INDIAN COPYRIGHT ACT, 1957

Sections 79
Chapters XV
Ques: What is the scope of protection in the
Copyright Act, 1957?
The Copyright Act, 1957 protects original literary,
dramatic, musical and artistic works and
cinematograph films and sound recordings from
unauthorized uses.
Unlike the case with patents, copyright
protects the expressions and not the ideas.
There is no copyright protection for ideas,
procedures,
methods
of
operation
or
mathematical concepts as such

The Copyright Act, 1957 came into effect

from January 1958. This Act has been
amended five times since then, i.e., in
1983, 1984, 1992, 1994, 1999 and 2012.
The Copyright (Amendment) Act, 2012 is
the most substantial. The main reasons for
amendments to the Copyright Act, 1957
include to bring the Act in conformity with
WIPO Copyrights Treaty (WCT) and
WIPO Performances and Phonograms
Treaty (WPPT);

Some of the important amendments to the

Copyright Act in 2012 are extension of copyright
protection in the digital environment such as
penalties for circumvention of technological
protection measures and liability of internet
service provider and introduction of statutory
licences for broadcasting organizations;
ensuring right to receive royalties for authors,
and music composers, exclusive economic and
moral rights to performers, equal membership
rights in copyright societies for authors and other
right owners and exception of copyrights for
physically disabled to access any works.

The Indian Copyright Act today is compliant

with most international conventions and
treaties in the field of copyrights.
India is a member of the Berne Convention of
1886 (as modified at Paris in 1971), the
Universal Copyright Convention of 1951 and the
Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS) Agreement
of 1995.
Though India is not a member of the Rome
Convention of 1961, the Copyright Act, 1957 is
fully compliant with the Rome Convention
provisions.

Digital Rights Management (DRM)

Three new Sections 2(xa), 65A and 65B deal with
DRM.
(a) Protection of technological measures
Section 65A criminalisesthe circumvention of an
effective technological protection measure which has
beenapplied for the purpose of protecting any of the
rights conferred by the copyright statute if the
circumventionis performed with the intention of
infringing rights conferred by the Act unless it is
carried out in one of the many circumstances in which
the Act states that circumvention is permissible (such
as for conducting any lawful investigation or taking
measures necessary in the interest of national
security).

(b) Rights Management Information (RMI)

Section 2(xa) defines RMI to mean the title or other
information identifying a work or performance, the name
of the author or performer, the name and address of the
owner of rights, terms and conditions regarding the use
of the rights, and any number or code that represents
this information (although it does not include any device
or procedure intended to identify the user).
Section 65B not only criminalises certain acts relating to
RMI but also states that rights owners would be entitled
to avail of certain civil remedies.
The prohibited acts include the unauthorised removal or
alteration of RMI on copies of works, or the unauthorised
and knowing distribution, importation, broadcast or
communication to the public of such copies of works.

THREE D OBJECT

Section 52(1)(w) which allows 'the making of a

three-dimensional object from a two-dimensional
artistic work, such as a technical drawing, for the
purposes of industrial application of any purely
functional part of a useful device' without the
permission of the copyright owner.
Various amendments have been made to Sections
18, 19 and 33 to ensure that the authors of
underlying works (i.e. music, lyrics and scripts) in
cinematograph films and sound recordings have a
continuing right to royalty for the non-theatrical
use of their works in films, and for any use of
their works in sound recordings.

Disputes under the Section 19 A which

deals with the resolution of disputes with
respect to the grant of rights are now
generally be settled within six months after
the receipt of a complaint by the Copyright
Board, and the Board may now alsopass
interim orders regarding implementation of
the terms and conditions of assignment
including any consideration to be paid for
the enjoyment of the rights assigned.

Section 21 has been amended to allow for

the relinquishment of copyright not only by
way of notice to the Registrar of Copyrights
but also by way of public notice.
Photographs instead of enjoying a sixty
year post-publication term, the copyright in
photographs now effectively subsists till
sixty years after the death of the
photographer.

Section 53 has been completely

restructured, and it now enables
owners of any works or performance
embedded in works to request -- by
written notice to the Commissioner of
Customs (or other authorised officer) -that infringing copies be treated as
prohibited goods for not more than one
year under certain circumstances, by
following the procedure laid down in

The
two
Internet
Treaties
were
negotiated in 1996 under the auspices of
the
World
Intellectual
Property
Organization (WIPO). These treaties are
called the WIPO Copyrights Treaty
(WCT) and the WIPO Performances and
Phonograms Treaty (WPPT).
These
treaties
were
negotiated
essentially to provide for protection of
the
rights
of
copyright
holders,
performers and producers of phonograms
in the Internet and digital era.
I

India is not a member of these treaties;

amendments are being mooted to make Act in
compliant with the above treaties in order to
provide protection to copyright in the digital
era.
Though India is not a member of the WCT and
the WPPT, the Copyright Act, 1957 is fully
compliant with the Rome Convention provisions.
The provisions of the Act is also in harmony with
two other new WIPO treaties namely, the Beijing
Audiovisual Performers treaty, 2012 and the
Marrakesh Treaty to Facilitate Access to
Published Works by Visually Impaired or
Otherwise Print Disabled Persons, 2013.

Copyright is about the right to copy. It

is based on the principle that people
who produce creative work like poems,
novels have a right to decide how their
works can be reproduced.

COPYRIGHT OFFICE AND COPYRIGHT BOARD(S.9-12 OF COPYRIGHT

ACT,1957)

The Central Government has established a

Copyright Office under the control of Registrar of
Copyrights(S.9). The Central Government has also
constituted a Copyright Board(S.11).
The Registrar of Copyrights is the Secretary of the
Board. The Copyright Board consists of a Chairman
and 2 other members.
Chairman of the Copyright Board shall be a person
who is, or has been, a Judge of a High Court or is
qualified for appointment as a Judge of a High Court
The Board functions through Benches consisting of
members. The Copyright Board shall be deemed to
be a civil court.

COPYRIGHT BOARD(S.12)

(7) The Copyright Board shall be deemed to

be a court for the purposes of sections 345
and 346 of the Code of Criminal Procedure,
1973, and all proceedings before the Board
shall be deemed to be judicial proceedings
within
the
meaning
of
sections
193(Punishment for false evidence) and
228(Intentional insult or interruption to
public servant sitting in judicial proceeding)
of the Indian Penal Code.

COPYRIGHT, ITS OWNERSHIP AND TERM(S.13-29)

S.13 a) Works in which Copyright Subsists: Copyright

subsists throughout India in the following classes of work:
i. Original literary, dramatic, musical and artistic works.
ii. Cinematograph films.
iii. Sound recordings.
Literary works include computer programmes, tables
and compilations including computer databases. The term
dramatic works includes any piece of recitation,
choreographic work or entertainment in dumb show or
acting. The words musical works mean a work consisting
of music and includes any graphical notation of such
work. A painting, sculpture, drawing or works of
architecture and photograph are included in artistic
works.

CASE

The term literary means anything written or printed

such as books on various subjects, serious and nonserious, novels, drama, poetry, anthology, critique,
excerpts with comments, etc.
What is material is that there should be some
originality and skill in the work turned out. Thus the
term literary is not confined to works of literature in
the commonly understood sense but would include of
what is expressed in writing whether they have
inherent or latent literary merit or not. - Agarwal
Publishing House vs Board of Higher Secondary and
Intermediate Education, (UP AIR 1967 (All) 91).

CASE

It is the original inventive literary work

that is entitled to protection under the Act.
The Originality relates to the expression of
thought but the Act does not require that
the expression must be in original or other
form. The work must not be copied from
another work, that is, it should not
originate from another. - MacMillan & Co.
vs Cooper, (AIR 1924 PC 75).

CASE

Copyright exists
in
computer programes
(software) and the written requests, punched
cards, magnetic tapes or disks as the case may
be. In a television programme also, there exists a
copyright.
The Tambola ticket books carry copyright
protection as it consists of tables and numbers of
skill and labour as has been bestowed. In the
case of question papers, they enjoy copyright. Jagdish Prasad vs Parameswar Prasad, (AIR 1966
Pat 33).

CASE

An exhibition of a film in a television through video

tape in which the cinematograph film is recorded will
be the subject matter of copyright protection. A VCR
which is used for playing pre-recorded cassettes of
movies similarly will also be subject - matter of
copyrights protection. In respect of cinematographic
films the word original is missing in the section.
In a film, a particular actor cannot claim any copyright
and hence the actors performance is not copyrighted.
In other words, a cine artiste in a film does not have a
copyright protection- International Films vs Dev
Anand, (AIR 1979, Bom 17).

S.14 MEANING OF COPYRIGHT

b) Meaning of Copyright: The word Copyright means the

exclusive right in all the works in which the copyright subsists
S.14 Meaning of copyright.-For the purposes of this Act,
"copyright" means the exclusive right subject to the provisions
of this Act, to do or authorise the doing of any of the following
acts in respect of a work or any substantial part thereof,
namely:-

(a) in the case of a literary, dramatic or

musical work, not being a computer
programme, -

(i) to reproduce the work in any material form including

the storing of it in any medium by electronic means;
(ii) to issue copies of the work to the public not being
copies already in circulation;
(iii) to perform the work in public, or communicate it to the
public;

(iv) to make any cinematograph film or sound

recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of
the work, any of the acts specified in relation to the work
in sub-clauses (i) to (vi);

(b) in the case of a computer programme,-

(i) to do any of the acts specified in clause (a);

(ii) to sell or give on commercial rental or offer for
sale or for commercial rental any copy of the computer
programme: Provided that such commercial rental does
not apply in respect of computer programmes where the
programme itself is not the essential object of the rental.

(c) in the case of an artistic work,(i) to reproduce the work in any material form
including depiction in three dimensions of a two
dimensional work or in two dimensions of a three
dimensional work;
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not
being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(vi) to do in relation to an adaptation of the work any of
the acts specified in relation to the work in sub-clauses
(i) to (iv);

(d) In the case of cinematograph

film, (i) to make a copy of the film,
including a photograph of any image
forming part thereof;
(ii) to sell or give on hire, or offer for
sale or hire, any copy of the film,
regardless of whether such copy has been
sold or given on hire on earlier occasions;
(iii) to communicate the film to the
public;

(e) In the case of sound recording, (i) to make any other sound
recording embodying it;
(ii) to sell or give on hire, or offer
for sale or hire, any copy of the
sound recording regardless of
whether such copy has been sold or
given on hire on earlier occasions;
(iii) to communicate the sound
recording to the public.

c) Ownership of Copyright: The author of the work

is the first owner of the copyright therein.
This is, however, subject to some exceptions like
an employer can have the ownership on a work
produced by an author, under a Contract of
Service or apprenticeship or the ownership of a
computer related work vests in one who pays for it.
d) Assignment of Copyright: The owner of the
copyright may assign to any person the copyright,
either wholly or partially, and either generally or
subject to limitation and either for the whole term
of the copyright or any part thereof.
The
assignment is valid only when it is in writing.

e) Term of Copyright:
i. The term of the copyright in any literary, dramatic,
musical or artistic work (other than a photograph) is:
a. If published with in the lifetime of the author until
60 years from the beginning of the calendar year next
following the year in which the author dies (S.22).
b.
If
published
anonymously
or
pseudonymously(written under a false name), until 60
years from the beginning of the calendar year next
following the year in which the work is first published.
If, however, the identity of the author is disclosed
before the expiry of the said period, then copyright
shall subsist as per a above (S.23).

c. In posthumous works, until 60 years

from the beginning of the calendar year
next following the year in which the
work is first published (S.24).

ii. The term of the copyright in case of

a photograph, cinematograph film,
sound recording, government work,
work of public undertaking and the
works of an international organization,
shall subsist until 60 years from the
beginning of the calendar year next
following the year in which the work is
first published (S.25-29).

How long one has to wait to get his work registered by the
Copyright office?
After one files ones application and receive diary number
one has to wait for a mandatory period of 30 days so that
no objection is filed in the Copyright office against his
claim that particular work is created by him. If such
objection is filed it may take another one month time to
decide as to whether the work could be registered by the
Registrar of Copyrights after giving an opportunity of
hearing the matter from both the parties.
If no objection is filed the application goes for scrutiny
from the examiners. If any discrepancy is found the
applicant is given 30 days time to remove the same.
Therefore, it may take 2 to 3 months time for registration
of any work in the normal course. The cooperation of the
applicant in providing necessary information is the key for
speedy disposal the matter.

LICENCES (S.30-32B)

S.30 The owner of the copyright in any existing

work or the prospective owner of the copyright
in any future work may grant any interest in the
right by license in writing signed by him or by
his duly authorized agent.
S.32A License to produce and publish a
translation of a literary or dramatic work in any
language may be applied to the Copyright
Board, after a period of 7 years from the first
publication of the work. A License to translate
foreign literary or dramatic work, may be
applied after three years from its publication.

COPYRIGHT SOCIETIES (S.33-36A)

No person or association of persons can

commence or carry on the business of
issuing or granting licenses in respect of any
work in which copyright subsists unless a
copyright society is registered by the Central
Government.
For example: Phonographic Performance Ltd.
(PPL) is a copyright society which has got
licenses
from
music
companies
for
broadcasting their music in India.

Rights of Broadcasting Organizations and of

Performers(S.37-39A)
Every broadcasting organization shall have a special
right known as Broadcasting Reproduction Right in
respect of its broadcasts. The term of this right is 25
years and of performers right subsists for 50 years.
International Copyright (S.40-43)
The Central Government can extend copyright
protection to foreign works, and works made and
published by certain International Organizations.
Accordingly the Central Government has made the
International Copyright Order, 1991 and the
Copyright (International Organization) Order, 1958.

REGISTRATION OF COPYRIGHT (S.44-50A)

Registration of copyright is optional. A register

of copyright is kept in the copyright office.
All details of works in which registration is
applied for is entered in that register. Register
of copyrights is a prima-facie evidence of the
particulars entered there in.
The register is open for inspection and
extracts of it can be obtained. The entries in
the register can be corrected or rectified and
shall be published. A certificate of registration
becomes a crucial prima-facie evidence before
a court in the ownership of the material and
other facts recorded therein.

Case The copyright exists whether the

registration is done or not, and the
registration is merely a piece of
evidence as to when a certain author
started claiming copyrights in some
artistic or some other work. - Glaxo
Operations UK Ltd. vs Samrat
Pharmaceuticals (AIR 1984 Del 265).

S.51 WHEN COPYRIGHT

INFRINGED

Copyright in a work shall be deemed to be infringed(a) when any person, without a licence granted by the
owner of the copyright or the Registrar of Copyrights under
this Act or in contravention of the conditions of a licence so
granted or of any condition imposed by a competent
authority under this Act(i) does anything, the exclusive right to do which is by this
Act conferred upon the owner of the copyright, or
(ii)permits for profit any place to be used for the
communication of the work to the public where such
communication constitutes an infringement of the
copyright in the work, unless he was not aware and had no
reasonable ground for believing that such communication
to the public would be an infringement of copyright; or

S.51 WHEN COPYRIGHT

INFRINGED

(b) when any person(i) makes for sale or hire, or sells or lets for hire, or
by way of trade displays or offers for sale or hire,
or
(ii) distributes either for the purpose of trade or to
such an extent as to affect prejudicially the owner
of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports into India, any infringing copies of the
work

INFRINGEMENT OF COPYRIGHT (S.51-53A)

(S.52) The following acts shall not constitute an

infringement of copyright :
a fair dealing with a literary, dramatic, musical or
artistic work [not being a computer programme] for
the purposes ofa) Private use including research.
b) Criticism or review.
c) Computer programme - making copies for the
purpose for which it was supplied or make backup
copies.
d) Reporting current events in a newspaper,
magazine or by broadcast or in a cinematograph
film, or by means of photographs.
e) For judicial proceedings.

INFRINGEMENT OF COPYRIGHT (S.51-53A)

f) In any work prepared by the Secretariat of a Legislature

exclusively for the use of its members.
g) Copy made in accordance with any law.
h) Reading in public of any reasonable extract from a
published literary or dramatic work.
i) Along with non-copyright matter, for the bonafide use of
educational institutions.
j) By a teacher or pupil in the course of instruction or as a part
of question or answer in examination.
k) Recording to be heard in public by utilising it in an enclosed
room.
l) Any bonafide religious ceremony held by the Central or State
Government or any Local Authority.

CASE

Mr. Anand wrote a play entitled Hum Hindustani in 1953.

The play was enacted in the next few years, in Delhi and
Calcutta. It got good reviews in newspapers like the
Indian Express, Hindustan Times,
The Times of India and other papers. The play was based
on the theme of provincialism and its baneful and divisive
effects on the society. A film maker, Mr. Mohan Sehgal,
become interested in making a film based on the play.
He heard the play from Mr. Anand, in his office. Mr. Anand
did not receive any further communication from Mr.
Sehgal. Thereafter, Mr. Sehgal announced the production
of a film New Delhi.
The picture was released in Delhi in September, 1956.
From comments in the press, Mr. Anand felt that the film
was very much like his play, Hum Hindustani.

CASE -

Thereafter, Mr. Anand himself saw the picture and felt that
the film was entirely based on his play.
He felt that Mr. Sehgal had dishonestly imitated the play in
the film and violated his copyright. He, therefore, moved the
court and the case finally came before the Supreme Court.
The opposite party (Delux Films) claimed that they had
communicated to Mr. Anand that the play might have been
all right for the amateur stage, but it was too inadequate for
the purposes of making a full length commercial motion
picture.
The key argument of the opposite party was that there
could be no copyright on the subject or idea of provincialism.
Any one can adopt it in his own way. They claimed that the
motion picture was quite different from the play. Hum
Hindustani in its content, spirit and climax.

CASE -

Some similarities could be explained by the fact that both

were based on the idea of provincialism.
Thus the position appears to be that an idea, principle,
theme, or subject matter or historical or legendary facts
being common property, cannot be the 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 his own manner and give expression
to the idea by treating it differently from others. Where 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 an
irresistible inference of plagiarism or piracy. The court found
that there had been no copyright violation in that case. - R.G.
Anand vs M/s Delux Films and others (AIR 1978 SC 1613).

REMEDIES AGAINST INFRINGEMENT

There are three kinds of remedies against infringement

of copyright, namely:
1. Civil remedies :Injunction damages or account of
profit, delivery of infringing copy and damages for
conversion.
2. Criminal remedies :Imprisonment of the accused
or imposition of fine or both. Seizure of infringing copies
3.
Administrative
remedies
:Administrative
remedies consist of moving the Registrar of copyrights
to ban the import of infringing copies into India when
the infringement is by way of such importation and the
delivery of the confiscated infringing copies to the
owner of the copyright and seeking the delivery.

REMEDIES AGAINST INFRINGEMENT

Jurisdiction of Courts: A suit or other civil

proceedings 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 three years from the date of
infringement.

CIVIL REMEDIES AND OFFENCES

Civil Remedies (S.54-62)
The owner of copyright can sue in the district court having
jurisdiction and shall be entitled to remedies such as injunction,
damages.
Offences (S.63-73)
Any infringement of copyright is punishable with imprisonment of
not less than 6 months but may extend to 3 years or fine not
less than Rs. 50 thousand but may extend to Rs. 2 lakhs. For
infringement of copyright in computer programme punishment
provided is imprisonment of not less than seven days but may
extend to 3 years and fine of not less than Rs. 50 thousand but
may extend to Rs. 2 lakh. If the infringement is not for gain or
commercial purpose punishment can be less. If any person is
aggrieved by any order made by the court, then he can file
appeal within 30 days of the date of the order to the higher
appellate court.

Some Cases on Copyright

a) Ratnasagar Pvt. Ltd. v. Trisea Publications and
others (citation: (1997) 24 CLA (SNR) 1 Delhi)
Ratnasagar Pvt. Ltd. had published a book titled
Living Science and claimed rights of literary
work in that book. Trisea Publications brought
out another book titled Unique Science.
Ratnasagar Pvt. Ltd. urged that their copyright
has been infringed by Trisea Publications and
prayed for an injunction which was granted

b) Nagoti Venkataramana Case (Citation: 1996, (6) Scale

417 and 1996, (6) Sec 409)Nagoti Venkataramana was
owning a Video parlour named Video City in Andhra
Pradesh. He was sentenced to 3 months R.I. and fine of Rs.
3000 for keeping 90 pirated Telugu, Hindi and English
movies video cassettes. He used to give these pirated
cassettes to customers on hire. On the point that the
police should have produced the evidence of the copyright
owners,
the Supreme Court ruled that It is unnecessary for the
prosecution to track on and trace out the owner of the
copyright to come and adduce evidence of infringement of
the copyright.

c) Phonographic Performance Ltd. (PPL)

(As reported in the Times of India, Delhi
edition 1st Jan. 2004). PPL is a
copyright society registered under the
Copyright Act. It is the sole authority to
administer
the
broadcasting,
telecasting and public performance
rights and to collect licence fees on
behalf of the music industry.

Music Companies are members of PPL and

have assigned it the right to issue licenses to
event organisers for playing music at public
performance. In a petition filed by PPL in
Bombay High Court against the hotels of
Mumbai for not paying license fee to PPL for
playing music in respect of the companies
with PPL on New years eve parties, the High
Court of Bombay directed hotels of Mumbai to
pay license fee to PPL for the music they play.

d) P. N. Krishnamurthys Case Shri P. N.

Krishnamurthy, 70 year old author of
Childrens literature won a copyright
case against CARE after battling in
court for 27 years. CARE was imposed a
fine of Rs 5000 for a copyright violation.
An appeal filed by CARE was dismissed
as Without any merit.

ANNEXURE-1
S.345 CRPC PROCEDURE IN CERTAIN CASES OF
CONTEMPT.
(1) When any such offence as is described in
section 175 (Omission to produce document to
public servant by person legally bound to
produce it), section 178 (Refusing oath or
affirmation when duly required by public
servant to make it), section 179 (Refusing to
answer public servant authorized to question),
section 180 (Refusing to sign statement) or
section 228 (Intentional insult or interruption
to public servant sitting in judicial proceeding)
of the Indian Penal Code (45 of 1860) is
committed in the view or presence of.

ANNEXURE-1
S.345 CRPC

any Civil, Criminal or Revenue Court, the court

may cause the offender to be detained in custody
and may at any time before the rising of the court
on the same day, take cognizance of the offence
and, after giving the offender a reasonable
opportunity of showing cause why he should not
be punished under this section, sentence the
offender to fine not exceeding two hundred
rupees, and, in default of payment of fine, to
simple imprisonment for a term which may
extend to one month, unless such fine be sooner
paid.

ANNEXURE-1
S.345 CRPC

(2) In every such case the court shall record

the facts constituting the offence, with the
statement (if any) made by the offender as
well as the finding and sentence.
(3) If the offence is under section 228 of the
Indian Penal Code (45 of 1860), the record
shall show the nature and stage of the
judicial proceeding in which the Court
interrupted or insulted was sitting, and the
nature of the interruption or insult.

ANNEXURE-1
346. PROCEDURE WHERE COURT CONSIDERS THAT
CASE SHOULD NOT BE DEALT WITH UNDER SECTION
345.

(1) If the Court in any case considers that

a person accused of any of the offences
referred to in section 345 and committed
in its view or presence should be
imprisoned otherwise than in default of
payment of fine, or that a fine exceeding
two hundred rupees should be imposed
upon him, or such Court is for any other
reason of opinion that the case should
not be disposed of under section 345.

ANNEXURE-1
346. PROCEDURE WHERE COURT CONSIDERS THAT
CASE SHOULD NOT BE DEALT WITH UNDER SECTION
345.

such Court, after recording the facts constituting

the offence and the statement of the accused as
herein before provided, may forward the case to a
magistrate having jurisdiction to try the same, and
may require security to be given for the appearance
of such person before such Magistrate, or if
sufficient security is not given shall forward such
person
in
custody
to
such
Magistrate.
(2) The Magistrate to whom any case is forwarded
under this section shall proceed to deal with, as for
as may be, as if it were instituted on a police report.