COPYRIGHTS

The Copyrights Act, 1957

Meaning of Copyright?

Word copy means transcript, limitation, reproduction of an original writing, painting instrument or the like. Copyright is the right in literacy property as recognized and sanctioned by positive law. Copyright is an exclusive right given by law for a certain term of years to an author, composer etc. to print, publish and sell copies of his original work.

Characteristics of Copyright

Creation of a statute Some form of intellectual property Monopoly right Negative right Multiple rights Copyright only in form not in idea Neighbouring rights.

Requirement of copyright

The author must have bestowed upon the work sufficient judgement 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. The owner of a copyright has no monopoly in the subject matter. There is no provision of original in copyright act.

Works in which copyright subsists

Original literary, dramatic, musical and artistic works Cinematograph firms Sound recordings.

Literary work includes computer programmes, tables, compilations including computer databases . Dramatic work includes any piece for recitation, choreographic work or entertainment in a dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include cinematograph film.

Artistic work means a painting, a sculpture, a drawing, an engraving or a photograph. Cinematograph film means any work of usual recording on any medium produced through a process from which a moving image may be produced by any means A sound recording construed as including any work produced by any process analogous to cinematography including video films.

Adaptation of Literary Work

1. 2. 3. 4. 5. 6.

7.
8.

Abridgement of Literary Work Translation Report of Judicial Proceedings Head notes of Law Reports Historical Works Lectures Letters Titles of books, cartoons or other Literary matter

Adaptation of Literary Work

9.
10.

11.
12. 13. 14.

Shorthand writers transcripts Questionnaire for collecting statistical information Catalogues Dictionaries Compilations, directories, who is who New editions of existing work

Adaptation of Literary Work

15.
16. 17.

18.
19. 20.

21.
22.

Collective work Computer programme Television programmes Pocket diaries, Calendars Tambola ticket books Single word Code words for cabling purposes Question papers set for examination

Adaptation of Literary Work

23.
24. 25.

Research thesis and dissertation Parodies News and newspaper prcis.

Term of copyright

For any literary, dramatic, musical or artistic work published within the lifetime of the author until 60 years from the beginning of the calendar year next following the year in which the author dies. Copyright for a cinematograph film: 60 years from the date of release.

Licences
(a)

(b)

Licence by owners of copyright Compulsory licence in works withheld from public: Owner has refused to republish or allow the republication of the work or has refused to allow the performance in public Has refused to allow communication to the public by broadcast of such work or in the case of a sound recording the work recorded in such sound recording, on terms which the complainant considers reasonable.

Compulsory Licence in unpublished Indian works.

Where in the case of an Indian work, the author is dead or unknown or cannot be traced or the owner of the copyright in such work cannot be found. Licence to produce and publish translation Any person may apply to the copyright board for a licence to produce and publish a translation of literary or dramatic work in any language after a period of 7 years for the first publication of work.

Copyright Societies

Registration of a copyright society Administration of rights of owner by copyright society Payment of remuneration by copyrights society Control over the copyright society by the owner of rights.

Rights of Broadcasting Organisation and of Performers

Broadcasting reproduction rights Performers right

Broadcasting reproduction rights

Infringement of Broadcasters rights Re-broadcast the broadcast Causes the broadcast to be heard or seen by the public on payment of any charges Makes any sound recording or visual recording of the broadcast Makes any reproduction of such initial recording or visual recording where such initial recording was done without licence Sells or hires to the public, or offers for such sale or hire, any such sound recording or visual recording.

Performers rights
Infringement of performers rights Makes a sound recording or visual recording of the performance. Reproduces a sound recording or visual recording of the performance which was made without the performers consent.

Act not constituting infringement of a performers rights:

(a)

(b)

(c)

The making of any sound recording of or visual recording for private use of the person making such recording or society for the purpose of bonafide teaching or research, or Fair dealing of excerpts of a performance in the reporting of current events, for a bonafide review teaching or research Other acts with any necessary adaptations and modifications which do not constitute infringement of copyright

Infringement of copyrights

Infringement in literary, dramatic and musical works

To reproduce the work in any material form including the storing of it in any medium by electronic means To issue copies of the work to the public not being copies already in circulation To perform the work in public or communicate it to the public To make any cinematograph film or sound recording in respect of the work

Infringement in literary, dramatic and musical works

To make any translation of the work To make any adaptation of the work To do in relation to a translation or adaptation of the work, any thing above To permit for profit any place to be used for communication of the work, where such communication amounts to be an infringement To make infringing copies of he work for sale or for hire or letting for hire or display or offers for sale or hire.

Infringement in literary, dramatic and musical works

To distribute infringing copies either for the purpose of trade or to such an extent as to effect prejudicially the owner of the copyright To exhibit infringing copies by way of trade to the public To import into India infringing copies by way of trade to the public In respect of a computer programme which is a form of literary work.

Test of infringement

There must be sufficient objective similarity between infringing work and the copyright work or a substantial part The copyright work must be the source from which infringing work is derived.

Provisions in respect of infringement.

(a) (b) (c) (d) (e)

In literary work Musical work Artistic work Cinematograph film Sound Recording.

Infringement in Certain Literary Works

Dictionaries, directories, school text books and books on law and science Historical work Commentaries on Acts, Law Books Students guide prepared from text books Other factual representations.

Infringement of Musical Work

Adaptation of a musical work is on infringement. Remix versions of popular Hindi songs are not infringement. If all the bars of the musical note are copied, then it would be infringement Judges own inference Expert evidence Performance in public.

Infringement in Artistic Work

To produce the work in any material form To communicate the work to the public communication of the work to public means Communication through satellite or cable To issue copies of the work to the public not being copies already in circulation To include the work in any cinematograph film To make an adaptation of the work To do in relation to an adaptation of work any activities as stated above.

Infringement in case of Photograph Drawings Architectural drawings Industrial drawings

Infringement of Cinematograph Film

Films on live events Video films Film based on other films Cinematograph film on a stage play Single frame (shot) from a film.

Infringement of sound recording.

Home taping of sound recording Broadcasting agencies such as television and Radio must obtain a licence for the purpose of broadcasting from the recording company.

Remedies against infringement

Civil Remedies Criminal Remedies Administrative remedies

Kinds of civil remedies

Anton Pillar Order Order allowing the plaintiff to enter in the defendants premises and make inspection of relevant documents and articles and take copies thereof. This order is passed when the court proceedings are to take a long time. When the plaintiff makes fullest possible disclosure of all material facts.

Kinds of civil remedies

Interlocutory injunctions Granted when: A prima facie case Balance of convenience is in favour of plaintiff The refusal to grant interlocutory injunction would case irreparable injury to plaintiff

Refused when: The interest of the plaintiff can be protected by ordering defendant ot keep an account of profits The defendant has pleaded and established bonafide fair dealing The plaintiff has been guilty of undue delay in coming to the court His conduct amounted to acquiescence in the infringement There is substantial doubt about the plaintiffs right to succeed in the action.

Criminal Proceedings Against Infringement.

Minimum period of imprisonment of six months to a maximum period of three years. Fine of Rs. 50,000/- to Rs. 2,00,000/-

Procedure for registration

Steps for registration

The person applying for a copyright has to give notice of his application to every person who claims or has an interest in the subject matter of copyright If no objection to such registration is received by registrar within 30 days, he shall enter the particulars in the register of copyrights If objection is received, he shall raise inquiry and do as he deems fit. The registrar of copyrights shall as soon, as may be sent wherever practicable a copy of the entries made in the register to the parties concered.

Regulatory Authorities in Copyright Act.

Registrar of Copyrights The copyrights Board.

Functions of the Copyright Board

The copyright Board is to decide whether a work has been published on the date on which the work was published for the purpose of determining the term of copyright To decide whether the term of copyright for any work is shorter in any other country To settle disputes arising out of assignment of copyright To consider the grant of compulsory licences to publish the unpublished works.

Functions of the Copyright Board

To consider the grant of compulsory licences in respect of Indian works withheld from public To consider the grant of compulsory licences to produce and publish translation of literary and dramatic works To consider the grant of compulsory licences to publish certain scientific or artistic works To consider the rectification of the register on the application of any aggrieved person or the registrar of copyrights.

COPYRIGHTS
The Copyrights Act, 1957