Introduction To Copyright

Introduction to Copyright
Protection
Rupal Rautdesai
Gramaphone Co. v. Birendra Bahadur
Pandey, AIR 1984 SC 667 at p. 676
Justice Chinnappa Reddy, stated

“An artisitc, literary or musical work is the brainchild of
the author, the fruit of his labour and so, considered to
be his property. So highly it is prized by all civilised
nations that it is thought worthy of protection by
national laws and international conventions.”
Importance of Copyright Law
 Provides legal frame work for not only the traditional
beneficiaries of copyright such as individual writer, composer
or artist but also for the investment required for the creation of
works by the major cultural industries such as publishing, film,
broadcasting and recording industries, computer and software
industry
 Copyright impinges one way or the other on the daily life of
members of the public or business
 Copyright protects a vast variety of things, for example letters,
photographs, videos, advertisement brochures, designs,
documents, graphics, research, manuals, and reports.
 No business can afford to be ignorant about implications of
copyright in daily work
What is Copyright?
 Non legal definition – Copyright derived from “Copie
of words”.
 Use of expression “Copy” – dates back around
1485 which was used to connote a manuscript or
other matter prepared for printing
 Oxford Dictionary defines ‘copyright’ as ‘the
exclusive right given by law for a certain term of
years to an author, composer, etc. (or his assignee)
to print, publish and sell copies of his original work.
 The Copyright Act affords protection to a much
wider species of work Scope of protection is also
wider
Statutory Definition of Copyright (Section 14
of Copyright Act 1957)
Copyright means the exclusive right to do or

authorise others to do certain acts in relation to:
1. Literary, dramatic or musical works, not being a
computer programme
2. Computer Programme
3. Artistic Works
4. Cinematographic Films and
5. Sound Recording
Basically copyright means the right to copy or

reproduce the work in which copyright subsists
Meaning and nature of copyright
 Copyright means the exclusive right of an

author/owner of the original work for a certain
period of time to publish, reproduce, sell, adapt,
translate his work.
 Thus, copyright is a bundle of rights, which grants
protection to the unique and original expression of
ideas.
 Copyright is a negative right and the owner of a
copyright gets the right to prevent others from
copying his work without his consent towards a
commercial end.
Nature of Copyright Law
Copyright is a creation of Statute

(Statutory Right)
No copyright exists in any work except as
provided in the Act. (S.16). This means
under the present law copyright is a creation
of statute and there is no such thing as a
common law copyright.
Object of Copyright
 To encourage authors, composers and artists to
create original works by rewarding them with the
exclusive right for a limited period to reproduce the
works for the benefit of the public
 On the expiry of the term of copyright the works
belong to the public domain and anyone may
reproduce them without permission.
 Copyright is a monopoly right or exclusive right
given to the author. The exclusive right given to the
author, is a negative right, i.e. right to prevent
others from copying or reproducing the work.
Subject matter of Copyright
 Expression of an idea in a tangible form alone
qualifies for the protection under Copyright Law.
 Ideas per se cannot be protected.
 It is the expression of ideas in a material
medium that is the subject matter of copyright
protection.
 Hence, originality and fixation are the two
essential requirements for any work to qualify
for copyright protection.
HISTORICAL DEVELOPMENT
 Till 1455, the pirating of
manuscripts was not a big
problem at all.
 Johannes Gutenberg (in
Germany) was the first in
the western world to print
using movable type.
 Printers/booksellers guild
provided only limited
protection against copying.
So printers sought greater
protection.
18 October 2017 10
 Thus, the concept of Copyright developed.
 The art of printing spread quickly in Europe.
 King Richard III, in 1483 allowed foreigners to

import manuscripts and books into England and
print them
 As a result book trade came in the hands of
foreigners – however this freedom enabled England
to emerge as a major centre for printing in Europe.
 Class of Intermediaries who made initial investment
i.e. printers who also functioned as booksellers
emerged called stationers in England.
18 October 2017 11
 In 1523 and 1528 restrictions were introduced by Henry
VIII, prohibiting the importation of books altogether in
1533
 In 1529 system of privileges was set up for printing
books
 Stationers Guild was formed into a Company
comprising 97 London Publishers.
 1556 – a Royal Charter was granted to the Stationers’
Co. which provided the right to administer a system of
private registration of all published works. The company
had the power to deal with infringement by seizure and
destruction of illegal copies.
 In 1662, the Licensing Act was passed in England which
prohibited the printing of any book which was not
licensed and registered with the Stationers’ Company.
(first clear law at protecting literary copyright and
checking piracy)
 It provided for seizure and confiscation of the
unauthorized copies and also for imposing the penalty
of fine on their printers. The Act was repealed in 1679.
In 1710, the Statute of Anne was passed in England, which is
regarded as the first modern law on Copyright. It provided
protection for a period of 14 years, which can be renewed for
further 14 years.
In India, the earliest Act was Indian Copyright Act of 1847,

which was enacted during East India Company’s regime – It
affirmed the applicability of English copyright law in India.
Later the Copyright Act of 1911 was made applicable to India.
Further Act of 1914 was enacted which modified provisions of
1911 Act. Thereafter, in 1956, the present Copyright Act was
passed i.e Copyright Act, 1957, which underwent substantial
changes through the amendments in 1982, 1983, 1992, 1994,
1999 and 2012
Challenges to Copyright Law
 Copyright being intellectual property, travels from one
country to another more easily and quickly than other
kinds of property.
 Technological progress has made copying easy and
simple
 Control of copyright infringement has become difficult
and often impossible
 Books, recorded tapes, or video cassettes or films or
computer programmes can be taken from one country to
another without any difficulty and thousands of copies
made from it and distributed.
 Unauthorized taping of radio and television programmes
have become common all over the world.
 Photocopying has made unauthorized copying or
copyright material simple and inexpensive

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Introduction to Copyright

Justice Chinnappa Reddy, stated

Copyright means the exclusive right to do or

Basically copyright means the right to copy or

 Copyright means the exclusive right of an

Copyright is a creation of Statute

 King Richard III, in 1483 allowed foreigners to

In India, the earliest Act was Indian Copyright Act of 1847,

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