original research is required in order that a literary work may question. [vide Section 18(1) of the Act]
Persons who set the question papers are authors of the work and they are the first
be deemed to be original. The standard of originality which is required is a low one.
owners of the copyright therein.

The Copyright Assignment must be in writing and signed by the assignor or by his It may be noted in this context, that the author has an alternative for the copyright
duly authorized agent. [vide Section 19(1) of the Act] shortcomings or confusions of assignment of copyright. They can register their
The duration of assignment must also be specified. The Delhi High Court work with a copyright society and thereafter license it to whomsoever they Conclusion
recognized Section 19(5) and stated that if the assignment deed is silent about desire. The feasibility of Copyright Assignment is highly questioned because of the rising
the duration, it shall be deemed to be 5 years from the date of assignment[2]. counts of Copyright Infringement cases. The sole objective of assignment process
The agreement deed may specify the territorial extent of such assignment. If Moral Rights involved in Copyright Assignment is to provide both pecuniary as well as distribution benefits to the original work of
silent, it shall be presumed to extend within India. [vide Section 19(6) of the Act] Moral rights are independent of the author’s copyright and shall remain with the the creator. It cannot be used to deprive the original owner permanently from his
The assignment shall be subject to revision, extension, or termination on terms author even if he has assigned his copyright. creation.
mutually agreed upon by the parties. [vide Section 19(3) of the Act]
Where the assignee fails to exercise his rights within one year from the date of The creator of work has the right to claim ownership thereof; Copyright Assignment is an inevitable necessity in this dynamic world. People
assignment, the assignment in respect of such right shall be deemed to have In case of any distortion, modification or mutilation of the original work, he shall can’t be self-sufficient in every respect. For the better frame of the Art, the
lapsed, unless otherwise specified in the assignment deed. [vide Section 19(4) of have the right to claim damages; ownership right of the creation needs to change hands and bring out the full
the Act] If harm is being caused to the goodwill of the creator by commission or omission potential of the original work by exploring various tiers of creativity.
If the assignment is in contrary to the terms and conditions of the rights already of any act by the assignee, he shall have the right to damages provided such an
assigned to a copyright society to which the creator is a member, it shall be deemed act is done before the expiration of the term of assignment. Relinquishment of Copyright in India
void. [vide Section 19(8) of the Copyright Act[3]] Foreseeable disputes Section 21 of the Act provides the owner of a work the right to relinquish all or
The creator is entitled to subsequent royalties in the course of future exploitation The first dispute which may arise is that as regards the period of copyright any of the rights in a work. Relinquishment, as the word means, refers to
of a cinematographic film, which includes his work, other than by way of exhibitions assignment. The statute is very particular that an assignment has to be for a surrendering or abandoning of the rights in the copyright work by the author of
in a cinema hall. For example, the creator will be entitled to subsequent royalties specified period even if there is an agreement in contrary[5]. [vide Section 19(2) such work. This usually means that the author would no more have the rights
for satellite right, home video, internet rights, the etc. Similar clause has been of the Copyright Act] surrendered or abandoned and cannot claim ownership over the same. The
added for the case of sound recording. [vide Section 19(9) and 19(10) of the Again, in a situation where assignee fails to exercise his rights assigned to him, and author can determine the rights that they want to relinquish, ranging from a
Copyright Act[4]] the assignor’s actions do not influence such failure, then, the statute empowers the single right to a multitude of rights.
In the case of a manuscript, the copyright being a personal property of the owner Copyright Board, on receipt of a complaint from the assignor, to take cognizance of
can be transmitted by testamentary disposition. [vide Section 20 of the Act] the case and make necessary inquiries as it may deem fit. It further gives a Formalities to Relinquish copyrights
The equitable assignment is just the agreement to assign. discretionary power to the Board where it can revoke such assignment. [vide An owner can relinquish his right(s) in a work by giving notice to the Registrar of
The assignee has the rights of- translation, abridgment, adaptation, dramatic and Section 19A(1) of the Copyright Act] Copyrights under Form I or by public notice. Where notice is given to the
filmmaking in the work. In the case of a monetary dispute over a copyright assignment, the Copyright Registrar, the latter shall cause the notice to be published in the Official Gazette
For relinquishment of work, the author has to give notice in prescribed form to the Board has the power on of a complaint from the aggrieved party, to hold an and further, within fourteen days, post the notice on the website of the Copyright
Registrar of Copyrights or by way of public notice. On its receipt, Registrar shall inquiry and pass necessary order including an order for the recovery of any office for a period of not less than three years. The rights shall subsequently cease
publish it in the Official Gazette. With 14 days of the publication, the Registrar shall royalty payable [vide Section 19A(2) of the Copyright Act]. Any such final order to exist from the date of the notice.
post the notice on the official website of Copyright Office, so that such notice must be passed within a period of six months from the date of receipt of the On the other hand, if the author chooses to relinquish the rights by means of a
remains in the public domain for not less than three years. Such right shall cease to complaint. Delay in compliance shall oblige the Board to record the reasons public notice, then the following information must be included in the notice:
exist from the date of the notice. [vide section 21 of the Copyright Act] thereof. [vide Section 19A(3) of the Copyright Act[6]] 1. Class of the work
 2. Title of the work 6. What do you mean by term of copyright? Explain vividly. and according to the Berne Convention, copyright protection is obtained
3. Name (in full), address and nationality of the author. automatically without the need for registration or other formalities. Most
4. Language of the work. Intellectual Property Rights or IPR are the legal rights to protect the creative, countries nonetheless have a system in place to allow for the voluntary
5. Name (in full), address and nationality of the publisher, if the work has artistic or inventive works of the individual(s). One of such right is Copyright. registration of work.
been published, along with the year and country of first publication. Generally, a copyrighted work is identified with a symbol, that is, ©. Copyright is a
6. If the copyright is registered under Section 45 of the Copyright Act, 1957, right given by the law to creators of literary, dramatic, musical and artistic works There are various limitations attached to avail the protection under the Copyright
the Registration number. and producers of cinematograph films and sound recordings. In fact, it is a bundle Act, 1957. These limitations may be broadly classified into three, that is, limited
7. The right or rights being relinquished. of rights including, inter alia, the rights of reproduction, communication to the duration of copyright permitted uses and non-voluntary licences (statutory
8. The date of relinquishment of such right/rights. public, adaptation, and translation of the work. There could be slight variations in licence). The duration or term of copyright has been dealt with below.
The term ‘public notice’ means the following: the composition of the rights depending on the work.1
1. Mentioning of a notice on the work or cover of the work; or Table of Contents
2. Publication in one issue of a daily newspaper in the English language having Copyright ensures certain minimum safeguards of the rights of authors over their Term of Copyright
circulation in the major part of the country and also in one issue of any creations, thereby protecting and rewarding creativity. Creativity being the Term of Copyright for Posthumous Publications
daily newspaper in the same language of the work; or keystone of progress, no civilized society can afford to ignore the basic Term of Copyright for Anonymous Publication
3. Posting the notice on the website of the Copyright Office at the request of requirement of encouraging the same. Economic and social development of a Term of Copyright for Photographs
the author by giving the details as mentioned above. society is dependent on creativity. The protection provided by copyright to the Term of Copyright for Cinematograph Films
It is also to be noted that the author may also forward a copy of the public notice efforts of writers, artists, designers, dramatists, musicians, architects and Term of Copyright for Sound Recordings
along with his identity to the Registrar and the Registrar shall post the same in the producers of sound recordings, cinematograph films and computer software, Term of Copyright of government works
website of the Copyright Office. creates an atmosphere conducive to creativity, which induces them to create Term of Copyright where a public undertaking is the first owner
more and motivates others to create.1 Term of Copyright of work of an international organisation
Upon receipt of such receipt of the notice, the Registrar of Copyrights shall
publish it in the Official Gazette and within 14 days of such publication, the The Copyright Act, 1957 and the Copyright Rules, 2003 governs the subject of
Registrar shall post the notice on the official website of the Copyright Office such copyright in India. The scope of the Act limits to original literary, dramatic, musical Term of Copyright
that the notice remains in the public domain for a period of not less than three (3) and artistic works and cinematograph films and sound recordings from Copyright is protected for a limited time. Economic rights have a time limit, which
years. unauthorized uses. Unlike patents, copyright protects only the expressions and can vary according to national law. In those countries which are members of the
not the ideas. There is no copyright protection for ideas, procedures, methods of Berne Convention, the time limit should be equal to or longer than fifty years
operation or mathematical concepts as such. after the creator’s death. Longer periods of protection may, however, be provided
at the national level.3 For example, in Europe and the United States, the term of
Copyright protection is a natural right in India. There is as such no mandatory protection is life plus seventy years.
requirement2 for registration of work to avail the protection under the act.
Rather it is an automatic right, which emerges as and when infringement takes Under the Indian Copyright Act, 1957, Chapter V enumerates the term of
place. Therefore, it is a sui generis right. Also, in the majority of the countries, copyright protection. Section 22 of the Act states the term of copyright in
published literary, dramatic, musical and artistic works shall subsist, published

within the lifetime of the author, until sixty years from the beginning of the the publisher or is otherwise established to the satisfaction of the Appellate In the case of a work of an international organisation to which the provisions of
calendar year following the year in which the author dies. In this section, the Board by that author. section 41 apply, copyright subsists until sixty years from the beginning of the
reference to the author shall, in the case of a work of joint authorship, be calendar year next following the year in which the work is first published.13
construed as a reference to the author who dies last.4 This term has been Term of Copyright for Photographs
increased from fifty years to sixty years by the Amendment of 1992. While Section 22 contains terms of copyright for all other works, the term for An author’s moral right as a right against distortion is available even after the
photographs has been set out separately in Section 25 of the Act. This is in expiry of the term of copyright.
However, in cases where the work falls under the category of a cinematograph consonance with the Berne convention, which also arrays separate terms for
film, sound recording, photograph, posthumous publications5, anonymous photographs and other works under Article 7.4 and Article 7.1 of the Berne Conclusion
organisations, the sixty years period is counted from the date of publication. Convention (Paris text) respectively. The Indian Copyright Act provides for Copyright ensures certain minimum safeguards of the rights of authors over their
copyright in a photograph for a period of 60 years from the beginning of the creations, thereby protecting and rewarding creativity. Creativity being the
Term of Copyright for Posthumous Publications calendar year, following the year in which the photograph is published. But this keystone of progress, no civilized society can afford to ignore the basic
it is the publication of work after the death of its author. The term of copyright Section has been omitted by the amendment of 2012. requirement of encouraging the same. There is as such no mandatory
protection of a posthumous publication subsists for a period of sixty years and requirement for registration of a work to avail the protection under the act.
unlike in others, here such period is calculated from the date of publication.6 The Term of Copyright for Cinematograph Films Rather it is an automatic right, which emerges as and when infringement takes
United States Court of Appeals held in the case of Bartok v. Boosey & Copyright of Cinematograph Films9 shall subsist until sixty years from the place. Copyright is protected for a limited time. The Berne Convention specifies
Hawkes7that, “A “posthumous work” under section 24 of the Copyright Act is a beginning of the calendar year next following the year in which the film is the limit or the term of copyright as not less than sixty years. And on its line, the
work on which the right to copyright has passed by will or intestacy due to the published. Indian Copyright Act, 1957 provides for the protection for sixty years. Keeping in
absence of an effective assignment by the author during his lifetime.” mind the provisions of the act and the rules framed therewith, an author’s moral
Term of Copyright for Sound Recordings right as a right against distortion is available even after the expiry of the term of
Term of Copyright for Anonymous Publication Copyright of sound recordings10 shall subsist until sixty years from the beginning copyright.
of the calendar year following the year in which the sound recording is published.
If the publication of the work anonymously, that is, publication when the author
of such work is unknown. The copyright term of an anonymous publication, as Term of Copyright of government works
provided under Section 23 of the Copyright Act, 1957, is also for a period of sixty In the case of a Government work, where Government is the first owner of the
years, calculated from the beginning of the calendar year next following the year copyright therein, copyright subsists until sixty years from the beginning of the
in which the work is first published. The section also provides for the disclosure of calendar year next following the year in which the work is first published.11
the identity of the author. In its proviso, it is provided that where the identity of
the author is disclosed before the expiry of the said period, the copyright exists Term of Copyright where a public undertaking is the first owner
for a period of sixty years, calculated from the beginning of the calendar year next In the case of a work, where a public undertaking is the first owner of the
following the year in which the work is first published.8 The explanation clause to copyright therein, copyright subsists until sixty years from the beginning of the
Section 23 of the Copyright Act, 1957 enumerates about the position of the calendar year next following the year in which the work is first published.12
author, that is, here the identity of an author shall be deemed to have been
disclosed. The identity may be disclosed either publicly by both the author and Term of Copyright of work of an international organisation
7. What do you mean by compulsory license? The Plaintiff/Respondent [Rural Telephone Service Company] is a Telephone mentioned the royalty that is payable and the agreement should include the terms
Introduction service company obligated to issue an annual telephone directory as per the state and the termination of the license if aforesaid.
Copyright is an Intellectual Property Rights law that insures the protection to the regulation. The directory was termed as a ‘white and yellow pages’ to be
creator on literary, dramatic, producer or reproducer or artistic work also to the distributed for free of charge due to the monopoly held by the plaintiff in the There are the three basic rules which shall be followed while taking the license.
producer of the filmography of the work and sound recordings. It also gives the market. While making a directory that included the region of the Plaintiff’s
protection on the field of software and information practices. Under Section 13 of monopoly market the defendant was denied a license by the plaintiff to include ● License should be in the written format.
the Copyright Act 1957, it talks about the protection of the works by providing the enter from the plaintiff’s directory. The defendant had copied the same without ● The license should be signed by the copyright owner or any other agent
privilege to the creators by preserving their work for his life. It saves the creators the consent. The plaintiff field a suit for the copyright infringement. who is authorised enough.
originality of expression and provides the space and platform to the person to ● The compulsory license is come under the section of Indian Copyright Act
publish it in the safe and secured environment. The main issue that has been raised is whether the names, phone numbers and that is in Section 31 to 31 B talks about the compulsory licensing in India.
the addresses from the directory can be copyrighted or not?
Copyright falls under the three basic elements which are following Compulsory licensing is necessary because some of the works which means to
● Originality The new law explains that in the section 102 of the Copyright act 1976 was applied upheld in the public domain are needs to be verified by the authority. So that the
● Creativity which gives the credibility for the “original work of authorship.” further copyrighted work should be used in various academic and beneficiary
● Fixation works. It is said that it allows various kinds of the license which includes orphan
Copyrightability of compilation were mentioned as per section 101 and 103 where works as well as the works from a disabled person.
Originality of any work serves the basic and the reasoning behind which any work the court emphasized on the fact that the final work of compilation inclusive of
has been introduced. It gives the knowledge to the viewers that the work is new selection and arrangement of facts is copyrightable to the certain extended limits. It is also in some cases important for granting the compulsory licensing because
and well-incorporated for the faith and progress of the society. Any invention what if, any cases may form where the author may have died before the publishing
which has been invented it always starts with an idea which has not been copied The existing law regarding copyright protection in the U.S. followed the “Sweat of of the work and through this means of compulsory licensing the unpublished
or should be copied in near future. It is basically a work which adapted and the Brow” doctrine says that any work in which a substantial amount of time and works of the author will get delivered in the public domain.
invented through the new process and idea. energy was invested would be considered as copyrightable.
It is also important to know that the fair use of compulsory licensing is needed,
Creativity defines the theory of “modicum of creativity” which defines the state of Significance of compulsory licensing in India? there shall be no malpractices be entertained or continued in any way. Because
minimalistic work or trying to setting the bar low in copyright. It supports the when the copyrighted works will be presented or available to all with certain
minimal creativity which is not tend to be copyrighted in the public domain. Compulsory licensing is a statutory license that gives the liberty to the copyrighted limitations it will usher for the betterment of the society.
work without the permission from the copyright owner. It is an exclusive right to
Fixation means work which is done both verbally and theoretically are said to be do an act related to the copyrighted work. This is a practised whenever a What section 31D says?
“fixed” and verified in the court. The work has to be done in an ephemeral way. copyrighted work is withheld from the public domain. If the work has been done in Section 31 D talks about the statutory license for broadcasting of literary and
the public domain the proper licensing of the copyrighted work is must. The said musical works and sound of recordings. Any broadcasting organisation desirous of
Case law – Feist Publication Inc vs Rural Telephone Service Co. 499 U.S. 340 copyrighted work should be used when the proper licensing of the agreement has communicating to the public by the way of broadcast or by way of performance of
FACTS been done in a way in which the duration or the time period of the license is a literary or musical work and sound recording which has already been published
may do so subject to the provision of this section.

India the said companies are T-series, Sony Music India. And then she needs to find 8. How are the rights of Broadcasting Organization and performers protected
Case law – Entertainment Network (India)Lt. vs Super Cassette Industries Ltd. which company owns the rights of the songs which she wanted to use in her discs. under copyright act?
Facts – In this case, Radio Mirchi was playing music and Super Cassette Industries After the said agreement she needs to pay the reasonable amount to the copyright Broadcasting:
had the rights for it. The music company filed for the permanent injunction while owners for the usage of the songs. This could be the one-time payment or in the Introduction
the suit was pending, the FM operators applied to the copyright Board for the form of royalty to the companies. Also, she needs the permission from the health The utilisation of satellites for the appropriation of program-conveying signals is
grant of the compulsory license under Sectio 31(1)(b) of the Indian Copyright Act. clubs and golf resorts where she is going to rent mp3 player. Because these quickly developing both in volume and topographical inclusion. This required the
premises have their own policies and Gracy needs to find out how to negotiate advancement of specific measures in the worldwide field to keep wholesalers
The question that arose here was rather in such a particular situation granting of with the said agreement. from disseminating program-conveying signals communicated by satellite which
the compulsory license was viable or not? Conclusion were not proposed for those merchants.
The permission under the copyright act is an integral part of the copyright regime.
The Broadcasters, that is Radio Mirchi, has argued on which they claim That since Copyrighted works should have the complete monopoly for their works in the The Indian Copyright Act
a license has already been granted to AIR and Radio City there were no grounds society. Through compulsory licensing in India, it is capturing and broadening the In India security to broadcasting signal was hot conceived under the first
on which a license to Radio Mirchi should be denied on anyway. way for which copyright regime and its application are still widening due to the Copyright Act of 1957. The 1983 change embedded the definition of ‘broadcast’.
Example ever-changing circumstances. Section 2(dd) characterises ‘broadcast’ which implies correspondence to general
Gracy has what she thinks would be the great idea for a new business. She would society
like to rent portable mp3 player at health clubs and golf resorts. The mp3 player
would pre-loaded with music, so that people who did not bring along their own (I) using any and all means of remote dissemination, regardless of whether in any
players could still listen to music while they were exercising or golfing. Each player at least one of the types of signs, sounds or visual pictures; or
would have 5000 songs on it, and the mp3 player do not allow further copying of
the songs loaded on the player. Gracy purchased the authorised copies of Compact (ii) by wire, and incorporates a re-broadcast. The privileges of a telecom
Discs of all the music she would like to play. Now she wanted to know whether she association concerning a transmission are managed under section 37.
needs any further copyright permissions to regulate her business in India, and if
so? What are the possible measures or permissions she can opt or go through for Be that as it may, with a revision in 1994 the Act was subbed with the new area
the ease of her business? accommodating “telecom proliferation rights”

Explanation What Is a “Broadcasting Organization”?

Gracy would need to obtain the permission from the copyright owners for each of A telecom association or a broadcasting organisation is the association that
the songs she would like to play and also purchase for her business. She needs the appreciates rights under section 37 of the Copyright Act, not under section 14.
permission which would be likely in the form of license agreement and this The transmission proliferation right that a telecom association appreciates has
agreement would specifically be considering all the laws and permissions and on been given basically to ensure its signs sent by electromagnetic waves. These
which conditions she would be getting the access of all the songs she wanted. For restricted rights are delegated “neighbouring” or related rights, yet not as
her business. The easiest way she can get the permission is via contacting the copyright, both in our Act and in the global settlement situation: telecasters’
music publishing companies who owns or administers the rights of the songs. In
privileges are ensured under the Rome Convention of 1961, not under the Berne satellite telecom or for DTH or for earthbound telecom or for FM Radio, and so on (b) Makes the transmission be heard or seen by people in general on installment
Convention; the TRIPS Agreement similarly recognizes them from copyright. Broadcasting licenses are restricted in their regional inclusion and of any charges; or

The Division Bench of the Delhi High Court recognised this privilege from are liable to controls with respect to content. The buyer gets the transmission on (c) Makes any stable account or visual chronicle of the transmission; or
copyright in ESPN Star Sports v Global Broadcast News Ltd. and Ors.[1]–“We have a gadget imagine by the Indian Wireless Telegraphy Act, 1933; and not on a
discovered that the transmission generation directly in regard of broadcast of live PC/cell phone over the web. (d) makes any propagation of such solid account or visual chronicle where such
occasions like a Cricket coordinate are discrete and unmistakable right as from introductory account was manage without permit or, where
copyright and as such Section 61 [of the Copyright Act] isn’t material to In this way a telecom association can’t impart substance to the general
communicate multiplication right.” population over the web in its ability as a telecom association in exercise of its it was authorise, for any reason not conceive by such permit; or
telecom permit. Any individual, howsoever assigned (for example regardless of
The privileges of broadcasting associations are; whether he considers himself a telecaster), who imparts any sort of substance to (e) sells or recruits to general society, or offers for such deal or recruit, any such
● right to re-broadcast the transmission. the public through the web (regardless of whether he calls it, state, “web radio”) stable chronicle or visual account alluded to in condition (c) or statement
● option to make the transmission be hear or seen by the general population only does as such on a similar balance
on installment of any charges. (d) will, subject to the arrangements of section 39, be consider to have
● To make any solid account or visual chronicle of the transmission. as some other individual transferring content for downloading or real time on the encroached
● option to make any propagation of such solid account or visual chronicle web; no sort of permit is need for this action (luckily, at any rate not uptil now).
where such starting chronicle was manage without permit or, where it was the transmission proliferation right.
authorise, for any reason not imagine by such permit and Broadcast reproduction or propagation directly under section 37[2]
● To sell or recruit to people in general, or offer for such deal or recruit, any (1) Every communicating association will have a unique option to be known as Fair Dealing
solid account or visual chronicle of the transmission. “broadcast proliferation right” in regard of its transmissions. Section 39 discusses with acts not encroaching transmission propagation right.
The attributes of Broadcasting
In India, at any rate, communicating is a carefully controll industry. Broadcasting (2) The transmission propagation right will remain alive until a quarter century No transmission proliferation right or entertainer’s privilege will be consider to be
associations require two sorts of licenses, from the earliest starting point of the schedule year next after the year wherein encroach by-
the transmission is made.
(I) a Grant of Permission Agreement (or comparative administrative (a) the creation of any stable chronicle or visual account for the private utilisation
endorsement) to offer transmission administrations, which is conced by Central (3) During the continuation of a transmission multiplication directly according to of the individual making such account, or exclusively for reasons for bonafide
Government in exercise of its forces under the rever Indian Telegraph Act, 1885; any transmission, any individual who, without the permit of the proprietor of the educating or research; or
and privilege does any of the accompanying demonstrations of the transmission or
(b) the utilisation, reliable with reasonable managing, of passages of an exhibition
(ii) a remote working permit under the Indian Wireless Telegraphy Act, 1933. any considerable part thereof- or of a transmission in the announcing of recent developments or for bonafide
audit, instructing or research; or
Each communicating permit allow by the Government is for the transmission of (a) Re-communicates the transmission; or
signs inside a specific range in a particular specialise mode, for example, for

(c) such different acts, with any fundamental transformations and alterations, ● privileges of proprietors against people having encroachment duplicates unbiased and serious way and to accommodate guideline of substance for public.
which don’t establish encroachment of copyright under section 52. (section 58), It likewise planned to classify a framework of rules and proposed to set up an
● offence of encroachment (section 63), administrative authority called Broadcasting Regulatory Authority of India (BRAI)
Materialness of different arrangements ● intensity of police to seize encroaching duplicates and so on sections 64, 65 with an authorising and oversight work covering earthly just as satellite
The Copyright (Amendment) Act, 2012 subbed section39A with the accompanying and 66, administrations and link organisations.
section: ● insurance of innovative measures (section 65A) and
● assurance of rights the board data (section 65B).
“49-A: Certain arrangements to apply if there should arise an occurrence of
transmission multiplication right and entertainer’s privileges. — Broadcasting Freedom PERFORMERS RIGHTS
In Secretary, Ministry of Information and Broadcasting, Govt. of India v. Cricket Introduction
(1) Sections 18,19, 30,30-A, 33,33-A, 34,35,36,53,55,58,63,64,65,65-A, 65-B and Association of Bengal with Cricket Association of Bengal and another v. Union of The notion of performer’s rights was initially absent from the realm of copyright
66 will, with essential transformations and changes, apply according to the India[3] the court in detail testified the idea of broadcasting freedom. According law upon its inception in India. It wasn’t until 1979, in the case of Fortune Films v.
transmission propagation directly in any transmission, and the entertainer’s to the court, broadcasting freedom is certain in the right to speak freely and Dev Anand, that the Bombay High Court pronounced that performers’ rights were
privilege in any presentation as they apply comparable to copyright in a work: articulation. The European Court of Human Rights additionally has take the view not encompassed by the Copyright Act due to their lack of recognition. This
that telecom like press is cover by Article 10 of the Convention ensuring the verdict spurred the acknowledgment of performers’ rights and ultimately led to
Given that where copyright or entertainer’s correct stays alive in regard of any privilege to Freedom of speech. Yet, the question is what does broadcasting an amendment of the copyright law in 1994. Consequently, Sections 38, 39, and
work or execution that has been communicate, no permit to imitate such Freedom mean? 39A were introduced to formally recognize and ensure the protection of
transmission, will be given without the assent of the proprietor of right or performers’ rights. Furthermore, Section 2(qq) of the Copyright Act defines the
entertainer, all things considered, or the two of them: Comprehensively talking, broadcasting freedom can be say to have four features, term “performer” to encompass individuals such as actors, dancers, musicians,
singers, acrobats, conjurers, snake charmers, jugglers, persons giving lectures, and
Given further that the transmission multiplication right or entertainer’s privilege ● opportunity of the telecaster, anyone else engaged in a performance.
will not stay alive in any transmission or execution if that broadcast or ● opportunity of the audience members/watchers to an assortment of view
performance is an encroachment of the copyright in any work. and majority of assessment, International Legislations and the performer’s rights
● right of the residents and gatherings of residents to approach the telecom The origin of the rights of performers can also be traced to various international
(2) The transmission multiplication right or the entertainer’s privilege will not media, and treaties and coventions. Most notably, the 1961 Rome Convention stands out as
influence the different copyright in any work in regard of which, the broadcast or ● the option to set up private radio/TV stations. The court has inspected the key global accord responsible for safeguarding performers, phonogram
the presentation, all things consider, is make. these features in detail. producers, and broadcasting organizations. This convention was established
through collaborative efforts by the International Labor Organization, United
These sections manage task (section18-19), Broadcasting Services Regulation Bill Nations Educational, Scientific and Cultural Organization, and World Intellectual
● permit (section 30-30A), India’s ‘Broadcasting Services Regulation Bill, 2007 endeavored to advance, Property Organization. As per the Rome Convention, the rights of performers
● copyright/performing rights social orders (section 33-36), encourage and create in an organised way the carriage and substance of were shielded for a span of 20 years from the conclusion of the year in which the
● importation of encroaching duplicates (section 53), broadcasting. The bill provided for regulation of broadcasting administrations for performance occurred. Additionally, the TRIPS agreement confers specific rights
● common solutions for encroachment (section 55), offering an assortment of diversion, news, perspectives and data in a reasonable, upon performers, including the authority to prevent the replication of live
 performances, the entitlement to secure their work from being broadcast or must have a certificate connected to the sound or visual recording issued by the Criminal remedies in which the infringer may be sentenced to imprisonment of six
transmitted to the public through wireless means, and the prerogative to prohibit competent authority. months which may extend up to three years, or be fined with an amount of Rs.
the recording of their live performances on phonograms. These agreements and 50,000-2,00,000, or both.
treaties laid the foundation for establishing the rights of performers within the 4. Right of communicate the work other than by broadcasting The court can also grant an Anton Pillar Order which grants the plaintiff, on
framework of Indian copyright law. A performer has every right to communicate their work to the general public application, the right to enter the defendant’s place with his attorney and look for
through multiple mediums. This may include wireless methods such as social relevant documents. This is important because the defendant may remove the
Rights of performers under the Copyrights Act, 1957 media or Over-The-Top (OTT) platforms, as well as mediums that broadcast documents from his premises if he is priorly informed that the inspection will take
The performers in India are given the following rights under the Copyrights Act: performances over cable networks. place or if the court issues a search warrant.
Conclusion
1. Right to broadcast performances Moral rights of performers The introduction of performers’ rights under the Copyrights Act was indeed a
Performers have the authority to prohibit the broadcasting of their live There are certain rights that the performer is still entitled to enjoy even if he/she welcomed and much necessary step. Performers play an extremely crucial role in
performances. If someone broadcasts a performer’s live performance without assigns the performance to a third party. These rights are termed as the moral today’s world. The literary and entertainment industries have grown immensely in
obtaining consent, it would constitute a violation of copyright. However, if the rights of the performer. Even after relinquishing the rights over the work, the the past decade and hence it is important that the rights of performers are
performance is recorded for a cinematographic film, the producer of the film performer has the right to be recognized for their efforts. They also have the right safeguarded so that they are able to reap benefits of their hard work without
holds the rights. Nevertheless, if the performance is utilized for purposes other to object if any changes are made to the work they perform. The moral right of infringement upon their rights.
than the film’s commercial exploitation, the performer retains the right to the performer is not affected if the producer of the cinematograph film shortens
demand royalties. the length of the performance or removes some portion of the work due to
technical challenges or time limits.
2. Right to make sound or visual recording
A performer has the authority to record their act, either audio or visual. They can The moral rights of the performer’s legal representatives and the legal
also give others permission to record their live performance. No one else may use representatives of copyright owners are distinct and cannot be exercised in the
the recorded sound without the performer’s consent. If, on the other hand, the same way. The Delhi High Court ruled in Super Cassettes Industries v. Bathla
performance is meant for a cinematographic picture and a written agreement is Cassette Industries[1] that copyright and performers rights are distinct, and that if
created allowing authorization for the inclusion of the performer’s act in the film, a song is re-recorded, the original singer’s permission is required.
then the film’s producer owns all rights, regardless of whether the performer is a
singer or actor. Remedies on breach of performers’ rights
The remedies to performers on breach of their rights have been provided under
3. Right to produce the sound or recording Section 55 and Sections 63-70 of the Indian Copyrights Act, 1957. The remedies
A performer can also become the producer of a sound or video recording and are:
have all of the rights that a producer has, such as reproducing a large number of
copies, renting the copies for commercial purposes, communicating the work to Civil remedies in the form of temporary or permanent injunction and/or damages.
the public, and so on. However, the performer must obtain previous permission
from the particular copyright owner, such as a lyricist or a music composer, and

9. Discuss procedure for registration of copyright. There is no formal procedure to get the acquisition of the copyright under the The rights under the registration of dramatic works include:
Copyright is a collection of rights available to the creator of an original literary, Copyright Act,1957. The Copyright Office provides the facility to register the work
1. The right to reproduce that work.
dramatic, artistic, or musical work who has spent his time and effort in creating it, for copyright. The work is registered under the Register of Copyrights which is
2. The right to communicate work to the public.
to protect them against theft and unauthorized uses. Such rights include the right maintained by the Registrar of Copyrights in the Copyright Office of the
3. The right to perform the dramatic work before the public.
to reproduce, to prepare derivative works, to distribute copies, and perform and Department of Education and the certificate of copyright and the entries under
4. The right to issue copies of work before the public.
display the work publicly. The provisions related to copyright in India are given the Register of Copyrights would serve as prima facie evidence before the court of
5. The right to convert or include the work into a cinematograph film.
under the Copyright Act, 1957. The main aim of copyright is to encourage and law. The procedure to obtain registration of copyright is provided under Chapter
6. The right to make any adaptation of the work.
provide an incentive to the authors or creators to make or create new works. These XIII of the Copyright Rules, 2013. The Chapter states that the application of
7. The right to translate the work into any language.
works are available for the public to enjoy according to the will of the author or registration should be made on Form VIII of First Schedule. There must be
owner of the copyright. The copyright of any work provides benefits both to the separate applications for registration of separate works. The application must be
The rights under the registration of artistic works include:
author or creator as well as the public. The author receives economic rewards for accompanied by the prescribed fee in the Second Schedule. The signature of the
creating such work and the public gets the work in the form of literature, drama, applicant or advocate should be made in application along with the endorsement 1. The right to reproduce the work.
of the signature of the Vakalatnama or power of attorney executed in favour of 2. The right to communicate the work before the public.
art, or music. Through the registration of a copyright, the author or creator can
the advocate signed by the applicant. 3. The right to issue copies of that work to the public.
claim over his work to protect their work from theft or piracy. So, copyright
4. The right to allow the work to be included in any cinematograph film.
registration provides protection from theft and also rewards the author for his 5. The right to make any adaptation of that work.
work. The protection of copyright is for a limited time period. It protects a registered
work for generally 60 years. It provides protection of original literary, dramatic, The rights under the registration of any musical work include:
Registration of a copyright musical, and artistic works for 60 years after the death of the author and provides
1. The right to reproduce the work.
Copyright is an intellectual property providing protection to the expression of protection to the cinematograph films, sound recordings, photographs, works of
2. The right of issuance of copy of that work.
ideas. It protects creators or owners of the original artistic, literary, dramatic, government or other international organizations, etc. for 60 years from the date
3. The right to performance of work in the public.
cinematographic film or sound recordings from unauthorized use or copying of of publication.
4. The right of communication of the work to the public.
the work. In India. Copyright protection is provided under the Copyrights Act, 5. The right to include the musical work in any cinematograph film or make
1957 where it confers protection to copyrights automatically as soon as the Rights under copyright registration When a work is registered under copyright
a sound recording of that work.
software code gets embodied on any tangible medium like ROM, paper, Magnetic then its author or creator gets certain rights. These rights can be categorized
6. The right to translate the work in any language.
Tape, etc. The registration of such works maintains a public record in the Register according to their form of work.
7. The right to make any adaptation of the work.
of Copyrights which includes the title’s name and author’s name in the index. The rights under the registration of literary works include:
Copyright notice consists of 4 elements: 1. The right to reproduce. The rights under the registration of a cinematograph film include:
2. The right to issue copies of the work to the public.

1. The letter C in a circle or word “Copyright”. 3. The right to perform publicly. 1. The right to make a copy of the film and including a picture forming a
2. First publication year of the work. 4. The right to communicate work to the public. part of the film
3. Owner’s name. 5. The right to make cinematograph film or sound recording of that work. 2. The right to sell or hire, or offer for sale or hire, the copy of the film
4. “All rights reserved” at the end. 6. The right to make translation in any language of that work. 3. The right to communicate the cinematographic film before the public
7. The right to make any adaptation of that work.
 The rights under the registration of a sound recording include: executed between the licensor and licensee only when there is sufficient no prima facie evidence to prove his ownership. The owner’s other rights are also
proof that the work belongs to the licensor. limited if the copyright is not registered which increases the risk in the protection
1. The right to make any other sound recording including it ● It provides remuneration and royalty to the owner- The protected work of the work. These limitations are:
2. The right to sell or hire or offer for sale or hire the copy of that work when gets translated or adapted or edited, the owner has a right to claim
3. The right to the communication of the work before the public. remuneration or royalty over such translation, adaptation, or editing. The ● Bringing suit of infringement- A suit can not be instituted for infringement
relevant examples are the music industry and youtube where the content is of unregistered copyright. Therefore, to institute a suit for infringement of
Advantages of Registration of Copyrights copied or the songs are used and remixed or videos are made on that music. copyright it must be registered. One can only sue for an injunction to stop
● It provides easy import, export, and exhibition- Registration of copyright any person from using the copyrighted work. To bring a suit of
● It provides legal protection- The registration of a work under copyright makes import and export of works easier and the creator of artistic work can infringement, registration of a copyright is a pre-requisite as under the
would serve as evidence for proving the ownership of the work to the author exhibit it to display or sell it. Copyrights Act, 1957, it is stated that the Register of Copyrights is a prima
which would provide legal protection to him. Sec 48 of the Copyright Act, facie evidence of the work against which the suit is instituted.
1957 provides a prima facie validity to the entries of the registration certified Disadvantages of Copyright The copyright provides protection from unauthorized ● Registration of a copyright is important when a person wants to raise a loan
by the Registrar of the Copyrights. use of the work but it has many disadvantages. Such as: on the basis of his work.
● It provides branding and goodwill to the owner- The certificate of copyright ● When the unregistered work is copied by someone then the owner can not
1. Inability to share- The owner of the work is not permitted to allow the work
paves way for making and marketing their work and creating a brand by the file a lawsuit only because his work is unregistered and as long as the work
use it or distribute it openly.
quality and goodwill established in the mind of the customers. is unregistered, the owner can not stop others from infringing his rights.
2. Authorship is different from ownership- In few cases, it is possible that the
● It protects from unauthorized use- The copyright provides legal remedies to
author is different and the owner is different and the rights of that work are
the owner of the copyright against unauthorized use or reproduction of the ● Damages of the suit- In a suit of unregistered copyright, the owner gets
provided to the owner and not to the author. Such instances are the work of
work which would be considered as a copyright infringement. only the actual loss or potential loss and money gained by an individual
an employee where the employee is the author and the company is the
● It provides global protection- If the copyright is registered in other countries using that work. While in case of a registered copyright suit, the owner can
author of the work.
as well then the owner would have similar privileges as it has in India.
get statutory damages as well as attorney’s fee. Thus, it saves a
● It creates an intellectual property- Intellectual property is an intangible asset
Risks involved in non-registration of copyright Registration of work is not considerable amount of money if his work is registered.
and registered copyright is an intellectual property that can be sold,
franchised, and contracted commercially. necessary to receive protection as when a work is finished which is new and
Conclusion Registration of a copyright is important to protect the work from
● It tracks the work to the owner- The Register of copyrights lists the owner of original, it automatically gets protected by copyright. The registered copyright can
unauthorized use or copying as it is a prima facie evidence to prove the ownership
the work so that the work could be traced by its creator. also be sold, reproduced, and perform the work but there is a greater chance of
● It specifies the date of publication- The registration of copyrights include the of the work and it also provides the owner of the registered copyright to avail the
risk in reproducing or selling the unregistered copyright before the public as the
date of publication of the work due to which when any case of infringement maximum benefit by licensing, assigning and raising capital. Registration is not an
registered copyright is a proof that the owner has exclusive rights over the work
arises then it can be easily observed because the date of the publication is essential element for copyright but it protects infringement of the owner’s right.
but if the work is not registered then proving the ownership over the work
the key factor while dealing cases of infringement. Thus, it is highly advisable to register the copyright to protect the work and
becomes difficult and any other company can claim over that work and the actual
● It provides licensing the right to the owner- The owner of the copyright has extract maximum benefit from the work.
the right to provide licensing easily to others. The licensing agreement is owner would have to face the consequences of non-registering the work and
protecting the work from others would be more difficult for the owner as he has

10. Draw a distinction between copyright office and copyright board. ● Maintenance of copyright records: The Copyright Office maintains a ○ Notarized copy of the Deed, if any (For example, a deed of
register of copyright works and related information, which is accessible to assignment/partnership/dissolution etc.)
the public. ○ An affidavit attesting that no case is pending in any court of law relating
Copyright is a creation of the statute. The law of copyright in India is contained in
to the Registration Of Changes in question
the Copyright Act, 1957 as amended subsequently from time to time. This Act has ○ Attested Copy of the Death Certificate if the original copyright holder is
been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and II. Facilities Provided by the Copyright Office and How to Access Them deceased
2012. The Copyright (Amendment) Act, 2012 is the most substantial. The Indian The Copyright Office provides for e-filing of applications on its website. ○ Notarized Copy(ies) from Extract of ROCs along with the Works
copyright legislation provides for three important authorities and institutions for
registration of copyright, effective protection of copyright and also for better The Registration of a Copyright: The registration of a copyright is not mandatory, The online application form for the registration of changes in the particulars of a
but can be done to ensure that no one else uses it, and to safeguard the author’s copyright is available here.
enforcement of the copyright of owners and others. They are:
efforts in the future. A copyright is registered by the Copyright Office under Section
(1) Copyright office 45 of the Indian Copyright Act, 1957.
(2) Copyright Board A Proforma for any Discrepancy in a Copyright
A proforma is issued by the Copyright Office in case of the following discrepancies
(3) Copyright Societies ● An application needs to be made to the Copyright Office under Form-XIV, in the registration of a copyright-
along with the attachment of the following documents-
Copyright Office: ○ Four copies of the artwork
1. Under Rule 70 (3) of the Copyright Rules 2013, that application for registration
Section 9 of the Copyright Act requires for establishment of an office to be called ○ Applicants details of name, address and nationality proof
of a copyright can be signed by the author/owner only. It does not provide for
○ Nature of interest of the work of the applicants
the Copyright Office for the purpose of the Act. The Copyright Office is to be under an attorney to sign an application, including the Statement of Particulars (SoP)
○ Work title
the immediate control of a Registrar of Copyrights to be appointed by the Central and the Statement of Further Particulars (SoFP) on behalf of the applicant. This
○ Authors details and death certificate in case of the death of the author
Government, who would act under the superintendence and directions of the requires the resubmission of Form XIV, along with the SoP & SoFP duly signed
○ First Publication date, place, publishers name, etc.
by the applicant.
Central Government. ○ NOC from the trademarks registry
2. If Para 2 of Form XIV is incomplete, the applicant is required to send notice by
○ Power of attorney on Indian stamps paper
registered post copies of Form XIV, SoP & SoFP to other parties concerned
I. Functions of the Copyright Office ● After the application is filed, along with the fee, a diary number is issued and a
under Rule 70 (9) of the Copyright Rules, 2013.
mandatory 30-day waiting period is instituted for the filing of objections. 3. If the application for registration, SoP & SoFP are not submitted in the
● Registration of copyright works: The Copyright Office is responsible for the
● The work is then scrutinised by the examiner for discrepancies. If no
registration of various types of copyright works, including literary, musical, prescribed format, another copy must be submitted.
discrepancy is found, the application is sent for approval to the Deputy 4. If the Name/Address/Nationality of the applicant is not furnished.
and artistic works. Registrar of Copyrights. 5. If it is not clarified whether the applicant is the
● Issuance of copyright certificates: Upon registration, the Copyright Office
author/publisher/owner/assignee of the work being copyrighted.
issues a copyright certificate to the owner of the work, which serves as The Registration of Changes in the Particulars of a Copyright 6. If the appropriate class of the work is not indicated.
legal proof of ownership and facilitates enforcement of copyright 7. If the title of the work as it appears on the work itself is not reflected. The
infringement. Rule 71 of the Copyright Rules, 2013 provides for the registration of changes in work to be registered for copyright must have a title which should be short
● Copyright information services: The Copyright Office provides information the particulars of a registered copyright. and should correspond to the work.
on copyright law, registration procedures, and other related matters to the To register changes, an application is required to be made under Form-XV to the 8. If the language of the work mentioned does not correspond to the language
Copyright Office, along with the attachment of the following documents- actually used in the work. For revision, all the languages used in the work must
public.
be mentioned.
○ Original Power of Attorney, if the application is filed through an attorney
9. If Col.7 of SoP is incomplete, it is necessary to furnish the 20. If the author of the work is someone other than the applicant, a No Whenever an application is filed with the proper details, it is published on the
Name/Address/Nationality of the author (artist/photographer). If the author is Objection Certificate, in original from the author is required, clearly indicating website of the Copyright Office for a mandatory period of 30 days. Within this
deceased, the date of death must be mentioned, along with a notarized that he has no objection if the copyright in the work is registered in the name period, an objection can be filed with the Copyright Office through post or email.
affidavit regarding inheritance of right(s) /NOC from all the legal heirs of the of the applicant. In case the author is partner/proprietor/employee of the
deceased author in favour of the applicant. applicant firm, the same may be clarified. If an objection is received, the application is remanded for hearing in front of the
10. If it is not indicated whether the work is published or unpublished at the 21. As provided under Section 15 of the Copyright Act 1957, please intimate if Registrar of Copyrights in order to give both parties an opportunity to present their
time of applying for a copyright. your work is already registered or capable of being registered under Designs side of the dispute. The issue is then decided by the Registrar.
11. If the year/country of first publication/name/address/nationality of the Act, 2000. If not, please file an affidavit to the effect that the work is not
publisher has not indicated. registered/applied for registration under the Designs Act. If any complaint still exists, the decision of the Registrar can be appealed to by filing
12. If the year/country of subsequent (last) 22. If the work is published by a person or a firm other than the applicant, a No
an appeal in front of the Intellectual Property Appellate Board of India.
publication/name/address/nationality of the publisher has not been indicated. Objection Certificate, in original, may be obtained from that person/firm and
13. If the name, address and nationality of the person who holds the various forwarded to this office.
rights comprising the copyright in the work are not furnished, they are 23. If a lesser number of copies of a work than required are submitted, the
required to be mentioned. In case the applicant himself intends to hold all the remaining number of copies are to be submitted.
rights in the work, his particulars as already given against Col.2 may be 24. If the Statement of Further Particulars (SoFP) is not filled in properly. Copyright Board
mentioned. In case the applicant is a partnership firm, the names of all the 25. If the Power of Attorney (POA) has not been submitted or is not in order, it The Copyright Board, a quasi-judicial body, was constituted in September 1958. The
partners and their respective shares in the copyright may be indicated. has to be submitted on stamp paper duly accepted by attorney/signed by the jurisdiction of the Copyright Board extends to the whole of India. The copyright
14. If the author intends to authorize other people to assign or license the applicant. Incomplete POA is returned herewith. board is a body constituted by the central govt. to discharge certain judicial
copyright on his behalf, the name, address and nationality of such person may 26. In Col. 15 of SoP details have to be given whether it is registered under
function under the Act. The Board is entrusted with the task of adjudication of
be indicated. Design Act, 2000.
disputes pertaining to copyright registration, assignment of copyright, grant of
15. If Col. 13 has been left incomplete. 27. In Col. 16 of SoP if an artistic work is registered under the Design Act,
16. As per Rule 70 (6), a Search Certificate from The Trademarks Registry is details have to be given on whether it is applied to an industrial process, and Licenses in respect of works withheld from public, unpublished Indian works,
mandatory if the artistic work is to be used or is to be capable of being used in the number of times it has been reproduced. production and publication of translations and works for certain specified
relation to any goods, irrespective of whether a trademark is registered or not. 28. If it is mentioned in Col. 14 of SoP that work is not capable for use on goods purposes. It also hears cases in other miscellaneous matters instituted before it
Otherwise, it must clearly be stated in Col.14 of SOP that the work is neither but it seems to be capable of being used on goods, Form TM 60 from the under the Copyright Act, 1957
used nor is it capable of being used in relation to any goods. Trademark Registry must be provided, along with the submission of the
17. If the work is not identical with the work attached with the Search difference of fee (i.e. Rs.2000-500 = 1500/-)
It consists of a chairman and not more than fourteen other members. The Chairman
Certificate, 5 copies of the work identical in respect of size/colour/design are 29. In case of the Sound Recording & Cinematograph category, if a copy of the
required to be furnished. agreement is not provided, a No Objection Certificate from various copyright and the members shall hold their office for five years. They may be reappointed on
18. If the name/address/nationality of the person whose photograph appears holders is required. the expiry of the tenure. The chairman of the copyright board must be a person
on the work is not intimated. If that person is someone other than the 30. As per the Rule 70 (5) for registration of Computer Programme or Software, who is or has been judge of a High Court or is qualified for appointment as a judge
applicant, a No Objection Certificate, in original may be obtained from that the applicant has not provided source code and object code. of a High Court. There is no qualification mentioned about the members of the
person [from heir(s) if the person is deceased/from the guardian in the case of Board.
minor] and forwarded to the Copyright Office. These discrepancies are to be removed within 45 days, or the application is
19. A Firm itself cannot be the author of a work. Details of the person who has considered to be abandoned. The Registrar of Copyright also plays a very important role. The Registrar of the
actually created the work must be furnished under Section 2(d) of the
Copyright Act, 1957. copyright board will perform all secretarial functions of the copyright board. The
Complaint Redressal Machinery Of Copyright Office And How To File Objections Registrar of the Copyright is the authority under Section 9 of the Act who is the

officer of the Copyright Office. The Registrar of Copyright has powers of the civil Other than this, the copyright board has been provided direct jurisdiction in Note: As per Sec. 50A of the Act every entry made in the Register of Copyright
court. And every order made by the registrar of payment of money is deemed as a relation to matters: should be published in the official gazette or in such manner as the registrar may
decree of a civil court and is executed as decree of such court. (1) To decide the issue of publication and its date in order to determine the term deem fit.
of copyright
Powers of Copyright Board (2) To decide the term of copyright which shorter in any other country than that Registration of Copyright:
The copyright board has been constituted to perform judicial functions. provided in respect of that work under the Act (The decision of the Copyright registration of copyright is not compulsory under sec. 44 of the Act. The
board on the above question will be final) registration is neither required for acquiring copyright nor for enforcement.
Therefore, the copyright board has been accredited with the powers of civil court (3) To settle disputes related to assignment of copyright Registration is merely a piece of evidence as to when certain author started
for the purpose of Sec. 345 & 346 of the Code of Criminal Procedure, 1973. All (4) To grant compulsory licenses for Indian work claiming copyright in the artistic or other work.
proceedings of the court are judicial proceedings within the meaning of Sec. 193 (5) To grant compulsory licenses to publish the unpublished work
& 228 of Indian Penal Code, 1860. In exercise of the civil court power, the (6) To grant compulsory licenses to produce and publish translation of literary Procedure of Copyright Board
copyright board may issue summons and enforce the attendance of any person and dramatic works
and may examine him on oath, requiring the discovery and production of the (7) To grant compulsory licenses to reproduce and publish certain categories of The copyright board has power to regulate its own procedure, [23] including the
document, receiving evidence on affidavit issuing commission for the examination literary, scientific or artistic works for certain purposes fixation of places and times of its sittings. This is subject to the Copyright Rules,
of witness and documents and requisitioning public record or copy thereof from (8) To rectify the Register of copyrights on the application of registrar of 1958. Ordinarily it will hear any proceeding instituted before it within the zone in
any court. copyrights or any aggrieved persons which the person instituting the proceedings actually and voluntarily resides and
carries on business or personally works for gain. For this purpose the territory of
The Registrar of Copyright and the Copyright Board have the powers of a civil Other than this, another important function of Copyright Board is carried out by India has been divided into five zones – The northern, southern, eastern, western
court in respect of the following matters: the Registrar of Copyright Board. The Registrar maintains a Register of Copyrights and central zone. Here zone means a zone specified in Sec. 15 of the States
containing the names or titles of works and the names and addresses of authors, Reorganization Act, 1956. [24]
(a) Summoning & enforcing the attendance of any person and examining him on publishers and owners of copyright and other particulars as may be prescribed.
oath (this jurisdiction extends to the whole of India); The Register of Copyright will be kept in six parts as follows: (1) The Northern Zone comprises the States of Haryana, Punjab, Himachal
(b) Requiring the discovery and production of any document; Pradesh, Rajasthan and Jammu & Kashmir, and the Union Territories of Delhi and
(c) Receiving evidence on affidavit; Part I – Literary works other than computer programs, tables and compilations Chandigarh.
(d) Issuing commission for the examination of witnesses and document; including computer databases and dramatic works. (2) The Central Zone comprises the States of Uttar Pradesh and Madhya Pradesh.
(e) Requisitioning any public record or copy thereof from any court or office; Part II – Musical works (3) The Eastern Zone comprises of the States of Bihar, West Bengal, Orissa,
(f) Any other matter which may be prescribed. Part III – Artistic works Assam, Manipur and Tripura.
Part IV – Cinematograph films (4) The Western Zone comprises of the States of Gujarat and Maharashtra, and
Functions of Copyright Board Part V – Sound recordings the Union Territories of Dadra and Nagar Haveli and Goa, Daman & Diu.
The first and foremost function of the copyright board is to look after whether the Part VI – Computer programs, tables and compilations including computer (5) The Southern Zone comprises of the States of Andhra Pradesh, Tamil Nadu,
provisions of the Act are followed without any violation or infringement and to databases. Karnataka and Kerala, and the Union Territory of Pondicherry.
adjudicate certain cases pertaining to copyrights.
Now, the Copyright Board functions in five zones. The Board discharges its copyright, the Copyright Board has no power to decide whether there was any 11.Copyright Societies
functions through the Benches constituted by the Chairman, and the Chairman infringement of copyright. Copyright has its foundation purpose of preventing any individual from using the
constitutes benches from amongst its members, each bench consisting of not less Hence, registrar functions as single arbitrator. And the appeals against his orders works of another individual which has been created by labour, skill or capital by
than three members. [25] If the matter of dispute is of utmost importance, the are made to the board. Thus, the mechanism under the Act is – administrative, such individual without his consent for his own benefit and to protect the rights of
Chairman of the Board may constitute a bench consisting of five members. [26] If quasi-judicial and judicial. the owner of such work. The copyright law prevents exploitation of the copyrighted
there is any difference of opinion among the members of the Bench, the opinion work by any other person. In ancient times, the importance of copyright was not
of majority shall prevail. [27] If there is no such majority, the opinion of Chairman Reform of Copyright Board so prevalent, as copying or stealing other’s work was difficult and expensive.
will prevail. [28] The Copyright Board during the last decade has changed significantly. Considering However, with the invention of the printing press, the world witnessed the
the diverse nature of issues being dealt with by the Copyright Board, section 11 reproduction of one’s work without permission and hence, the importance and
Further, the Chairman may authorize any of its members to exercise any of the relating to the constitution of the Copyright Board has been amended to make it a requirement of copyright protection laws was recognised.
powers conferred on it by provision of Sec. 74 of the Act and any order or act body consisting of a Chairman and two members which may extend up to 14 Copyright is a creation of statute. Copyright cannot be entitled to every work under
done in the exercise of these powers by the member so authorized will be members. the sun. It is only entitled to such works which are provided under the Copyright
deemed to the order or act, as the case may be of the Board. [29] A provision has also been introduced for payment of salaries and allowances to Act. Its main objective is to protect the creator of the original work from
the members of the Board. unauthorised reproduction leading to exploitation of his work. The right also
Also, no member of Copyright Board should take part in any proceedings before Latest reform that has come is setup of a permanent copyright board. ―A extends to prevent others from exercising without authority any other form of right
the Board in respect of a matter in which he has a personal interest. permanent copyright Board is being set up to provide better services to authors, attached to copyright. The rights can be either assigned or licensed to the work
performers and creators of various works, HRD minister MM Pallam Raju said on either wholly or separately.
Appeal (Sec. 71-73 of the Act): An order of the registrar may be appealed within 3 Monday, Feb. 18, 2014. Copyright can be only entitled to such original work. The term ‘original’ denotes
months to the Copyright Board and any decision or order of the Board may be This office will establish a unique identity and will create a distinct relationship any work which has been created with its labour and skill and not copied from any
appealed to the High Court within 3 months. with public. And the interactive copyright web portal having facility of e-filing of other work. Work, in order to be entitled to copyright protection, need not have to
No appeal lies against the order of the Copyright Board for the determination of applications with payment gateway is also going to be the major step in delivering pass any test of intelligence, good or bad, etc. However, copyright is not entitled to
issue related to the term of the copyright in other countries. public services in a more efficient and effective manner. E-filing facility for any form of idea.
The jurisdiction of High Court in appeal is determined by the place where the registration of ISBN numbers is going to be operational in the current year and For example, if any person in their mind themselves had thought of an idea, which
appellant actually or voluntarily resides or carries on business or personally works will assist authors and publishers in getting prompt services. he had conveyed to any other person, and that person has incorporated that idea
for gain. Further, the word resides, refers only to natural person and not to legal This will eliminate wasteful expenditure and save time and energy on long travels in the material form, then the person who had created the work in the material
persons like companies or government. This is why the firm or companies to come to copyright office here to search the copyright register. form will be allowed to have protection and not the person with an idea. Copyright
whether they carry on business at a particular place is a question of fact. Copyright Enforcement Agency Council has also been constituted in year 2013 to protection is also not available to any live events, or on any such work which is
Civil courts have no jurisdiction to rectify the copyright register. And the Copyright enforce provisions under the Act and stop piracy after the major amendments illegal, defamatory, seditious, etc.
Board has no powers to limit the user of copyright to any particular territorial bought to the Copyright Act in 2012. In India, copyright laws are stated under The Copyright Act of 1957. Section 13 of
area. Overall the amendments introduced are forward looking. This will enable the the Act mentions such works in which copyright subsists.
Further, In Mukherjee vs. State it was held that while exercising its jurisdiction Copyright Act 1957 to become as one of the best copyright legislations in the
under section 19A relating to settlement of disputes arising out of assignment of world. Introduction to copyright societies

Copyright Society is referred to as a legal body that protects or safeguards the The copyright Societies discharge the following functions: In India, now a copyright society is governed under the Copyright Act, of 1957. A
interest of owners of the work in which copyright subsists. The Copyright Society ● It grants license of the Copyright in the work for reproduction, copyright society is established by authors and copyright owners for the protection
gives assurance to the creative authors for the commercial management of their performance, or communication to the public. of their work from exploitation. The minimum membership for the registration of
works. ● It locates the infringement of the Copyright and initiates legal proceedings. a copyright society is seven. There are different kinds of societies assigned to
Copyright societies are collectively formed by a group of authors and other owners To regulate these activities of such copyright societies Sections 33 to 36A have been different classes of work.
of such copyrighted works in order to manage and protect the authors or owners enacted under the Copyright Act 1956. For example, a copyright society is especially dedicated to literary work. The
against copyright infringement because it is difficult for authors as well as owners registration granted to the copyright society is almost for 5 years. It can be renewed
of the copyright to keep track of the use of their copyrighted work. Evolution of copyright societies from time to time at the end of every five years through a request application.
A member of the society is entitled to organizational facilities such as the Copyright Before the commencement of the Copyright (Amendment) Act, 1944, Section 33 to However, the acceptance of such a request will only be declared by the central
Society keeps a better vigil of the use or monetization of a member’s copyrighted Section 36 used to deal with the performing rights societies. This society used to government after analysing certain reports. There had also been an amendment to
work throughout the country and collects royalties from those who use the carry on the business of issuing or granting of licences for the performance of any the Copyright Act in 2012.
registered work. work in which copyright subsisted in India. For those copyright societies who had already registered themselves before this act
India being a member of international conventions, the copyright societies in India However, power of such society was limited to the field of literary, dramatic, came into existence, they will themselves get registered under this act within one
can collect royalties for the use of Indian works in other member countries through musical work. In 1994, after the commencement of the Copyright (Amendment) year from the date of commencement of the Copyright (Amendment) Act, 2012.
reciprocal agreements made with similar societies in such countries. Hence, it is Act, 1994 performing rights societies was replaced by copyright societies in the said Section 33 (3) of the Copyright Act, 1956 provides that the copyright society duly
beneficial for copyright owners to become a member of such a copyright society to Act. registered under the act can only conduct the business of issuing/granting licenses
ensure proper protection of their copyrighted work and to obtain the maximum to the copyrighted work i.e., literary, dramatic, musical, or artistic works
benefit for their creations. The reason behind the development of copyright societies incorporated in cinematograph films or sound recordings. This collective licensing
The authors of creative works may assign or licence a publisher to publish his work is necessary for managing performance rights. And they should file an application
It has been usually observed that the authors of creative works are not business-
for royalty. This also leads to infringement of the work anywhere in India or abroad with the Registrar of Copyrights. The application should consist of:
minded, or interested in financial resources and are often prone to the exploitation
therefore it is extremely difficult for the owner of the work to prevent from such ● A true copy of the application that establishes or incorporates the
of their work. For example, if an author has created an original piece of literary
infringement. Applicant.
work, then the author might get a monetary benefit by reproducing copies of his
To overcome such difficulty owners of Copyright works have formed Societies to ● All members of the Governing Body of the Application have given their
work and selling them to the public at large.
licence their works for performance or communication to the public or issue copies consent to serve as members of the Governing Body of the Application.
However, this is only possible if the work is licensed to a publisher. It is also
of the work to the public. ‘Copyright Society’ means a society registered under ● A declaration setting down the Applicant’s aims, the entities through which
extremely difficult for the owner of the work to prevent infringement of the work.
Section33 (3) of the Copyright Act, 1956 which provides that the copyright society it will operate, and accounting and auditing arrangements; and
At times, it has been also observed that they are unable to keep track of all the uses
duly registered under the act can only conduct the business of issuing/granting ● An undertaking that the instrument is constituted or incorporated requires
others make of their work. Therefore, to overcome such difficulties, owners of
licenses to the copyrighted work i.e., literary, dramatic, musical, or artistic works it to comply with the provisions of the Act and these Rules.
copyright works decided to form copyright societies to licence their works for
incorporated in cinematograph films or sound recordings. The term period granted for registered copyright is for five years and can be
performance or communication to the public. The societies are authorised to do
This collective licensing is necessary for managing performance rights. And they renewed before the end of the term of five years by a request through the
such work based on payment.
should file an application with the Registrar of Copyrights on Form VIII. prescribed form and the central government will renew the registration after on
the basis of the report from the Registrar of the Copyrights about the functions and
Copyright societies in India
Functions of copyright societies
duties performed by the copyright society as stated under section 36 of the artists, and publishers are protected and to build a strong network that supports continue to have the power to grant licenses regarding his work with his/her
Copyright Act, 1957. the economic and moral rights of creators and publishers. obligation, if any, as a member of the registered copyright society.
The copyright society’s registration renewal is subject to the copyright society’s According to this Section, any kind of business of issuing or granting license in
continued collective control being shared with the authors of works in their ● Indian Performing Rights Society (IPRS) respect to the aspect of literary, dramatic, musical, and artistic work incorporated
capacity as owners of copyright or the right to receive a royalty. Every copyright The IPRS was established on 23rd August 1969. It is a representative body of music in a cinematograph film or sound recording will only be carried out through a
society that was already registered prior to the enactment of the Copyright owners, namely composers, lyricists (or authors), and music publishers, and it is registered copyright society.
(Amendment) Act, 2012, must be registered within one year of the enactment of also the sole authorized body to issue licenses for the use of musical works in India. As we already know, before the copyright society, the performing rights society was
the Copyright (Amendment) Act, 2012. Its mission is to legitimize the use of copyrighted musical works by issuing licenses deemed as a legal body to grant licences and its provisions were mentioned in
The Copyright societies are also authorized to watch out for infringement of the and collecting royalties from Users for and on behalf of IPRS members, who are Sections 33 to 36. With the onset of copyright societies, the performing rights
copyrighted work and take appropriate legal action against the infringers. Authors, Composers, and Publishers of Music. After deducting IPRS’s administrative societies under the former provisions of Section 33 will be deemed to be a
costs, the royalties collected are distributed to members. copyright societies if such societies had registered themselves under the new
Currently active copyright societies in India Section 33 of the Copyright Act.
A copyright society is created to track and monitor the copyrighted works of its ● Phonographic Performance Limited India (PPL India) To register a copyright society under this Act, an application should be made to the
members and enforce the author’s rights in case of any violations. Phonographic Performance Limited India, is a performance rights organization that registrar of copyright. The registrar will eventually forward the application to the
It is difficult to keep a check on every individual or entity using a registered work. licenses its member’s sound recordings for communication to the public in the Central Government. The central government will take a few considerations in
The process is tedious and time-consuming. A copyright society ensures security, areas of public performance and broadcast. It was founded in 1941. PPL owns order to grant registration. The conditions are:
enforcement of rights, and the successful and timely receipt of royalties to the and/or controls the Public Performance rights of over 400 music labels, ● The interest of the authors and other owners of rights under the Act.
authors of creative works. A copyright society provides optimum economic benefits representing over 4.5 million international and domestic sound recordings. ● Interest and convenience of the public.
to the original creators in the form of royalties or monetary benefits. PPL India accounts for the lion’s share of total sound recordings in both ● The interest of the class of persons who want to seek licences in respect of
Copyright societies are registered in India under section 33, and there are three international and domestic music. PPL India represents some of the world’s and relevant rights.
currently active copyright societies in India which are as follows; India’s largest record labels, including Aditya Music, Lahari Music, Sony Music ● Capacity and professional competence of those who apply.
Entertainment, Speed Records, T-Series, Universal Music, and Warner Music, and The central government usually does not register more than one copyright society
● Indian Reprographic Rights Organisation (IRRO) is India’s largest and most respected public performance rights organization, both for one class of work. If the central government feels that a copyright society is
Indian Reprographic Rights Organisation is a copyright society founded in 2000 in terms of membership and revenue. being managed detrimental to the interest of authors and other owners then they
under Section 33 of the Copyright Act of 1957. It protects the rights of authors and Provisions for the registration of copyright societies might cancel the registration of the copyright society. At times, the central
publishers of literary works and is affiliated with international organizations such government may suspend the registration of a copyright society during the
The provisions for registration of copyright societies are stated in Section 33 of The
as IFRRO on a global scale. The Ministry of Human Resource Development, pendency of an enquiry for a period of not exceeding one year.
Copyright Act, 1957. The Section states that no persons or body of persons or
Government of India, has granted IRRO the exclusive right to begin and carry on
associations are permitted to carry on the business of issuing or granting of licenses
the copyright business of “reprographic rights in the field of literary works” in India. Provisions regarding tariff scheme
for any work in which copyright subsists as mentioned in Section 13 of this Act.
It is the sole licensing authority for issuing licenses to users of its members’
However, those associations or bodies of persons or persons will be exempted from As per Rule 14 J of the Copyright Rules, 1958, the Copyright Society shall frame a
copyrighted works, collecting and distributing royalties on behalf of rights holders.
this provision who had registered themselves under Section 33 of this Act. The scheme of tariff to be called the ‘Tariff Scheme’.
IRRO’s mission is to work towards ensuring that the copyrights of authors, visual
Section further states that the owner of any copyrighted work in his capacity will

It helps to set out the nature and quantum of fees or royalties which it purposes to The Section further states certain powers of copyright societies. The powers are: As per Section 36A, the rights and liabilities of performing rights societies that had
collect in respect of such copyright or other rights administered by it within three ● Any copyright society can issue a licence under Section 30. accrued on or before the day before the commencement of the Copyright
months from the date on which it has become entitled to commence its copyright ● Such societies can collect fees regarding licenses. (Amendment) Act, 2012, will not be affected by anything mentioned under chapter
business. Tariff schemes help to get any sort of monetary benefit in the respect of ● They can also distribute fees among authors or other owners, provided that VII of the Copyright Act, 1957.
any copyright or any such right administered by it. This scheme provides a they had kept the money for their expenses.
transparent mechanism to all the stakeholders and licensees. ● They are also permitted to perform any other functions under Section 35. Confusion among certain provisions
Under Indian law, the provisions for Tariff Scheme are stated in Section 33A of this There might be an ambiguity that arises in the mind of the people while reading
Act. This Section states that every copyright society might publish its Tariff Scheme Provisions regarding the control of copyright societies Section 18 along with Section 30 and Section 33. Section 18 of the Act states that
in a manner as prescribed in Copyright Rules, 2013. The Section further states that According to Section 35, every copyright society is subjected to the collective the owner or author of any work had the right to grant the copyright to any person
if any person is aggrieved by such a scheme, he/she may appeal to the appellate control of the authors and other owners of rights, whose rights are being of his/her choice.
board. administered by the society. However, foreign societies are exempted from this On the other hand, the owners of copyright had the power to grant a licence under
After such an appeal, the board will hold an enquiry and if it feels necessary then control. Section 30 of this Act. However, Section 33 creates a specific bar on any other
might make orders to remove any unreasonable element. However, the aggrieved The manner in which the copyright societies are being controlled are: person to grant a licence except those who are registered as a copyright society
person must continue to pay to the copyright society until the appeal is decided. ● The copyright society needs to obtain the approval of authors and other under this Act. The Act does not clarify this ambiguity in the statutes, thereby
During an enquiry, the board might also fix an interim tariff and direct the parties owners of rights for the procedure of collection and distribution of fees. leading to confusion.
accordingly. ● They also need to obtain approval from authors and other owners for the In the case of Event and Entertainment Management Association vs. Union of India
utilisation of any amounts collected as fees. and others, (2010), the Delhi High Court held that Novex Communication Pvt. Ltd.
Provisions relating to the power of copyright societies ● They also need to provide full and detailed information to authors or other which is not a registered copyright society under Section 33 can continue to
The powers of copyright societies are mentioned in Section 34 of the Act. The owners of rights regularly regarding all the activities about administration. operate its business within the ambit of Section 18 and Section 30.
Section states that: The Section further states that all the fees which are required to be distributed However, in the case of Leopold Cafe and Stores vs. Novex Communication Pvt. Ltd.,
● A copyright society might accept exclusive authorisation of any copyrighted among the authors and other owners of rights must be distributed in proportion to (2014), the Bombay High Court banned Novex Communication Pvt ltd. and
work from the author and other owners of such rights. By accepting such the actual use of their works. Every copyright society must have a governing body restricted its business to grant licenses. These two opposite judgments created
exclusive authority, they issue licenses or collect the license fees or both. with the members elected from the members of the society. Lastly, all the confusion among the people. This issue of a conflict between the Sections had still
● An author or any other owner of rights might withdraw search members of copyright societies must enjoy equal membership and should not be not been addressed as such.
authorisation, without injuring any rights of the copyright society under any discriminated against.
contract. Provisions regarding the submission of returns and reports Case laws
The copyright society might enter into an agreement with any foreign society or According to Section 36, every copyright society must submit reports or returns to
organisation administrating rights corresponding to rights under this act to 1. IPRS Limited vs. Hello FM Radio (Malar publications Limited).
the Registrar of Copyright. The Central Government can also appoint any officer
entrusting to such a society in any foreign country the rights administered by the Facts:
who would be assigned to take and scrutinize all the reports of the copyright
said copyright society in India and vice versa. However, such a society should not According to this case the Indian Performing Rights Society Limited (IPRS) secured
society.
discriminate in regard to the terms of licence or distribution of fees collected an injunction from the Delhi High Court against Hello FM Radio (Malar Publications
between rights in India and other works. Limited).
Provisions regarding the rights and liabilities of performing rights society
The defendants were broadcasting the songs without obtaining licenses from the 3. M/s Phonographic Performance Ltd. vs. M/s Hotel Gold Regency & Others copyright infringement. Ultimately the Court ended up rejecting the plaint in this
Indian Performing Rights Society Limited (IPRS).In this case IPRS wanted either (MANU/DE/0942/2008). suit.
Hello FM Radio (Malar Publications Limited) should obtain license or have to stop Facts: Comment:
broadcasting the songs, or both. In this case the Delhi High Court decision has made the life of the Copyright owners This basically means that all pending suits filed by Copyright Societies are likely to
Held: and the Copyright Societies more complicated. As we know that the Copyright be rejected in the Delhi High Court and because of this the Copyright Owners have
In this case the Delhi High Court granted the injunction. By restricting Hello FM Societies in their capacity as licensees usually institute copyright infringement suits to start the litigation on their individual name.
Radio from playing music without obtaining license from the Indian Performing in their names on behalf of all their members who are actual copyright owners. This judgment is definitely going to have quite an impact on the operation of
Rights Limited (IPRS). Held: copyright societies and we can expect to see several more rounds of litigation on
IPRS is a non-profit-making company authorized under section 33 of the Copyright This judgment however has put an end to the practice by holding that as per the this point.
Act 1957 to operate as a copyright society for ‘musical works’ and ‘literary works’ scheme of the Copyright Act, 1957. According to this judgment the Copyright
performed along with the ‘musical works’. IPRS has more than 1500 members who Societies do not have any right to institute a suit for copyright infringement in their 4. The Indian Performing Rights vs. Kolkata knight Riders.
are local composers, lyric writers and publishers and also represents international name and therefore only a copyright owner or an exclusive licensee can sue for Facts:
music. copyright infringement. A suit on copyright violation against Kolkata Knight Riders (KKR) was filed on May
All users of music including radio stations, television stations need to obtain a The reasons given in the judgment revolve around a combination of various 14th, 2008 by The Indian Performing Rights Society (IPRS). The allegation was about
‘license for public performance’ whenever they broadcast or perform or play these provisions of the Copyright Act namely Sections 33, 34, 54, 55 & 61. To start of with playing 14 popular Hindi film songs like “Om Shanti Om” during IPL matches at Eden
literary and musical works, prior to the event or broadcast, if it is to avoid being in the judgment upholds the defendant’s contention that as per Section 55 only a Gardens without permission.
a violation of the Copyright Act, 1957. This order is a warning to other similar copyright owner can institute a suit for infringement of his work. As per Section 54 Held:
establishments operating without a license and violating copyright laws. the definition of copyright owner includes an exclusive licensee. Therefore, an The Kolkata High Court refused the application for an injunction on the use of the
exclusive licensee has the right to institute a suit. songs and directed the parties to file affidavits. This matter is yet to be decided.
2. Phonographic Performance Limited vs. Hotels. While in the current case the plaintiff himself had stated that it was not an exclusive
In the past also Mumbai High Court directed hotels to pay towards copyright license 5. Indian Performing Rights Society vs. Eastern India Motion Pictures
licensee the Delhi High Court has interpreted the law to hold that a copyright
fee for playing music in the new-year parties organized by them where an entry fee Association & Others, AIR 1977 SC 1443.
society can never be an exclusive licensee because of the proviso to Section 33(1)
was charged. Phonographic Performance Ltd (PPL), a copyright society registered In this case the Supreme Court held that the author/ composer of a lyrics or musical
which states that “an owner of copyright shall, in his individual capacity, continue
under the Copyrights Act, which took the hotels to court for failing to pay copyright work and thereby permitted him to appropriate his work by incorporating or
to have the right to grant licenses in respect of his own works consistent with his
license fees. PPL is the sole authority to administer the broadcasting, telecasting recording it on the sound track of a cinematograph film cannot restrain the owner
obligation as a member of the registered copyright society”.
and public performance rights and to collect license fees on behalf of the music of the film from causing the accosted portion of the film to be performed or
Further, the Delhi High Court held that from a bare reading of Section 34 it was
industry. projected or screened in public for profit or from making any record embodying the
obvious that the legislature had vested the copyright societies with only rights of
To turn the focus on the law; Copyright is a bundle of rights including inter alia recording in any part of the sound track associated with the film by utilizing such
administration that included the right to issue licenses and collect royalties and
rights of reproduction, communication to the public, adaptation and translation of sound track or from communicating or authorizing the communication of the film
distribute the earnings amongst owners.
the ‘work’. Work in copyright law corresponds to original literary, dramatic, musical by radio diffusion as Section 14(1)(c) of the Copyright Act permits the owner of the
The Court held that if in case there were disputes regarding the violation of these
& artistic works and also cinematograph films and sound recordings. The copyright Copyright of the cinematograph film to do all these things.
licenses issued by the society then in that case the copyright society would have
law protects these rights but in cases of ‘fair deal’ provides for exceptions under the right to sue in its name since it was a contractual dispute and not a case of
which others can use the copyrighted protected work under authorization.

6. Eastern India Motion Pictures vs. The Indian Performing Right Society, AIR were also entitled to initiate proceedings by taking records to process of law to entertaining a complaint for compulsory licensing relating to broadcasts. In respect
1978 Cal 477. protect the interest of the members. Comment: of each other types of publication, the complainant had to establish that the work
Facts: The moot question that is addressed whether Radio Today would be obliged to pay had been withheld from the public by virtue of the copyright owner’s refusal to
When a Cinematograph film producer commissions a composer of music or a any royalty or license fee to IPRS. If the songs are broadcast through the radio grant a license.
lyricist for valuable consideration for film or composing music or lyrics for that film, station in addition to the license fees paid to the producers (PPL a society of Amendment in 2012
i.e.; the sounds for incorporation in the sound track, he becomes the first owner of producers). The Copyright Act has been amended five times including the amendment in 2012.
the copyright therein’ No Copyright subsist in the composer of the lyrics or music The amendment is of vital importance because it created conformity with the
so composed unless there is a contract to the contrary between the composer of 8. Indian Performing Rights Society vs. Debashish Patnaik and Another,
international standards established by WIPO Copyright Treaty or known as WCT
the music and the film producer. 2007.
and WIPO Performances and Phonograms Treaty also known as WPPT.
Held: Facts:
This amendment also holds special importance regarding the copyright societies.
Following the decision of the Supreme Court in AIR 1977 SC 1443, the High Court In this case, Justice Geeta Mittal of the Delhi High Court while examining the claim
Previously, the copyright society did not recognise the rights of the authors. This
allowed the appeal and the order under appeal was set aside. of copyright infringement made by the IPRS against a hotel in Orissa, held that the
created several legal issues between the authors and the owners of rights along
defendants are liable for the infringement of copyright by communication of
with the copyright societies.
7. Radio Today Broadcasting Limited vs. Indian Performing Rights Society, musical works of the plaintiff to the public in the hotel rooms in the defendant’s
However, with this amendment, the term ‘author’ was introduced in the
2007 (34) PTC 174 (CAL). hotel without authorization of or permission from the IPR’s.
provisions. The inclusion of the authors in the copyright society ensured that the
Facts: Held:
governing body of every copyright society shall have an equal number of authors
Radio today broadcasting, the petitioner’s, plan to run a radio station through the Even if the defendant stayed away from the judicial proceedings, a plaintiff could
and owners for administration and there will be no discrimination between authors
F.M band with the name Radio Today. They applied for a license from the Central not be deprived of its claim for damages.
and owners of rights in the distribution of royalties.
Government and also secured a provisional license. The petitioner’s intent is to play The Court decreed the suit in favour of IPRS, granting a sum of RS. 141788/-
The amendment also inserted the provisions for Tariff schemes and repealed the
both film and non- film songs on this proposed station. The dispute arose due to towards the actual compensatory damages and the sum of three lakh rupees as
provisions for payment of remuneration by copyright society.
the fact that Radio Today was not willing to pay royalties to the IPRS. And IPRS in punitive damages, along with the interest of 10% a year on the amount from the
turn threatened to bring a legal action for infringement of copyright. date of decree till payment.
Conclusion Copyright is very essential in today’s world. There are different
Radio Today’s main contention was that once the song is composed and marketed
9. Phonographic Performance Limited and Others vs. Music Broadcast copyright societies in India for different purposes. Copyright society plays an
through the producers, they were only required to seek permission from the
Private Limited and Others [Bombay High Court]. important role in the life of those authors and owners who have copyright on
Producer’s society only and not from IPRS as once the song was prepared and
Facts: their work. Society helps such authors and owners in the field of business
marketed, the complete product would attract royalties and the individual
In this case, Phonographic Performance Limited filed an appeal in the High Court of regarding earning monetary benefits. It also helps the authors and the owners to
performers are entitled to such royalties.
Bombay to which the FM Radio companies filed a cross-appeal. For the first time, be associated with foreign societies.
The IPR’s told to Radio Today that if the station played the songs, it would amount
to copyright violation. Alerted by the threats, Radio Today filed a lawsuit u/s 60 of a court interpreted the Compulsory License Provision could be granted for the The aim of the Copyright Societies is to collect the royalty and to take appropriate
the Copyright Act, 1957, which provides for remedies in the case of groundless Copyrighted work. Differentiating between the thresholds for approaching the actions against any infringement in various copyrighted works. Thus, different
threats of legal proceedings. Copyright Board in Section 31 compliant. Copyright Societies help copyright owners to make an association with foreign
Held: Held: countries. Hence, the Copyright Societies play an important role in order to make
The Court held that IPRS was legitimately entitled to threaten the Plaintiff and they In this case, the Court held that a reasonable royalty rate is only a criterion when Copyright owners associate with business people easily and earn money.
12.Describe the essential ingredients of infringement and its exception. 6. Make an adaptation of the work Scope of Copyright
Introduction
Examples of Copyright ● Copyright is provided for a wide range of expressions like literary works,
The advent of the internet has posed a threat to people in different ways. One of Artistic work, music and Cinematography.
● Someone publishes the novel, then he gets the copyright for the novel. ● Literary works include novels, books, newspaper articles, journals,
them is Copyright infringement. People can have access to millions of websites with
just a click, post something on social media networks by altering somebody’s ● The makers of the film have a copyright over the film. research papers, magazines, instruction manuals.
● Artistic work includes painting, sculpture, diagrammatic representation,
original work, a popular example of such alteration is the submission of research
papers where researchers often use different sources to produce their work. Why is copyright important drawing.
● Music includes original music work and a specific combination of melody
People often copy someone else’s original work without having any authority to do
so. Can the copyright holder bring an action for copyright infringement? What are Copyright is important for various reasons, namely, and harmony.
● Cinematography includes movies, tv shows, documentaries, television
the rights of a copyright holder? What are the remedies available with the copyright
holder? ● Copyright legally protects the creator’s work recording of events.
● Copyright helps the author to exercise control over his work ● It is provided for work and not for ideas.
Copyright definition and Example ● It provides ownership to the creator of the work.
Copyright Protection
What is Copyright? Purpose of Copyright
Copyright protection is given to all original literary, artistic, musical or dramatic,
sound recording and cinematography. The originality of the work is the prerequisite
Copyright refers to the collection of rights that are automatically vested on the ● To promote the progress of useful arts and science by protecting the
to claim for copyright. Original work means that the work has not been copied. A
creator of the original work of authorship such as a literary work, music, movies exclusive rights of the creators.
work is protected irrespective of its content or quality.
or software. The copyright holder i.e. the creator of the original work has the right ● To provide incentive and reward to the creators for producing original
over his work, he can transfer his rights to others or keep full control over his content. The creators can be economically benefited by their
Registration for Copyright
work by not giving the right to anyone to copy or produce his work. copyrighted work and receive proper recognition.
● To encourage the creators to come up with creative ideas.
It is not mandatory to register the work to claim copyright and it commences the
Copyright has been defined in Section 14 of the Copyright Act, 1957 as an exclusive
moment the work is created. However, it is advised to register the work for better
right to do or authorise the doing of any of the following acts in respect of a work What is eligible for copyright?
protection, it will serve as proof in a matter of dispute.
or any substantial part thereof, namely:
● Literary works
Section 13 of the Copyright Act, 1957 states that the copyright can be given only
1. Reproduce the work in any form including storing the work in any form ● Musical composition
for the original work. Copyright is usually provided for 60 years
2. Issue copies of the work to the public ● Dramatic works
3. Perform the work in Public ● Choreographic works
Copyright Infringement
4. Make any cinematographic film in respect of the work ● Graphics and Sculptural Activities
5. Translate the work
What is Copyright Infringement?

Copyright infringement refers to the unauthorized use of someone’s copyrighted ● The defendant actually copied the work of the author. It is important to Primary Infringement Primary infringement refers to the real act of copying the
work. Thus, it is the use of someone’s copyrighted work without permission note that not all factually copying is legally actionable. The substantial work of the copyright holder. For example, photocopying a book and then
thereby infringing certain rights of the copyright holder, such as the right to similarity between the works of the author and the defendant has to be
distributing it for commercial purposes.
reproduce, distribute, display or perform the protected work. established to prove that the defendant has infringed the author’s
copyright.
However, sometimes a person may only copy a part of the work, for example, a
Section 51 of the Copyright Act specifies when a copyright is infringed. According
paragraph of an article. In such a case, the copyright holder is required to establish
to Section 51 of the Act, Copyright is deemed to be infringed if: Copyright Issues There are a number of issues that can arise in Copyright. These two things:
are discussed below:
● A person without obtaining the permission of the copyright holder does
● Substantial Taking
any act which only the copyright holder is authorised to do. ● Plagiarism Someone may copy the copyrighted material and pretend it to be
● A person permits the place to be used for communication, selling, his original work. People are allowed to quote the work or refer the work but
A copyright is infringed only when an unauthorized person copies a substantial part
distribution or exhibition of an infringing work unless he was not aware the person who is using the copyrighted work has to give the credit to the
of the work. For example, copying a catchy phrase of a lyricist.
or has no reason to believe that such permission will result in the copyright holder.
violation of copyright. ● Ownership The issue of ownership may arise when an employer works for an
While deciding the case, the court also tries to conceive, how an ordinary person
● A person imports infringing copies of a work organisation. In such case who has the copyright over the work? If a person is
will perceive the work. If an ordinary person will perceive that the work is copied
● A person without obtaining the authority from the copyright holder an employer then it is the organisation which has the copyright over the
from a different source then it will be considered infringement.
reproduces his work in any form. material but if a person is a freelance writer then it is the person himself who
is the sole owner of the copyrighted material.
If the writing style, language and errors are similar to the copyrighted work then it
Copyright Infringement examples ● Derivative Works Derivative works use the already existing work of someone.
will serve as evidence of copying in a court of law. The minor alterations made by
It is a new version of already existing material. For example, translating a book
the person in the work of a copyright holder will not affect the claim of
● If a person uses someone’s song as background music in his/her music into another language. A person requires a license for it but if he has not
infringement.
video then he could be made liable for copyright infringement. obtained the license for it then he can be made liable for copyright
● If a person downloads movies or songs from an unauthorized source infringement.
● Casual Connection The copyright holder must prove that there is a similarity in
then it will amount to copyright infringement. the works of the copyright holder and the infringer. However, this may be
● A person is free to record a TV program to view it later, but if he Types of Copyright Infringement
because of several other reasons like both of them have used the same source
transfers or distributes it to others then it becomes a copyright for the research. In such a case, the copyright holder can not claim for
infringement. Copyright infringement can be broadly classified into two categories:
infringement.

1. Primary Infringement
Copyright infringement elements Secondary Infringement Secondary Infringement refers to the infringement of
2. Secondary Infringement
copyright work without actually copying it. This can happen in the following ways:
● The work was the original creation of the author
● 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 Joint Ownership and Authorship If two or more authors have worked together to Sui Generis Right This right is available to the creators of the database and
public and such work amounts to copyright infringement then such person can create a work then the authors will get joint ownership over the work. software. The right exists for a period of 15 years.
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 Assignment Assignment refers to the transfer of copyright ownership. A person or Copyright Exceptions:
copyright infringement then cannot be made liable for the same. a company to whom the rights are assigned is known as assignee. In this case, the Quotation, Criticism and Review: If a person uses the quotes of the copyrighted
Assignee become a owner. work then it will not amount to infringement. Similarly, a person may cite
It is important to note that the person should let the place for “profit” to be made examples of the published work to criticize it or review it.
liable for copyright infringement. If an NGO lets the place then the NGO cannot be Rights of Copyright owners Certain Rights are given to the copyright holder under
made liable for the same. the Copyright Act, 1957. These rights are discussed below: Criteria for using the exception

● The reason for using the material is genuinely for the purpose of Quotation,
● Selling Infringing Copies - If a person sells the copies that infringe the right of Right to Reproduction The right to reproduction allows the copyright holder to
Criticism and Review. For example, one cannot discuss the whole film in an
the copyright holder then it will amount to copyright infringement. make copies of his work in any form. The copyright holder can also bring legal
article and then comment that he/she liked the movie.
● Distributing Infringing Copies - When a person distributes infringing copies of action against the person if he reproduces his work i.e. download or copies his
● The material which is used for review or criticism should already be available
the copyright holder works then it will amount to copyright infringement. For work in any format for commercial purposes.
to the public. Thus, a person cannot use the material which is not made
example, if a person uploads a movie on the internet for free then it is an
available to the public but is kept confidential.
infringement of copyright. Right to distribute The copyright holder has the right to distribute his work in a
● The use of the material should be fair. There is no legal definition of what is
● Importing Infringing Copies - Importing the infringed work of the copyright manner he deems fit. He is also entitled to transfer his rights or some rights. For
fair and what is not. The fair use of the material will depend on the facts and
holder in India also amounts to infringement of Copyright. However, if the example, he may allow someone to translate his work.
circumstances of the case.
person has imported the infringed work for the domestic or personal use then
● If a person has provided sufficient acknowledgement to the copyright holder
it will not amount to Copyright Infringement. Right to make derivative works The copyright holder has the right to derivative
then it would not amount to copyright.
works. Thus, if a person wants to make a movie based on a novel then he should
Ownership of Copyright take permission from the author of the novel to do so or it may result in copyright
Parody and Pastiche Parody means to use the existing work of someone to create
infringement.
the humour or to use it for mockery. Some people may use the copyrighted work
Initial Ownership The initial ownership belongs to the creator of the work itself. Right to publicly perform The copyright holder has the right to perform his work
to make a critique while others may use it to draw attention to a social
Thus, for example, if a person A has written a novel P then initially it is the A publicly i.e. a writer of a novel may showcase his work by performing drama or
phenomenon. Use of work for parody and pastiche is not considered as a
himself, who is eligible for the ownership, thus, no one else other than A can concert.
copyright infringement.
claim the ownership on the novel.
Right of Paternity The right of paternity allows the copyright holder to claim
The work made for Hire rule If a person hires someone for the creation of the Test for Copyright Infringement
authorship of the work. The author can claim due credit for his work, thus for
work then it is the hirer or the employer who is the owner of the copyrighted example, if a movie is based on a novel but the maker of the movie does not
To test whether the work is copyrighted or not, the court follows the three-factor
work and not the person who has originally created the work unless there is an acknowledge the author of the novel then the author can bring an action against
test. These three factors are:
agreement to the contrary. the makers.

1. Quantum of the work copied allows making single copies or taking shorts extracts of the work for non- to it. Thus, the copyright holder can bring both civil and criminal proceedings
2. Purpose of copying the work commercial purpose. simultaneously.
3. The likelihood of competition between the two works. ● Section 63 of the Copyright Act, states that copyright infringement is a criminal
Private Copying Private copying refers to the copying of material from one device offence.
News Reporting A news reporter may sometimes use the copyrighted material to to another without infringing the right of the copyright holder. For example, one
report the current event. For example, a news reporter may use a part of the may copy a song from DVD to MP3 player for backup purpose. Conclusion To sum up, the purpose of copyright is to protect the rights of the
video clip to report a current event. In this case, he is exempted from copyright creator and provide the incentives and economic benefits to the creator. The scope
infringement. There are certain conditions under which a news reporter is Remedies for Infringement of Copyright of copyright extends to the literary or artistic works which demands creativity
exempted from copyright infringement, the conditions are discussed below:
including Database and computer software. The registration of work is not
Under the Copyright Act, 1957 the copyright holder has two types of remedies:
● The news reporter has not used the copyrighted photograph. The necessary to be eligible for copyright however, it is often advised to register the
Civil Remedies
copyrighted photograph cannot be used for news reporting. work because it serves as an evidence in the court.
● The purpose of using the material should be genuine i.e. for reporting ● Section 55(1) of the copyright act, provides that the copyright holder is
purpose only. entitled to remedy by way of injunction. The injunction is the most effective If a person infringers the copyrighted work of someone then he will be liable for
● There should be a fair use of the material. remedy in case of copyright infringement. Injunction refers to the judicial both the criminal liabilities and civil liabilities. However, there are certain
● The news reporter has to sufficiently acknowledge the author of the process by which one who is threatening the legal rights of someone is exceptions to the copyright infringement i.e. in certain cases a person is not
copyrighted work. restrained to continue his acts or is ordered to restore the matter to the required to obtain the permission of the copyright holder to use his work. However,
position in which they stood before the action. it is always advised to produce the original work and not to use someone’s
Libraries The libraries often lend readers the book for a certain period and make ● Section 55(1) of the copyright act, further provides that the copyright holder is copyrighted work without permission.
copies for its users. The librarians, in this case, cannot be made liable for copyright entitled to damages for copyright infringement. The purpose of providing the
infringement. 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
Education Another exception to copyright infringement is the use of copyrighted copyright holder. Generally, the damages are awarded for the amount that the
material for educational purposes. Sometimes the copyrighted material is used by copyright holder would have got if the person had obtained the license from
the teachers to illustrate a point or make the student understand the concept then him. However, there are various other factors as well, that determines the
it is not a copyright infringement. Similarly, if a student uses the thoughts of amount of damages like the loss of profit to the copyright holder, loss of
someone to explain an answer in examination then it is not a copyright reputation, decrease in the sale of the copyright holder’s work etc.
infringement.
Criminal Remedies
Research and Private Studies Researchers have to use various copyrighted sources
● The copyright holder can take criminal proceedings against the infringer. The
for the research purpose. The researchers are allowed to use copyrighted material
criminal remedy is not an alternative to the civil remedy but is complementary
for research purposes, it does not amount to copyright infringement. Copyright
13. Defences available against infringement of Intellectual Property. used, copied or otherwise exploited without having the proper permission from a ● Public Domain The defendant may opportunely argue that the work done
Intellectual property (IP) is a kind of property that includes hypothetical and person who owns the original rights. Examples of an Intellectual Property is in the public domain.
intangible creations of a human intellect. There are many types of intellectual infringement are counterfeiting and piracy." Statute of Limitations
property laws and some of the many countries in the world recognize the laws The defendant may argue that the statute of limitations for enforcement of an
more than that of other countries. The commonly known types of Intellectual Counterfeiting is the practice of imitating or emulating genuine goods often to infringement action has run.
Property are copyright laws, patent laws, trademark laws and trade secret laws. inferior quality, with the intent to take advantage of the superior value of the Accident The defendant may claim unknowing or unaware or innocent
The main motive of intellectual property law is to encourage the creation and imitated product in the market. Piracy is an unauthorized copying, use, infringement. This is not generally an available defense for commercial use of a
production of a wide variety of intellectual goods. reproduction and/or distribution of materials which are protected by intellectual copyrighted wok.
property rights. There are different types of intellectual property rights, such as Fair Use Doctrine The fair use doctrine claims that there is must be a valid and
To achieve this motive, the law gives people and businesses property rights to the copyrights, patents, trademarks, industrial designs, and trade secrets. legal use of the copyrighted work that does not infringe upon the holder's rights.
information and intellectual goods they create, usually for a limited period of time. Instances of fair use may include the following uses:
This gives economic incentive for the creation because it allows people to profit Therefore, an intellectual property infringement for instance be the following: ● review of the material (such as critique or criticism)
from the information and intellectual goods they create or produce. These ● Copyright infringement ● academic use (such as teaching the material or research)
economic incentives are expected to encourage innovation and contribute to the ● Patent infringement ● satire or other parody of the work
technological progress of countries, which ultimately depends on the extent of ● Trademark infringement ● news or public commentary.
protection granted to the innovators. ● Design infringement
Patent Infringement Defence
India has laws and protection of the same covering various area of intellectual Defences against infringement of Intellectual Property laws The defendant may prove that they are compliant, by data that shows they are not
property which is enumerated below: In the civil proceedings and the criminal prosecutions under common law a infringing, or argue that the asserted patent is invalid, if that be the case.
● Trade Marks deals with the Trade Marks Act 1999 defendant may put up a defense (or defence) in an attempt to avoid criminal or The defendant may stop selling or making the infringed product.
● Patents deals with the Patents Act, 1970 (as amended in 2005) civil liability. Other than contesting the accuracy of any allegation made against The defendant may negotiate licensing fees from the patent owner by cross
● Copyrights and Related Rights deals with the Copyright Act, 1957 them in a criminal or civil proceeding, a defendant may also make allegations asserting your patent portfolio (if the plaintiff is not an NPE).
● Industrial Designs deals with the Designs Act, 2000 against the prosecutor or plaintiff or raise a defense, arguing that even if the The defendant may start with non-infringement defence to avoid the infringement
● Geographical Indications deals with the Geographical Indications of Goods allegations put up against the defendant are true. The defendant is nevertheless claim. Cost of hiring an expert for non-infringement defence is considered to be
(Registration and Protection) Act, 1999 not liable for the same. Likewise, there are few defences in the intellectual the best amongst all the available options.
● Plant Varieties deals with The Protection of Plant Varieties and Farmers' property law. The defendant may prove that the patent has been wrongfully obtained by the
Right Act, 2001 plaintiff. That the subject of that claim is not an invention within the meaning of
● Data Protection deals with the Information Technology Act, 2000 They are: this Act, or is not patentable under the Act of Patents Act 1970.
Copyright Infringement Defence Insufficient disclosure of the invention or the method by which it is to be
Infringement of IP laws ● Invalidity The defendant may show and prove that the owner's copyright performed.
An Intellectual property Infringement is the violation or breach of an intellectual is invalid. In the case of a patent granted on convention application if in case the application
property right. IP rights are infringed when a document protected by IP laws is ● License The defendant may demonstrate that they have a valid license. for patent was not made within twelve months from the date of the first

application filed for protection for the invention made in a convention country or Design Infringement defense F. Hoffmann-LA Roche Ltd. & Anr. v CIPLA Ltd., RFA (OS) 92/2012) counter claim
in India. Repair Defense filed by Cipla seeking revocation of IN 577 in favour of Roche was dismissed, Delhi
The repair defence is a complete defence to the claim of design infringement, if High court set aside the impugned decision dismissing suit for injunction filed by
Trademark Infringement Defence the purpose of using the design is to repair a product. It only applies to complex Roche.
Doctrine of Laches: Stating that the plaintiff neglected to assert a right or claim products, which should contain two or more replaceable component parts. The
which can be taken together with lapse of time and other circumstances causing use of the part must restore its overall appearance in whole or part. Repair in this Conclusion
prejudice to defendant which operates as bar in court of equity. situation means the restoring of damaged parts or replacing damaged parts, Defenses are generally recognized as exemptions from liability that the law would
replacing incidental items when restoring the component part, or carrying out otherwise impose. By successfully affirming a defense, a person avoids the normal
Estoppel: The doctrine of estoppel has three important elements: maintenance on the complex product. After the scope of repair defense, it has consequences of the applicable liability rule. According to this rule, whether a
Position of authority assumed by the defendant. been defined the spare part dealers can have the confidence of getting to know defense is available or not what matters only is, to the person who raised it and to
Submission to and dependence upon that assumption by the plaintiff how far the repair defence applies in relation to the sale of spare parts. Importers the plaintiff or the prosecutor who initiated legal proceedings against that person.
Injury suffered by the plaintiff as an immediate consequence of such submission and sellers of spare parts in the automotive aftermarket should still be wary,
and dependence." particularly when staff are interacting and making sales with customers. For
Original Equipment Manufacturers, noting what the 'repair defence' entails, you
Unclean Hands: can adjust your design protection strategy accordingly.
Invoked by a court only when a plaintiff otherwise entitled to relief has acted so
improperly with respect to the argument that the public interest in punishing the Relevant cases of defense used in infringement of Intellectual Property laws:
plaintiff counterbalances the need to prevent defendant's illegal conduct. Design Infringement Defense:
Repair defence was tested successfully in GM Technology Operations LLC v SSS
Fair Use/ Collateral Use: Auto parts Pty Ltd (2019) 139 IPR 199. In this case, GM Global Technology
Fair use allows fair comment that incidentally involves use of the mark for a Operations (Holden) sought an injunction against SSS Auto Parts (SSS) for the sale
purpose other than that normally made of a trademark. Most often happens in of spare Holden parts to second hand owners to be used to repair Holden
advertising cases (so long as there are no untrue claims) and parody cases (but it is Commodores. The claim was made on the basis that SSS was importing these parts
not fair use when a claimed parody is used to promote competitive goods or for a purpose other than repair. The Court found that even if there was a dual
services). Collateral use allows the use of goods that bear a pre-existing mark. purpose to a spare part (i.e. for repair and enhancement of a vehicle), this would
not exclude the repair defence.
Essentially, when a party uses a trademarked item as a component of a more
complex product, the doctrine of collateral allows the party to identify the Patent Infringement Defense:
component by its trademarked name without any fear of being liable for Hindusthan Lever Ltd v Godrej Soaps Ltd [1996] AIR Cal 367; Raviraj Gupta v Acme
infringement. This is only true to the extent the party does not deceive the public Glass Mosaic Industries (1994) 56 DLT 673, the Delhi High Court rejected the
into thinking that the product being sold is actually marketed by the trademark application for the grant of ad-interim injunction made by the plaintiff.
owner.
14.Explain the remedies available against infringement of copyright. Civil Remedies for Copyright Infringement against him. The court has the power to direct him to place whole or any part of
his property under the court’s disposal as may be sufficient to satisfy the decree.
The civil remedies for copyright infringement are covered under Section 55 of the This is provided in Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908.
Remedies for Copyright Infringement in India
Copyright Act of 1957. The different civil remedies available are:
There are three types of remedies a person can get for copyright infringement in
India – civil remedies, criminal remedies and administrative remedies. This paper 5) Norwich Pharmacal Order The Norwich Pharmacal Order is usually passed
will be analysing each of them in detail. 1) Interlocutory Injunctions when information needs to be discovered from a third party.
The most important remedy is the grant of an interlocutory injunction. In most
case the application filled is for interlocutory relief and the matter rarely goes
Types of Copyright Infringements Criminal Remedies
beyond the interlocutory stage. There are three requirements for there to be a
Copyright infringement has become a serious issue in the modern world.
grant of interlocutory injunction – Firstly, a prima facie case. Secondly, there
Infringement occurs when a person intentionally or unintentionally copies the Under the Copyright Act, 1957 the following remedies are provided for
needs to be a balance of convenience. Finally, there needs to be an irreparable
work of another creator. Infringement is usually classified into two categories – infringement:
injury.
primary infringement and secondary infringement.
● Imprisonment up to 3 years but, not less than 6 months
2) Pecuniary Remedies
Rights of Copyright Owners ● Fine which may not be less than 50,000 but, may extend up to 2,00,000
Copyright owners can also seek three pecuniary remedies under Section 55 and
It is important to first understand the rights held by a copyright owner before ● Search and seizure of infringing goods
58 of the Copyright Act of 1957. First, an account of profits which lets the owner
tackling the remedies for infringement. Authorized copyright owners have the ● Delivery of infringing goods to the copyright owner
seek the sum of money made equal to the profit made through unlawful conduct.
right to:
Second, compensatory damages which let the copyright owner seek the damages
Fair Dealing under Copyright Law in India
he suffered due to the infringement. Third, conversion damages which are
● Publish the work
assessed according to the value of the article. The defence of fair dealing is an integral part of copyright law. The fair dealing
● Perform the work in public
● Produce the work in a material form defence allowed certain usage of literary works which, would have otherwise
3) Anton Pillar Orders been an infringement of copyrights. The fair dealing defence states that
● Produce, reproduce, perform or publish any translation of the work
The Anton pillar order gets its name from the holding in Anton Pillar AG V. copyrights must not stifle the very creativity that law is meant to foster[1]. It is “a
● Make any adaptation of the work
Manufacturing Processes. The following elements are present in an Anton Pillar key part of the social bargain at the heart of the copyright law, in which as a
● Communicate the work through broadcast, radio or cable
Order – First, an injunction restraining the defendant from destroying or society we concede certain limited individual property rights to ensure the
infringing goods. Second, an order permitting the plaintiff’s lawyer to search the benefits of creativity to a living culture.”
The original creator of the work enjoys a few exclusive rights to:
defendant’s premises and take goods in their safe custody. Third, an order that
● Make copies of the work the defendant be directed to disclose the names and addresses of suppliers and The Indian Copyright Act under Section 52 makes fair dealing a valid defence for
● Make a derivative based on the original consumers. copyright infringement. This defence places the burden of proof on the copyright
● Distribute the work owner to establish infringement. However, the Copyright Act has not defined fair
● Perform the work publicly 4) Mareva Injunction dealing which led the Indian court to rely on the definition of English authorities.
● Display the work in a commercial setting The Mareva injunction comes into play when the court believes that the The court usually relies on the case of Hubbard vs Vosper which held that “It is
● Seek remedies for unauthorized use of the copyright work defendant is trying to delay or obstruct the execution of any decree being passed

impossible to define what is “fair dealing.” It must be a question of degree. You

must consider first the number and extent of the quotations and extracts. Are
they altogether too many and too long to be fair? Then you must consider the use
made of them. If they are used as a basis for comment, criticism or review, that
may be fair dealing. If they are used to convey the same information as the
author, for a rival purpose, that may be unfair. Next, you must consider the
proportions. To take long extracts and attach short comments may be unfair. But,
short extracts and long comments may be fair. Other considerations may also
come to mind. But, after all, whatever said and done, it must be a matter of
impression. As with fair comment in the law of libel, so with fair dealing in the law
of copyright. The tribunal decides on facts of the case. In the present case, there
is material on which the tribunal of fact could find this to be fair dealing.