Copyright Law In India

Articles, Intellectual Property Law

Copyright Law In India

September 6, 2024

Author: Mahi, Vivek College of Law, Bijnor (U.P.)

Edited By: Gyanu Patel, Amity Law School, Lucknow (U.P.)

INTRODUCTION

Intellectual property is a category of that property includes the intangible creation of the human intellect. There are many types of Intellectual Property Trademarks, Patents, Trade secrets, and copyright. Intellectual property is the root of copyright. Copyright is the right vested in a creator of some works these works include literary work, Artistic work, Musical work, Dramatic works, etc. Examples are books, paintings, music, movies, etc. It also includes computer programs. A computer program is a code that is also considered to be a creative work. Copyright in India is governed by the Indian Copyright Act, of 1957 and Copyright Rules of 2013. Under the Copyright Act, 1957 total Sections is 79 total of chapters is 15 the Copyright Act was amended in the year of 2012.

As per Section 14 of the Copyright Act, of 1957 copyright is an exclusive right that is given to the author of the works. For such as original literary works – Sec.2(o), original Artistic works – Sec.2(c), Dramatic works – Sec.2(h), cinematography – Sec.2(f), sounds recording – Sec.2(xx). The creator of the work gets the right to make copies of the works distribute copies, sell copies, translate their work, broadcast rights, the right to perform publicly, and so on.

India is also party to the Berne Convention, of 1886 which affords minimum protection to authors, musicians, poets, painters, publishers, and other artists. The WIPO Performance and Phonograms Treaty of 1996 of protection to the performers and producers of phonography for economic rights such as the right to sell reproduce distribute etc. The WIPO Copyright Treaty of 1996 under the Berne Convention of the protection of the author’s works in the digital era. Now this treaty was the first time when the computer program and database were added in the copyright legislation of the WIPO following nations. Now these conventions ensure international protection for copyright owners.

KEYWORDS: – Section 14, author original works, protection of original creation, infringement of copyright, creativity.

OBJECTIVE

The aim of the copyright act is to protect the creator’s original creation and encouragement of creativity. Creators can economically benefit from their work. In one line we can say that the purpose of copyright law is to protect and promote creativity and originality.

HISTORY OF COPYRIGHT

The history of copyright law dates back to the early 18^th century with the passage of the Statute of Anne in 1710 in England. This Statute is widely regarded as the first piece of legislation to recognize authors’ rights, granting them exclusive rights to publish and sell their works for a limited time, typically 14 years, with the possibility of renewal for another 14 years. This early law was significant as it shifted the control over literary work from printers and publishers to authors, promoting the idea that creators should benefit financially from their creations.

In the United States, the foundation of copyright law was established in the Constitution, which granted Congress the power to promote the progress of science and the arts by securing exclusive rights to authors and inventors. The first U.S. copyright law was enacted in 1790, offering Protection for books, maps, and charts for 14 years, with a renewal option for another 14 years.

Over time, copyright laws evolved to adapt to new forms of media and technology. The Berne Conversation for the Protection of Literary and Artistic Works, established in 1886 was a landmark international agreement that set common standards for copyright protection across member countries.

In India, the history of copyright law began with the Indian Copyright Act of 1914, which was based on the UK Copyright Act of 1911. This Act provided basic protection for literary, musical, and artistic works. The major overhaul came with the Copyright Act of 1957, which was comprehensive and tailored to Indian needs. Over the years, it has been amended several times to address technological advancement and align with international treaties like the Berne Convention and the TRIPS Agreement. The most recent amendment in 2012 introduced significant changes, including provisions for digital rights and improved protection for authors and creators.

MEANING OF COPYRIGHT

Copyright is a protective shield for Creators ensuring their hard work and creativity are respected and rewarded. In other words, copyright means a legal right granted to the creator of an original work, giving them exclusive control over how their work is used. This means they can decide who can copy, distribute, or adapt their works, and they can earn money from it too.

DEFINITION OF COPYRIGHT

ACCORDING TO OXFORD DICTIONARY:- “Copyright is an exclusive right given by the law for a certain term of year to an Author, Composer, etc.(or his assignee) to print, publish and sell copies of his original work.”
AS PER SECTION 14 OF COPYRIGHT ACT, 1957:- “Copyright is an exclusive right subject to the provision of this Act, to do or authorize the doing of any numbers of prescribed acts in relation to sound recording, artistic work, computer program, literary dramatic and musical works, cinematography films.”

DOCTRINES OF COPYRIGHT

DOCTRINE SWEAT OF BROW(UK): – This doctrine acknowledges that even if a work lacks originality, the efforts and labor invested in creating it can still merit copyright protection. For example, a database compiled through extensive research and effort may be protected, even if the data itself is not original, due to the significant efforts involved in its organization and compilation.
DOCTRINE MODICUM OF CREATIVITY(USA): – This principle requires that a work must contain at least a minimal level of creativity to qualify for copyright protection. It does not need to be highly inventive, just sufficient original. For example, a unique arrangement of words or a creative choice in layout or presentation can qualify a work for copyright, such as a short poem or a distinctive graphic design.
DOCTRINE OF MERGER (India):- This doctrine asserts that copyright does not extend to the idea of facts but only to their expressions. When an idea can only be expressed in one or very few ways, the expression itself may not be protected. For instance, a specific plot line or character concept in a story might be unprotected if it is the only feasible way to convey the idea, whereas the detailed narrative and unique writing style would still be protected.

Each of these doctrines plays a crucial role in defining the scope and limitations of copyright protection.

LEGAL PROVISION OF COPYRIGHT

Chapters	Sections	Legal provision
Chapter 1	Section 2 Section 3	Define Artistic, broadcasting, etc. interpretation. Meaning of publication.
Chapter 2	Section 9	Copyright Office.
Chapter 3	Section 13 Section 14	Which works are included in the copyright? Definition of copyright.
Chapter 4	Sections 17 to 21	Ownership and rights of owner.
Chapter 5	Sections 22 to 29	Term of copyright.
Chapter 7	Section 33	Copyright societies.
Chapter 10	Section 44 to 50A	Registration of copyright.
Chapter 11	Section 51 Section 52	Copyright infringement. Certain acts are not an infringement of copyright.
Chapter 12	Section 57 Section 62	Author’s special rights. Jurisdiction.

SECTION 17 OWNERSHIP

The general rule is that if you create a character or any copyright property, you are the owner of their work. However, if the work is created during employment the copyright typically belongs to the employer, not the employee. Despite this, the employee retains moral rights to the work, which include the right to be recognized as the author and the right to object to derogatory treatment of the work.

RIGHTS OF THE OWNER

There are three types of rights of the owner under the copyright that is economic rights, moral rights, and neighboring rights. These rights are discussed below:

Economic rights: – It is a several exclusive rights typically attached to the holder of a copyright…

To produce copies or reproduction of the work and sell those copies including typical and electronic copies.
To translate own work into any language.
To export and import their work.
To perform or display the work publicly.
To create derivation works.
To sell, assign, and transfer this right to others.
To distribute the work in the market and make money out of it.

Moral rights:- The moral rights of the owner have been provided under section 57 of the Copyright Act,1957. There are three basic moral rights which are-

Right to paternity:- To claim authorship of work and to prevent all others from claiming authorship of his work.
Right to integrity:- To prevent distortion, mutilation, or other alteration of his work, or any other action in relation to said work, which would be prejudicial to his honor or reputation. In short, economic rights provide creators with financial control over their work, and moral rights protect the personal and ethical interests of the creator, ensuring the integrity and reputation of their work.

Neighbouring right:- In copyright law, related rights are the rights of a creative work not connected with the works of the actual author. It is used in opposition to the term author right.

Rome Convention for the Protection of Performer, Producer of phonograms and Broadcasting organization 1961. This convention dealt with Neighbouring rights.

TERM OF COPYRIGHT

The general rule is that copyright lasts for 60 years its conduct.

From the death of the author (author lifetime + 60 years )	60 years from the date of publication
· Original literary	· film
· Dramatic work	· Sound recording
· Musical work	· Posthumous publication
· Artistic work	· Anonymous and pseudonymous publication.
	· Works of government and international organizations.

NOTE:-

Photographs – earlier 60 years from publication but after the 2012 Amendment 60 years from the death of the photographer.
If an Anonymous author is found then the Author’s lifetime + 60 years.
If there is joint authorship in a Posthumous publication and one of the authors is living then also author’s lifetime +60 years.

COPYRIGHT REGISTRATION

First of all copyright registration is not compulsory.
Acquisition of copyright is automatic with the creation of the work.
Registration as a prima facie evidence copyright symbol (sec.48)

Only can apply: Apply registration of the copyright of that person who is the author, publisher, owner, and any other person who is interested in copyright.

Where can apply: The applicant can apply for registration of copyright in the copyright office located in New Delhi or the official website at copyright.gov.in

Copyright registration fees

Literary, Musical, Dramatic, Artistic	Rs. 500 to 5,000
Broadcasting communication	Rs. 40,000
Cinematograph Film	Rs. 15,000
Sound Recording	Rs. 10,000
Public performance	Rs. 5,000
Translation	Rs. 5,000
Disability format	Rs. 2,000

Benefits of registration

Economic stability.
Safeguard of owner.
Legal protection
Worldwide protection.
Brand value.
Owner publicity.
Copyright is an asset.

INFRINGEMENT OF COPYRIGHT

It means any person who uses the creator’s copyrighted work without the permission of the creator author or owner. Infringement of copyright occurs in various situations such as:

Performing the copyright in public without permission or authorization.
Produced copies, reproduction, and sells the copyright without permission of the owner.
Download and upload the online material without permission or authorization.
Created work based on the original without an owner.
Edited and modified copyright software without permission or authorization.
Use the copyrighted text, image, and video without permission of the owner.

EXCEPTION OF COPYRIGHT

Section 52 of the Copyright Act, of 1957 provided a certain exception to the infringement of copyright. Such acts which do not constitute infringement are when such work is used only for private use which also includes the use for research called a fair use in copyright are below:

Research, criticism, Report, and storage.
Fair use of computer programs.
Work of state.
Publication and performance.
Educational purpose.
Artistic work.
Architecture work.
Broadcasting and performance.

JURISDICTION (section 62)

A suit or other Civil proceeding, relating to infringement of copyright is filed in the District Court within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant.

LIMITATION

The period of limitation for filing the suit is 3 years from the date of infringement.

REMEDIES IN COPYRIGHT

In case of infringement of copyright the remedies which are available to the owner of the copyright a civil remedies and criminal remedies.

The license having the exclusive right also has a right to sue in such cases. If the work is published anonymously or with another name that is pseudonymous work, the publisher also has the right to sue.

The case can be initiated by the owner for remedies like injection, damages, accounts, or other remedies as per the law.

Sec.55 provides civil remedies that are Injection, Damages, Accounts, Damages for conversion, and Delivery of infringed copy.

Criminal offense:- The infringement of copyright is also a criminal offense which if there is an intention is found is penalized. It attracts a punishment of 6 months to 3 years of imprisonment and a fine from 50,000 rupees to 21 lakh rupees (Sec.63)

For subsequent offenses, the minimum punishment is 1 year which can obtain to 3 years and the fine is not less than 1 lakh

Case laws related to copyright

V.T Thomas & ors. VS Malayalam Manorama Co. Ltd.(AIR 1989 Kerala 49)

Petitioner advocate Adv. M.P Raveendran
Respondent advocate: Adv. V.K Rajan
Order by: Justice Sukumaran.

Fact:

In this case, the petitioner created a cartoon and named it “Boban and Molly.” The petitioner had already created and published this cartoon before starting his employment with Malayala Manorama. Over time, this comic became very famous. Malayala Manorama filed a case against Thomas, claiming that they were the owners of this comic.

Held:

In this case, the court stated that the copyright belongs to Thomas because he is the original author of the cartoon. Therefore, he has the freedom to publish his cartoon independently.

XYZ Films LLC & Ors vs. UTV Motion Pictures (AIR 2016 234 DLT 260 Delhi HC)

Petitioner advocate Adv. K.P.S. Soman
Respondent advocate: Adv. A.K. Gupta
Order by: Justice G.S. Patel

Case Facts:

In this case, The movie Raid was released in the market. Similarly, the movie Baaghi was released. The producers of XYZ Films LLC filed a case claiming that the movie Baaghi had copied scenes from the movie Raid. The scenes allegedly copied include action sequences involving the hero and heroine fighting.

Issue:

Whether the UTV Motion Pictures movie Raid infringed on the copyright of XYZ Films LLC’s movie without authorization?

Court’s Decision:

The court observed that while the action scenes involving the hero and heroine in both Raid and Baaghi might have common elements, they were not entirely unique.

The court looked for any unique elements in the movie Raid that were allegedly copied but found none.

Thus, the court concluded that there was no substantial copying.

The decision was in favor of the defendants (UTV Motion Pictures). The court ruled that there was no copyright infringement. The directors and producers of Raid lost the case because they could not prove uniqueness in the scenes that were allegedly copied.

Monkey selfie case (2018)

Fact:

In 2011, a British photographer named David went to a park in Indonesia for wildlife photography. He left his camera unattended for a while, during which a black macaque monkey took a selfie with the camera. When David retrieved his camera, he found some amazing photos on it. Sometime later, a magazine published this photo without David’s permission. When David found out, he filed a copyright infringement case against the company. Meanwhile, PETA (People for the Ethical Treatment of Animals) intervened and argued that the monkey holds the copyright to the photograph.

Legal Issue:

Does a non-human animal be recognized as the author of a photograph and hold the copyright under U.S. law?

Held:

The court held that a monkey is not a human being but an animal, and therefore, under copyright law, the monkey cannot hold any copyright. As a result, all the rights go to David.

Ultimately, an out-of-court settlement was reached. David now receives 75% of the revenue from the photo, and 25% goes to the sanctuary owners to help develop wildlife security.

Conclusion

Copyright law serves as a fundamental pillar in protecting the intellectual property of creators, ensuring that their works are not unlawfully reproduced or exploited. The balance it strives to maintain between the rights of creators and the public interest is crucial in fostering creativity and innovation. However, as the case law demonstrates, the line between inspiration and infringement can be thin and complex. Courts are often tasked with navigating these nuances, considering the uniqueness and substantiality of the copied material. Today, copyright laws continue to evolve, addressing challenges posed by digital media and the internet while striving to balance the rights of creators with public access to knowledge and culture.

References