Copyright Law in

UNIT 7 COPYRIGHT LAW IN INDIA India

Structure

7.1 Introduction
Objectives
7.2 The Indian Law
7.3 Who is an Author or Owner of the Copyright?
7.4 Rights of Broadcasters and Performers
7.5 Registration of Copyright
7.6 Assignment, Licensing and Transmission
7.7 Infringement
7.8 International Copyright and Copyright Societies
7.9 Summary
7.10 Answers and Hints to SAQs

7.1 INTRODUCTION

The word copy has a range of meanings: transcript, imitation, reproduction of an

original writing or painting etc. Creators of literary artistic or musical works in ancient
times did not worry about their work being copied. However, the question of
copyright came to the fore when the printing technology made its appearance. The
first to be affected adversely by printing were the authors whose books/works could
be copied in large numbers by unauthorised persons, who would reap the benefits
depriving the authors of just rewards of their intellectual work. Later as technology
advanced, several other categories of originators of intellectual works were included
under copyright: literary, dramatic, musical, artistic, cinematograph film, sound
recording.

Broadly speaking, copyright is an exclusive right granted by law for a specified period
to the creator of a work of thought against any form of copying by an unauthorised
person. Under copyright, several acts are defined which are prohibited to prevent what
would amount to copying. The things for which copyright subsists emerge from
ideas, concepts, thoughts etc. that are common to all, but these things have been put in
a fixed form using one’s mental faculty.

The first enactment on copyright in India was the Indian Copyright Act, 1914, which
modified the Copyright Act, 1911 of UK that was applicable at that time to India. To
meet the changes brought by advances in technology of communication and
reproduction, as also the emergence of India as an independent nation with its own
aspirations and agenda for development, a complete revision of the law of copyright
was effected in the form of The Copyright Act, 1957. It was amended from time to
time, the last being in 1999. The copyright Act, 1957, as amended in 1999 came into
effect on January 15, 2000. In the following text, we will refer to it as the Act.

The object of copyright law is to encourage authors, composers, artists and designers
to create original works by rewarding them with an exclusive right for a limited
period. Such exclusive rights are permitted for literary, dramatic, musical, artistic,
cinematograph film and sound recordings. Licensing the right to publishers, film
producers and music record manufacturers permits the economic exploitation. The law
also aims at preventing anyone from reproducing or exploiting another person’s work
without authorisation.

Please remember that copyright in a work is not a single right; it bundles several rights
together. For example, copyright in a book is not merely the right to bring it out in
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Awareness Course on varied editions, but also the right to serialise it in media, to its dramatic and
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cinematographic versions, translation, abridgement and adaptation etc.

Copyright is also accompanied with other related rights going beyond reproduction of
the work; these rights are known as Neighbouring Rights. These include the right to
works derived from the original work, the right to public performance and the right to
recording and broadcasting.

The bundle of rights that constitutes copyright has two kinds of rights: (a) the
economic rights that take care of the economic interests of the author, and (b) the
moral rights, that is, the rights that concern the status, respect and dignity of the
author. The economic rights deal with issues like permission to publication or
reproduction of the work or their adaptation or translation and the right to assign or
license the copyright. The moral rights include the right to claim and be recognised as
the author of your intellectual creation, and have your name mentioned as the author
whenever your work is used; similarly the author has the right to object to the use of
the work in a manner or in a context that would compromise his honour and
reputation.

Objectives

After studying this unit, you should be able to:

• explain the meaning and nature of copyright;

• understand the subject matter of copyright;
• throw light on the rights of broadcasters and performers;
• discuss the copyright violations and penalties; and
• highlight the characteristic features of Indian copyright administration.

7.2 THE INDIAN LAW

Only original works are entitled for protection under the Act. Copyright is not
concerned with literary quality, or artistic merit or originality of thought in the work.
Ideas are not protected by copyright; only the material form of their expression is
protected provided sufficient labour, skill and judgment has been exercised. Two
authors writing independently on the same theme would produce two independent
works and copyright in each work would belong to the respective author.

Subject Matter of Copyright

The copyright shall subsist in the following classes of work:

• Original literary, dramatic, musical and artistic works;

• Cinematograph films
• Sound recording

Literary work includes computer programmes and compilations including databases.

Dramatic work includes any piece for recitation, choreographic work or entertainment
in a dumb show, scenic arrangement or acting, the form of which is fixed in writing or
otherwise.

Musical work includes graphical notation of music; it does not include any work or
action intended to be sung, spoken or performed with the music.

Artistic work means a painting, a sculpture, a drawing (including a diagram, map,

chart, plan); an engraving; a photograph; a work of architecture having an artistic
character or design, including its model; any other work of craftsmanship.
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Cinematograph film means any work of visual recording on any medium produced India
through a process from which a moving image may be produced by any means and
includes a sound recording accompanying such visual recording.

Sound recording means recording of sounds on any medium, from which the original
sound may be reproduced regardless of the medium of record or of the method used to
reproduce the sounds.

Meaning of Copyright

The copyright means exclusive right to do or authorise to do the following acts:

In the case of literary, dramatic or musical work:

• to reproduce the work in any material form, this includes storing it by electronic
means;
• to perform the work in public or communicate it to the public;
• to make any cinematograph film or sound recording in respect of that work;
• to make any translation or adaptation of the work or to do any of the above acts in
respect to any translation or adaptation of the work.

In the case of computer programmes:

• any of the acts specified above;

• to sell or commercially rent any copy of the computer programme.

In the case of artistic work:

• to reproduce the work in any material form, including depiction in 3-D of a 2-D
work or in 2-D of a 3-D work;
• to communicate the work to the public;
• to include the work in any cinematograph film;
• to make an adaptation of the work and/or to do any of the work mentioned above
in respect of the adaptation.

In the case of cinematograph film:

• to make a copy of the film, including a photograph of any images forming part of
the film;
• to sell or hire any copy of the film;
• to communicate the film to the public.

In the case of sound recording:

• to make any sound recording embodying it;

• to sell or give on hire or offer for sale any copy of the sound recording;
• to communicate the sound recording to the public.

Thus, Copyright in a work is not a single right, but it bundles several rights together,
including a negative right. Broadly, these rights can be grouped as follows:

• the right of publication;

• the neighbouring (related) rights;
• the right to prevent anybody from altering the content of the work that may
damage the author’s reputation; and
• the right of authorship or the right of paternity.
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Even after a copyright is assigned wholly to another person, the author of the work
retains the right to the claim for authorship of the work and the right to restrain or
claim damages in respect of any distortion, mutilation, modification that are
prejudicial to the honour or reputation of the author. The author has the right to
prosecute anybody who publishes the work without the author’s consent.

The artist who performs the drama or music has no right and there is no copyright in
the performance as such, even though the dramatic work and music and lyrics can be
copyrighted.

Criteria for Entitlement for a Copyright

In order to be entitled for a copyright in a work in India, its author must fulfil certain
other qualifications besides the originality of the work in respect of form of
expression. These require that the work be published in India, or if it is first published
outside India, the author, at the time of publication, be a citizen of India, or if the work
is published posthumously, the author at the time of death be a citizen of India. In the
case of unpublished work the author must be a citizen of India, or domiciled in India,
at the time of making the work. However, this does not apply to works of architecture.

The above mentioned requirements do not apply to works of foreign authors or of

foreign organisations. However, the Central Government may extend the copyright
protection under the Act to such works subject to certain conditions on the basis of
reciprocal arrangement with foreign countries in respect of grant of copyright to
Indian authors in those countries similar to those granted to their own nationals.

Spend SAQ 1
4 min.
Copyright in a literary work confers a bundle of rights on the author. What rights
make up this bundle?

SAQ 2

What does originality of a work mean in the context of its entitlement for a copyright?

7.3 WHO IS AUTHOR OR OWNER OF COPYRIGHT?

The author of the work shall be the owner of the copyright. The author means:

• in the case of literary and dramatic work, the author of the work;
• in relation to music, the composer;
• in the case of a photograph, the person taking the photograph;
• in relation to a film or sound recording, the producer;
• in the case of computer generated literary, dramatic, musical or artistic work, the
person who created the work.

But if the author is in the employment of a proprietor of a newspaper, periodicals etc.

under a service contract or makes a work for publication in a newspaper etc, then the
employer will be the first owner only for the purpose of its publication/reproduction
unless a specific provision to the contrary is specified in the Contract. For other
purposes the author will be the first owner. In the case of any photograph taken or
painting or portrait drawn, or a cinematograph film, or an engraving made for a
consideration at the instance of any person such person will be the first owner, of the
copyright.

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It is important to remember that an author may create a work when he is working Copyright Law in
under a contract or when he is not under any contractual obligation to anybody. In the India
case of contract, it could be in form of a contract of service or a contract for service.
In a contract of service, the employer directs and controls the time, and the way; the
employee would work and deliver the work. In the contract for service, a person is
hired to do a certain work but left free to decide on the course of action and the way to
work in order to deliver the work. The crucial consideration is to decide if the person
employed as part of the business for a work, which is integral to the business, or
whether the work under the contract is not integral part of the business but merely
accessory to business. If the employment and the work are integral to the business,
the contract is of service; if not, it is for service. In contract of service, the employer
is the first owner of the copyright; in a contract for service, the copyright vests in the
creator of the work.

Thus an architect commissioned to prepare the plan for a company’s buildings is an

independent contractor and has the copyright in the plans created.

There is no copyright in idea even if it is original. But if the same idea is dictated to
another person who makes a dramatic or artistic work based on that idea the work
could be copyrighted and the creator of such work is the owner of the copyright. But
if a shorthand writer takes down what is dictated by a person, the person who dictates
the content is the author and owner of the copyright.

You already know that the first requirement for a copyright to subsist in a work is the
originality of expression and form and not the novelty of the idea. Also, literary or
artistic merit is not at all a consideration for determining whether a work is entitled for
copyright protection.

We now consider a few situations which will enable you to appreciate better, what
entitles a work for copyright.

An abridgement of an original work is a product of considerable investment of

knowledge, skill and labour and presents the work in a much more precise and
concise way. Thus the abridgement itself qualifies to be an original work and is a
subject matter of copyright. Similarly, a translation of a literary work is itself an
original literary work entitled to copyright protection, if the translator has
invested sufficient labour and skill in it. However, if the original work is protected
by copyright, publication of abridgement or translation would require the
permission of the author owning the copyright, otherwise it will constitute
infringement of the copyright.

The case of books on history is slightly different. The facts of history carry no
copyrights, but their presentation can. Also, while other literary books may be for
enjoyment alone, even if fictional, a work on history propagates information and
it is expected that information contained there, or its thesis and conclusions would
be used by others. Therefore, the knowledge presented in a historical work can be
extracted. Such extraction can itself be the subject matter of a copyright.

A lecture, if it is reduced to writing before delivery, carries copyright. A lecture

delivered extempore will not carry copyright but still be protected invoking
breach of confidence. This fact holds because of the understanding that the
audience is admitted for listening the lecture but not to publish it.

Letters – private, business or government − whether handwritten or dictated, carry

copyrights.

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Dictionaries, directories, catalogues, even tambola ticket books are all subject
matters of copyright as they are original works requiring investment of thought,
skill and labour.

A single word cannot be copyrighted. The logic is two-fold. First, it is not a

creation of skill or labour; second, an exclusive right over a word would take it
away from use.

Spend SAQ 3
4 min.
What is meant by author in relation to
(a) music (b) a photograph (c) a film
SAQ 4
Who owns the copyright in the following cases – and why?
i) For a chapter in this book written by an author under contract;
ii) an architectural plan prepared by an architect for a client who had commissioned
the architect paying him a hefty fee;
iii) the translation of a literary work.

7.4 RIGHTS OF BROADCASTERS AND PERFORMERS

Every broadcasting organisation has a special right to reproduce its broadcasts within
25 years from the first day of the year following the year in which the first broadcast
is made.

During this period anybody doing the following acts without authorisation of the
owner shall be deemed to be infringing the broadcast reproduction right:

• re-broadcasting the broadcast;

• broadcasting it to the public on payment of any charges;
• making any reproduction of such sound recording or visual recording where the
initial recording was done without licence;
• selling or hiring to the public such recordings.

Every performer who engages in any performance shall be entitled to a special right
known as performer’s right. The performer’s right shall subsist until 50 years from
the beginning of the calendar year following the year in which the performance is
made. During this period the following acts if performed without the permission of the
performer shall be considered as infringement:

• making a sound recording or visual recording of the performance;

• reproducing the sound recording or visual recording of the performance;
• broadcasting the performance or sound recording in disregard of the broadcasters’
reproduction right;
• communicating the performance to the public otherwise than by broadcast.

Broadcast reproduction right and performer’s right are not infringed by

• making of a recording for private use or solely for purposes of bona fide teaching
or research;
• fair use of excerpts of a performance or a broadcast in reporting current events or
for bona fide review, teaching or research;
• by acts not regarded as infringement of general copyright discussed in sec 7.7.
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 Copyright Law in
Spend India
SAQ 5
2 min.
At a school function meant to be attended by students, their parents and the staff of the
school, a drama done by a company earlier for general public, is enacted by the
dramatic club of the students in the school. Does it constitute an infringement of the
performer’s right? Why?

7.5 REGISTRATION OF COPYRIGHT

The author or publisher of any work or the owner of the copyright in any work may
apply to the Registrar of Copyright in prescribed form, accompanied by due fees, to
enter the particulars of the work under the Register of Copyrights. The Registrar, after
holding such enquiry as he deems fit, may enter the particulars of the work in the
register. There is provision for correction of entries in the register, or rectification of
the Register. Every entry mode in the Register, or any correction or rectification is
required to be published by the Registrar in the official Gazette.

Registration confers a bundle of rights in relation to the copyright, as discussed.

However, it is not necessary to register the work for copyright. There is nothing in the
Act, which makes registration of copyright as a precondition for availing of the
remedies for infringement. Registration only provides prima facie evidence of
particulars entered, without the necessity of further proof by way of production of the
original.

7.6 ASSIGNMENT, LICENSING AND TRANSMISSION

The object of granting exclusive right is that the owner can economically exploit it for
a limited period. For the purpose of monetary benefit she can assign it or license it for
a royalty.

Assignment

The owner of the copyright may assign the copyright to another person either wholly
or partially and either for the whole term of the copyright or any part of it. The owner
may place legitimate restrictions on the use of copyright while assigning it to another
person.

Assignment is in essence a transfer of right. Registration is not compulsory for

assignment.

Unless the assignment is in writing and signed by the assignor or by her duly
authorised agent, it is not a valid assignment. The assignment should contain the
identity of the work assigned and should specify the rights assigned, the territorial
extent and period of such assignment. If the period of assignment is not mentioned it
shall be deemed to be 5 years. If the territory for the assignment is not specified it
shall be presumed to extend to whole of India. It shall also specify the amount of
royalty to be paid for the assignment. However, if the assignee does not exercise a
right assigned to him within a period of one year the assignment in respect of such
right shall be deemed to have lapsed.

Transmission

Copyright is a kind of movable property, which can be transferred by will, or

operation of law. When the owner of the work or copyright dies, the copyright will
pass to her legal heirs and if she dies in testate (without making a will) then it will go
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Awareness Course on to her personal representative. Where a person is entitled to a manuscript of literary,
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dramatic or musical work, or to an artistic work through a bequest and the work is not
published before the death of the testator, then, unless there is anything in the will to
the contrary, the bequest will include also copyright in such work.

Licences

A licence is an authorisation to do a particular act. It is a limited right where the

ownership of the copyright still remains with the author. Various rights of a work like,
publication rights, in book form or in a cinematograph form, can be licensed to
different persons. In licence the licensee gets the right to do a particular act in
accordance with the conditions imposed in the licence deed.

Compulsory Licence

If the owner of the copyright in any Indian work, which has been already published or
performed in public, refuses to republish or allow the republication of the work or
refuses permission for performance in public of the work those who are interested in
republishing the work or repetition of the performance can complain to the Copyright
Board. On satisfactory evidence and after hearing both sides the Board could pass an
order of compulsory licence to the complainant.

In the case of an unpublished Indian work a compulsory licence can be issued if the
copyright owner is dead, or unknown, or cannot be traced. The interested person can
apply to the Copyright Board for a licence to publish the work or translation in any
language.

Spend SAQ 6
5 min.
What is essential difference between assignment and licence of a copyright?
SAQ 7
Indicate if the following statements are true or false?
i) The owner of a copyright may assign the copyright to another person partially and
for a part of the term.
ii) Once the owner assigns a copyright wholly to a person, only then the assignment
must be registered.
iii) If the assignment of a copyright does not specify the period of assignment, it will
be taken to be valid for the entire term of the copyright.

7.7 INFRINGEMENT

What Constitutes Infringement

Anyone who violates the exclusive rights of the owner of copyrighted work for its
commercial exploitation or its communication to the public, without the author’s
consent or authority is infringing the copyright. Under the Act Infringing copy means:

• The reproduction of literary, dramatic, musical or artistic work;

• A copy of the cinematograph film made on any medium by any means;
• In relation to sound recording any other recording embodying the same sound
recording, made by any means;
• In relation to a programme or performance, which entails a broadcast reproduction
right or a performer’s right, the sound recording or cinematographic film of such
programme or performance.

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Copyright in a work is infringed if any person, without due authorisation of the owner Copyright Law in
of the copyright: India

• Does any act which is against the exclusive right of the copyright owner; or
• Permits for profit a place to be used for communicating the work to the public,
unless he was unaware that such communication to the public would be an
infringement of copyright; or
• Sells or hires or by way of trade displays or distributes or exhibits in public, any
infringing copy, so as to prejudicially affect the owner’s interest. However,
import of one copy for private use is not infringement.

To summarise, the infringement occurs if any of the following acts is committed

without authorisation from the author:

• Reproduction of the work in a material form;

• Publication of the work;
• Communication of the work to the public;
• Performance of the work in public;
• Making of its translations and adaptation; and
• Commercially exploiting the work, or trying to do so.

What is not Infringement

A blanket ban on reproduction of a work of science, literature and arts, either in full or
part may, in certain circumstances, become inimical to the public purpose that a
copyright is intended to serve. For example, such a total ban may, instead of
promoting and stimulating study and research in science, humanities and arts, lead to
thwart it and become counter productive. The Act, recognising such possibility,
permits copying and reproduction of and from a copyrighted work in certain
circumstances without attracting provisions of infringement. The principle behind
such statutory exceptions to infringement is one of fair dealing or fair use of the
copyrighted work, which provides balance between the copyright owner’s exclusive
rights, and the wider public interest. The fair use is to be determined by considering
whether the part reproduced or copied is substantial and amounts to plagiarism. To
determine whether the portion taken up from a work is substantial one does not
necessarily depend on the volume of the material reproduced; it is very much a
question of the importance and the import of the part picked up.

Statutory Exceptions

The Act has a long list of actions that are not to be regarded as infringement of
copyright:

• a fair dealing with a literary, dramatic, musical or artistic work for private use
including research, and for criticism or review;

• in the case of a computer programme, making copies or adaptation by the lawful

possessions of a copy of the programme for the original or back up purposes; or
for understanding its underlying principles and ideas, or for non- commercial
personal use;

• a fair dealing of the work for reporting current events in newspaper or a

periodical, or in a broadcast or a film or by means of a photograph. (The
publication of a compilation of addresses or speeches delivered in public is not a
fair dealing);

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Awareness Course on • reproduction for the purpose of a judicial proceeding or a report of judicial
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Rights proceedings; or reproduction in a work prepared by the secretariat of a legislature
exclusively for the use of members of the legislature;

• reading or reciting in public extracts from a published literary or dramatic work;

• publication of short passages in a collection for use in educational institutions.

Not more than two such passages from works by the same author can be taken.

• reproduction by a teacher or a pupil in the course of instruction, or as a part of

questions for examination or in answers to such questions;

• performance in the course of activities of an educational institution, if the

audience is limited to the staff and students and parents and guardians of the
students and persons directly connected with the institution;

• making of sound recordings in respect of any literary, dramatic or musical work,

if the person making the recordings (i) has given a notice of his intention to make
the recordings, (ii) has provided copies of all covers or labels with which the
recordings are to be sold, and (iii) has paid due royalties to the author, at the rate
fixed by the copyright Board. (No recording can be made until the expiry of two
calendar years from the end of the year in which the first recording of the work
was made).

• Playing the recording to an audience, if it is utilised in a room in a private

residence meant for the common use of residents, or in a club/organisation as part
of the amenities provided by it, and which is not conducted for profit;

• performance in an amateur club before a non-paying audience, or for the benefit

of a religious institution;

• the reproduction in a newspaper, magazine, periodical of an article on current

economic, political, social or religious topics, unless the author has reserved to
herself the right of such reproduction;

• the publication in a newspaper etc. of a report of a public lecture;

• the making of a maximum of three copies for use in a public library, if such work
is not available for sale in India;

• the reproduction for the purpose of research and/or private study, or with a view
to publishing an unpublished work kept in a library, museum or other public
institution. However, if the identity of the author of such work is known, such
reproduction is to be made only after more than sixty years have passed since the
death of the author; if there are more than one authors, the sixty years are to be
counted from the death of the author who died last;

• the reproduction of any matter, published in any official Gazette, except an Act of
a Legislature; any Act of a Legislature, if it is reproduced with any commentary
thereon or any other original matter; the report of any Committee, Commission,
Board or a like body appointed by the Government, if such report has been laid on
the Table of the Legislature, unless prohibited by the Government; any judgment
of a judicial authority unless prohibited;

• the reproduction/publication of a translation of an Act of Legislature, in any

Indian language if no such translation produced by the Government exists, or if
such government translation exists, it is not available for sale to public. However,
in such cases, it is to be stated at a prominent place that such translation has not
been authorised or accepted by the Government;

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• the making or publishing of a painting, drawing or photographs of a work of Copyright Law in
India
architecture;

• the making or publishing of a painting, drawing, engraving or photograph of a

sculpture or other artistic work, if such work is permanently located in a public
place; and

• the inclusion in a cinematograph film of any artistic work permanently situated in

a public place, or any other artistic work by way of background, or if such
inclusion is incidental to the principal matters represented in the film.
It may be noted that the exceptions to infringement in relation to a literary, dramatic,
musical or artistic work, are equally applicable in relation to any translation or
adaptation of such a work since they qualify as original works in their own right and
copyright subsists in them too. However, for publishing a translation, permission of
the author of the original work is necessary.

SAQ 8 Spend
2 min.
As a translator of a short story from Italian into English, Ram will have copyright in
the translation. Does he need to have permission from the author of the original story
in Italian?

Remedies
In case of infringement of a copyright the owner of the copyright can file a suit in a
district court having jurisdiction seeking remedies by way of (i) injunction,
(ii) damages, (iii) accounts or (iv) otherwise. The owner of copyright includes an
exclusive licensee, and in the case of an anonymous or pseudonymous literary,
dramatic, musical or artistic work, the publisher of the work, until the identity of the
author is satisfactorily established. In the case of such a work under joint authorship,
it is sufficient that the identity of any one author is satisfactorily established.
Injunction is a normal remedy, though discretionary on the part of the court. It stops
the infringement during the pendency of the proceedings and ensures that no further
loss/damage is caused to the owner of the copyright during the period when the
injunction is in force.
Damages account for the loss in money terms suffered by the owner of the copyright
due to infringement.
Accounts relates to the accounts of net profits earned by the defendant (infringer). If
there are no profits, accounts is not ordered as a remedy.
Damages and accounts are alternative remedies; the owner can choose only one of
them, not both.
Otherwise, as a remedy, is a general provision authorising the court to grant such
other reliefs as the court may deem necessary for complete redressel of the complaint,
e.g., destruction of the infringing material.

SAQ 9 Spend
2 min.
A book is published under a pseudonym. Who is the owner of the copyright in this
case?

Penalties

A person who knowingly infringes or abets the infringement of a copyright is

punishable with imprisonment ranging from six months to three years, and with a fine
ranging from fifty thousand rupees to two lakh rupees. If the infringement has not
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imprisonment and the amount of fine and mention the reasons for doing so in the
judgement.

In the case of second, and every subsequent, conviction the term of imprisonment is
minimum one year that may go up to three years, and the amount of fine is minimum
one lakh rupees that may go up to two lakh rupees.

A person who knowingly uses on computer an infringing copy of a computer

programme is punishable with a prison term ranging from seven days to three years
and a minimum fine of fifty thousand rupees which may go up to two lakh rupees.
However if the use has not been for gain or in trade or business, the court may not
impose a prison term and may impose a fine, which may go up to fifty thousand
rupees; the reasons for reduced sentence are to be mentioned in the judgment.

A sound recording is required to display on the recording itself, and on the container,
the names and addresses of the person making the recording, and the owner of the
copyright, as also the year of its first publication. Similarly, a video (cinematograph)
film has to show the following particulars in the film, as well as on the video cassette
or other container: a copy of certificate granted by the Board of Film Certification;
the name and address of the person making the film with permission from the owner
of the copyright to make such film; the name and address of the copyright owner.

A person making a sound recording or a video film, which contravenes these

provisions, is punishable with imprisonment up to three years and shall also be liable
to a fine.

7.8 INTERNATIONAL COPYRIGHT AND COPYRIGHT

SOCIETIES

India is a party both to the Berne Convention for Protection of Literary and Artistic
Works (1886) and the Universal Copyright Convention of the UNESCO besides the
TRIPS Agreement of the World Trade Organisation. The Berne Convention rests on
three basic principles: (a) national treatment, under which works originating in a
member-state are to be given the same treatment in each of the other member states as
given to works of their own nationals; (b) automatic protection, according to which
such national treatment is automatic and not dependent on any formality; (c)
independence of protection according to which enjoyment and exercise of the rights
granted is independent of the existence of protection in the country of origin of the
work. The principle of national treatment also informs both the Universal Copyright
Convention and the TRIPS Agreement. In keeping with its international obligations
under these treaties India extends the same copyright protection to foreign nationals as
it gives to its citizens on the basis of reciprocity, that is, if a foreign country accords
the similar protection in matter of copyright to citizens of India, as it does for its own
citizens. The Government of India under the Act has the power to extend all or any
provisions of the copyright Act to a foreign work on a reciprocal basis. International
Copyright Order, 1999, governs such action.

Similarly, works brought out by international organisations have copyright protection

in India.

Every order of international copyright is however, required to be laid before both

Houses of the Parliament and is subject to any modifications that the Parliament may
make.

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Copyright Societies Copyright Law in
India
The task of marketing and managing the monetary aspect of their works may be quite
a bother for the authors of literary, dramatic, musical, artistic work, who have to make
heavy investment of intellect and creative talent in producing a work worthy of a
copyright. A copyright Society is a lawful body that safeguards the interests of owners
of copyright works. Before the Copyright (Amendment) Act, 1994 came into force the
law recognised Performing Rights Societies, which only granted licences for the
performance of a copyrighted work. The amendment of 1994 transformed the
performing Rights Societies to Copyright Societies and enlarged their scope from
merely granting licences for performance in public to include all rights in a
copyrighted work. Thus the functions of the copyright societies include

• granting licence for reproduction, communication to the public and performance

in public of a copyrighted work;
• trace infringement of copyright and take legal action against infringement.

Ordinarily, no more than one copyright society is registered to do business in one

class of works. Registration of a society can be suspended, or cancelled if it functions
in a manner detrimental to the interests of copyright owners. A copyright society has
to get an exclusive authorisation from an owner to administer any right in a work by
issuing licenses and/or collecting licence fees; the owner can withdraw such
authorisation later. The society can enter into agreement with any foreign society or
organisation dealing in similar rights to administer Indian copyrights abroad, or
foreign copyrights in India. The copyright society distributes the fees collected by it in
pursuance of licence among the owners of rights, after deducting its own expenses.

SAQ 10 Spend
3 min.
What is meant by international copyright and how is it obtained?

Copyright Board

The Central Government has constituted a Board called the Copyright Board, which
consists of a Chairman and not less than two and not more than fourteen other
members. The tenure of office of the Board is prescribed by the Central Government.

The Chairman of the Copyright Board shall be a person who is or has been a judge of
High Court or is qualified for appointment as judge of High Court. The Registrar of
Copyrights will function as Secretary of the Board.

7.9 SUMMARY

• The Copyright is an intellectual property right attached to original works in which

the right subsists.

• In India copyright is applicable to literary, dramatic, musical, artistic,

cinematograph film, sound recording and computer programmes.

• Copyright is assigned to a fixed work not an idea.

• The creators of these intellectual properties viz. writer, playwright, music

composer, painter, photographer, film producer, sound recorder, programmer and
architect are the natural owners of the copyright. In case of contractual
assignments, the terms of contract dictate the ownership of the copyright.

• The neighbouring rights associated with copyright include rights to perform,

rights to recording and rights to broadcasting. The owner of the copyright in a
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Awareness Course on work may apply to the Registrar of Copyrights for registration of the particulars of
Intellectual Property
Rights
the work in the Register of Copyrights. The Registrar after due enquiry makes
entry in the Register, and publishes it in the official Gazette. However,
registration is not compulsory. Remedies against infringement are available even
if the copyright is not registered. However, registration has advantage in making
defence of rights easier.

• The Act confers upon the owner of the copyright the power to exploit the same for
the period prescribed under the Act.

• Terms of copyright for different kinds of work are different. They are
summarised as under:

i) In a published literary, dramatic, musical and artistic work (other than a

photograph)

− Sixty years from the beginning of next calendar year following the
year in which the author dies; in the case of a work of joint authorship,
the reference to the death of the author shall mean the death of the
author who dies last.

− If such work is published anonymously pseudonymously, sixty years

from the beginning of the calendar year following the year of first
publication of the work, and if the identity of the author is disclosed
before the expiry of the said period until sixty years from the
beginning of the year following the year in which the author dies. In
the case of joint authorship, the reference to the author shall be taken
to mean the author who dies last.

− If such work is published posthumously, sixty years from the

beginning of the next year following the year in which the work is first
published.

ii) In a photograph/cinematograph film/sound recording.

− Until sixty years from the beginning of the year following the year in
which the photograph/cinematograph film/sound recording is first
published.

− In the case of a work where the first owner of copyright is

government/public undertakings/international organisations sixty years
from the beginning of the next year following the year in which the
work is first published.

iii) In the case of broadcasts

− 25 years from the beginning of the next year following the year in
which the broadcast was first made.

iv) In the case of performances

− 50 years from the beginning of the next year following the year in
which the performance was first made.

• The copyright can be assigned, where the ownership of right in whole or in part is
transferred to the assignee.

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• The copyright can also be licensed to perform some acts like reprinting, Copyright Law in
India
translation etc., where the ownership of right remains with the original owner.

• Unauthorized reproduction of copyrighted material, publication of such work,

copying of film on any medium, recording any other sound recording by any
means, performance of work in public, translation, adaptation or commercial
exploitation of the copyrighted material amount to infringement of copyright.

• In public interest, some statutory exceptions are provided to copyright. These

include fair use of copyrighted material for educational purposes, reproduction in
newspaper for reporting purposes etc.

• The infringement can be compensated by injunction, damages, accounts or

otherwise.

• The penalties for copyright violation may range from fine to imprisonment or
both.

• Copyright societies grant licences for public performances and also regularize the
other activities related to copyright material.

7.10 ANSWERS AND HINTS TO SAQs

SAQ 1

The copyright on literary work includes rights of translation, serialization and

adaptation for dramatic or cinematographic version.

SAQ 2

Copyright protects originality of the material form of expression of an idea and not the
idea itself.

SAQ 3

a) The composer of music

b) The photographer
c) Film producer

SAQ 4

i) The moral right remains with the person who writes the chapter, but the economic
rights will be decided by the terms of contract.
ii) the architect
iii) the translator, if the translation has the permission of the author owning the
copyright in the original work.

SAQ 5

No, since it is not a public performance but only for a select audience without profit
making motive.

SAQ 6

In assignment, the ownership of rights is transferred to the assignee whereas in

licence, only particular acts are allowed, with ownership remaining with the author.
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Awareness Course on
Intellectual Property
Rights
SAQ 7

i) T
ii) F
iii) F

SAQ 8

Yes

SAQ 9

Till the identity of author is established, the publisher is the copyright owner of such
book.

SAQ 10

Any work, entitled for copyright, originating in India, gets automatic protection in all
countries party to the Berne Convention for protection of literary and artistic works.
India also grants national treatment in matters of copyright protection to nationals of
all member States of the Berne Convention, the Universal copyright convention and
the TRIPS Agreement on the basis of reciprocity. No special formalities are required
for seeking international copyright.

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