COPYRIGHT ACT 1957

(AUTHOR)

 Presented To: Presented By:

Dr. Vidya Sekhri Vishal Gupta (BM-09248)
Jishan Sami (BM-09266)
Shalabh Sharma (BM-09284)
Sharad Shukla (Bm-09285)
Siddharth Agarwal (BM-09288)
Intellectual Property
Intellectual Property: Products of
mind.

Intellectual Property

Industrial Property
Copyright (Patents, Trademark
Trade Secrets, etc)
 INDIAN COPYRIGHT ACT 1957
Meaning of copyright:
For the purposes of this Act, "copyright" means
the exclusive right, by virtue of and subject to
the provisions of, this Act,:
In the case of a literary, dramatic or musical
work, to do and authorize the doing of any of
the following acts, namely:-
(i) to reproduce the work in any material form;
(ii) to publish the work;
(iii) to perform the work in public;
 CONT…..
 (iv) to make any cinematograph film or sound
recording in respect of the work;

 (v) to make any translation of the work;

 (vi) to make any adaptation of the work;

 (vii) to do, in relation to a translation or an

adaptation of the work, any of the acts specified
in relation to the work.
Basic Principles
• No copyright on ideas
– Only to the ‘form’ in which ideas are
expressed
– Not concerned with novelty of ideas.
• Fixation: Copyright exists in a work only when it is
represented in a material form
– No copyright in a live event: only when it is
fixed on a material form, it becomes entitled to
copyright
• Right accrues on creation of the work: No
formalities required
• Registration is optional.
Conditions of copyright under
Copyright Act 1957 (Sec 13)
• By virtue of author
– If the author is a citizen of India or is domiciled in India
– In the case of work of architecture, if it is located in India
• By virtue of publication
– If the work is first published in India,
– Or where the work is published outside India, the author is
a citizen of India at the date of publication, or if the author
is dead, a citizen at the time of death
• In the case of joint works the conditions must be
satisfied by all authors
 IN TERMS OF AUTHOR
( sec 2(d))
 In relation to literary or dramatic work, the author of
the work
 In relation to a musical work, the composer
 In relation to an artistic work other than a
photograph, the artist
 In relation to a photograph, the person
taking the photograph
 In relation to a record, the owner of the
original plate from which the record is made, at the
time of the making of the plate
IN TERMS OF PUBLICATION
(Sec 3)
 For the purposes of this Act, "publication"
means,
 (a) In the case of a literary, dramatic, musical
or artistic work, the issue of copies of the
work to the public in sufficient quantities
 (b) In the case of a cinematograph film, the
sale or hire or offer for sale or hire of the film
or copies thereof to the public
 (c) In the case of a record, the issue of
records to the public in sufficient quantities
 COPY RIGHT BOARD
(Sec 11)
 As soon as may be after the commencement of
this Act,
(1) The Central Government shall constitute a Board
to be called the Copyright Board which shall
consist of a Chairman and not less than two nor
more than eight other members.

• (2) The Chairman and other members of the

Copyright Board shall hold office for such period
and on such terms and conditions as may be
prescribed
 (3) The Chairman of the Copyright Board
shall be a person who is, or has been, a
Judge of the Supreme Court or a High
Court or is qualified for appointment as a
Judge of a High Court.

 (4) The Registrar of Copyrights shall be

the Secretary of the Copyright Board and
shall perform such functions as may be
prescribed.
 LICENSE
 30. Licenses by owners of copyright.

 31.Compulsory license in work withheld from public

 32.License to publish and produce translation.

 32A:License to reproduce and publish work for certain

purposes.

 32B: Termination of licenses issues under this chapter

 REGISTRATION OF
COPYRIGHT
44.Register of Copyrights

45.Entries in register of copyright

46.Indexes

47. Form and inspection of register

48.Register of copyright to be prima facie evidence of

particular therein
 REGISTRATION OF
COPYRIGHT CONTD..

 49. Correction of entries in copyright

registers.

 50.Rectification of register by copyright board.

 Term of Copyright (Section 22):

⩊ Term of copyright in published literary:

Except as otherwise hereinafter provided,

copyright shall subsist in any literary, dramatic,
published within the lifetime of the author until
60[sixty] years from the beginning of the
calendar year next following the year in which
the author dies.
• Ownership of Copyright and the Rights of
the Owner (section 17):

• First owner of copyright.- Subject to the

provisions of this Act, the author of a work shall
be the first owner of the copyright therein
• Provided that-
 In the absence of any agreement to the
contrary,
• author will be the first owner of the copyright in
the work in so far as the copyright relates to the
publication of the work in any newspaper,
magazine or similar periodical.
 Copyright Infringement
(Sec 51)

Copyright infringement (or copyright violation) is the

unauthorized use of material that is covered by copyright
law, in a manner that violates one of the copyright owner's
exclusive rights, such as the right to reproduce or perform
the copyrighted work, or to make derivative works.
 Remedies of Infringement
CIVIL REMEDIES(Sec 55) include injunction,
damages or account of profits, delivery-up of
infringing copies & damages for conversion.
CRIMINAL REMEDIES grant imprisonment which
may extend from a minimum period of 6 months to a
maximum of 3 years with a fine of around Rs.
50,000/- to 200 lakhs, & seizure of infringing copies
& delivery-up of infringing copies to the owner of the
copyright.
 Remedies cont.

ADMINISTRATIVE REMEDIES consist of moving the

Registrar of copyright to ban the use of copies in the
country and also the import of infringing copies into India
& delivery-up of the infringing copies confiscated to the
owner of the copyright.
 CASE

Vyas Publication Vs U.P. Govtt.(1969)

Allahabad High Court
Thank You