Law of Copyrights and

Infringement

By
Vikram Pratap Singh Thakur
Brain League IP Services

© Brain League IP Services Pvt. Ltd.

Agenda

• Basics about Copyrights

• Infringement
• Remedies
Philosophy of Copyright Law

• “To promote the Progress of Science and useful

Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their
respective Writings and Discoveries”
 Quid Pro Quo
 Gives a creative work and takes exclusive rights
Generic Life Cycle

• Author
• Creative Work
• Copyright (Exclusive Rights)
• Term
• Public domain
Nature of Copyright

• Idea/Expression
• Original
 Originate from author

• Modicum of Creativity
• Registration
Copyrightable Subject Matter

• Literary
• Dramatic
• Artistic
• Musical
• Cinematograph Films
• Sound Recordings
Literary work

• Print or Writing Books

• Poems
• Computer programs
• Tables
• Compilations
N. T. Raghunathan v. All India
Reporter Ltd
• AIR came up with head notes to case, which
included important excerpts from the case.

• Raghunathan copied those head notes.

• Held that head notes are protectable under

copyright law - Copying them is violation of
copyright
V. Govindan vs. E. M.
Gopalakrishna Kone and another
• Compilation of a English - Tamil Dictionary
• The Appellants copied the dictionary slavishly
• Errors, arrangement and words.
• For a different purpose but retained words not necessary
• Dictionary is protectable under copyright - creative
• Held - liable
Dramatic Work

• Drama
• Piece for recitation
• Choreographic work
• Entertainment in a dumb show Scenic
arrangements or acting form - fixed in writing or
otherwise
Musical Work

• Music
• Graphical notation
• Does not include - words or action - sung,
spoken or performed with music
Artistic Work
• Painting
• Sculpture
• Drawing
• Engraving
• Diagram
• Map
• Chart
• Plan
• Photograph
• Architecture
Cinematographic work

• Visual recording
• Any medium
• Produced through a process
• Moving image
• Including Sound recording
Sound Recording

• Recording
• Any medium
• Produce sounds
R.G. Anand vs. Delux Films
and Ors.
• Play

• Two families - Punjabi and Madrasi family - neighbours -

Closely associated - Amni and Chander - Parents come to know
- families relation strained - Girl and Boy decide to commit
suicide - They write a letter - Parents on seeing letter realize
the mistake - Marry them - Everyone happy.
R.G. Anand vs. Delux Films
and Ors.
• Movie

• Anand young graduate from punjab comes to delhi - Fights with

the girl 'Janaki'- Tries to find a place for rent but people refuse
to give to any one except south Indians - Disguises as a south
indian and gets a place to stay - Meets the girl Janaki again –
falls in love - Boy's parents come to Delhi - Girl's parents get to
know the identity of Anand - Relations strained - Janaki decides
to commit suicide leaving a letter - Parents realize and get
youngsters married.
R.G. Anand vs. Delux Films
and Ors.
• Ideas not protected - Only Expression protected.
• It is infringement only if the expression of thought is copied.
• To prove copying it need not be an exact copy, It is enough if
the substantial portion has been copied - Substantial similarity
in incidents, scenes and treatment.
• Two works showing the same emotion would not be copies
unless the expression has been copied.
• Colourable imitation amounts to violation.
R.G. Anand vs. Delux Films
and Ors.
• Test - affect produced on the mind of a person - If the
reader, spectator, person feels that a subsequent work is
a copy of the original.

• There can be no copyright in an idea, subject matter,

themes, plots or historical or legendary facts and violation
of the copyright in such cases is confined to the form,
manner and arrangement and expression of the idea by
the author of the copyrighted work.
Ownership

• First Owner – Author

• Sound recording and Cinematograph film –
Producer
• Employment – Employer
 Contract of service

• Commissioned work
 Valuable consideration
Term
• Literary, Dramatic, Artistic or Musical works
 Life plus sixty years
• Photographs – Sixty years
• Government - Sixty years
• Cinematographic work - Sixty years
• Sound recording – Sixty years
• Public undertaking – Sixty years
• Anonymous works
 Sixty years
 Owner details known, lifetime + sixty years
• Posthumous works
 Sixty years
Exclusive rights
• Bundle of rights
• Reproduction
• Issue copies
• Distribute
• Public performance or communication
• Translation
• Adaptation
• Sell or Hire
Moral Rights

• Paternity - authorship
• Integrity - prevent distortion, mutilation,
modification
• Section 57
Performer's rights
• Actor, Musician, Juggler, Snake charmer, Acrobat,
Lecturer, etc
• Term - 50 years
• Rights
 Make sound recording or visual recording
 Reproduce sound or visual recording of performance
 Communicate to public
 Broadcast or otherwise
Transfer of Copyright

• Assignment or License
• Valid only if it is in writing and signed by
assignor or agent
• Reversion of License - 1 year
Compulsory License
• Conditions
 Published or Performed in public
 Author refuse to republish or perform
 Not reasonable terms
 Withheld from public
Infringement

• Section 51
• Any person
• Without license
 Owner
 Registrar

• Does anything that is exclusive right of

copyright owner
• permits for profit any place to be used for the
communication of the work
Infringement

• Any person
 makes for sale or hire,
 sells or lets for hire,
 displays or offers for sale or hire.
 Distributes
 Exhibits
 Imports
Infringement
• Existence of copyright
• Owner of copyright
 Copying
 Access
 Substantial similarity
• D Narayan Rao v. V. Prasad
– Two and a half minute speech in a three hour movie

• Look and feel test

Bradford v. Sahara
• Romance novelist Barbara Taylor Bradford - A Woman of
Substance
• Sahara TV - 260 PART Television series in India
• Karishma - Miracles of Destiny - 13 million dollars USD
• Servant to head of an international organization
• Street sweeper to head of an international corporation
• Woman looking back on her life narrates
• Idea not expression - Held not liable
Exception to copyright infringement
• Private use
• Teaching and Education
• Research
• Criticism or Review
• News reporting
• Judicial proceeding
• Legislative proceedings
• Archival for library
Civil Remedies

• Injunction
• Damages
• Costs
Criminal Remedies

• Imprisonment
 6 months to 3 years

• Fine
 50,000 - 2 Lakhs
 THANK YOU

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