Copyright Issue

OVERVIEW OF THE COPYRIGHT ACT, 1957

 Introduction: What a man produces by the application of his labour, intellect, or skill is his
property. The creator has right to his properties. The Law of Copyright creates a further
statutory intangible right of property in respect of such product if it is an original work.
 Copyright is a form of Intellectual property that gives its owner exclusive rights to reproduce,
publish, sell, or distribute a creative work.
 Copyright is a bundle of exclusive rights given by the law to the creators of original works.
 It is important to note that copyright applies only to the expression and not to the idea.

OWNER OF COPYRIGHT

As per Section 17 of the Act, the author of a work shall be the first owner of the copyright.

Exceptions:

 For literary, dramatic or artistic works – The author who creates them would be the first
owner;
 Works performed under contractual service as an employment – ownership lies upon the
employer;
 In case of photographs shot for cinematographic films – ownership lies at whose instance
it has been taken;
 Works done under a value of consideration – ownership lies on the person who pays for
such work;
 For a speech delivered at public – ownership lies on who delivers such speech;
 If a speech is made on behalf of another person – the person who assigned the work to
deliver such speech would be the owner of the same;
 Works published or orders passed by the Government or any organization – ownership
lies on the Government or the organization which has published it

SUBJECT MATTER OF COPYRIGHT

According to Section 13 of The Copyright Act 1957, it may be subjected for the following
works:
 Original Literary Work,
 Original Dramatic work,
 Original Musical work,
 Original Artistic Work,
 Cinematography films, and
 Sound recording
RIGHTS OF THE COPYRIGHT HOLDER
In the Copyright Act, 1957, the owner possesses the negative rights which are to prevent others
from using his works in certain ways and to claim compensation for the usurpation of that right.
In this Act, there are two types of rights given to the owner:

 Economical rights;
 Moral rights.

ECONOMIC RIGHTS
This right is also known as the Exclusive Rights of the copyright holder provided
under Section 14. In this Act different types of work come with different types of rights.
Such as:
In the case of original literary, musical, and dramatic work:

 Right to reproduce;
 Right to issue copies;
 Right to perform at public;
 Right to make cinematography and sound recording;
 Right to make any translation;
 Right to adaptation; and
 Right to do any other activities related to the translation or adaptation.

In the case, of computer program work:

 Right to do any act aforesaid mentioned; and

 Right to sell, rent, offer for sale of the copyrighted work.

In the case of artistic work:

 Right to reproduce;
 Right to communicate;
 Right to issue copies;
 Right to make any cinematography and sound recording;
 Right to make an adaptation; and
 Right to do any other activities related to the adaptation.

In case of a cinematograph film work:

 Right o make a copy of the film

 Right to sell, rent, offer for sale of the copyrighted work; and
 Right to communicate.
In the case of a sound recording work:

 Right to communicate;
 Right to issue copies; and
 Right to sell, rent, offer for sale of the copyrighted work

MORAL RIGHTS
The moral rights of the copyright owner has been provided under Section 57 of the principal Act
that encompasses two basic moral rights.

 Right of paternity: The right of an owner of copyright to claim and prevent others to
claim the ownership of his copyrighted work is said to be a right of paternity
 Right of integrity: The right of the owner of the copyright to protect the reputation of his
own work from exploitation is the right of integrity

INFRINGEMENT OF COPYRIGHT
Under Section 51 of the Copy Right Act, 1957, infringement of copyright has been discussed.
Copyright in a work is deemed infringed under the following circumstances:

When any person, without a license granted by the owner of the copyright or the Registrar of
Copyrights under this Act or in contravention of the conditions of a license so granted or of any
condition imposed by a competent authority under this Act does anything the exclusive right to do
which is by this Act conferred upon the owner of the copyright.

Copyright is also infringed when any person:

 Makes for sale or hire or sells or
 Distributes either for the purpose of trade or to such an extent as to affect prejudicially the
owner of the copyright, or
 By way of trade exhibition in public, or
 Imports (Except for the private and domestic use of the importer) into India,
any infringing copies of the work.

NON- INFRINGEMENT (FAIR DEALING)

Fair dealing is the statutory limitation on the exclusive right of the copyright owner which
permits reproduction or use of copyrighted work in a manner that otherwise would have
constituted infringement. This law is given under Section 52 of the Copyright Act,1957
according to which the free uses can be made for any work except computer program for the
purposes:
 For private and personal use including research,
 For criticism and review,
 For reporting of current events or issues including lectures in public,
 For broadcasting in cinematographic films or by posting photographs,
 For reproduction and reporting of any judicial proceeding,
  For reproduction, or publication of any kind of work prepared by the secretariat of a
legislature,
 For reproduction of any kind of work in a certified copy made or supplied accordance
with any law,
 For reading and recitation of any literary or dramatic work in the public domain,
 For publication of any non-copyright matter bonafide intended for the use of educational
institutes, and
 For recording any sound by the owner of the right in the work.

MEDIA AND COPYRIGHT

Copyright Law plays a great role in the media industry, since the owner of an original creative
work holds the exclusive rights to reproduce, copy, publish, broadcast and even translate or adapt
his work. The economic benefit given by virtue of a copyright provides an incentive to the author
to create new works and protect them against infringers, encouraging new and creative works by
many different people. Thus, the media industry is very much affected by the provisions of the
copyright laws and the exceptions provided under it.

Copyright and Press Media

 Press Media is mass media that delivers news to the public. This includes print
media (newspapers, newsmagazines), broadcast news (radio and television), and more
recently the Internet (online newspapers, news blogs, news videos, live news streaming, etc.).
Press media is concerned with facts, so not all press is copyrightable but among those that are,
the written works such as newspapers, news-magazines and blogs are copyrighted as ‘literary
works’, while TV news broadcasts and news videos can be considered ‘Cinematographic
films’, and radio broadcasts and news podcasts as ‘Sound recordings’ under the Copyright
Act.
 Works that are not creative or original cannot be copyrighted, so, news, facts or information
cannot be copyrighted as they have not originated from the author (even if he was the one to
discover them). While the news itself cannot be copyrighted, a copyright can exist in the
expression of that news.

Copyright and Advertisement

The copyright law is of relevance not only to the advertisers and advertising agencies, but to the
creative persons such as visualizers, art directors, copy script and slogan writers, performers and
so on, who are engaged in creating valuable advertising property.
Like all other creative work, for an advertisement to be copyrightable it must be original, must
involve some form of expression and not be just an idea (there is no copyright for ideas), it must
not be from the public domain and must involve some sort of labour, skill and capital.
Copyright and the Internet
The Internet has become a vital platform for delivering digital content such as movies, music,
books, news, and software. The global reach of the Internet enables digital content to be nearly
instantaneously delivered to any part of the world, meaning that international barriers are
significantly reduced or eliminated in the case of digital content. Which means that copyright is a
very important mechanism for creation and dissemination of digital content. However, the
ubiquity of the internet also means that copyright infringement and online piracy is easier than
ever.

Challenges faced by media with respect to copyright

 Digital Piracy: The digital era has brought challenges related to online piracy. Media
content, including articles, music, videos, and software, can be easily pirated and distributed
without proper authorization. This poses a significant threat to the revenue streams of media
organizations.
 Fair Use and Exceptions: The concept of "fair use" and other exceptions to copyright
protection can be subjective and may lead to disputes. Determining what constitutes fair use,
especially in the context of news reporting, commentary, and educational purposes, can be
challenging and may result in legal conflicts.
 Enforcement Challenges: Enforcement of copyright laws, especially in the online
environment, can be challenging. Identifying and taking action against infringing parties may
be difficult, particularly when content is distributed across multiple platforms and
jurisdictions.
 No protection to concept: There is a constant race between channels in order to increase
their viewer ratings. Due to this often there is poaching of employees and also snatching of
concepts. Concept per se cannot be protected under the laws of Intellectual Property Rights
in India
 Difficulty in Tracking the Use of Copyrighted Materials: With the vast amount of content
being created and shared online, it becomes challenging for media organizations to track and
monitor the use of copyrighted materials, making it easier for unauthorized use to go
unnoticed.
 Complex Ownership: Determining ownership of copyrighted materials can be complex,
especially in cases where multiple individuals or entities have contributed to the creation of
the content, leading to disputes and legal challenges.
 User-Generated Content: With the rise of user-generated content on digital platforms,
media organizations face challenges in monitoring and ensuring that user-generated content
does not infringe upon copyrights.
 Balancing Access and Protection: Striking a balance between providing access to
information and protecting copyrighted works can be a delicate challenge for media
organizations, especially in the digital era where content can be easily shared and accessed
These challenges make it increasingly important for media organizations in India to navigate the
complexities of copyright law, enforce their rights, and adapt to the evolving digital landscape
while respecting intellectual property rights.