Copyright Act

1. Provides protection for specified period

2. Copyright is bundle of rights
3. Only from reproduction of copyright material
4. Does not prevent another person from using either the idea or the information contained
in a Copyright material.
5. Copyright: Right provided to owner of a literary or artistic work. Exclusive right to
control the publication, distribution, and adaptation of creative works.
6. Sweat of brow doctrine: Only hard work involved
Modicum of creativity doctrine: Creativity involved
7. Oxford English Dictionary: Exclusive right given by law for a certain term of years to
an author, composer etc. (or his assignee) to print, publish and sell copies of his original
work.
8. Biotech copyright available for DNA sequences.
9. It should be tangible.
What can be protected through Copyright Act? Whose rights can be protected?
a. Literary or Dramatic Work Author
b. Musical Work Composer
c. Artistic Work Artist
d. Cinematograph Films Producer
e. Sound Recording Producer
f. Photograph Photographer
g. Computer-generated work Creator
*In course of employment, the employer is the first owner of these rights* (Sec. 17)
Copyright National V. International
Copyright Act, 1957 is compliant with these international conventions and treaties:
1. Berne Convention 1886: For the protection of literary and artistic works. Copyright
exists from the moment a work is fixed, hence there is no need for formal registration.
Aim: To harmonize the copyright mechanism across the world.
3 Core Principles: Principle of National Treatment, Principle of Automatic Protection,
Principle of Independence Protection
Article 2: Works protected under the Convention
- Books, Paintings, Music and Sculptures (Condition – Should be tangible)
- If later edited, still protected.
- Work is protected in all countries who have signed the treaty.
- Countries can choose how much protection is to be given to a design.
- Regular news and basic facts aren’t protected.
 Article 2 (bis): Limitation for protection of certain works
- Countries can decide not to protect certain speeches like political ones or ones give in
the court.
- Public talks in newspaper or on TV are not protected
Article 4: Cinematographic and Artistic Works
- Movies, Buildings and Art is protected if you live in a country which has signed the
convention.
2. Universal Copyright Convention 1951
3. International Convention for Protection of Performers, Producers of Programs (Rome
Convention, 1961) Broadcasting Organizations, 1961
4. Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS)
- Established in 1995
- Compliments Berne Convention
- Focuses on copyright protection
Article 9:
5. WCD 1996 – WIPO Copyright Treaty, 1996
World Intellectual Property Organization to protect digital rights
a. Database
b. Software
Certain categories of rights: Right in Distribution, Right of Rental = Royalty, Right of
Communication
6. World Intellectual Property Organization Performance (Phonograms Treaty, 1996)
[WPPT]
This treaty compliments existing treaties for the producers of phonograms.
It is referred to as one of the Internet Treaties. It was created to tackle the challenges
posed by rapid technological revolution particularly in the context of distributing digitally
protected work over the internet.
7. GATT
8. WTO
Indian Copyright Act, 1957
1. First right in 1914.
2. Now Indian Copyright Act, 1957; w.e.f. 1958.
3. Amendments: 1983, 1984, 1992, 1994, 1999, 2012.
4. Created Copyright Office (Registration of Copyright) and Copyright Board
(Regulation of Copyright), Copyright Societies (Administrative Dealings).
5. Introduced civil and criminal remedies against infringement.
 6. Meaning of Copyright – Sec. 14
Neighboring Rights:
1. In copyright law, related rights (or neighboring rights) are the rights of a creative work
not connected with the work's actual author. It is used in opposition to the term "authors'
rights"

2. Rome Convention for the Protection of Performers, Producers of Phonograms and

Broadcasting Organizations (1961)

3. Protection to Performers, Producers etc. (Actors, Singers, Musicians, Dancers and those
who perform or produce literary or artistic work)
Types of rights in Copyright:
1. Economic Rights
a. Produce copies or reproductions of the work and to sell those copies (including
typically electronic copies)
b. Import and export the work
c. Create derivative works
d. Perform or display the work publicly.
e. Sell or assign these rights to others
f. Transmit or display by radio or video.

2. Moral Rights
a. Right of Attribution (Right to be Identified as the Author) – The creator has the
right to be credited for their work.
b. Right of Integrity – The creator can object to modifications, distortions, or
mutilations of their work that could harm their reputation or honor.
c. Right Against False Attribution – The creator can prevent others from being falsely
credited as the author of their work.
d. Right to Withdraw or Modify (in some jurisdictions) – Some laws allow creators
to withdraw their work from public circulation or modify it.

Term and Duration of Copyright: (60 years) (Sec. 22-29)

*According to TRIPS Agreement – 50 years*
From the Death of the Author From the date of publication
1. Literary 1. Cinematograph Films
2. Dramatic 2. Sound Recordings
3. Musical 3. Posthumous Publications
 4. Photographs 4. Works of govt. and
5. Artistic Works international organizations
5. Anonymous and
pseudonymous publications

Registration of Copyright
1. Berne Convention: Not needed
2. Acquisition of copyright is automatic with the creation of work
3. Registration as prima facie evidence Copyright Symbol. (Sec. 48)
4. Copyright symbol – Universal Copyright Convention, 1952
5. Sec. 44 – Directs the copyright office to maintain a register of the registrations with the
title of work and authors details.
6. Sec. 45 r/w Rule 16 of Copyright Rules mentions about the registration process of
copyright.

Benefits of Copyright Registration

1. Safeguard of owner
2. Legal Protection
3. Brand Value
 4. Worldwide Protection
5. Copyright is an asset
6. Owner Publicity
7. Economic Stability
Counterfeiting to Copyright:
1. Counterfeit Mark: The production of certain brand bags by putting a false label and sold
at low prices.
2. Counterfeit Products: Copies of articles, similar to the original under a different name.
3. Infringement "mixed: Copy for both the model and brand. Ex. Fake LouisVuitton bags
or Rolex watches for instance.
4. Infringement of copyright: copying or using the work of another creator, without his
prior permission
Remedies for Copyright infringement:
1. Civil Remedies (Sec. 54-62) [Other than damages]
a. Injunctions [Temporary, Permanent, Interlocutory Injunctions (Provisions under
Order XXXIX, CPC)]
b. Mareva Injunction [A court order freezing a debtor’s assets to prevent them being
taken abroad (Order XXXVIII, Rule 5, CPC)]
c. John Doe Order [When person committing a breach is not known, ‘John Doe’ is used
to denote those persons in U.S.A. and U.K., in India the name ‘Ashok Kumar’ has
been used (Order XXX Rule 1, CPC)
d. Anton Piller Order (Search and Seizure) [A court order allowing a party to litigation
to enter the premises of another to search for and, if found remove all specified
documents/items. Only when:
i. There is an extremely strong prima facie case against the respondent,
ii. The damage, potential or actual, must be very serious for the applicant,
and
iii. There must be clear evidence that the respondents have in their possession
relevant documents or things and that there is a real possibility that they
may destroy such material.
e. Damages
f. Accounts
g. Delivery of infringing copy
h. Damages for conversion
*Jurisdiction – District Court*
2. Criminal Remedies (Sec. 63-69)
a. Imprisonment (First Offence - 6 months to 3 years + Fine – 50K to 200K)
 (Subsequent Offence – 1 to 3 years + Fine - 1 lakh to 3 Lakh)
b. Seizures of infringing copies. (SI or above rank)
3. Administrative Remedies
These involve actions taken by government agencies or regulatory bodies outside of the court
system.
a. Take-Down Notices (DMCA & Similar Laws)
Copyright owners can issue take-down requests to online platforms (e.g., YouTube,
Google) to remove infringing content.

b. Blocking Websites
Courts or regulatory bodies may order ISPs (Internet Service Providers) to block
access to websites that host pirated content.

c. Border Control Measures

Customs authorities can seize counterfeit or pirated goods at borders to prevent
distribution.
4. Groundless Threat
1. If someone is threatening, you of legal action by claiming as the owner of the
copyright.

2. You can file a declaratory suit under Section 60 to obtain injunction against
continuation of such threats and get damages for it.

3. But you have to prove that the threat does not have a ground and is baseless.

4. Section 60 can’t be used once the person threatening has filed a suit for infringement
of his rights against you.
Limitations to Copyright:
1. Idea-expression dichotomy – Protects only the original expression of ideas, and not the
ideas themselves.
2. Public Domain Work – Works which do not have protection, or which have an expired
copyright or Orphan Works after the granting of compulsory license.
3. The first-sale doctrine – Does not restrict the owner of a copy from reselling legitimately
obtained copies of the copyrighted works.
4. Fair use and fair dealing – For the purpose of research or private study
For learning and teaching in a classroom
For criticism or overview
For reporting current events
 In connection with judicial proceeding
Performance to non-paying audience
Other specific conditions
5. Some govt. works are exempted in India – Act of legislature
Report of a committee, commission, council,
Board or other like body appointed by govt.
Judgement or order of a court, tribunal etc.
Fair Use Doctrine:
(Section 52 - Certain Acts not to be infringement of copyright)

 Single copy for private, personal and non-commercial purposes for research and study
Criticism or review of that work
 Making of Copies or adaptations of a computer program by the lawful possessor of such
program
 Making of backup copies purely as a temporary protection against loss or damage
 Use of work for the purpose of reporting current events in a newspaper etc.
 Use of work for judicial proceedings
 Reproduction or publication of a work prepared by the Secretariat of a legislature.
 Read or Recitation in public of any extract
 The reproduction by a teacher or a pupil in the course of instruction
 The making of not more than three copies of a book by or under the direction of the person
in charge of a public library for the use of the library if such book is not available for sale
in India.
 2012 amendment now covers all works (films, sound recordings etc.) with regard to fair
use, except software
Licenses and Assignments:
 License (Sec. 30) - Voluntary (Sec. 30) – Granting of interest in the right by license
Compulsory (Sec. 31, 31A, B, C, D, 32) – For orphan works or if the work is
withheld from public
 Assignment (Sec. 53, TM Act) - Copyright is transferred to another party on contractual
basis. Different transfers can be made for the same work, an author may permit her book
to be made into a play (Warner Bros.), merchandise (Funskool), theme park (Universal)
etc. Ex – JK Rowling and Harry Potter.
 Both assignment and license can be for existing and future works.
Jurisdiction of Courts:
A suit or other civil proceedings relating to infringement of copyright is filed in the District
Court or High 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 Period - 3 years from the date of infringement.
Case Laws:
1. R.G. Anand V. Delux Films, AIR 1978 SC 1613
Copyright protects the expression of Idea not the idea itself.

2. V.T. Thomas and Ors. V. Malayala Manorama Co. Ltd., AIR 1989 Ker 49)
Cartoon named 'Boban and Molly; which was created before starting employment at
Manorama, so the copyright is held by V.T Thomas and not the employer.

3. Nav Sahitya Prakash and Ors. V. Anand Kumar and Ors.

Registration of copyright is not compulsory.

4. Taj Television V. Rajan Mandal, 2003 FSR 22

John Doe order was first used.

5. Pepsico got its ‘John Doe’ or ‘Ashok Kumar’ order to remove all content which was
maligning the image of its product Kurkure.
6. Titan Industries V. Prashant Purabati and Ors. (Delhi HC, 1998)
Registered trademark – www.tanishq.com was already registered by the Defendant, court
passed ex-parte order in favor of Titan.
7. Yahoo Inc. V. Akash Arora and Net Link Internet Service (Delhi HC, 1999)
Yahoo.in was already registered by the Defendant, Court- Yahoo is a well-known
trademark even if used as Yahoo India, traces back to Yahoo.