2.

2 Copyrights and Related Rights

‗Copyrights‘ refer to the legal rights provided by law to the

original creator of the work in the fields of literature and computer
software. The ‗Related Rights‘ encompass the author‘s work in the
fields of dramatics, sound recording, film/video recordings,
paintings, architecture, etc. Copyrights and Related Rights are one
of the categories of IP and governed by the Copyright Act, 1957 of
India. This Act provides rights of reproduction, communication to
the masses, adaptation and translation of the work.
The words ‗author‘ and ‗work‘ need to be understood from the
perspective of Copyrights. The term ‘author’ refers to an individual
who develops the content (of work). The author can be a writer
(literary work), computer programmer (software), composer
(musical work), producer (cinema films, sound recording),
photographer (photos). The term ‘work’ is a task undertaken in the
fields of literature, dramas, music, artistic, cinematograph film and
sound recording.
2.2.1. Classes of Copyrights
In India, following classes of Copyrights exist:
 Literature: Books, Essays, Research articles, Oral speeches,
Lectures, Compilations, Computer programme, Software,
Databases.
 Dramatics: Screenplays, Dramas.
 Sound Recordings: Recording of sounds regardless of the
medium on which such recording is made e.g. a Phonogram and
a CD-ROM.
 Artistic: Drawing, Painting, Logo, Map, Chart, Photographs,
Work of Architecture, Engravings, and Craftsmanship.
 Musical: Musical notations, excluding any words or any action
intended to be sung, spoken or performed with the music. A
musical work need not be written down to enjoy Copyright
protection.
 Cinematograph Films: ‗Cinematograph Film‘ is a visual
recording performed by any medium, formed through a process

45
 and includes a sound recording. For example, Motion Pictures,
TV Programmes, Visual Recording, Sound Recording, etc.
2.2.2. Criteria for Copyright
To qualify for Copyright protection, a work must exist in some
physical (or tangible) form. The duration of the existence of the
physical form may vary from a very short period to many years.
Virtually any form of expression which can be viewed or listened to
is eligible to qualify as Copyright. Even hurriedly scribbled notes
for an impromptu speech are considered copyrightable material.
The Copyright work has to be expressed by the creator in his
frame of thought. In other words, the work has to be original i.e. the
author created it from independent thinking void of duplication.
This type of work is termed as an Original Work of Authorship
(OWA). It may appear similar to already existing works but should
not be the same. The original work may lack quality or quantity or
aesthetic merit or all these parameters; still, it will pass the test of
copyrightable work.
In addition to originality for the work, Copyright protection also
requires at least some creative effort on the part of the author.
There is no minimum limit for the extent of creativeness. It is a
subjective matter. The minimal level of creativity needed for
Copyright protection depends on the judgment of the evaluator
(adjudicated by the Office of Registrar of Copyright). As an
example, mere changing the dimensions of a book will not be
granted Copyright protection. Similarly, an address book of
alphabetically arranged telephone numbers does not qualify for
Copyright protection as it involves a straightforward alphabetical
listing of phone numbers rather than a creative selection of listings.
2.2.3. Ownership of Copyright
The Copyright laws clearly state the ownership of Copyright.
 The person who created the work is considered as the first
(original) holder (owner) of the Copyright.
 In case the author is an employee and has been contracted to do
the work by a proprietor (of the company/firm/society
/organization, etc.), the owner of the Copyright shall be the
proprietor.
46
 The government will be the primary owner of the government
work in the absence of any kind of arrangement.
 The person delivering a speech is the first owner of the
Copyright.
To obtain permission to use copyrighted material, a request for
the same should be made to the legal owner (of the copyrighted
material), which could be the original author, the legal heir (in case
of the death of the author), publisher, etc. The request must mention
the following:
 Title, author and/or editor, and edition.
 Precise material to be used.
 The number of copies.
 The purpose of the material e.g. educational, research, etc.
 Form of distribution e.g. hard copy to classroom, posted on the
internet.
 Whether the material is to be sold e.g. as part of a course pack.
2.2.4. Copyrights of the Author
The Copyrights of the creator/author are legally protected under
Section 14 of the Copyright Act, 1957. The content (i.e. work)
created by the author cannot be used or published by anyone
without the author‘s consent. Copyrights provide exclusive rights to
the author in the areas of publication, distribution, and usage. A
Copyright owner enjoys two types of rights i.e. Economic Rights
(or Proprietary Rights) and Moral Rights (or Personal Rights).
Economic Rights are associated with financial benefits accruing
from the sale of copyrights. As per the Act, Copyright owners can
authorize or prohibit:
 Reproduction of the work in any form, including printed
publications or sound recordings.
 Distribution of copies of the work.
 Public performance of the work.
 Broadcasting/communicating the work to the public.

47
 Translating the work into other languages.
 Adaptation of the work, such as converting a novel into a
screenplay.
Moral Rights include ‗Right of Paternity‘ and ‗Right of Integrity‘.
The ‗Right of Paternity‘ - even if the Copyright has been licensed to
another party, the original author of the work retains the right to
claim authorship i.e. the name of the author/s will remain even
though Copyrights have been transferred to another party e.g. a
book publisher. The ‗Right of Integrity‘- the original author has the
right to prevent misuse of the work e.g. alterations/additions/
deletions in work resulting in misrepresentation of the said work or
harming the honor and reputation of the author.
It is pertinent to mention that for a work, there can be more than
one rights holders, for instance, a musical sound recording has many
rights holders, such as the lyricist, music composer, singer,
musicians and sound recorders.
2.2.5. Copyright Infringements
As per the Copyrights Acts, 1957, the following acts are
regarded as an infringement of Copyrights:
 Making copies for sale or hire or selling or letting them for hire
without permission.
 Permitting any place for the performance of owned work (in
public) where such performance constitutes an infringement of
Copyright.
 Distributing infringing copies for trade or to such an extent to
affect the interest of the owner of the Copyright prejudicially.
 Public exhibition of infringing copies for trade purposes.
 Importation of infringing copies.
 Translating a work without the permission of the owner.
2.2.6. Liability of Owner of an Auditorium/Hall
The owner of an auditorium/hall is liable for punishment if he
knowingly allows his premises to be used for communication of
illegal copyright material (songs, music, dramas, etc.) to the public.

48
 If a person permits for profit any place to be used for
communicating the work to the public, where such communication
establishes an infringement of the Copyright unless he was not
aware of and had no reasonable ground for believing that such
communication to the public would be an infringement of Copyright,
he will be deemed to have committed an offence under the Copyright
Act.
2.2.7. Copyright Infringement is a Criminal Offence
According to Section 63 of the Copyright Act, 1957, if any
person knowingly infringes the Copyright, he qualifies for the
criminal offence. The punishment awarded for the infringement (of
Copyright) is imprisonment for six months with the minimum fine
of ₹ 50,000/-. In case of a second and subsequent conviction, the
minimum punishment is imprisonment for one year and a fine of
₹ 1,00,000. There is a dedicated IP division to deal with Copyright
cases. Also, there is a Copyright Board constituted by the Central
Government in 1958 to adjudicate certain claims about Copyright.
2.2.8. Copyright Infringement is a Cognizable Offence
A police officer (rank of a sub-inspector or higher) can
confiscate the infringed Copyright material without issuing a
warrant and produce the same in the court of law.
2.2.9. Fair Use Doctrine
Any person not possessing a valid license from the owner of the
Copyright is not entitled to exploit the said work. However, Section
52 of the Copyright Act, 1957, provides for certain exceptions to the
infringement of Copyright. As per the rule of law, Copyrighted
materials cannot be used by anybody without the proper consent of
the legal owners (of the Copyright).
However, limited use of Copyrighted materials for teaching and
research purposes is legally permitted, under ‗The Fair Use
Doctrine‘, which comprises of the four-part test:
 The character of the use - use of the work is purely
educational, non-profit and personal.
 Nature of the work - The use of work is factual in nature and
not imaginative.

49
 Amount of the portion to be used - permission is not needed if
only a small portion of Copyright protected material is to be
used. However, this parameter is debatable now.
 Impact of use on the value of the Copyrighted material - If a
small portion of the work is copied and is not affecting the
author‘s economic and moral rights, it will be excused from the
infringement.
Detailed information on the examples of the Fair Use Doctrine can
be accessed from the official website (http://copyright.gov.in/
exceptions.aspx). A few examples are listed below:
 If the Copyrighted work is used for personal use i.e. studies or
research.
 Quotation mentioned in the Copyrighted work.
 Reporting of current events in the media, such as newspapers,
magazines or radios/television.
 Reproduction of the work by teachers or scientific researchers.
 Performance is free of charge by government officials in the
performance of their duties e.g. reproduction of any work for a
judicial proceeding or a report of a judicial proceeding.
 Use of any work prepared by the Secretariat of a Legislature.
 Use of the work in a certified copy made or supplied in
accordance with any law for the time being in force.
 Making three or less than three copies of a book (including a
pamphlet, sheet of music, map, chart or plan).
 Bonafide religious ceremony, including a marriage function.
2.2.10. Copyrights and Internet
The twenty-first century is an era of digitization. The
Copyrighted data is quickly transmitted via the internet. This
method of data transmission has brought amendments to the existing
Copyright laws. One should be careful of Copyright/fair use
principles when downloading material from the internet. There is
growing concern about the ability to pull Copyrighted material from
the internet without permission. Note that material may have been
placed on the internet without the author‘s permission.

50
 In general, posting material on the internet by the Copyright
owner gives an internet user the right to use that material for his
personal use, but he cannot use the work for commercial purposes.
Electronic distribution of a Copyrighted work should mention the
statement that ―This work is protected by Copyright laws and is
provided for educational instruction only. Any infringing use may
be subject to disciplinary action and/or civil or criminal liability as
provided by law”.
As per Section 2(o) of the Copyright Act, 1957, ‗Literary Work‘
includes computer programmes, tables and compilations, including
computer databases. It is mandatory to supply ‗Source Code‘ and
‗Object Code‘ along with the application for registration of
Copyright.
2.2.11. Non-Copyright Work
The works not under the jurisdiction of Copyrights are as follows:
 The ideas, concepts, and principles themselves cannot be
protected under Copyright, only the form in which they are
expressed can be copyrighted.
 Facts, such as scientific or historical discoveries, are not
copyright protected. Any fact a person discovers in the course of
research cannot be Copyright protected. For example, an author
of a book on ‗Buddhism‘ takes ten-fifteen years to gather all the
necessary materials and information for his work. At a great
expense, the author travels to various museums, libraries and
excavations sites. However, after the book is published, anyone
is free to use the underlying facts, provided they express the
information on their own.
 Copyright does not protect titles, names, slogans, short phrases,
short word combinations, methods, or factual information.
 Certificates are not considered as Copyrightable subject matter
as there is not much scope for creativity.
 Digitally created works and Copyrighted works transformed
into a digital format and placed on the internet are Copyright
protected.
 The Copyright registration for a website, as a whole, is not
possible. However, different components/rudiments of a website
51
 can be granted Copyright registration e.g. computer
programmes/software, compilations including computer
databases (‗literary works‘); photographs, paintings, diagram,
map, chart or plan (‗artistic works‘); and works consisting of
music including graphical notation of such work (‗musical
works‘). However, a separate application for each component of
work has to be filed for seeking Copyright registration.
 A computer or mobile App qualifies for Copyright registration.
An Application is a complete, self-contained computer program
that is designed to perform a specific task. An App usually has
dynamic content and is designed for user interaction. It may be
used directly or indirectly in a computer or handheld electronic
device.
 If someone swipes your picture/song/video from the internet
and uses it for their purposes, it is a Copyright infringement. By
the way - the same is true if you nick some else‘s material for
your purposes.
2.2.12. Copyright Registration
It is not necessary to register a work to claim Copyright. Once a
work is created via any medium, the work receives automatic
Copyright safety. In other words, there is no formal request to be
submitted to the office of the Copyright, for acquiring Copyright.
Copyright registration does not confer any rights. It is merely a
prima facie proof of an entry in respect of the work in the Copyright
register maintained by the Registrar of Copyrights. The certificate of
registration serves as prima facie evidence in a court in cases of
disputes relating to ownership or creation of Copyright, financial
matters, transfer of rights, etc. It is advisable that the author of the
work registers for Copyright for better legal protection. In India,
Copyrights matters, including Copyright registration, are
administered under the Copyright Act, 1957 and Copyrights Rule,
2013. Below mentioned are prominent forms for copyright
registration (https://copyright.gov.in/).

52
 FORM – XIV
Application for Registration of Copyright

To

The Registrar of Copyrights,

Copyright Office,
BoudhikSampada Bhawan, Plot No. 32,
Sector 14, Dwarka, New Delhi-110078
Phone: 011-28032496

Sir,

In accordance with section 45 of the Copyright Act, 1957 (14 of 1957), I hereby
apply for registration of Copyright and request that entries may be made in the
Register of Copyrights as in the enclosed statement of Particulars‘ sent
herewith.
I also send herewith duly completed the statement of further particulars relating
to the work.
In accordance with rule 70 of the Copyright Rules, 2012, I have sent by pre-paid
registered post copies of this letter and of the enclosed statement(s) to the other
parties concerned, as shown below:

Names and addresses of the parties Date of Dispatch

1 2

The prescribed fee has been paid, as per details below:

Communications on this subject may be addressed to:
I hereby declare that to the best of my knowledge and belief, no person, other
than to whom a notice has been sent as per paragraph 2 above has any claim or
interest or dispute to my Copyright of this work or to its use by me.
I hereby verify that the particulars given in this Form and the Statement of
Particulars and
Statement of Further Particulars are true to the best of my knowledge, belief and
information and nothing has been concealed therefrom.
List of enclosures:

Yours faithfully

(Signature of the Applicant)

Place: ………………….
Date: ……………………
Source: https://copyright.gov.in/frmDownloadPage.aspx

53
 STATEMENT OF PARTICULARS
S.No. Attributes Details
1. Registration number (To be filled in the Copyright
Office)
2. Name, phone, email, address and nationality of the
applicant
3. Nature of the applicant‘s interest in the Copyright
of the work
4. Class and description of the work
5. Title of the work
6. Language of the work
7. Name, address and nationality of the author and, if
the author is deceased, the date of his decease
8. Whether work is published or unpublished
9. Year and country of first publication and name,
address and nationality of the publishers
10. Years and countries of subsequent publications, if
any, and names, addresses and nationalities of the
publisher
11. Names, address and nationalities of the owners of
the various rights comprising the Copyright in the
work and the extent of rights held by each, together
with particulars of assignment and licenses, if any
12. Names, addresses and nationalities of other
persons, if any, authorized to assign or license the
rights comprising the Copyright
13. If the work is an ―artistic work‖, the location of the
original work, including name, address and
nationality of the person in possession of the work.
(In the case of an architectural work, the year of
completion of the work should also be shown)
14. If the work is an ‗artistic work‘ which is used or is
capable of being used in relation to any goods or
services, the application shall include a certificate
from the Registrar of Trade Marks in terms of the
proviso to sub-section (1) of section 45 of the
Copyright Act, 1957.]

54
 15. If the work is an ―artistic work‖ whether it is
registered under the Designs Act 2000. If yes give
details.
16. If the work is an ―artistic work‖ capable of being
registered as a design under the Designs Act 2000,
whether it has been applied to an article though an
industrial process and , if yes, the number of times
it is reproduced.
17. Remarks, if any
Place:(Signature of the Applicant)
Date:
Source: https://copyright.gov.in/frmDownloadPage.aspx

55
 STATEMENT OF FURTHER PARTICULARS
(For Literary, including Software, Dramatic, Musical and Artistic
Works only)

S.No. Attributes Details

1. Is the work to be registered
a) An original work?
b) Translation of a work in the public domain?
c) A translation of a work in which Copyright
subsists?
d) An adaptation of a work in the public domain?
e) An adaptation of a work in which Copyright
subsists?

2. If the work is a translation or adaptation of a work in

which Copyright subsists:
a) Title of the original work.
b) Language of the original work.
c) Name, address and nationality of the author of
the original work and, if the author is deceased,
the date of his decease.
d) Name, address and nationality of the publisher,
if any, of the original work.
e) Particulars of the authorization for a translation
or adaptation including the name, address and
nationality of the party authorizing.
3. Remarks, if any.
Place: (Signature of the Applicant)

Date:
Source: https://copyright.gov.in/frmDownloadPage.aspx

56
2.2.13. Judicial Powers of the Registrar of Copyrights
The Registrar of Copyrights has the powers of a civil court
when trying a suit under the Code of Civil Procedure in respect of
the following matters:
 Summoning and enforcing the attendance of any person and
examining him on oath.
 Requiring the discovery and production of any document.
 Receiving evidence on affidavit.
 Issuing commissions for the examination of witnesses or
documents.
 Requisitioning any public record or copy thereof from any court
or office.
 Any other matters which may be prescribed.
A duly filled application (Form XIV) is submitted to the
Copyright Office at the following address: The Registrar of
Copyright, Plot no. 32, Boudhik Sampada Bhawan, Sector 14,
Dwarka, New Delhi - 110075. The application can be submitted by
post or online registration through the ‗E-filing facility‘
(www.copyright.gov.in). Any person who is either an author of the
work or assignee of the concerned work can file an application for
Copyright.
Usually, it takes around 2-3 months to get the work registered
by the Copyright Office. After applying, there is a mandatory
waiting period of 30 days. If any person has any objection to the
claim/s made in the application, he can contact the office of the
Registrar of Copyrights. After giving an opportunity of hearing to
both the parties, the Registrar may decide the case in favour or
against the author of the work. Once the objections (if any) are
cleared, the application is evaluated by the examiners. If any
doubts/queries are raised, the applicant is given ample time (around
45 days) to clear these objections. The elements included in
Copyright filing to grant are depicted below in the flow chart:

57
Figure 2.6: Flow chart for the process of Copyright registration.

Source: https://copyright.gov.in/frmWorkFlow.aspx (slightly modified)

58
 Table 2.5: Important forms pertaining to Copyrights.

S. No. Name of Form Form No.

Application form for registration of
1. Form-XIV
Copyright
Application form for registration of
2. Form-XV
changes in particulars of Copyright
3. Registration of a Copyright Society Form-VIII
Application form for the relinquishment
4. Form-I
of Copyright
Source: http://Copyright.gov.in/frmformsDownload.aspx

2.2.14. Fee Structure

For each work, a separate application form needs to be
submitted, along with the requisite fee. The fee is not reimbursable
in case the application for registration is rejected.
Table 2.6: Fee structure for Copyrights.
Attribute Fee (₹ )
For an application for registration or Copyright 500/- per
Literary, Dramatic, Musical or Artistic work work
For an application for registration of Copyright in
5,000/-
a Cinematograph Film
For an application for registration of Copyright in
2,000/-
a Sound Recording
Provided that in respect of a Literary or Artistic
work which is used or is capable of being used in 2,000/-
relation to any goods or services
Making any change in Literary, Dramatic,
200/-
Musical or Artistic work
Provided that in respect of a Literary or Artistic
work which is used or is capable of being used in 1,000/-
relation to any goods or services

59
 For an application for registration of change in
particulars of Copyright entered in the Register 2,000/-
of Copyrights in respect of Cinematograph Film
For an application for registration of changes in
particulars of Copyright entered in the Register 1,000/-
of Copyrights in respect of Sound Recording

For an application for prevention of importation

of infringing copies per place of entry 1,200/-

Source: http://Copyright.gov.in/frmFeeDetailsShow.aspx

2.2.15. Copyright Symbol

It is not necessary to place the Copyright symbol © with your
name and ‗year created‘ near your published or printed materials -
but if you do, it‘s easier to nail someone for infringement on your
Copyright if you go to court. The important things which may be
mentioned as a Copyright mark on Copyright creation are:
 The Copyright symbol © (the letter C in a circle), or the word.
‗Copyright‘, or the abbreviation ‗Copr.‘
 In the case of compilations or derivative works incorporating
previously published material, the year with the date of the first
publication of the compilation or derivative work should be
mentioned. The year date may be omitted for pictorial, graphic,
sculptural work, greeting cards, postcards, stationery, jewellery,
dolls and toys.
 The name or the abbreviation by which the name can be
recognized of the owner of the Copyright, or a generally known
alternative designation of the owner can be mentioned.
 The elements for sound recordings generally require the same
three elements, except the symbol is ℗ (the letter P in a circle)
instead.
2.2.16. Validity of Copyright
In general, the validity of Copyright is for 60 years. This period
starts either from the year after the death of the author (in case of

60
literature, dramatic, musical and artistic works) or from the date of
publication of the work (in case of cinematograph films, sound
recordings, photographs, posthumous publications, works of
government and works of international organisations).
2.2.17. Copyright Profile of India
A comparative five years (2015-20) study revealed a gradual
increase in the number Copyright applications in the first four years
of the study, with a maximum number of applications (21,905)
recorded in the 2019-20 period (Fig. 2.7). The number of
applications examined was maximum (34,388) in 2017-18.
However, it tapered down to 22,658 in 2018-19 and 19,460 in 2019-
20. A similar trend was observed in the number of Copyright
registrations, with a peak (19,997) observed in 2017-18.

Figure 2.7: Copyrights profile (India) for the period 2015-20.

Source: Annual Reports, Office of CGPDTM, Mumbai (2011-20)

(https://dipp.gov.in/sites/default/files/annualReport-English2020-21.pdf)

2.2.18. Copyright and the word ‘Publish’

A work is considered published when it is in the public domain
on an unrestricted basis. For example, a person writes an article
called ‗Life in Himalayas‘ and distributes it to a few individuals
and/or societies/organizations with a restriction not to disclose the
contents of the article. ‗Life in Himalayas‘ has not been ―published‖

61
in the Copyright sense. If the author removes the condition of non-
disclosure or posts of this article on the internet (i.e. public domain),
it would be considered as published. It is to be noted that both
published and unpublished works can be registered under
Copyright.
2.2.19. Transfer of Copyrights to a Publisher
The original authors of the Copyrighted work may not have the
wherewithal to widely publicise their work. Usually, they transfer
their rights to publishers for financial benefits, which could be a
one-time lump sum amount or royalties or a combination of the two.
However, transferring Copyrights unconditionally to the publishers
(or anybody else) may have some repercussions for the owner of the
Copyright. A publisher may prevent author/s from displaying their
articles on the institute‘s websites. The new owner of Copyright
may not even allow the author to revise his work. In other instances,
a publisher might print an insufficient number of hard copies and
also does not show interest in uploading the soft copy of the work
on the internet. Hence, one must be careful in signing an agreement
with the publishers. The author may not transfer all the legal rights
bestowed upon him as an author. An agreement may be signed
permitting only the print and sale of hard copies by the publishers
while retaining digital rights for the said work. An author may also
put a time limit for the printing and sale of the books/articles, etc.
Before the digital era, authors used to rely completely on
publishers for the dissemination of their work. However, in the
internet era, the dependency on publishers has almost diminished.
The author is in a position to bypass the publishers and bring his
work in to the public domain. But this freedom cannot be enjoyed
by those who are already under the publishing contract.
Even though the author has completely and exclusively licensed
out his work, the Copyright Act has a provision under ‘termination
of transfer’ to reclaim his Copyright. Under this provision, certain
Copyright agreements can be terminated after 35 years of the
agreement. This statutory termination right applies even though it is
not incorporated in the agreement. It is strongly advised that authors
must apply their mind while signing the Copyright agreement.

62
2.2.20. Copyrights and the Word ‘Adaptation’
In the world of Copyright, the word ‗Adaptation‘ signifies the
creation of a similar work based upon contemporary work. The
Copyright Act defines the following actions as adaptations:
a) Transformation of a dramatic work into a non-dramatic work.
b) Changing a literary or artistic work into a drama.
c) Re-arrangement of a literary or dramatic work.
d) Depiction through pictures of a literary or dramatic work.
e) The making of a cinematograph film of a literary or dramatic or
musical work.
2.2.21. Copyrights and the Word ‘Indian Work’
‗Indian work‘ means a literary, dramatic or musical work provided
 The author of the work is an Indian citizen.
 The work is first published in India.
 In the case of an unpublished work, at the time of the making of
the work, the author of the work was a citizen of India.
2.2.22. Joint Authorship
‘Work of Joint Authorship‘ means a work produced by the
collaboration of two or more authors in which the contribution of
one author is not distinct from the contribution of the other author or
authors.
2.2.23. Copyright Society
Many a time, authors and other owners of Copyrights are either
unable or lose track of all the uses of their work, including the
collection of royalties, infringement issues, etc. To overcome these
hurdles, Copyright Societies have cropped up. As per Section 33 of
the Copyright Act, 1957, a Copyright Society is a registered
collective administration society formed by authors and other
owners of the Copyright. Society can perform the following
functions:
 Keep track of all the rights and infringements related to their
clients.

63
 Issue licences in respect of the rights administered by the
society.
 Collect fees in pursuance of such licences.
 Distribute such fees among owners of Copyright after making
deductions for the administrative expenses.
A Copyright Society can be formed by a group of seven or more
copyright holders. The term of registration of a Copyright Society is
for five years. The registered Copyright Societies in India are:
 Society for Copyright Regulation of Indian Producers for Film
and Television (SCRIPT) 135 Continental Building, Dr. A.B.
Road, Worli, Mumbai 400 018, (for cinematograph and
television films).
 The Indian Performing Right Society Limited (IPRSL), 208,
Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri
(W), Mumbai- 400 058 (for musical works).
 Phonographic Performance Limited (PPL) Flame Proof
Equipment Building, B.39, Off New Link Road, Andheri
(West), Mumbai 400 053 (for sound recordings).
2.2.24. Copyright Board
The Copyright Board is a regulatory body constituted by the
government, to perform judicial functions as per the Copyright Act
of India. The Board comprises of a Chairman and members (2-14)
to arbitrate on Copyright cases. The Chairman of the Board is of the
level of a judge of a High Court. As per the Act, the Board has the
power to:
 Hear appeals against the orders of the Registrar of Copyrights.
 Hear applications for rectification of entries in the Register of
Copyrights.
 Adjudicate upon disputes on the assignment of Copyrights.
 Grant compulsory licences to publish or republish works (in
certain circumstances).
 Grant compulsory licence to produce and publish a translation of
a literary or dramatic work in any language after seven years
from the first publication of the work.

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 Hear and decide disputes as to whether a work has been
published or about the date of publication or the term of
Copyright of a work in another country.
 Fix rates of royalties in respect of sound recordings under the
cover-version provision.
 Fix the resale share right in original copies of a painting, a
sculpture or a drawing and original manuscripts of a literary or
dramatic or musical work.
2.2.25. Copyright Enforcement Advisory Council (CEAC)
In 1991, the Government set up a CEAC to review the progress
of enforcement of the Copyright Act periodically and advise the
Government regarding measures for improving the enforcement of
the Act. The term of the CEAC is three years. The CEAC is
reconstituted periodically after the expiry of the term.
2.2.26. International Copyright Agreements, Conventions and
Treaties
Any creative work is not protected and enforced automatically
worldwide because Copyright laws are territorial by nature i.e.
Laws are valid only in the country in which they have been created.
To secure protection to Indian works in foreign countries, the author
needs to apply separately to each country or through dedicated
international ‗Conventions on Copyright and Neighbouring (related)
Rights‘, provided a country is a member of such Conventions. India
is a member of the following Conventions:
 Berne Convention for the Protection of Literary and Artistic
Works, 1886. (https://www.wipo.int/treaties/en/ip/berne/).
 Universal Copyright Convention, 1952.
(http://www.unesco.org/new/en/culture/themes/creativity/creati
ve-industries/copyright/universal-copyright-convention/).
 Rome Convention for the Protection of Performers, Producers
of Phonograms and Broadcasting Organizations, 1961.
(https://www.wipo.int/treaties/en/ip/rome/).
 Multilateral Convention for the Avoidance of Double Taxation
of Copyright Royalties, 1979.
(https://treaties.un.org/doc/Treaties/1979/12/19791213%2009-
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 00%20AM/Ch_XXVIII_01_ap.pdf).
 Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Agreement, 1995.
(https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm).
In India, Copyrights of foreign authors, whose countries are
members of the Berne Convention for the Protection of Literary and
Artistic Works (1888), Universal Copyright Convention (1952) and
the TRIPS Agreement (1995) are protected through the International
Copyright Order.
2.2.27. Interesting Copyrights Cases
David vs. Macaques, Indonesia, 2011 - In 2011, a UK-based
photographer David Slater put his camera on a tripod in the wildlife
sanctuary to click the photograph of Macaques monkeys. The
Macaques were very curious about the equipment and they found
the flashlight fascinating. One monkey clicked a selfie photograph
which became very famous and legally controversial on the matter
of Copyright. Theoretically, the monkey is the holder of Copyright
as he clicked the photo. Practically, David Slater was the claimant
of the Copyright. The dispute entered judicial quarters between
People for the Ethical Treatment of Animals (PETA) and David
Slater. Now, the settlement has been concluded. The photographer
i.e. David Slater withholds the Copyright of the picture for having a
substantial contribution, but he would pay 25% of the royalty share
to the wildlife sanctuary where the monkey lives (https://www.
wipo.int/ wipo_magazine/en/2018/01/article_0007.html).
‘Happy birthday to you’ case law - According to the Guinness
World Records, 1998, it is the most recognized song in the English
language. The melody of ‗Happy Birthday to You‘ originates from
the song ‗Good Morning to All‘, which has traditionally been
attributed to American Sisters, namely Patty Smith Hill and Mildred
J. Hill, in 1893. The sisters composed the melody of ‗Good Morning
to All‘ to make it more interesting for the children. In 1935, Summy
Company registered the Copyright on the Piano Setting on the Song.
In 1999 Warner/Chappell acquired the company and started taking
royalty for the happy birthday song and earned a huge amount.
After mediation by the Federal court, Warner Music, through its
publishing subsidiary Warner/Chappell, agreed to pay the settlement

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to a class of ‗thousands of people and entities‘ who had paid licensing
fees to use the song since 1949 because only the melody was registered
and not the lyrics. Now the song is in the public domain.
Amitabh Bachchan to lose Copyrights over his father’s works in
2063 - Father of renowned actor Mr. Amitabh Bachchan, (late)
Shree Harivansh Rai Bachchan was a noted poet and Hindi writer.
His most famous work was Madhushaala (1935). He was the
recipient of the Sahitya Akademi award and the Padma Bhushan. He
also did Hindi translations of Shakespeare‘s Macbeth and Othello.
He passed away on 18th January 2003, at the age of 95. As per the
Copyright Act, 1957, the rights over his work will be completed in
the year 2063 (rights remain with the author for his lifetime plus 60
years).

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