Copyright Law

Introduction
 Copyright is an exclusive right granted by law for a
specified period to the creator of a work of thought against
any form of copying by an unauthorized person.
 The object of copyright law is to encourage authors,
composers, artists and designers to create original works by
rewarding them with an exclusive right for a limited period.
 Only original works are entitled for protection under the
Act. Copyright is not concerned with literary quality, or
artistic merit or originality of thought in the work.
 Ideas are not protected by copyright; only the material form
of their expression is protected provided sufficient labor,
skill and judgment has been exercised.
 Introduction
 Remember that copyright in a work is not a single right; it bundles several
rights together. For example, copyright in a book is not merely the right to
bring it out in varied editions, but also the right to serialize it in media, to
its dramatic and cinematographic versions, translation, abridgement and
adaptation etc.
 Copyright is also accompanied with other related rights going beyond
reproduction of he work; these rights are known as Neighboring Rights.
 These include the right to works derived from the original work, the right
to public performance and the right to recording and broadcasting.
 The bundle of rights that constitutes copyright has two kinds of rights:
 (a) the economic rights that take care of the economic interests of the
author, and
 (b) the moral rights, that is, the rights that concern the status, respect
and dignity of the author.
Subject Matter of Copyright
 Literary work: Computer programmes and compilations
 Dramatic work: Any piece for recitation, choreographic
work or entertainment in a dumb show, scenic
arrangement or acting.
 Musical work: Graphical notation of music; it does not
include any work or action intended to be sung, spoken
or performed with the music.
 Artistic work: A painting, a sculpture, a drawing
(including a diagram, map, chart, plan); an engraving; a
photograph; a work of architecture having an artistic
character or design, including its model; any other work
of craftsmanship.
Subject Matter of Copyright

 Cinematograph film: Any work of visual recording

on any medium produced through a process from
which a moving image may be produced by any
means and includes a sound recording accompanying
such visual recording.
 Sound recording: Recording of sounds on any
medium, from which the original sound may be
reproduced regardless of the medium of record or of
the method used to reproduce the sounds.
Meaning of Copyright
In the case of literary, dramatic
or musical work

 to reproduce the work in any material form, this

includes storing it by electronic means;
 to perform the work in public or communicate it to the
public;
 to make any cinematograph film or sound recording in
respect of that work;
 to make any translation or adaptation of the work
In the case of artistic work

 to reproduce the work in any material form, including

depiction in 3-D of a 2-D work or in 2-D of a 3-D work;
 to communicate the work to the public;
 to include the work in any cinematograph film
In the case of cinematograph film

 to make a copy of the film, including a photograph of any

images forming part of the film;
 to sell or hire any copy of the film;
 to communicate the film to the public.
In the case of sound recording

 to make any sound recording embodying it;

 to sell or give on hire or offer for sale any copy of the
sound recording;
 to communicate the sound recording to the public.
Bundle of rights that copyright
confers
Thus, Copyright in a work is not a single right, but it
bundles several rights together which are as follows:
 the right of publication;
 the neighboring (related) rights;
 the right to prevent anybody from altering the content of
the work that may
 damage the author’s reputation; and
 the right of authorship or the right of paternity.
Criteria for Entitlement for a
Copyright

 The work be published in India, or if it is first published

outside India, the author, at the time of publication, be a
citizen of India.
 In the case of unpublished work the author must be a
citizen of India, or domiciled in India, at the time of
making the work. However, this does not apply to works
of architecture.
 In case of Architecture, the work should be in India.
Who is Author or Owner of
Copyright?

 In the case of literary and dramatic work, the author of the

work;
 In relation to music, the composer;
 In the case of a photograph, the person taking the photograph;
 In relation to a film or sound recording, the producer;
 In the case of computer generated literary, dramatic, musical or
artistic work, the person who created the work.
 But if the author is in the employment of a proprietor of a
newspaper, periodicals etc. under a service contract or makes a
work for publication in a newspaper etc, then the employer
will be the first owner only for the purpose of its
publication/reproduction.
Contract for service
 In the contract for service, a person is hired to do a certain work
but left free to decide on the course of action and the way to work in
order to deliver the work.
 The crucial consideration is to decide if the person employed as part
of the business for a work, which is integral to the business, or
whether the work under the contract is not integral part of the
business but merely accessory to business.
 If the employment and the work are integral to the business, the
contract is of service; if not, it is for service. In contract of service,
the employer is the first owner of the copyright; in a contract for
service, the copyright vests in the creator of the work.
 E.g. An architect commissioned to prepare the plan for a company’s
buildings is an independent contractor and has the copyright in the
plans created.
Some typical situations
 An abridgement of an original work is a product of considerable
investment of knowledge, skill and labor and presents the work
in a much more precise and concise way. Thus the abridgement
itself qualifies to be an original work and is a subject matter of
copyright.
 Similarly, a translation of a literary work is itself an original
literary work entitled to copyright protection, if the translator has
invested sufficient labor and skill in it. However, if the original
work is protected by copyright, publication of abridgement or
translation would require the permission of the author owning the
copyright, otherwise it will constitute infringement of the
copyright.
 Dictionaries, directories, catalogues, etc. are all subject matters of
copyright as they are original works requiring investment of
thought, skill and labor
Some typical situations
 The case of books on history is slightly different. The facts of history
carry no copyrights, but their presentation can. Also, while other literary
books may be for enjoyment alone, even if fictional, a work on history
propagates information and it is expected that information contained
there, or its thesis and conclusions would be used by others. Therefore,
the knowledge presented in a historical work can be extracted. Such
extraction can itself be the subject matter of a copyright.
 A lecture, if it is reduced to writing before delivery, carries copyright. A
lecture delivered extempore will not carry copyright but still be protected
invoking breach of confidence.
 Letters – private, business or government - whether handwritten or
dictated, carry copyrights.
 A single word cannot be copyrighted. The logic is two-fold. First, it is not
a creation of skill or labor; second, an exclusive right over a word would
take it away from use.
Registration of Copyright
 The author or publisher of any work or the owner of the copyright in any
work may apply to the Registrar of Copyright in prescribed form,
accompanied by due fees, to enter the particulars of the work under the
Register of Copyrights.
 The Registrar, after holding such enquiry as he deems fit, may enter the
particulars of the work in the register.
 There is provision for correction of entries in the register, or rectification of
the Register.
 Every entry mode in the Register, or any correction or rectification is
required to be published by the Registrar in the official Gazette.
 Registration confers a bundle of rights in relation to the copyright, as
discussed. However, it is not necessary to register the work for copyright.
There is nothing in the Act, which makes registration of copyright as a
precondition for availing of the remedies for infringement. Registration
only provides prima facie evidence of particulars entered, without the
necessity of further proof by way of production of the original.
Assignment
 Assignment is in essence a transfer of right.
 Registration is not compulsory for assignment.
 Unless the assignment is in writing and signed by the assignor or by her
duly authorized agent, it is not a valid assignment.
 The assignment should contain the identity of the work assigned and
should specify the rights assigned, the territorial extent and period of such
assignment.
 If the period of assignment is not mentioned it shall be deemed to be 5
years.
 If the territory for the assignment is not specified it shall be presumed to
extend to whole of India.
 It shall also specify the amount of royalty to be paid for the assignment.
 If the assignee does not exercise a right assigned to him within a period of
one year the assignment in respect of such right shall be deemed to have
lapsed.
Transmission
 Copyright is a kind of movable property, which can be
transferred by will, or operation of law.
 When the owner of the work or copyright dies, the
copyright will pass to her legal heirs and if she dies
without making a will, then it will go to her personal
representative.
 Where a person is entitled to a manuscript of literary,
dramatic or musical work, or to an artistic work through a
bequest and the work is not published before the death of
the testator, then, unless there is anything in the will to the
contrary, the bequest will include also copyright in such
work.
Licenses
 A license is an authorization to do a particular act.
 It is a limited right where the ownership of the copyright
still remains with the author.
 Various rights of a work like, publication rights, in book
form or in a cinematograph form, can be licensed to
different persons.
 In license the licensee gets the right to do a particular act
in accordance with the conditions imposed in the license
deed.
Compulsory License
 If the owner of the copyright in any Indian work, which has
been already published or performed in public, refuses to
republish or allow the republication of the work or refuses
permission for performance in public of the work those who are
interested in republishing the work or repetition of the
performance can complain to the Copyright Board.
 On satisfactory evidence and after hearing both sides the Board
could pass an order of compulsory license to the complainant.
 In the case of an unpublished Indian work a compulsory license
can be issued if the copyright owner is dead, or unknown, or
cannot be traced. The interested person can apply to the
Copyright Board for a license to publish the work or translation
in any language.
What Constitutes Infringement
 Anyone who violates the exclusive rights of the owner of
copyrighted work for its commercial exploitation or its
communication to the public, without the author’s consent or
authority is infringing the copyright.
 Under the Act Infringing copy means:
i. The reproduction of literary, dramatic, musical or artistic work;
ii. A copy of the cinematograph film made on any medium by any
means;
iii. In relation to sound recording any other recording embodying the
same sound recording, made by any means;
iv. In relation to a programme or performance, which entails a
broadcast reproduction right or a performer’s right, the sound
recording or cinematographic film of such programme or
performance.
What Constitutes Infringement
 The infringement occurs if any of the following acts is
committed without authorization from the author:
i. Reproduction of the work in a material form;
ii. Publication of the work;
iii. Communication of the work to the public;
iv. Performance of the work in public;
v. Making of its translations and adaptation; and
vi. Commercially exploiting the work, or trying to do so
What is not Infringement
 A fair dealing with a literary, dramatic, musical or artistic work for
private use including research, and for criticism or review;
 In the case of a computer programme, making copies or adaptation by
the lawful possessions of a copy of the programme for the original or
back up purposes; or for understanding its underlying principles and
ideas, or for non- commercial personal use;
 A fair dealing of the work for reporting current events in newspaper
or a periodical, or in a broadcast or a film or by means of a
photograph. (The publication of a compilation of addresses or
speeches delivered in public is not a fair dealing);
 Reproduction for the purpose of a judicial proceeding or a report of
judicial proceedings; or reproduction in a work prepared by the
secretariat of a legislature exclusively for the use of members of the
legislature;
What is not Infringement
 Reading or reciting in public extracts from a published literary or
dramatic work; publication of short passages in a collection for use in
educational institutions.
 Reproduction by a teacher or a pupil in the course of instruction, or as a
part of questions for examination or in answers to such questions;
 Performance in the course of activities of an educational institution, if
the audience is limited to the staff and students and parents and
guardians of the students and persons directly connected with the
institution;
 Making of sound recordings in respect of any literary, dramatic or
musical work, if the person making the recordings
i. has given a notice of his intention to make the recordings,
ii. has provided copies of all covers or labels with which the recordings are
to be sold, and
iii. has paid due royalties to the author, at the rate fixed by the copyright
Board.
What is not Infringement
 Playing the recording to an audience, if it is utilized in a room in a
private residence meant for the common use of residents, or in a
club/organization as part of the amenities provided by it, and which is
not conducted for profit;
 Performance in an amateur club before a non-paying audience, or for
the benefit of a religious institution;
 The reproduction in a newspaper, magazine, periodical of an article
on current economic, political, social or religious topics, unless the
author has reserved to herself the right of such reproduction;
 The publication in a newspaper etc. of a report of a public lecture;
 The making of a maximum of three copies for use in a public library,
if such work is not available for sale in India;
 The reproduction for the purpose of research and/or private study, or
with a view to publishing an unpublished work kept in a library,
museum or other public institution.
Remedies for Infringement
1) Injunction
2) Damages
3) Accounts
4) Otherwise
5) Penalties: A person who knowingly infringes or abets
the infringement of a copyright is punishable with
imprisonment ranging from 6 months to 3 years, and
with a fine ranging from Rs. 50,000 to Rs. 2,00,000.
Copyright Board
 The Central Government has constituted a Board called
the Copyright Board, which consists of a Chairman and
not less than two and not more than fourteen other
members.
 The tenure of office of the Board is prescribed by the
Central Government.
 The Chairman of the Copyright Board shall be a person
who is or has been a judge of High Court or is qualified
for appointment as judge of High Court.
 The Registrar of Copyrights will function as Secretary
of the Board.
Questions

 Who owns the copyright in the following cases

– and why?
a) For a chapter in this book written by an author
under contract;
b) An architectural plan prepared by an architect for a
client who had commissioned the architect paying
him a hefty fee;
c) The translation of a literary work.
Questions

 Indicate if the following statements are true or

false?
a) The owner of a copyright may assign the copyright to
another person partially and for a part of the term.
b) Once the owner assigns a copyright wholly to a
person, only then the assignment must be registered.
c) If the assignment of a copyright does not specify the
period of assignment, it will be taken to be valid for
the entire term of the copyright.
Questions

 As a translator of a short story from Italian into

English, Ram will have copyright in the
translation. Does he need to have permission
from the author of the original story in Italian?

 A book is published under a pseudonym. Who

is the owner of the copyright in this case?