CLASS NOTE

COURSE: B.A. LL.B. 6TH SEMESTER

ACADEMIC YEAR: 2022
SUBJECT: LAW OF COPYRIGHT
TOPIC: MEANING OF COPYRIGHT

Copyright (or author’s right) is a legal term used to describe the rights that creators have over
their literary, artistic and other categories of works. Works covered by copyright range from
books, music, paintings, sculpture, and films, to computer programs, databases, advertisements,
maps, and technical drawings etc.

Section 14 of Copyright Act, 1957 defines the meaning of copyright as under:

Section 14. Meaning of Copyright.—
For the purposes of this Act, “Copyright” means the exclusive right subjectto the provisions of
this Act, to do or authorise the doing of any of the following acts in respect of a work or
anysubstantial part thereof, namely:—
(a)in the case of a literary, dramatic or musical work, not being a computer programme,—
(i)to reproduce the work in any material form including the storing of it in any medium
by electronicmeans;
(ii)to issue copies of the work to the public not being copies already in circulation;
(iii)to perform the work in public, or communicate it to the public;
(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 tothe work in sub-clauses (i) to (vi);
(b)in the case of a computer programme,—
(i)to do any of the acts specified in clause (a);
(ii)to sell or give on commercial rental or offer for sale or for commercial rental any copy
of the computerprogramme:
Provided that such commercial rental does not apply in respect of computer programmes
where theprogramme itself is not the essential object of the rental.
(c)in the case of an artistic work,—
(i)to reproduce the work in any material form including—
(A)the storing of it in any medium by electronic or other means; or
(B)depiction in three-dimensions of a two-dimensional work; or
(C) depiction in two-dimensions of a three-dimensional work;]
(ii)to communicate the work to the public;
(iii)to issue copies of the work to the public not being copies already in circulation;
(iv)to include the work in any cinematograph film;
(v)to make any adaptation of the work;
(vi)to do in relation to adaptation of the work any of the acts specified in relation to the
work in sub-clauses(i) to (iv);
(d) in the case of a cinematograph film,—
(i)to make a copy of the film, including—
 (A)a photograph of any image forming part thereof; or
(B) storing of it in any medium by electronic or other means;
(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the
film;
(iii)to communicate the film to the public;
(e)in the case of a sound recording,—
(i)to make any other sound recording embodying it including storing of it in any medium
by electronic or other means;
(ii)to sell or give on commercial rental or offer for sale or for such rental, any copy of the
sound recording;
(iii)to communicate the sound recording to the public.

DETAILED EXPLANATION OF SECTION 14

RIGHT TO REPRODUCTION
Section 14(a)(i) to reproduce the work in any material form including the storing of it in
any medium by electronic means;
The reproduction right is perhaps the most important right granted by the Copyright Act. Under
this right, no one other than the copyright owner may make any reproductions or copies of the
work. Examples of unauthorized acts which are prohibited under this right include photocopying
a book, copying a computer software program, using a cartoon character on a t-shirt, and
incorporating a portion of another's song into a new song.
It is not necessary that the entire original work be copied for an infringement of the reproduction
right to occur. All that is necessary is that the copying be “substantial and material.”
DOCTRINE OF EXHAUSTION (FIRST SALE)
Section 14(a)(ii) To issue copies of the work to the public not being copies already in
circulation:
Thus, the owners of literary, dramatic, musical, or artistic works as well as of computer
programmes have the same right: to issue copies of the works they own to the public provided
those copies are not “already in circulation”. An explanation appended to Section 14 states that
“for the purposes of this section, a copy which has been sold once shall be deemed to be a copy
already in circulation”.
Owners of copyright have the exclusive right to issue copies of their work to the public only in
accordance with the provisions of this Section read in conjunction with Section 51 which deals
with infringement. Under copyright law, there comes a point of time beyond which owners may
not be able to control the resale of copies of works in which they own copyright in certain
territories.
This is the point at which the Doctrine of First Sale becomes applicable. The exhaustion of the
rights of the copyright owner is closely related to the Doctrine of First Sale. Under this doctrine,
once a copy of a copyrighted work is sold, the owner of the copyright loses the right to control
any subsequent sales of that particular copy of the work. In other words, the rights of the
copyright owner are exhausted as far as the right to sell or rent that copy of the work is
concerned. As a general rule, the copyright owner is allowed to sell a copy of a copyrighted work
only once. After that, any person may sell that copy of the work without the consent or the
authorisation of the copyright owner, and in doing so, he would not be infringing the copyright
subsisting in the work itself.
However recognition accorded to the Doctrine of First Sale under the Indian Copyright Act
islimited, and there are a number of exceptions to it.
RIGHT TO PERFORM AND COMMUNICATION TO THE PUBLIC
Section 14(1)(iii) To perform the work in public, or communicate it to the public:
The public performance right allows the copyright holder to control the public performance of
certain copyrighted works.
Under the public performance right, a copyright holder is allowed to control when the work is
performed "publicly." A performance is considered "public" when the work is performed in a
"place open to the public or at a place where a substantial number of persons outside of a normal
circle of a family and its social acquaintances are gathered." A performance is also considered to
be public if it is transmitted to multiple locations, such as through television and radio. Thus, it
would be a violation of the public performance right in a motion picture to rent a video and to
show it in a public park or theater without obtaining a license from the copyright holder. In
contrast, the performance of the video on a home TV where friends and family are gathered
would not be considered a "public" performance and would not be prohibited under the
Copyright Act.
The public performance right is generally held to cover computer software, since software is
considered a literary work under the Copyright Act. In addition, many software programs fall
under the definition of an audio visual work. The application of the public performance right to
software has not be fully developed, except that it is clear that a publicly available video game is
controlled by this right.
Under Section 2(ff) “communication to the public” means making any work or performance
available for being seen or heard or otherwise enjoyed by the public directly or by any means of
display or diffusion other than by issuing physical copies of it, whether simultaneously or at
places and times chosen individually, regardless of whether any member of the public actually
sees, hears or otherwise enjoys the work or performance so made available. Explanation.— For
the purposes of this clause, communication through satellite or cable or any other means of
simultaneous communication to more than one household or place of residence including
residential rooms of any hotel or hostel shall be deemed to be communication to the public;]
RIGHT TO MAKE DERIVATIVE WORK
Section 14(1)(iv) to make any cinematograph film or sound recording in respect of the
work;
A derivative work usually involves a type of transformation, such as the transformation of a
novel into a motion picture. In the computer industry, a second version of a software program is
generally considered a derivative work based upon the earlier version.
RIGHT TO TRANSLATION
Section 14(1)(v) to make any translation of the work:
Translating a work protected by copyright requires permission from the right owner. Translation
means the expression of a work in a language other than that of the original version. Translations
are themselves works protected by copyright. In order to publish a translation, permission must
be obtained from both the owner of the copyright in the original work and the owner of copyright
in the translation.
RIGHT TO ADAPTATION
Section 14(1)((vi) to make any adaptation of the work:
Adapting a work protected by copyright also requires permission from the right owner.
Adaptation is generally understood as the modification of a work to create another work, for
example adapting a novel to make a film, or the modification of a work for different conditions
of exploitation, e.g., by adapting a textbook originally written for university students to make it
suitable for a lower level. Adaptations are themselves works protected by copyright. In order to
publish an adaptation, permission must be obtained from both the owner of the copyright in the
original work and the owner of copyright in adaptation.
RIGHT TO COMMERCIAL RENTAL
Section14(b)(ii)in the case of a computer programme,to sell or give on commercial rental or
offer for sale or for commercial rental any copy of the computer programme:

Under Section 2(fa)“commercial rental” does not include the rental, lease or lending of a
lawfully acquired copy of a computer programme, sound recording, visual recording or
cinematograph film for non-profit purposes by a nonprofit library or non-profit educational
institution;
Explanation.— For the purposes of this clause, a “non-profit library or non-profit educational
institution” means a library or educational institution which receives grants from the Government
or exempted from payment of tax under the Income-tax Act, 1961(43 of 1961).

Article 11 of TRIPS agreement, Article 7 of WCT (WIPO Copyright Treaty) and Article 9 of
WPPT (WIPO Performances and Phonograms Treaty) provides for commercial rental rights for
Computer programme and Cinematograph films. In accordance with the treaties, the Indian
Government (being India is a member country of WTO and WIPO) amended the Copyright Act
in 2012, included the term ‘Commercial Rental’ replacing the word ‘hire’ and the term was also
defined in Section 2 (fa) as above.
In India, the rental rights are provided for computer programmes, cinematograph films and sound
recordings under Section 14 (b), (d) & (e). The rights are, however, limited for commercial
purposes and expressly excludes the rental rights for non- commercial purposes. This means an
author cannot claim rental rights over lending of books, magazines or other work when it is done
by an institution without any profit motive. Hence, libraries, educational institutions can freely
rent the books or other work without any license or permission from the author of the work.

FACULTY: KRISHNENDU ROY SARKAR

Email: krishnenduroysarkar@gmail.com
Mobile: +91-7602366330