The Copyright Act of 1957, enacted on June 4, 1957, and effective from January 21, 1958, governs copyrights in India, administered by the Ministry of Commerce and Industry, specifically the Department of Promotion of Industry and Internal Trade. This legislation, amended six times with the latest in 2012 via the Copyright (Amendment) Act 2012, aims to protect the rights of creators while fostering an environment conducive to creativity and public access to knowledge. Below is a detailed examination of its fundamentals. This article provides fundamentals of copyright law along with its scope, rights and the process of exemption.
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Fundamentals of Copyright Law
The Copyright Act of 1957 protects creative works, ensuring creators can control and benefit from their art while allowing public access for certain uses like education. It has been updated several times, with a major amendment in the year 2012 to align with global standards.
This Act safeguards a wide range of creations, including books, music, films and art, giving creators exclusive rights to reproduce, share, adapt, or translate their work. Authors also have moral rights to claim authorship and protect their reputation.
Typically, copyright lasts 60 years, often counted from the year after the author's death for personal works, or from publication for films and recordings.
The creator is usually the first owner, but employers or governments may own works made under contract, with ownership transferable in writing. While registration isn't required, it helps in legal disputes.
Fair use allows uses like research or criticism without permission, with specific rules to balance creator and public interests. If someone infringes copyright, creators can seek civil remedies like stopping the infringement or getting damages, and in serious cases, face criminal charges with up to 3 years in jail and fines.
Scope and Classes of Protected Works
The Copyright Act protects a broad spectrum of creative expressions, as outlined in Section 13. Protection extends to the expression of ideas, not the ideas themselves, ensuring originality is rewarded. This scope is crucial for fostering creativity across diverse media.
Literary works: Books, articles or software.
Dramatic works: Plays, scripts.
Musical works: Compositions, scores.
Artistic works: Paintings, sculptures or photographs.
Cinematograph films: Movies, documentaries.
Sound recordings: Music albums, audio books.
Jurisdiction and Courts
Civil remedies are heard by District Courts, criminal cases by Metropolitan Magistrates or Judicial Magistrates First Class, and the Copyright Board, chaired by a person who is or has been a High Court judge , adjudicates disputes. Post-2015, as in Indian Performing Rights Society Ltd. Vs. Sanjay Dalia, suits must be filed where the cause of action arose, preventing forum shopping.
Collective Administration
Copyright societies, like SCRIPT for films, IPRS for music, and PPL for sound recordings, manage rights collectively, requiring minimum 7 members, issuing licenses, collecting fees, and distributing royalties, enhancing collective management efficiency.
Learn what are the punishments for copyright infringement
Ownership and Assignment
Under Section 17, the author is typically the first owner, with exceptions:
Works made under a "contract of service" or apprenticeship: The employer is the first owner unless otherwise agreed, as seen in cases like employer-owned software.
Government works: Owned by the state.
Journalistic works in periodicals: Owned by the proprietor.
Assignment of copyright, governed by Section 19, must be in writing, specifying the work, period, and territory. If unspecified, the period defaults to 5 years, and the territory to India, as confirmed in cases like Pine Labs Private Limited vs Gemalto Terminals India Limited .
Joint authorship, as defined in Section 2(z), establishes co-ownership of copyright among collaborators whose contributions are indivisible, impacting initial ownership under Section 17. This ownership can be assigned through a written agreement under Section 19, specifying terms like period and territory.
Rights Provided to Copyright Holders
The authors enjoy moral rights under Section 57, allowing them to claim authorship and prevent acts like distortion or mutilation that harm their reputation. These rights persist post-assignment, ensuring long-term protection of artistic integrity. Copyright grants a bundle of exclusive rights under Section 14, including:
Reproduction: Making copies of the work.
Communication to the public: Broadcasting or streaming.
Adaptation: Modifying the work, e.g., turning a book into a film.
Translation: Converting the work into another language.
Duration of Copyright
The term of copyright is given in Chapter V and it varies by type of the work. This structure ensures a balance between protecting creators and allowing works to enter the public domain, with pre-1958 photographs having a 50-year term from creation under the 1914 Act:
For literary, dramatic, musical, and artistic works, the lifetime of the author plus 60 years from the beginning of the calendar year following their death.
For cinematograph films, sound recordings, photographs, anonymous/pseudonymous works, government works, public undertakings, and international agencies: 60 years from the beginning of the calendar year following first publication.
Learn more about Nature of Copyright
Exemptions and Fair Dealing
The Copyright Act, 1957 follows fair dealing with a hybrid approach, as discussed in Academy of General Education v. B. Malini Mallya (2009) and Civic Chandran v. Ammini Amma. Freedom of panorama, under Section 52,(i), permits using architectural works and sculptures in public places, balancing public interest and creator rights. Chapter VI, particularly Section 52, outlines exemptions under fair dealing, allowing users without permission for:
Research and private study.
Criticism, review, and news reporting.
Library and school uses, amateur performances, judicial proceedings, and sound recordings under conditions.
Performer’s and Broadcaster’s Rights
The Act, amended in 2012, includes the following provisions under Chapters VII and VIII to protect the entertainment industry by addressing concerns raised in amendments:
Performer’s Rights: Actors, singers, musicians have rights to record, reproduce, broadcast, and communicate performances, lasting 25 years, with no rights if incorporated in films with consent.
Broadcaster’s Rights: Rights to re-broadcast, public access for payment, record, reproduce, and sell/hire broadcasts, also for 25 years.
Infringement and Remedies
Infringement, a cognizable offence, triggers remedies under Chapters XI, XII, and XIII. Police (sub-inspector rank and above) can seize infringing copies without warrant, enhancing enforcement:
Administrative: Customs detention (Section 53).
Civil: Injunctions, damages, account of profits (Section 55), as seen in The Daily Calendar Supplying v. The United Concern (1964, 1,000 rupees damage).
Criminal: Imprisonment up to 3 years, fine up to Rs. 200,000 (Sections 63, 63A), with minimums of 6 months and Rs. 50,000 for first conviction, escalating for repeats.
Summary
The Copyright Act of 1957 in India protects creative works like books, music, films, and art. It gives creators exclusive rights to reproduce, share, adapt, or translate their work, lasting 60 years after the author’s death or publication. Registration is optional but helps in court. Fair use allows limited use for research or criticism. Infringement can lead to lawsuits, damages, or up to 3 years in jail. The law balances creators’ rights with public access, updated last in 2012.
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Fundamentals of Copyright Law: FAQs
Q1. What are the fundamentals of copyright law?
Copyright law protects original creative works (literary, artistic, musical, films, etc.), granting creators exclusive rights to reproduce, distribute, adapt, and control their work, balancing public access through fair use.
Q2. What are the basics of the Copyright Act?
The Copyright Act of 1957 governs copyright protection, covering works, exclusive rights (reproduction, adaptation), duration (usually 60 years), optional registration, fair dealing exemptions, and remedies for infringement.
Q3. What are the 5 key elements of copyright?
Originality: Work must be independently created, Expression: Protects expressions, not ideas, Fixation: Must be in a tangible form, Rights: Reproduction, distribution, adaptation, translation and Duration: Typically 60 years (India), varying by work type.
Q4. What is the foundation of copyright law?
Copyright law is founded on protecting intellectual property, incentivizing creativity and ensuring economic benefits while allowing public access through exceptions like fair dealing.
Q5. What is the copyright law?
Copyright law, in India via the Copyright Act of 1957, grants creators exclusive rights over original works, regulates usage, and provides legal remedies for unauthorized use.
