Copyright Law

What is Copyright Law

One kind of intellectual property right is copyright. Under Indian law, copyright protections are granted to authors of original works, including dramatic, musical, and artistic works, cinematographic films, audio recordings, and literary works (including computer programs, tables, collections, and computer datasets, expressed in words, codes, schemes, or in any other context, along with a device readable medium). Copyright law protects expressions of ideas rather than the ideas themselves. Section 13 of the Copyright Act of 1957 provides copyright protection for sound recordings, cinematographic films, musical compositions, literary works, and creative works. For example, literary works like books and computer programs are protected by the Act.

The phrase “copyright” describes a group of exclusive rights that the owner of the copyright is granted by Section 14 of the Act. These rights may only be exercised by the copyright owner or by another individual with the owner’s consent. Among other things, these rights include the capacity to modify, duplicate, publish, translate, and interact with the general public. No rights are granted by copyright registration; it merely creates an entry for the work in the Registrar of Copyrights’ Copyright Register.

Objectives of copyright law

The main goals of copyright are to reward authors for their labor and to promote science and useful art. This is accomplished by allowing people to freely build upon the ideas and information offered in a work while yet ensuring authors’ rights to creative expression. Copyright law has two main objectives. First and foremost, countries established copyright rules to ensure that authors, songwriters, designers, artists, and other creatives, as well as creators of motion pictures and sound recordings, may express themselves freely.

Second, copyright laws allow others to freely build on the ideas and knowledge presented in a work. It also allows for some free uses of content that is protected by copyright. The scope of these acceptable uses is described in the Copyright Act of 1957. Measures pertaining to free use are incorporated in the Act in order to create the greatest feasible balance between the rights of the copyright owner and the welfare of individuals in the interest of society. In Sulamangalam R. Jayalakshmi v. Meta Musicals, Chennai (2000), the Madras High Court ruled that “copyright law is to preserve the fruits of a man’s effort, labor, talent, or test from annexation by other persons.”

Nature of copyright

Copyright is an incorporeal property in nature. The property in the work is justified by the assumption that the rightful owner developed or created it. The property owner can either sell his property entirely (assigning his rights) or grant a license. A group of exclusive rights is sometimes known as copyright. A negative right is one that gives the owner the ability to prevent someone from replicating his work or engaging in any other activity that is only allowed by copyright law. There is a time restriction on the exclusive rights to copyrighted works. Copyright has a limited lifespan, unlike physical property, which lasts throughout the lifetime of the object to which it is applied. The work becomes “public domain” after this period has elapsed. Put another way, it becomes public property and is open to everyone’s use without limitations. Therefore, for a limited period, exclusive rights to copyrighted works serve the public interest.

Salient features of the Copyright Act, 1957

The following lists the key characteristics of the Copyright Act of 1957:

Scope of rights conferred to the author

Section 13 of the Copyright Act of 1957 provides copyright protection for sound recordings, cinematographic films, literary works, musical works, dramatic works, and creative works. The Act protects literary works, such as books, manuscripts, poetry, and theses. The Copyright Act of 1957 protects original works of literature, drama, music, and art against unauthorized access, as well as sound and video recordings. Copyright protects speech, not ideas, as opposed to patents.

Provisions to assert the ownership

According to Section 17 of the Copyrights Act of 1957, the initial owner of the copyright is the person who created the work. The employer becomes the owner of the copyright in the one exception to this rule, which occurs when an employee produces work while carrying out their job responsibilities.

Civil and criminal remedies

Civil remedies for copyright infringement are included under Section 55 of the Copyright Act of 1957. These legal remedies include conversion damages, restitution, account interpretation, injunctions, and the removal and surrender of copies that were made in violation of the law. Criminal consequences for copyright infringement are outlined in Section 63 of the Copyright Act of 1957. These criminal sanctions may include jail time, fines, searches, confiscation of illegal goods, etc. The maximum fine is between 50,000 and 2,00,000 rupees, and the maximum jail sentence is three years, but not less than six.

Establishment of copyright boards and offices

The Copyright Act of 1957 also provides for the creation of a copyright office, which is under the purview of the Registrar of the Copyright, for the registration of books and other “works” of art, as well as a copyright board to help resolve copyright-related matters. Section 9 of the Copyright Act, 1957, provides for the creation of an office that will be known as the Copyright Office for Act purposes. Section 11 of the Copyright Act of 1957 established the Copyright Board.

Important sections of the Copyright Act, 1957

The key provisions of the 1957 Copyright Act are as follows:

Different definitions of the work that fall under the definition of copyright are discussed in Section 2. For instance, literary works are covered by Section 2(o), all theatrical works are covered by Section 2(h) within the definition of copyright protection, and musical and graphic works are covered by Section (p).
Since it addresses the topic of copyright protection, Section 13 of the Copyright Act of 1957 is the most important section. Section 13(1) states that the copyright protects all of India, and the following categories of works are covered by the copyright:

Unique literary, dramatic, musical, and artistic creations
Recording sound
Cinematograph movies.

The published and unpublished works of architecture are discussed in Section 13(2). If the work is published, it must be published in India. If the work is published outside of India, the author must be an Indian citizen at the time of publication or at the time of his death. Except for works of architecture, the authors of unpublished works must be Indian citizens or have a place of residence in India. When it comes to architectural works, only the work itself must be from India and not the architect, because architectural works can also be done in written form. The copyright in an architectural work shall only apply to the creative character and design and shall not include the construction process or processes.

Copyright laws provide protection for some rights. These three categories of rights are neighboring, moral, and common or economic. Moral rights are granted under Section 57, economic rights under Section 14, and neighboring rights under Sections 37A and 378, as per Section 14.

Copyright Subject Matter

All content covered by copyright is referred to as “works.” Therefore, it may be subject to the following works in accordance with Section 13 of the Copyright Act 1957:

Original Literary
Original Dramatic
Original Musical
Original Artistic
Cinematography films
Sound recordings

Original Literary

It is the result of the human mind and can be expressed in writing. It may be a series of numerical or verbal statements that have been developed with the use of significant autonomous talent, creative labor, or judgment. It does not necessarily have aesthetic value. A broad definition of literary work is given by the Copyright Act of 1957, and it include computer programming, tablets, and compilations, including computer databases.

Original Dramatic

Any piece for recitation, choreography, or amusement in dumb shows, as well as any scenic arrangement or performing form that is fixed in writing or another way, is considered a dramatic work under the Copyright Act of 1957. However, a cinematographic film is not included in this definition. The other items fit under the broad definition of dramatic work and may also be covered by the definition because it is inclusive.

Original Musical

A musical work, as defined by the Copyright Act of 1957, is any work that contains music and any visual representation of it; it does not, however, contain any words or actions meant to be sung, spoken, or performed in conjunction with the music. To be eligible for copyright protection, a musical composition needs to be unique.

Original Artistic

Any painting, sculpture, sketch, or picture with artistic elements is considered an artistic work under the Copyright Act of 1957. But it also encompasses the artistic workmanship and construction of these kinds of structures.

Cinematographic Films

The 1957 Copyright Act defines cinematographic films as any visual recording and sound recording that goes with it. The term “cinematograph” is also interpreted to include any work created using a method similar to cinematographic film making, including video films.

Sound Recording

In accordance with the Copyright Act of 1957, sound recording refers to the recording of sounds that can be produced, regardless of the medium or technique used to create the sounds.

While clauses (b) and (c) of this Section 13 safeguard by-product works, clause (a) defines an original work. Copyright is a right formed by the statute, and no right outside the aforementioned Act is claimed. This Section states that copyright is subject to the requirements of the aforementioned Section, so the various sections of the Act do not exist de-hora and beyond the purview of the Act.

Rights of the Copyright Holder

According to the Copyright Act of 1957, the owner has the negative rights to forbid others from using his creations in specific ways and to sue for infringement. The owner is granted two categories of rights under this Act:

Economical rights
Moral rights.

Economic rights

The Exclusive Rights of the Copyright Holder granted by Section 14 is another name for this privilege. Different kinds of work are granted different kinds of rights under this Act. For example: The Exclusive Rights of the Copyright Holder granted by Section 14 is another name for this privilege. Different kinds of work are granted different kinds of rights under this Act. For example:

In the case of original literary, musical, or theatrical work:

The right to procreate.
The authority to distribute copies
The ability to act in public
The ability to record sound and create cinematography
The right to adjust
The freedom to carry out any further translation or adaptation-related tasks.

In the case, of computer program work:

The right to perform any of the aforementioned acts
The copyrighted work may be sold, rented, or offered for sale.

In case of a cinematograph film work:

Possession of the copyrighted work to sell, rent, or offer for sale
Communication Rights.

Moral rights

The Copyright Act of 1957 not only protects economic rights but also ethical rights because, just as economic rights reflect the author’s desire to protect the body and soul of his work from commercial exploitation and infringement, a literary or creative work actually reflects the creator’s temperament. Article 6 of the Berne treaty of 1886, which is officially known as a world treaty for the protection of literary and innovative works, upholds these rights. Its fundamental tenet is the principle of national treatment, which states that one should consider the opposing good as one’s own.

Two categories of moral rights are recognized by Section 57 of the Copyright Act of 1957, and they are:

The right to paternity, which includes the right to claim authorship of the work and the right to prevent others from doing so,
The right to integrity includes the right to refrain from, or to seek damages for, any act related to the work in question, including distortion, modification, mutilation, or any other act if such an act would compromise the honor or reputation of the claimant.

Authorship and Ownership in copyright

The author of a work shall be the first owner of the copyright therein, subject to the provisions of this Act, according to Section 17, which acknowledges the author as the first owner:

When writing a play or piece of literature, the writer,
When it comes to music, the performer,
When it comes to artistic endeavors other than photography, the creator,
When it comes to photography, the creator,
When it comes to recording or filming, the producer,
The creator of the piece, if it was produced by a computer virus.

This clause does, however, offer for a bound exception:

If an author creates a publication while working for the owner of a newspaper, magazine, or other periodical, the owner of the publication,
When someone takes a picture, paints a portrait, or draws a portrait, a cinematograph is created for their valuable consideration.
If the work was completed while the author was employed under the terms of the service agreement, such an employer,
If a speech or address is given in public on behalf of someone else, that individual,
Regarding government projects, the government,
When work is carried out under the supervision and guidance of a public endeavor,
International organizations that are involved in activities that falls under the provisions of Section 41.