The Copyright Act of 1957

An important piece of legislation that controls the law about copyright in India is the Copyright
Act of 1957. The Copyright (Amendment) Act of 2012 was the most recent alteration to the Act
since it was first introduced. A few important details concerning the Copyright Act of 1957 are
as follows:

1) The Act guarantees the rights of writers, musicians, artists, designers, and other members
of the creative community.
2) The Act specifies how copyrights are registered, who owns them, and how long they are
valid.
3) The Act outlines copyright infringement as well as the remedies available to the owner of
the right in such a situation.
4) The Act enables groups that look after the rights of copyright owners—copyright
societies—to be registered and governed.
5) The Act outlines the process for copyright registration, including the paperwork needed
and the costs involved.
6) The Act enables the licensing of copyright for use by third parties as well as the transfer
of copyright from one person to another.
7) The Act guarantees both the protection of Indian works abroad and the copyright
protection of works coming from other nations in India.

The Copyright Act of 1957, which established a framework for the protection of intellectual
property rights, had a significant role in encouraging innovation and creativity in India. The Act
has undergone modifications throughout time to reflect developments in the technology
environment. The Act significantly influenced how copyright law is interpreted in India and
clarified several legal facets of copyright.

International Copyright
The protection of creative works across international borders is referred to as international
copyright. The following are some crucial points regarding global copyright:

1) The extent of copyright protection is both geographical and national, meaning that the
country's national laws must be followed to prevent unlawful use in that country.
2) Under certain requirements that have been considerably streamlined by international
copyright treaties and conventions, several nations protect foreign works.
3) International conventions and treaties on copyright have been formed to lay forth
requirements that treaty signatory nations must abide by and incorporate into their
domestic legislation, therefore increasing transparency and awareness of the scope of
each nation's copyright protection.
 4) A key component of international copyright law is the Berne Convention, which forbids
member nations from requiring "formalities" for copyright protection in the sense that
copyright protection is inherent and does not call for registration.
5) The Globe Intellectual Property Organization (WIPO) is a global organization that offers
services and assistance to content producers and owners all over the globe. These services
and assistance include information on global copyright concerns, copyright registration,
and collective management.
6) When publishing or utilizing information online, it is crucial to understand international
copyright law since many copyright problems that seem to be national are international.

In conclusion, international copyright law is built on the idea of national treatment and combines
copyright treaties with local copyright laws. International conventions and treaties on copyright
have been formed to lay forth requirements that treaty signatory nations must abide by and
incorporate into their domestic legislation, therefore increasing transparency and awareness of
the scope of each nation's copyright protection.

Civil Remedies against Copyright Infringement

According to Section 55 of the Copyright Act of 1957, an author of a copyright who has been
wronged may seek civil redress. The different civil remedies include:

1) Injunctions: An injunction is a judicial decree that forbids the violator from continuing
to violate the rights of the copyright owner.
2) Damages: The owner of the copyright may seek compensation for any losses they have
incurred as a result of the infringement.
3) Interpretation of accounts: The owner of the copyright may request an interpretation of
accounts to ascertain the sum of damages sustained as a result of the copyright violation.
4) Delivery and destruction of copies made infringingly: The court may order the
offender to provide the copies made infringingly to the copyright owner and to destroy
the copies.
5) Damages for conversion: The copyright holder has the right to sue for compensation if
their work is converted.

The Copyright Act, of 1957 also provides for criminal and border enforcement remedies.
Criminal remedies provide for imprisonment, fines, seizures of infringing copies, and delivery of
infringing copies to the owner. Border enforcement provides for the prohibition of import and
destruction of any imported goods that infringe the copyright of a person with the assistance of
customs authorities.

Some sections of The Copyright Act, of 1957

Sections 13 to 32B: These sections cover the rights of the copyright owner, including the only
authority to copy, publish, perform, and disseminate the work to the general public.
They also stipulate the copyright's length, which varies according to the nature of the work and
the circumstances surrounding its creation.

Sections 37 to 39A: These sections cover the rules governing copyright registration.
They outline the registration process for copyright, together with the paperwork needed and the
associated costs. They also allow for the correction of the copyright registry.

Sections 51 to 53A: These sections address copyright infringement. They outline the various
remedies for the copyright owner in the event of infringement, including injunctions, financial
penalties, and accounting of earnings. Infringing copies may also be seized and destroyed under
their provisions.

Sections 63-70: These sections cover the clauses about global copyright. They guarantee both
the protection of Indian works abroad and the copyright protection of works coming from other
nations in India. They also outline the process for registering works that have been published
abroad.

Landmark Judgements
1) D.B. Modak v. Eastern Book Company and Others:
The issue of whether copyright exists in decisions was addressed in this case.
The Supreme Court ruled that because decisions are in the public domain, they cannot be
protected by copyright.

2) Delux Films vs R.G. Anand

In this case, the fair dealing concept was established, and it was decided that it is acceptable to
utilize copyrighted content for critique or review.

3) Super Cassette Industries Ltd. v. Entertainment Network (India) Ltd.

In this case, the idea of broadcasting rights was defined, and it was decided that broadcasting
companies hold independent copyrights in their broadcasts.

4) Amar Nath Sehgal vs the Indian Union

In this case, the moral standing of artists was upheld, and it was decided that an artist has the
right to assert their work.

5) Eastern Indian Motion Pictures Association v. Indian Performing Rights Society

Ltd.:
This case focused on the topic of royalties for the public performance of works protected by
copyrights. The Supreme Court ruled that royalty collection on behalf of copyright owners is
permitted by copyright societies.

6) In the case of Tips Industries Ltd. v. Wynk Music Ltd., which dealt with the problem
of internet streaming, it was determined that online streaming required permissions from
copyright holders.

7) In Super Cassettes Industries Ltd. v. Myspace Inc., the issue of intermediaries'

responsibility for copyright infringement was raised. The Delhi High Court ruled that if
intermediaries are aware of illegal activity but do nothing about it, they may be held
accountable.
8) Leo Burnett (India) Pvt. Ltd. and Star India Pvt. Ltd.
This decision defined the idea of copyright in commercial jingles and upheld the possibility of
copyright protection for jingles.

9) Arvee Enterprises v. ICC Development (International) Ltd.

In this instance, copyright infringement about cricket games being streamed live was discussed.
The Delhi High Court determined that live broadcasting without permission violates the
copyright.

10)YouTube LLC against Tips Industries Ltd.

In this case, the issue of internet platforms' accountability for copyright infringement by their
users was raised. According to the Delhi High Court, internet platforms have a responsibility to
remove unlawful information after being notified by copyright holders.

In conclusion, The Copyright Act, of 1957, has been interpreted and used very differently in
India as a result of these seminal rulings. They have contributed to the growth of copyright
jurisprudence in the nation and have clarified numerous facets of copyright law.