THE COPYRIGHT ACT

195
what is
Copyright?
 its an exclusive right of the copyright
holder.
 its a right to copy or reproduce the
work for which the author has got
the copyright.
 its a right to do or authorizing
others to do certain acts .
 its a product of human skill & his
mentalcapacity to do something
creative.
Subject matter of the
copyright?
 1.cinematography
 2.artistic works
 3.dramatic works
 4.musical works
 5.literary
 6.sound recording
 7.computer
programs .etc
Introducti
on
 British period
In India its was during the East India
Company the first Copyright act was
introduced in the year 1847.
Again in the year 1911 an Copyright
Act was passed in England based on
which Indian copyright act 1914 was
passed.
-
 After Independence
soon after independence Indian
government passed the Copyright act
in the year 1957 . subsequently this
act was amended many times due the
influence of many international
treaties for which India was a signatory
.
The treaties which has influenced the
change in the above act is :
1.The Berne convention 1886.
2.The Universal Copyrights convention
1940 . 3.The WIPO Copyright
-
 Copyright :
copyright has its origin in the 20th
century . copyright is a form of
intellectual property, which deals
with protecting the rights of a
copyright holder.
just like other intellectual properties
even copyright can be sold,mortgaged,
leased etc .
Nature of
Copyright ?
 it creates "Right in Rem".
 its a form of "Incorporeal property".
 infringement of copyright is a actionable
wrong
.
 copyright is both a positive and a
negative right.
LAW RELATING TO
COPYRIGHT
 Copyright is a bundle of rights given by
the law to creators of literacy, dramatic,
musical and artistic works and
producers of Cinematograph films and
sound recordings.
 Law relating to Copyright is contained in
the Copyright Act, 1957.
 It extends to whole India and came into
force on 21-01-1958.
Objectives of copyright
act ?
 its main objective is to encourage the
authors,music composers ,singers to create
their original piece of works by granting
them exclusive rights .
 to stop the misuse of copyrights .
 its helps in protecting the rights of the
person who holds the copyright.
 the copyright holder is give both the civil
remedies and the criminal remedies in
case of infringement
.
 further it provides methods of acquiring
the copyrights. the copyright protection is
given for a longer period of time .
Who is an
author?
 literary and dramatic work ------- author
of the work .
 artistic works -------- the artist
 musical work --------- the composer
 photography ---------- the photographer
 cinematography -------- the producer
 computer program ------- the
programmer.
Advantages of copyright
registration ?
 the certificate copy of
registration ,which is acts an
evidence of the authorship
 its helps the author to take
immediate legal action against the
infringement
 the registration certificate is useful to
author and his successors to establish
their title in the case of dispute
 it helps to prove the copyright in the
foreign countries .
-
 it is help full for the government in
levying and collecting royalty and pay
the same to the copyright holder.
 prior registration helps in
determination of licencing.
 it helps to prove the copyright in the
foreign countries .
Artistic work
means
 any panting ,any sculpture
 any drawing including maps,chart and
a plan
 an engraving
 a work or an architechture
 and any other work of craftsamanship
 any work which has artistic quality .
cinematography
means
 any work of visual recording on the
medium produced through a process
from which a moving image may be
produced .
 it includes sound recording
accompanied with the visual images .
 it shall also be construed as including
any work produced by any process
analogous to cinematography
including video films.
Literary work
means?
 includes any writings
 computer programmes
 tables and compilations
including the computer
database.
Musical work
means ?
 any work consisting of music and
includes any graphical notation
 but does not include any wods or any
actions intended to be sung ,spoken or
performed with the music
Sound recording
means?
 any recording of sound
 from which such sounds may be
produced regardless of the medium
 on which such recording is the
method by which the sound are
produced .
Copyright
Office
 Is established under the control of the
registrar of copyright , who shall act
under the directions of the central
government .
There shall be a seal of copyright .
The main work of the office is to control ,
administer and apply the provisions of
the act . central government appoints
the registrars and the deputy registrars
from time to time.
Copyright
Board
 The board consists of a chairman and not
more than fourteen other members .
The chairman is appointed for a period of
five
years and is also eligible for re
appointment ,and works under the
superintendence of the central
government .
A person in order to become the chairman
of the copyright board should be a judge
of an High Court or should have been
qualified to be a judge of an High Court .
The registrar of the copyright is the
Secretary of the copyright board.
Powers and Procedures of the
copyright board?
 power to regulate its own affairs
including the fixing of places and the
times of sittings
 the chairman has the right to
constitute benches and special
benches in order to dispose the
cases before it
 the normal bench consists of not less
than 3 members and the special
bench consists of not less than 5
members .
-
 while deciding the cases if there are any
difference in the opinion between the
members than the majority opinion will
prevail .
 if there is no majority than the decision
on the chairman prevails .
 The chair man has the power to
authorize any of the board members to
exercise their powers
.
-
 if the member of the copyright board
has any personnel interest in any
matter before the board than the
member is not permitted to attend the
proceedings of such matter.
 the board is deemed to be a civil court
for all proceedings before it .it means
it posses all the rights of the civil
court while deciding any of the
matters before it .
functions of the copyright
board
? to inquire regarding the date of


publication of the work .

 to inquire regarding the term of a
copyright is shorter in any other
country
 to solve the disputes regarding the
assignment of copyright .
 to provide the licences to the public
in the Indian works which were
withheld from publishing .
-
 to provide licences for unpublished
Indian works.
 to provide the compulsory licences to
produce and publish the translations .
 to address the grievances of the
aggrieved party .
 to rectify the errors made in registers
maintained by the copyright offfice or
copyright board .
 The Board functions through Benches
consisting of 3 members.
 The Copyright Board shall be deemed to
be a Civil Court.
COPYRIGHT, OWNERSHIP
AND TERM

 Works in which copyright subsists

 Original literary, dramatic, musical and
artistic works
 Cinematograph films
 Sound recording
 Meaning of Copyright
 Ownership of Copyright
 Assignment of Copyright
LICENSES

License to produce and publish a

translation of
a literary or dramatic work in any
language
may be applied to the Copyright Board,
after a
period of 7 years from the first
publication of
the work.
INTERNATIONAL
COPYRIGHT

 The Central Government can extend

Copyright Protection to foreign works.
 Accordingly the Central Government has
made the International Copyright Order,
1991 and the Copyright Order, 1958.
REGISTRATION OF
COPYRIGHT
 A register of Copyright is kept in the
Copyright office.
 All details of works in which registration
is applied for is entitled in that register.
 Register of Copyrights is a Prima-facie
evidence of the particulars entered
therein.
 The entries in the register can be
corrected or rectified and shall be
published.
Rights of a copyright
holder?
 right to reproduce .
 right to communicate to public .
 right to issue new copies of the
work .
 right to have a copyright for fixed
terms.
 right to assign
 right to seek legal remedy in
case of infringement or right to
sue .
Term of the
copyright ?
 in case of artistic ,dramatic and literary
works and musical works the term of
copyright is ----- lifetime plus 60 years
from the date of death .
 in case of artistic ,dramatic and literary
works and musical works the term of
copyright is ----- lifetime plus 60 years
from the date of death .
 in case of the works of public
undertaking and work of international
organisation ------- the term of copy
Registration of the copy
right ?
 the registration of copy right is not
compulsory
.
 because the copyright in a material work
automatically comes into existence
immediately after the original work is
produced
.
Registration of
copyrights ?
 1.register of copyrights:
its is the book maintained by the
copyright office which maintains the
records of the: a.The description of
the works .
b.The names of the
author,publishers or owners of
copyrights.
c.The address of the author,publishers,
owners of the copy rights .
d. other prescribed particulars .
Procedure for registration of
copyrights?
 the person interested in copyrights
makes an application in a prescribed
form to the registrar.
 on receiving the application the
registrar conducts the inquiry
 and on satisfaction enters the
description of the works in the
register of copyrights
 the registrar subject to the conditions
can amend and alter the register of
copyrights ,in matters relating to the
error in the names and particulars ,any
Procedure for registration of
copyrights?
 on the application for rectification the
copyright board has power to rectify the
register of copyrights with regard certain
omissions ,striking of the wrong entries
&correcting the errors & defects .
 any person can take the copy's of the
register and the index maintained by the
copyrights office by paying the prescribed
fees .
 the register maintained by the copyrights
office is admissible as an evidence in all
courts as its acts as an prima facie
INFRINGEMENT OF
COPYRIGHT
Some of the acts which are considered as
no
infringement of Copyright are,
 Private use including research
 Computer Programme
 Reporting current events
 For judicial proceedings
 Copy made in accordance with any law
 Reading in public of any reasonable
extract from a published literary or
dramatic work
REMEDIES FOR INFRINGEMENT ??

 Civil remedies - injunction and

damages and recover the
possession of the infringed
copies
 .-district court
 Criminal remedies -

punishments a.imprisonment of
not less than 6 months or
extended to 3 years . or fine
shall be not less than 50000 or
 For the use of educational institutions
 By a teacher or pupil in the course of
instruction or as a part of question or
answer in examination.
CIVIL REMEDIES

 The owner of Copyright can sue in the

district court having jurisdiction and
shall be entitled to remedies such as
injunction, damages
OFFENCES
 Any infringement of Copyright is
punishable with imprisonment of not
less than 6 months but extend to 3
years or fine not less than 50 thousand
but may extend to Rs. 2 lakhs.