COPYRIGHT: A COMPREHENSIVE STUDY

Aayush (LL.B. Panjab University Chandigarh)

E-mail: aayushsingh581@gmail.com
Abstract
The purpose of this paper is to emphasize on various copyright laws. Copyright is related to a
creative artistic or literary expression. The copyrighted material can be a book, a picture, a
sculpture, a painting, jewellery designs, a motion picture, music, or anything that is the result
of a person’s creative mind that take a physical shape and has no function other than the
beauty and relativity of the thing itself (Indian Copyright Act, 1957). Copyright is a right
given by the law to creators of literary, dramatic, musical, and artistic works and producers of
cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter
alia, rights of reproduction, communication to the public, adaptation, and translation of the
work. There could be slight variations in the composition of the rights depending on the
work.

Introduction
Copyright is the set of exclusive rights granted to the author or creator of an original work,
including the right to copy, distribute and adapt the work. Copyright lasts for a certain time
period after which the work is said to enter the public domain. Copyright gives protection for
the expression of an idea and not for the idea itself. For example, many authors write
textbooks on physics covering various aspects like mechanics, heat, optics etc. Even though
these topics are covered in several books by different authors, each author will have a
copyright on the book written by him/her. provided the book is not a copy of some other book
published earlier. Copyright ensures certain minimum safeguards of the rights of authors over
their creations, thereby protecting and rewarding creativity. Creativity being the keystone of
progress, no civilized society can afford to ignore the basic requirement of encouraging the
same. Economic and social development of a society is dependent on creativity. The
protection provided by copyright to the efforts of writers, artists, designers, dramatists,
musicians, architects and producers of sound recordings, cinematograph films and computer
software, creates an atmosphere conducive to creativity, which induces them to create more
and motivates others to create.

Copyright law in India

The Copyright Act of 1957, The Copyright Rules, 1958 and the International Copyright
Order, 1999 governs the copyright protection in India. It came into effect from January 1958.
The Act has been amended in 1983, 1984, 1992, 1994 and 1999. Before the Act of 1957,
copyright protection was governed by the Copyright Act of 1914 which was the extension of
British Copyright Act, 1911. The Copyright Act, 1957 consists of 79 sections under 15
chapters while the Copyright Rules, 1958 consists of 28 rules under 9 chapters and 2
schedules. According to Section 14 of the Act, "copyright" means the exclusive right subject
to the provisions of this Act, to do or authorise the doing of any of the following acts in
respect of a work or any substantial part.

Works for which copyright protection is available

Indian Copyright Act affords separate and exclusive copyright protection
to the following clauses of work.
1. Original Literary Work
2. Original Dramatic Work.
3. Original Musical Work.
 4. Original Artistic Work.
5. Cinematograph Film.
6. Sound recording.
7. Computer Programme

Ownership of Copyright
The author of the work will be the first owner of the copyright in the following instances:
i. In the case of a literary, dramatic or artistic work made by the author in the course of
his employment by the proprietor of a newspaper, magazine or similar periodical
under a contract of service or apprenticeship, for the purpose of publication in a
newspaper, magazine or similar periodical, the said proprietor will, in the absence of
any agreement to the contrary, 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, or to the reproduction of the work for the purpose of its being so
published, but in all other respects the author will be the first owner of the copyright
in the work.
ii. In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a
cinematograph film made, for valuable consideration at the instance of any person,
such person will, in the absence of any agreement to the contrary, be the first owner of
the copyright therein.
iii. In the case of a work made during the author's employment under a contract of
service or apprenticeship, the employer will, in the absence of any agreement to the
contrary, be the first owner of the copyright therein.
iv. In the case of any address or speech delivered in public, the person who has delivered
such address or speech or if such person has delivered such address or speech on
behalf of any other person, such other person will be the first owner of the copyright
therein notwithstanding that the person who delivers such address or speech, or, as the
case may be, the person on whose behalf such address or speech is delivered, is
employed by any other person who arranges such address or speech or on whose
behalf or premises such address or speech is delivered.
v. In the case of a government work, government in the absence of any agreement
to the contrary, will be the first owner of the copyright therein.
vi. In the case of a work made or first published by or under the direction or control
of any public undertaking, such public undertaking in the absence of any agreement to
the contrary, will be the first owner of the copyright therein.
vii. In case of any work which is made or first published by or under the directions
or control of any international organisation, such international organisation
will be the first owner of the copyright therein.

Transmission of copyright by testamentary disposition

Where under a bequest a person is entitled to the manuscript of a literary. dramatic or musical
work, or to an artistic work, and the work was not published before the death of the testator,
the bequest can, unless the contrary intention is indicated in the testator's will or any codicil
thereto, be construed as including the copyright in the work in so far as the testator was the
owner of the copyright immediately before his death. Manuscript means the original
document embodying the work, whether written by hand or not.
Relinquish copyright
The author of a work can relinquishes all or any of the rights comprised in the copyright in
the work by giving notice in Form 1 to the Registrar of Copyrights and thereupon such rights
will cease to exist from the date of the notice. On receipt of notice the Registrar of Copyrights
will publish it in the Official Gazette and in such other manner as he may deem fit. The
relinquishment of all or any of the rights comprised in the copyright in a work will not affect
any rights subsisting in favour of any person on the date of the notice given to the Registrar.

Term of copyright
Section 22 to 29 of the Copyright Act, 1957 deals with the term of copyright. Copyright
generally lasts for a period of sixty years.
i. In the case of literary, dramatic, musical or artistic works, the sixty year period is
counted from the year following the death of the author.
ii. In the case of cinematograph films, sound recordings, photographs, posthumous
publications, anonymous and pseudonymous publications, works of government and
public undertakings and works of international organisations, the 60-year period is
counted from the date of publication.
iii. In case of Broadcast reproduction right - 25 years from the beginning
of the calendar year next following the year in which the broadcast is made.
iv. In case of Performers right - 25 years from the beginning of the calendar year next
following the year in which the performance is made.

Copyright Infringements
Some of the commonly known acts involving infringement of copyright:
i. Making infringing copies for sale or hire or selling or letting them for hire:
ii. Permitting any place for the performance of works in public where such performance
constitutes infringement of copyright;
iii. Distributing infringing copies for the purpose of trade or to such an extent so as to
affect prejudicially the interest of the owner of copyright
iv. Public exhibition of infringing copies by way of trade; and
v. Importation of infringing copies into India.

Civil Remedies for Copyright Infringement

A copyright owner can take legal action against any person who infringes the copyright in the
work. The copyright owner is entitled to remedies by way of injunctions, damages and
accounts. Any person who knowingly infringes or abets the infringement of the copyright in
any work commits criminal offence under Section 63 of the Copyright Act. The minimum
punishment for infringement of copyright is imprisonment for six months with the minimum
fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum
punishment is imprisonment for one year and fine of Rs. one lakh.

International Copyright
Copyrights of works of the countries mentioned in the International Copyright Order are
protected in India, as if such works are Indian works. Copyright of nationals of countries who
are members of the Berne Convention for the Protection of Literary and Artistic Works,
Universal Copyright Convention and the TRIPS Agreement are protected in India through the
International Copyright Order. The list of such countries is mentioned in the schedule of the
International Copyright Order, 1999.

Registration of a work under the Copyright Act, 1957

Copyright comes into existence as soon as a work is created and no formality is required to
be completed for acquiring copyright. However, facilities exist for having the work registered
in the Register of Copyrights maintained in the Copyright Office of the Department of
Education. The entries made in the Register of Copyrights serve as prima-facie evidence in
the court of law.
Procedure for registration
It is covered under Chapter VI of the Copyright Rules, 1958.
a. Application for registration is to be made on Form IV (Including Statement of
Particulars and Statement of Further Particulars) as prescribed in the first schedule to
the Rules:
b. Separate applications should be made for registration of each work;
c. Each application should be accompanied by the requisite fee
prescribed in the second schedule to the Rules; and
d. The applications should be signed by the applicant or the advocate in
whose favour a Vakalatnama or Power of Attorney has been executed. The Power of
Attorney signed by the party and accepted by the advocate should also be enclosed.

Copyright Board
The Copyright Board, a quasi-judicial body, was constituted in September 1958. The
jurisdiction of the Copyright Board extends to the whole of India. The Board is entrusted with
the task of adjudication of disputes pertaining to copyright registration, assignment of
copyright, grant of Licenses in respect of works withheld from public, unpublished Indian
works, production and publication of translations and works for certain specified purposes. It
also hears cases in other miscellaneous matters instituted before it under the Copyright Act,
1957. The meetings of the Board are held in five different zones of the country. This
facilitates administration of justice to authors, creators and owners of intellectual property
including IP attorney's near their place of location or occupation. Powers of the Copyright
Board
The Copyright Board consists of a Chairman and two or more, but not exceeding fourteen,
other members for adjudicating certain kinds of copyright cases. The Chairman of the Board
is of the level of a judge of a High Court.

The Copyright (Amendment) Bill, 2012

The Copyright (Amendment) Bill, 2010 was introduced in the Rajya Sabha on 19th April,
2010. In pursuance of Rule 270 relating to Department-related Parliamentary Standing
Committees, the Chairman, Rajya Sabha, referred the Bill to the Standing Committee on
Human Resource Development on 23rd April, 2010 for examination and report. The Standing
Committee headed by Mr.Oscar Fernandes submitted its 227th report on 'The Copyright
Amendment Bill of 2010' on November 23rd 2010. Pursuant to the recommendations of the
Standing Committee, the Copyright Amendment Bill of 2012 was passed by the Rajya Sabha
on 17th May 2012. Some of the changes made in the Bill, 2012 pursuant to the
recommendations of the Committee are
i. Definition given in the Bill of 2010 has been retained but an additional paragraph for
explanation has been added. "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 nonprofit purposes by a non-profit library
or nonprofit educational institution. Explanation-For the purposes of this clause, a
"nonprofit library or nonprofit 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.
ii. Amendment to Section 11 and 12 of the Copyright Act. 1957 has been
added.
 iii. The provisions with regard to joint ownership of copyright of principal
director along with the producer have been deleted in the Bill of 2012.
iv. Amendment of Section 18 allowed composers and lyricists to retain their rights over
the work which may have been incorporated into a cinematograph work. Thus
although the producer of the movie is the first owner with respect to the music when it
is used as part of the cinematograph work, the lyricist or the composer will be
considered first owner for all other purposes. On the basis of the recommendation of
the committee, the following provisos have also been added to Section 18 in the Bill
of 2012 - Provided also that the author of the literary or musical work included in a
cinematograph film shall not assign or waive the right to receive royalties to be shared
on an equal basis with the assignee of copyright for the utilisation of such work in any
form other than for the communication to the public of the work along with the
cinematograph film in a cinema hall, except to the author's legal heirs or to a
copyright society for collection and distribution and any agreement to contrary shall
be void. Provided also that the author of the literary or musical work included in the
sound recording but not forming part of any cinematograph film shall not assign or
waive the right to receive royalties to be shared on an equal basis with the assignee of
copyright for any utilization of such work except to the legal heirs of the authors or to
a collecting society for collection and distribution and any assignment to the contrary
shall be void.
v. Section 19 that deals with mode of assignment has been modified in the Bill of 2012
as follows-No assignment of copyright in any work to make a cinematograph film
shall affect the right of the author of the work to claim an equal share of royalties and
consideration payable in case of utilization of the work in any form other than for the
communication to the public of the work, along with the cinematograph film in a
cinema hall. No assignment of the copyright in any work to make a sound recording
which does not form part of any cinematograph film shall affect the right of the author
of the work to claim an equal share of royalties and consideration payable for any
utilization of such work in any form.
vi. Additional clause has been added in Section 19A wherein the Copyright Board has to
pass the final order in case of complaints with regard to assignment of copyright
within 6 months from the date of receipt of the complaint and reasons for any delay in
compliance of the same should be recorded in writing.
vii. Amendment made to Section 26 has been deleted in Bill of 2012. In bill of 2010,
proviso with regard to rights of principal director was added with regard to term of
copyright in cinematograph films.
viii. New sections 31B, 31C and 31D had been inserted in the Bill of 2010 also.
Some modifications have been made to the same. For example - clause 5
given in Bill, 2010 has been deleted in Bill, 2012. Clause 3 has been added
in Section 31D in Bill, 2012.
ix. Section 33 deals with registration of copyright societies. Amendments made to sec.33
under the Bill of 2010 have been modified in Bill of 2012. New clause 3A has been
added wherein the registration granted to a copyright society shall be for a period of 5
years and be renewed from time to time before the end of every five years on a
request in the prescribed form and the Central Government may renew the registration
after considering the report of Registrar of Copyrights on the working of the copyright
society under section 36. Provided that the renewal of the registration of a copyright
society shall be subject to the continued collective control of the copyright society
being shared with the authors of works in their capacity as owners of copyright or of
the right to receive royalty. Provided further that every copyright society already
 registered before the coming into force of the copyright (Amendment) Act, 2012 shall
get itself registered under this Chapter within a period of one year from the date of
commencement of the Copyright (Amendment) Act, 2012.
x. Section 35 deals with control over the copyright society by the owner of rights.
Additional sub sections have been added in Bill of 2012 - Every copyright society
shall have a governing body with such number of persons elected from among the
members of the society consisting of equal number of authors and owners of work for
the purpose of the administration of the society as may be specified. All members of
copyrights society shall enjoy equal membership rights and there shall be no
discrimination between authors and owners of rights in the distribution of royalties.

Conclusion
The copyright laws play a vital role in providing information to the end users in a digital
environment. To sum up, the purpose of copyright is to protect the rights of the creator and
provide the incentives and economic benefits to the creator. The scope of copyright extends to
the literary or artistic works which demands creativity including Database and computer
software Rapid emergence of electronic information media and vastly lower costs for
copying, the monopolistic power of the copyright holder is increasingly the primary obstacle
to unfettered use of publications