Copyright Act 1957

TheCopyright Act, 1957(as amended by the Copyright

Amendment Act 2012) governs the subject of copyright law
inIndia, & comes under the Intellectual Property Rights.
BY:
Ayush Shah (J035)
Partha Sharma (J036)
Raj Shekhar (J037)
Manav Sheth (J038)
Mangalam Singhal (J039)
Rimisha Yadav (J041)

Flow of Presentation

Introduction

Nature of Copyright

Subject matter of Copyright

Terms of Copyright

Ownership of Copyright

Rights conferred by Copyright

Introduction

The object of Copyright law is to encourage authors, composers,

artists, and designers to create original works by rewarding them
with the exclusive right for a limited period to exploit the work for
monetary gain.

Copyright law include the rights of reproduction of the work,

communication of the work to the public, adaptation of the work
and translation of the work.

The scope and duration of protection provided under copyright law

varies with the nature of the protected work.

Apart from above copyright act affects the manufacturing industry

as a whole.

This gives better protection than patent. Patent expires after 14

years, whereas copyright protection usually extends beyond 50100 years after the author dies.

Infringement of Copyright

Infringement means unauthorized and illegal reproduction of work of

others.

Remedies against Infringement:

o Civil remedies A plaintiff in a suit for infringement of his
copyright can seek following civil remedies:
Search and seizure order
Injunction
o Criminal remedies The infringement of copyright is not a civil
wrong but also an offence. The plaintiff can , in addition to civil
suit, also file criminal proceedings against infringer.
o Administrative remedies The Registrar and copyright board
have also been vested with some power to check violation of
copyrights.

Nature of Copyright

Nature of Copyright

Scope of copyright:
Copyright is a creation of statute. No person is entitled to
copyright or any similar right in any work except those provided
under the Copyright Act.
Multiple right:
Copyright is a multiple right consisting of a bundle of different
rights in the same work. These rights can be assigned or licensed
either as a whole or separately.
Ideas:
There is no copyright in ideas. Copyright subsists only in the
material form in which the ideas are expressed.
Labour, Skill and Capital:
In order to secure copyright protection what is required is that the
author must be bestowed upon the work sufficient judgment, skill
and labour or capital. It is immaterial whether the work is wise or
foolish, accurate or inaccurate, or whether it has or has not any
literary merit.

Nature of Copyright

Original:
Copyright subsists only in original work. The originality which is
required, relates to the expression of thought but the expression
need not be in an original or novel form, but that the work should
originate from the author.

Nature of rights and work:

The nature of the rights conferred on the owner of the copyright
depends upon the nature of the work.

Work immoral, illegal, etc.:

The copyright protection is not granted where the work is
immoral, illegal, defamatory, seditious, irreligious or contrary to
public policy or calculated to deceive the public.

Subject Matter of Copyright

Subject Matter of Copyright

Copyright usually subsists in certain classes of works:

a) Literary, dramatic, musical and artistic works.
b) Cinematograph films.
c)

Sound recordings.

Qualification for Copyright Subsistence

Apart from being original, works should satisfy the following conditions:
(1) In the case of published work , the work is first published in India or
(2) Where the work is first published outside India, the author, at the
date of publication must be a citizen of India. If the publication was
made after the authors death, the author must have been at the time
of his death a citizen of India.
(3) In the case of an unpublished work ,the author is at the date of the
making of the work a citizen of India or domiciled in India. This does
not apply to works of architecture.
(4) Incase of work of architecture, the work is located in India.

Literary Works
Copyright subsists in original literary work i.e., the work should
not be copied from another work but must originate from the
author itself.

Literary work are not confined to works of literature in the

commonly understood sense but includes all works expressed
in writing whether they have any literary worth or not.

A literary work must be expressed in some material form i.e.,

written or print or in some form of notation or symbols.

Dramatic Works

Copyright subsists in original dramatic work and its adaptation.

Dramatic works includes plays, screenplays, scripts, choreographic

notation, choreographic shows and scenarios for a film(butnot
the film itself). Any work that is intended to be performed
dramatically is a dramatic work.

A dramatic work does not include a cinematograph film because it

is a separate subject-matter for copyright.

Musical Works

An original adaptation of a musical work is also entitled to

copyright.

If a musical arranger so decorates, develops, transfers to a

different medium or otherwise changes the simple music of a
popular song as to make his arrangement fall within the
description of an original musical work, such arrangement is
capable of attracting an independent copyright.

Artistic Works

Artistic work means painting, a sculpture, a drawing, a

photograph, a work of architecture etc.

To qualify for copyright protection an artistic work must be

original, i.e. that it must originate from the author.

Copyright can be claimed only in the original artistic work

produced by a natural person by the expenditure of his personal
skill labour.

Cinematograph Films

Means any work of visual recording on any medium produced

through a process from which a moving image may be produced.

Copyright protection is available only to the cinematograph film

including the sound track.

The cine artist who act in the film are not protected by copyright
law for their acting.

A cinematograph film may be taken of a live performance like

sports events, public functions or dramatic or musical
performance.

Sound Recording

Copyright will subsist in a sound recording only if it is lawfully

made.

Musical works and sound recordings embodying the music are

considered separate subject-matter for copyright.

The publication of any sound recording in respect of any work is

prohibited unless the sound recording displays the following
particulars:
name and address of the person making the sound recording and
the owner of the copyright in the work and year of its publication.

Terms of Copyright

Terms of Copyright
Type of Work

Duration of Copyright

Published Literary, Dramatic, Musical, copyright subsists during the lifetime

Artistic works (other than photograph) of the author plus sixty years. from the
beginning of the calendar year next
following the year in which the author
dies.
Literary, dramatic, musical or artistic
work (other than a photograph), which
is published anonymously or
pseudonymously

copyright shall subsist until sixty years

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

Sound Recording , Cinematograph

films and photographs

copyright shall subsist until sixty years

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

Terms of copyright

In a case of work that has more than one author, the 60 year
period will be counted from the year after the death of the author
who dies last.

Where the first owner of the copyright is the Government or a

public undertaking the term of the copyright is sixty years
beginning of the calendar year next following the year in which
the work is first published. In case of international organization
works also the term is same

Author & Ownership

of Copyright

Who is an Author?

In the case of a literary or dramatic work the author, i.e., the

person who creates the work.

In the case of a musical work, the composer.

In the case of a cinematograph film, the producer.

In the case of a sound recording, the producer.

In the case of a photograph, the photographer.

In the case of a computer generated work, the person who causes

the work to be created

Ownership of Copyright
Author may create work on
o

His behalf, in this case author is the owner of the copyright

or,

At instance of other person, in absence of any agreement to

the contrary the person at whose instance the work is made
is the owner of copyright or,

In the course of employment by other person, in this case

ownership depends on nature of employment.

Ownership of Copyright
Originator of a brilliant idea is not the owner of the copyright of
the work
If a person has a brilliant idea for a movie, play or picture and if he
communicates it to an author or artist then based on that idea is
the copyright of the person who has clothed the idea in form of
movie, book or play.
Originator of the idea has no right to the product, copyright
subsists not in ideas but in tangible form in which it is expressed.

Nationality Requirement for Ownership

1.

Copyright in an architectural work will subsist only if the

work is located in India irrespective of nationality of author.

2.

In respect of literary, dramatic and artistic work it is an

Indian work if,
a.

Author is an Indian citizen or,

b.

It is published in India or,

c.

the author of which, in the case of an unpublished work

is, at the time of the making of the work, a citizen of India

Author of Employee

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
shall, in the absence of any agreement to the contrary, be the first
owner of the copyright in the work

In all other aspects author will be the owner of the copyright.

In Government Department, government is the first owner of

copyright. Same rule is applicable to work made in public
undertaking.

Author of Employee

In case of commissioned work the person at whose instance the

work is made is the owner of the copyright.

In case of employee teacher , if teacher writes a text book on

the subject he teaches then, he is author of the work and is
entitled to the copyright.

In Examination question paper ,copyright is vested in paper

setter who is the author.

In case of collective work like encyclopaedia or dictionary, the

first owner is person who has collected, edited and organised the
work.

Rights Conferred by Copyright

Moral Rights
The right to decide whether or not to publish the work (the
right of publication)
The right to claim authorship of a published or exhibited work
(the right of paternity)
The right to prevent alteration and other actions that may
damage the authors honour or reputation (the right of
integrity)

These rights remain with the author even after the transfer of
copyright and the protection lasts during the whole of copyright
term.

If the author desires to transfer these rights also he can do so

specifically in writing in the deed of assignment.

Performing Artists Rights

An artist who performs a dramatic or musical work has no right in
relation to his performance except that which exists from the
contract with the organisers of the performance under which he
performs.

Literary,Dramatic or Musical Work Rights

i.

To reproduce the work in any material form,

ii.

To publish the work,

iii.

To perform the work in public

iv.

To produce, reproduce, perform or publish any translation of

work,

v.

To make any cinematograph film or record in respect of the

work,

vi.

To communicate the work by broadcast or to communicate the

to the public by loudspeaker or any other similar instrument
the broadcast of work,

vii.

To make any adaptation of the work, and

viii. To do in relation to translation or an adaptation of the work of

the acts specified in relation to the original work.

Artistic Works Rights

To reproduce the work in any material form
To publish the work
To include the work in any cinematograph film
To make any adaptation of work
To exercise any of rights referred to in 1 and 3 in relation to
adaptation of the work.

Cinematographic Films Rights

To make a copy of the film
To cause the film to be seen or heard in public
To make any record of the sound track of the film
To communicate the film to the public by broadcast.

Records
To make any other record embodying the same recording by
utilizing the record.
To cause the recording embodied in the record to be heard in
public, by utilizing the record
To communicate the recording by broadcast, utilizing the
record.

Court Case
R. G .ANAND V/S DELUX FILMS

Brief Description of the Case

The Appellant: R. G. Anand, wrote and produced a play called Hum

Hindustani in 1953 which received huge success and was re-staged
numerous times.

With the increasing popularity of the play, Mr. Mohan Sehgal

(Filmmaker) , got in touch with the Appellant. The Appellant narrated
the entire play Hum Hindustani and had elaborate discussions
regarding filming the play in January, 1955. However, no further
communication was made to the Appellant post the discussion.

Respondents in the month of May 1955 commenced the making of the

film New Delhi, which the Appellant believed to be based on his play.
Nevertheless, the Respondents guaranteed him that the movie had no
resemblance and was not remotely related to his play

After watching the film Anand felt that it was entirely based on his play
and consequently filed a suit against Delux Films (Producing house)
from infringement of his Copyright in the play Hum Hindustani

Arguments by both sides

Finally the case came before the supreme court

Arguments by the Appellant
The similarities between the play and the movie are so close
that an inference can be easily drawn that the movie is indeed
an imitation of the play.
The opposite party was already familiar with the play before
directing the movie and it was on the basis of the play they
decided to make the movie.

Arguments by the Respondent

They claimed that motion pictures was different from a play in
its content spirit & climax
Some similarities could be explained because both were based
on the same idea or theme. Therefore there could be no
copyright on the subject or idea of the theme

Supreme Courts Position on the Case

Thus the position appears to be that an idea , principle ,theme or

subject matter on historical or legendary facts ,being common property
cannot be subject matter of copyright of a particular person. It is
always open to any person to choose an idea as a subject matter and
develop it in its own manner and give expression to the idea by
treating it differently from others. When two writers write on the same
subject similarities are bound to occur because the central idea of both
are the same but the similarities or coincidences by themselves cannot
lead to irresistible inference of plagiarism or piracy.

JUDGEMENT: there was no copyright violation in the case.

Thank You!