• INTELLECTUAL PROPERTY LAW

• LLB I & BA LLB III

• PAPER VIII
• ASST PROF UMESH U. KATEKAR
• DAYANAND COLLEGE OF LAW, LATUR
Copyright Law
• Meaning of Copyright –
• The word “Copyright” is derived from the expression
“copier of words”.
• The word “Copy” means “transcript, imitation, reproduction
of original writing, painting, instrument or the like”.
• Oxford English Dictionary –
• The exclusive right given by law for a certain term of years
to an author, composer etc. (or his assignee) to print,
publish & sell copies of his original work.
• It is an exclusive right of multiplying, commercially dealing
with & making assignment of the copies of the work
recognized by law as subject matter of copyright for a
specified period.
 Copyright Law in India
• Following are the instances/phases of development of
copyright laws in India –
• I) Copyright Act, 1847 –
• It is the first statute law in India relating to copyright. It
was enacted during the East India Company’s regime. It
was passed by the Governor General of India to affirm the
applicability of law that obtained in England to India. Not
much information is available regarding the operation of
this legislation during the period of 1847-1911.
• II) Indian Copyright Act, 1914 –
• The Imperial Copyright Act, 1911 was passed in England.
This Act was made applicable to all the countries under
the British Dominion including India. The Governor
General of India enacted Indian Copyright Act, 1914.
• Some Important Provisions of Indian Copyright Act,
1914 –
• A) Registration of authors work is not necessary.
• B) The authors right came into existence as soon as the work
was created.
• C) Protection was not afforded not to ideas but to the
material form in which the work was expressed.
• D) Only original works attracted the protection of copyright
law.
• E) The term of copyright protection was fixed as the lifetime
of the author & 25 years after his death. Etc.
• It has 15 Sections. It prescribed penalties for infringement of
copyright which was not considered a criminal offence. It
authorized the destruction of infringing copies or their
delivery to the copyright owner.
• III) The Copyright Act, 1957 –
• After acquiring of independence in 1947, India felt
serious need of new self contained law on copyright
in the light of growing public consciousness
regarding rights & obligations of authors & the new
developments & technological advances. Also the old
law did not meet with these changing situations.
• Hence, the Copyright Act was enacted in 1957.
• It has 79 Sections & 28 Copyright Rules.
• It was amended in the years of 1983, 1984, 1994 &
1999.
• Salient Features of the Copyright Act, 1957-
• I) It provides comprehensive definition of CR.
• II) Provisions for CR Office & CR Board for the
purpose of registration of copyright & for settlement
of certain kinds of disputes.
• III) Provision for compulsory licensing of CR.
• IV) Provisions to determine First Ownership of CR in
different categories of work.
• V) Provisions for definition for various categories of
work in which CR subsists.
• VI) Scope of rights conferred on authors of CR is
adequately described.
• VII) It states term of CR for different kinds of work.
• VIII) Provisions relating to assignment of CR.
• IX) Provisions relating to performing rights of or by
societies.
• X) Provisions for broadcasting rights.
• XI) Provision for international CR.
• XII) Definition of infringement of CR.
• XIII) Civil & criminal remedies against infringement.
• XIV) Remedies against groundless threat of legal
proceedings.
• Objectives of Copyright Act, 1957 –
I) To give protection to the owner of the copyright
From the dishonest manufacturers, who try to confuse
public & make them believe that the infringed
products are the products of the owner.
II) To discourage the dishonest manufacturers-
From enchasing the goodwill of the owner of the
copyright, who has established itself in the market
with its own efforts.( Case-Hawkins Appliances Co.
V. Magi Cook Appliances Co.)
III) To reward the authors, writers, composers
etc.- The exclusive right to reproduce the work for
commercial exploitation & thus encouraging them to
create original works.
IV) To give encouragement to the original work –
The main object of the act is to encourage authors,
composers, artists & designers to create original works by
rewarding them with the exclusive right for a limited period
( usually for the life of the originator plus 60 years) to
exploit the work for monetary gain.
V) To give protection to the Originator –
The copyright law aims to protect the author or the creator
of the original work from the unauthorized reproduction or
exploitation of his/her materials.
The right also extends to prevent others from exercising
without authority any other form of right attached to
copyright, eg. In case of literary work, the right of
translation, adaptation or abridgement.
VI) To regulate copyright in India.
VII) To implement international obligation for
protection of copyright.
VII) To provide better protection through
registration.
VIII) To protect private & public interests by
balancing it.
• Copyright – Definition
• Every author has copyright in his creation.
• It is his inherent right because he is the creator.
• It is exclusive right available to produce, reproduce,
publish, perform his work in all ways known &
possible.
Meaning of Copyright – S. 14 of the Act
Copyright means the exclusive right to do or
authorize the doing of any of the following acts in
respect of a work or any substantial part thereof,
namely : -
• A) In 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
• 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).
• (CODEWORD- RAT TCS IPC) or (TRAP ITC)
• B) In case of a Computer Programme -
• i) to do any of the acts specified in clause (a);
• ii) to sell or to give on commercial rental or offer for
sale or for commercial rental any copy of the
computer programme.
• C) In case of An Artistic Work -
• i) to reproduce the work in any material form
including depiction in 3D of a 2D work or in 2D of a
3D 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 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 copy of the sound recording;
• II) to sell or give on hire, or offer for sale or hire any
copy of the sound recording;
• III) to communicate the sound recording to the
public.
• Copyright – Available in Following Works –
• Copyright comprises a bundle of rights which exists
in various types of works including –
• Literary works such as books, pamphlets, magazines.
• Dramatic works
• Music
• Artistic works including photographs.
• Films
• Artistic architectural works.
• In short, Copyright is the exclusive right as defined
by the Copyright Act, 1957 to do or to authorize the
doing of certain acts.
In respect of literary works, dramatic works or musical
works, the copyright exists, to do or to authorize the doing
of any of the following acts –
I) Reproduction of the work in any material form.
II) Storing the same in any medium by electronic means.
III) Issuing copies of the work to the public provided that they are
already not in circulation.
IV) Performing the work in a public place.
V) Communicating the work to the public.
VI) Making any cinematographic film or sound recording in respect
of the two works.
VII) Translation the work.
VIII)Adaptation of the work.
IX) Doing translation or adaptation of the work of any of the above
activities.
(CODEWORD- (RAT TCS IPC)
• Essentials/Characteristics of Copyright –
• It is a creation of statute.
• It provide bundle of multiple rights.
• It require original work i.e. use of original skill or
labour.
• It exist in expression of idea & not in idea.
• It does not confer monopoly in subject matter.
• Copyright protection is not available in/for immoral
work.
• Essential Conditions for Copyright Existence &
Protection –
• Following are the essential conditions & features of
copyright protection –
• 1) The work must be Original –
• The work need not be the expression of original or
invented thoughts. It must not be copied from other
works & must originate from the author.
• 2) Copyright law protects expression of ideas & not
the ideas themselves.
• 3) Non- registration does not affect the Copyright-
• The Indian Copyright law does not make the
registration of copyright in a work, a sine qua non.
• 4) Use of original skill or labour is essential to
acquire copyright in a work-The expenditure of
original skill or labour in the execution & not
originality of thought.
• 5) There is no copyright in a copy of any other work
or in a similar work.
• 6) Copyright is a creation of Statute.
• 7) Copyright is not an Actionable Claim. It is a
beneficial interest in movable property but the owner
of the right has actual or constructive possession of
the same & therefore copyright hardly comes within
the purview of actionable claim under Transfer of
Property Act, 1882.
• Subject Matter of Copyright/In which work
Copyright subsists? (S.13 of the Act) -
• S. 13 of the Act deals with two things –
• 1. Availability of copyright through of India.
• 2. It is available in works mentioned in S. 13 of the
Act.
• A/c to S.13 following are the subject matters of the
copyright –
• 1. Original literary work, dramatic work, musical
work & artistic work
• 2. Cinematograph films
• 3. Sound recordings
• 1. Original Literary Works -
• Original literary work is product of human mind- it
may consist series of verbal or numeral statements.
• S. 2(o) define literary work to include- computer
programme, tables, compilation including computer
database.
• Literary work gets protection only when it is original.
• Originality Test –
• For work to be original- it should not be copied from
another work.
• A work is original if author has applied his skill,
labour for creation of work.
• Rupendra Kashyap v. Jiwan Publishing House.
• - The Supreme Court held that the word original used in
S. 13 does not mean the originality of idea but merely
mean that work in question should not be copied from the
work of another & it should originate from skill & labour
of authors. (CBSE’s copyright in respect of paper set by
the setters for consideration under its direction and
control was upheld).
• Eg. Dissertation, research thesis, project report.
• 2. Question Papers- The person who sets question papers
with his skill is author of copyright.
• 3. Encyclopedias, dictionary, head notes of law reports &
digest, novels etc.
• 2. Original Artistic Works –
• A/c to S. 2(cc) Artistic Work means painting, sculpture, a
drawing including diagramme, map, chart or plan.
• It may be work of architecture or any other similar architect or
craftsmanship.
• Following are the examples of original work –
• I) Painting- Monalisa
• II) Photograph – It is artistic work. It must be original. It
means it must be taken by the photographer.
• To get protection the use of some degree of skill is essential.
• Eg. A building photographed in particular manner is subject
matter of copyright.
• 3. Sculpture – It is an art of carving, casting, chiseling &
models.
• Works which are not artistic craftsmanship –
• A) Work of cobbler
• B) work of plumber
• C) work of thatcher
• D) work of wheelwright etc.
• Works which are artistic craftsmanship –
• A) work of blacksmith
• B) work of printers
• C) work of weavers
• D) work of bookbinders
• E) work of cutlers
• F) work of maker of hand painted tiles
• G) work of maker of stained glass windows.
• 3. Original Musical Works –
• A/c to S. 2(p) of the Act, musical work means work
consisting music & includes graphical notation of
such work.
• But it does not include any words or actions intended
to be sung, spoken or performed with music.
• Eg. Song- There is no copyright to song.
• 1. The words of copyright create right in author.
• 2. Music creates right to composer.
• But when song is written & composed by the same
person he would own copyright.
• Remix song- It is adaptation of song & it is not
infringement if it is made with permission.
• Gramophone Co. of India v. Super Cassettes
Industries
• - The Court held that remix recording if done by
skillful & labour, re-arrangement of different music
with due permission of original owner of song,
remixer can claim protection. (Hum Apke Hain Kaun
case/ version recording).
• 4. Copyright in respect of Cinematographic Films-
• Meaning of Cinematograph Film – Sec. 2 (f)
• It means any work of visual recording on any medium produced
through a process from which a moving image may be produced
by any means & includes a sound recording accompanying such
visual recording.
• It denotes a visual recording whether accompanied by a sound
recording or not. It must be produced through a process from
which a moving image may be produced by any means.
• It includes sound track of a film & sounds embodied in a sound
track which is associated with the film. The video tapes, videos,
T.V., VCR which are capable of use for the reception of signs,
signals, images & sounds come under the head of
cinematograph.
• Author of cinematograph film – It’s Producer.
• Forms of Copyright in Cinematograph Films –
• 1) Live Events – Copyright is not permitted in recording of
live events like political incidents, sporting events, natural
calamities & accidents.
• 2) Historical Events – Copyright is not permitted on
historical events.
• E.g.No one can claim copyright on life history of Bhagat
Singh or Mahatma Gandhi.
• 3) Performance of Artist in cinematograph film –
• It is not considered as a subject matter of copyright.
• Case – Fortune Films International v. Dev Anand & Others.
• 4) Stage Play – A cinematograph film based on stage play
without the consent of owner of copyright of stage play
amounts to infringement of copyright.
• 5. Computer Softwares & Programmes –
• A Computer programme means a set of instructions,
expressed in words, codes, schemes, or in any other form,
including a machine readable medium, capable of causing a
computer to perform a particular task or achieve a particular
result.
• A computer programme may be written in any computer
language like COBOL, FORTRAN, CAR PASCAL.
• It could be a programme like WINDOWS of Microsoft
Corporation of USA or JAWA etc. a machine readable
medium may be in a High Level Language (HLL), part of
computer hardware. It could be stored in any form like a
magnetic tape, disc, drive or IC.
• It is essential that, the computer programme must be
capable of causing a computer to perform a particular task
or achieve a particular result.
• Extent of Copyright in Computer Programme-
• In case of a computer programme, the copyright extends to –
• 1) Doing any of the acts like reproduction, storage &
translation etc. which can be done in respect of the literary,
dramatic or musical works ; and
• 2) Selling or giving on hire, or offering for sale or hire any
computer programme whether in circulation or not.
• By the amendment of 1994, the Indian legislation is
advanced in protecting the computer programme from piracy
by substitution of computer programme’s definition.
• Burlington Home Shopping Pvt. Ltd. V. Rajneesh
Chibber & Another
• - The court held that the computer database as subject of
copyright.
• 6. Work of Architecture –
• A work of architecture means any building or
structure having an artistic character or design or any
model for such building or structure.
• It is eligible for CR protection as artistic work.
• Essential – The work must have artistic quality.
• A/c to S. 13(5) copyright in architecture does not
extend to process of construction but to the building
or structure which constitute the work of architecture.
• Plan of building enjoy CR along with structure or
apart from them.
• 7. Copyright in respect of Sound Recording –
• A Sound Recording means a recording of sounds from
which such sounds may be produced regardless of the
medium on which such recording is made or the
method by which the sounds are produced.
• The Copyright Act, 1957 extends protection in respect
of sound recordings as follows –
• A) Making any other sound record in embodying them
or duplicating them
• B) Selling or giving on hire or offering 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.
• C) Communicating the sound recording to the public.
The music industry which includes singers, music
composers and manufacturers & producers of audio-
video cassettes who become victims of piracy in case
of sound recordings.
The sound recording such as tape, vinyl disc, compact
disc, compact cassette, or other devices embodying
sounds which are capable of being reproduced there
from are protected copyright works.
• Copyright subsists in sound recording only if it is
lawfully made & where there is literary, dramatic or
musical work in case of sound recordings, copyright
in such work has been infringed.
• In India, there is the Indian Phonographic Industry
(IPI) which is a trade association of leading sound-
recording producers from all over India. Its members
include Gramophone Company of India i.e. HMV,
Venus Recording Company, TIPS, Magna Sound etc.
The IPI members sell only the legitimate recordings.
• A/c to Sec. 2(d) of the Act, producer of the sound
recording is the author thereof.
• Works in which Copyright Shall Not Subsist –
• 1) In case of a Published Work, the work is first
published in India, or where the work is first
published outside India, the author is at the date of
such publication, or in a case where the author was
dead at that date, was at the time of his death, a
citizen of India.
• 2) In case of Unpublished Work other than, work of
Architecture, the author is at the date of the making
of work a citizen of India or domiciled in India, and
• 3) In the case of Work of Architecture, the work is
located in India.
• 4) In any Cinematograph Film, if a substantial part of
the film is an infringement of the copyright in any
other work.
• 5) In any Sound Recording made in respect of a
literary, dramatic or musical work, if in making the
sound recording, copyright in such work has been
infringed.
• 6) In case of Work of Architecture, copyright shall
subsist only in the artistic character & design and
shall not extend to processes or methods of
construction.
• Ownership of Copyright –
• What is ownership –
• The owner of copyright means the person who is
entitled to copyright.
• The person who tries to give concrete shape to idea is
entitled to copyright.
• Therefore originator of brilliant idea is not the owner of
copyright unless he is the creator of work.
• Thus, if a person has brilliant idea for story, play or
picture & he communicate the idea to other, who
actually gives shape to such idea in forms of book, play
or picture, the later shall be the person entitled for
copyright.
• Determination of Copyright –
• Intellectual property does not exist in natural state, it
has to be created by using high degree of intellect.
• The general rule is the creator of intellectual property
acquires ownership of property created.
• The claim of ownership is based on authorship.
Therefore the author is the first owner of copyright
work.
• Who is Author ?- S. 2(d) of the Act
• 1. General Rule –
• Usually, the first owner of the copyright in a work is
it’s author.
• The Author is –
• In relation to literary or dramatic work, the author of
the work.
• In relation to a musical work, the composer.
• In relation to an artistic work other than a
photograph, the artist.
• In relation to a photograph, the photographer i.e. the
person taking the photograph.
• In relation to a cinematograph film or sound
recording, the producer &
• In relation to any literary, dramatic, musical or artistic
work which is computer generated, the person who
causes the work to be created.
• Role of Nationality in determination of authorship
of a work –
• 1. Nationality of author is important factor in
determination of ownership –
• Where the work is firstly published outside India, the
author should be Indian citizen at the time of
publication.
• In case of unpublished work other than architecture,
the author at the time of making of work must be
citizen of India.
• In case of work of architecture, the work should be
located in India.
• 2. Authorship claim on work during employment
or contract of service –
• A/c to S. 17(a) of the Act, in case any literary, artistic
or dramatic work is created by employee in the
course of employment under the proprietor of
newspaper, periodical or publication, the said
proprietor shall be owner of copyright to such work
unless contrary agreement between them.
• The general principle is that, the person is employed
for said work & paid for the work. Therefore the
product of his labour & creativity belongs to the
proprietor.
• 3. Joint Ownership –
• Where the work is created or done by active & close
intellectual collaboration & co-operation between two
person, then both persons are joint authors of the work.
• Aamir Raza Hussain v. Cinevistaas Ltd, the court held
that the authors of the play “Kargil 50 Day War” would
be the owners of copyright in it & even they entered
into a joint venture agreement with the respondent to
produce a film based on it, their ownership in it does
not change.
• 4. Government Work –
• Government is the owner unless contrary agreement is
between creators is formed.
• 5. Lectures delivered in Public –
• The person who gives the public lecture is the owner.
• If it is address or speech is delivered on behalf of
other person, the other person shall be the owner.
• 6. Copyright in Collective Work –
• Collective works like encyclopedia, dictionary etc.
• Person who collected, edited & organized the whole
work is the owner.
• Registration of Copyright –
• As we all know that copyright is statutory & it can be
enjoyed within the parameters of copyright Act.
• The moment a work is created, copyright subsists in it.
• The Act does not provide any provisions depriving
author from this basic right without registration.
• Registration of Copyright (Ss. 44 – 50 of Act) –
• Ss. 44 to 50 of the Act contain provisions for
registration of copyright.
• It casts the responsibility on Govt. to provide
mechanism for registration of CR.
• Case - Nav Sahitya Prakashan v. Anand Kumar
• - The Court held that the Act does not deprive author of
his right merely for non-registration of copyright.
• Yet the registration of copyright offers more benefits
over non-registration.
• Registration is optional but beneficial.
• Therefore to secure CR protection to a work registration
is necessary.
• Case - Kaviraj Mishra v. Sadhu Mathani
• - The court held that, registration of CR is optional &
failure to register a work does not deprive the rights of
author to file suit against infringement.
• Advantages of Registration –
• I) It helps in establishing jurisdiction of work &
court.
• II) It helps in determination of author.
• III) It confirms originality & validity of CR work.
• IV) It helps to determine infringement & period of
protection.
• V) It eliminates defense of innocent infringement.
• Copyright Office is located at Bouddhik Sampada
Bhavan, New Delhi.
• Department of Industrial Policy & Promotion,
Ministry of Commerce & Industry Government of
India.
• 1. Copyright Office & Register for Registration –
• S. 44 of the Act imposes duty upon CR Office established
u/s 9 of the Act to maintain Register in prescribed form.
• The CRO shall make following entries in such Register
• I) The name of title of work
• II) The names & addresses of author, publishers, owners
of work
• III) Such other necessary particulars
• IV) The Register shall contain six parts for registration of
following works separately –
• A) Literary Works B) Musical Works
• C) Artistic Work D) Cinematograph
• E) Sound Recording F) Computer Programmes
• 2. Application for Registration –
• The Act provide Prescribed Form for registration of
copy right i.e. Form IV & V.
• Every application shall be made in accordance with
Form IV for Application or Form V for any
changes in application.
• The application shall accompany the prescribed fees
& necessary documents relating to authorship etc.
• The application must be made in triplicate.
• It must be submitted to prescribed CRO of competent
jurisdiction.
• 3. Notice for Public –
• The person applying for copyright shall give public
notice.
• The notice shall be given to inform public that he is
applying for registration of work mentioned in notice
& call upon objections, if any.
• The notice enable interested persons to raise
objections against registration.
• The objections must be within 30 days from notice.
• The objections must be raised in written.
• It must be submitted to CRO.
• 4. Registration by Registrar –
• If the CRO shall decide the registration or non-
registration of CR work at expiry of objection period.
• If no objections are registered, the Registrar of CR
shall make entries in registration book in prescribed
manner.
• If objections received provide opportunity to person
& decide registrability of work.
• It means on the receipt of an application in respect of
any work, the registrar of copyrights may, after
holding an inquiry, enter the particulars of the work in
the Register of copyrights.
• 5. Copy to Applicant –
• It is the duty of Registrar to register the work.
• The Registrar, after making entries in Register, shall
send its copy to person applying for CR.
• 6. Register of CR shall be open to all persons –
• The Register of CR & entries made under it , & index
of registered works for CR, shall be open for
inspection.
• Any person can inspect or go through it by following
procedure provided by office.
• 7. Evidentiary Value of Register or It’s Copy –
• S. 48 of the Act deals with evidentiary value of
Register of CR & registration.
• The Register of CR is prima facie evidence of
existence & creation of CR.
• It is conclusive proof that work is original & person
is author of work & entitled to different rights under
the act.
• The certified copies of Register or entries or extract
from Register & signed by Registrar (with the Seal of
Registrar) shall be admissible as evidence in all
courts without any further proof.
• 8. Rectification of Register –
• The registration obtained by fraud, by mistake, or by
suppression of fact is liable to be cancelled.
• The CR Board shall have power to rectify the
Register.
• The Board can correct or rectify the register.
• 9. Publication (S.50A of the Act) –
• This section requires publication of entries in
Register at the time of registration.
• The rectification shall be published in Official
Gazette of India.
• The publication makes known the general public
about rectification.
• Term of Copyright (Period of CR Protection) –
• The CR confers bundle of rights in favour of owner.
• It enable him to exploit the work & make economic gain.
• But this right cannot be granted for indefinite period.
• The law has to balance private interest (gain) & public interest.
• Therefore the Act has fixed limited period for exclusive
enjoyment of CR for its owner.
• After expiry of period public interest protected.
• The term of CR differs from one work to another.
• Ss. 22 to 29 of the Act deals with CR term.
• 1. It means the duration or continuation of CR in work.
• It is necessary to encourage creativity with protection. On the
other hand, it is also necessary that it should not be continued
forever, in public interest. Hence limited period for this is given.
• 2. Publication –
• Publication of work is necessary for determination of term of protection.
• The term of CR is fixed by considering the date of time of publication.
• The term of CR depends on determination of first publication of work.
• 3. What is Publication ? (S.3 of the Act) –
• Publication (for the purpose of the Act) means making a work available
to public by issuing copies or by communicating work to public.
• Communication to public means making work for being seen or heard
or otherwise enjoyed by public directly or by means of display.
• The first publication of work is important for determination of CR
works & rights.
• The CR subsists in any work if the work is first published in or outside
the India.
• Sale copies not essential for Publication- Mere issue of copies to public
would be sufficient.
• If any dispute arises about the Publication – The decision of CR Board
shall be final.
• 3. Different Terms of CR under the Act (Ss. 22 to 29 ) –
• I) For published Literary, Dramatic, Musical & Artistic Work
(S.22) –
• The term of CR is available for lifetime of author plus 60 years
from his death.
• II) In case of Anonymous Work or Pseudonymous
Work (S.23) –
• An anonymous work is that work in which authors identity is not
disclosed.
• Pseudonymous work is that work in which the real identity of
author is concealed or hidden & fictitious name of author is
displayed.
• In both cases the term of CR shall be continued for 60 years from
its publication.
• However before the end of 60 years if the name is disclosed – It
extends to life time of author plus 60 years from death.
• III) Posthumous Work (S.24) –
• When the work is published after the death of author,
it is called as posthumous work.
• The term of CR shall be 60 years from the
publication.
• IV) Photograph (S. 25) –
• It includes photolithograph or photograph.
• It does not include any part cinematograph.
• Term of CR is available for 60 years – since it is
excluded from protection period of literary or artistic
work.
• V) Cinematograph Films (S. 26) –
• Cinematograph film has been construed & includes video
films, T.V. serials, cinema & documentary.
• The term of CR has been limited 60 years from its
publication.
• VI) Sound Recording (S. 27) –
• The term of CR is fixed for 60 years from the publication
of sound recording.
• VII) Government Works (S.28) -
• The term of CR is 60 years from its publication.
• VIII) Work of Public Undertakings (S.28-A)
• The term of CR is for 60 years from its publication.
• IX) Work of International Organization (S.29) –
• Term of CR is for 60 years from its publication.
• Rights of Owner of Copyright –
• Owner of CR enjoy bundle of rights.
• There are two kinds of rights of Owner of CR
• A) Economic or General Rights
• B) Special or Moral Rights
• A) Economic or General Rights –
• I) Right of Assignment
• II) Right to Relinquish Copyright
• III) Right to Grant Licences
• IV) Collective Right to Control Administration of
Owner’s Rights by Copyright Society
• V) Broadcast Reproduction Right
• VI) Performer’s Right
• VII) Right to Enter Names in Register of Copyrights
& other Incidental Rights
• B) Special/Moral Rights –
I)Paternity Right ( Right to Authorship)
II) Integrity Right (Right to Reputation)
III) Right to Claim Infringing Copies
IV) Right to Civil Remedies
V) Right to Criminal Remedies
• A) Economic or General Rights –
• I) Right of Assignment –
• Assignment means lawful transfer of any of right to
another person for duration fixed by him.
• Ss. 18-22 of the Act provides power of owner to
assign the CR, mode of assignment, procedure &
adjudication of dispute in respect of assignment.
• The owner of the CR may either exploit the work by
himself or he can transfer it either fully or partly to
others through different ways such as assignment or
license for limited period.
• a) Meaning of Assignment –
• Assignment of CR is transfer of ownership in right to
other person.
• License is the permission to something in respect of
work.
• In assignment, the owner transfer his right to any person.
• The person who transfer (assigns) CR is called as
“Assignor” & the person to whom rights are assigned is
called as “Assignee”.
• b) Effect of Assignment –
• The effect of assignment is that the assignee becomes
entitled to exercise all rights related to CR of assigned
work.
• c) Mode of Assignment (S.19) –
• Assignment of CR can be done by following mode –
• I) It must be in writing –
• Assignment is valid only when it is in writing.
• It must be signed by the assignor & assignee or their
duly authorized agent.
• II) Description of Work –
• The assignment instrument shall identify –
• - work
• - specify right assigned in favor of assignee.
• - duration of assignment
• - territorial extent of such assignment.
 III) Consideration –
The instrument of assignment shall also specify the
amount of royalty as consideration payable to author
or his legal heirs during term of assignment of CR.
• IV) Assignment to Lapse after One Year –
• Where the assignee does not exercise his rights within
period of one year from date of assignment, it shall be
deemed to have lapsed.
• V) Duration of Assignment –
• If the duration of assignment is not stated in
instrument, it shall be deemed to 5 years from the
date of assignment.
• VI) Territorial Extent of Assignment –
• If it is not stated or specified in instrument, it shall be
deemed to extend to the whole of India.
• VII) Disputes of Assignment –
• Complaint to CR Board.
• The decision of the Board shall be final.
• II) Right to Relinquish Copyright (S.21(1)) –
• Relinquishment is voluntary act of giving up
copyright in a work by its author without expecting
any returns.
• The author of CR can give up all or any of his right in
CR.
• The right can be waived by giving prescribed notice
to CR Office.
• The CR so relinquished enter in public domain. It
can not be reclaimed.
• III) Right to Grant licenses –
• The owner of CR in an existing work or prospective
owner of the CR in any future work may grant any
interest in the CR by license in writing signed by him.
• In case of future work, the license shall have effect
only when the work comes into existence. If the
licensee dies before the work comes into existence,
his legal representatives shall be entitled to the
benefit of license, subject to any agreement to
contrary.
• IV) Collective Right to Control Administration of
Owner’s Rights by Copyright Society –
• Copyright owners have collective right of
administration over copyright society.
• The owners approval is necessary with regard to
collection & distribution of fees & utilization of
amounts collected.
• The owners are entitled to regular, full & detailed
information concerning all the activities of CR
societies in relation to administration of their rights.
• V) Broadcast Reproduction Right -
• Every broadcasting organization has broadcast
reproduction right in respect of broadcast for 25 years
following the year in which the broadcast is made.
• Without the license of the owner, no person can
rebroadcast, make any sound recording or visual
recording, sell or hire of such recording of such
broadcast etc.
• VI) Performer’s Right –
• Where any performer appears or engages in any
performance, he will be entitled to a special right
known as “performers right” in relation to such
performance.
• It subsists for 50 years from the beginning of the
calendar year next, following the year in which the
performance is made.
• During the continuance of a performers right, making
of sound recording or visual recording of such
performance, its reproduction, broadcasting or
communication to public is not allowed without the
consent of the performer.
• These restrictions are not applicable when a
performer as consented to the incorporation of his
performance in a cinematograph film.
• The private use, bonafide teaching or research or for
reporting of current events etc. does not lead to
infringement of this right.
• VII) Right to Enter Names in Register of
Copyrights & other Incidental Rights –
• The owner of copyright by making prescribed
application has right to get the particulars of work
entered in the Register of Copyrights.
• Other incidental rights are the rights like the right to
correction of entries in the register or to get the
entries rectified by the CR Board & to get the entries
in the Register published.
• B) Special/Moral Rights (S.57) –
• Moral rights are the rights of individual creators in
copyright works or films they have created.
• Moral rights are separate from the economic rights of
the CR owner, such as the rights to reproduce the
work or communicate it to the public.
• The authors special rights are also called as “Moral
Rights”.
• These rights are intended to protect the personality of
the author.
• I) Paternity Right (Right to Claim Authorship) –
• The right of paternity refers to a right of an author to
claim authorship of work & a right to prevent all
others from claiming authorship of his work.
• It aims to determine whether & how the author’s
name shall be affixed to the work.
• It establishes three separate but related protection
namely –
• a) that it is author’s right to be made known to the
public as the creator of the work. If the author so desires,
his or her name must appear on all copies as well as
advertising & other publicity for the work.
• b) that an author can prevent others from usurping his
work by naming another person as the author. This allows
the author to prevent plagiarism of the work. &
• c) that an author can prevent others from wrongfully
attributing to him a work he has not written. This
protects the author from false attribution of authorship &
from being named as the author of a work that has been
mutilated.
• II) Right to Reputation (Right of Integrity) –
• It empowers the author to prevent distortion,
mutilation or other alterations of his work, or any
other action in relation to said work, which would be
prejudicial to his honor or reputation.
• Right to decide whether to publish or not to publish
the work.
• Right to claim authorship of a published or exhibited
work.
• Right to prevent alteration & other actions that may
damage the authors honor or reputation
• The Right of Integrity-
• The right of integrity is the most important moral right. It
implies that the work of art is an expression of the artist’s
personality so distortion, dismemberment or
misrepresentation of the work mistreats an expression of
the artist’s personality, affects his artistic identity,
personality & honor, and thus impairs a legally protected
personality interest.
• The right provides author with a right to prohibit
modifications of their works without their consent
regardless of whether the modification would negatively
impact or objectively improve the work.
• Right to restrain or claim damages.
• Mannu Bhandari v. Kala Vikas Pictures Ltd.
• The plaintiff, Manu Bhandari is the author of Hindi novel
“Aapka Bunty”. She assigned her some right for making
movie to defendant.
• She raised objection about the title of the film which was
resolved by the parties & the end of the film.
• In the end of the novel the child was admitted in hostel by
his natural father – while in the film it was showed that the
child dies of starvation. The author said that it was against
her integrity & honor.
• It held that the remedy of a restraint order or damages can
be claimed even after the assignment either wholly or
partially of the said work. Further it was held that the S. 57
clearly overrides the terms of the contract of assignment of
the copyright.
• III) Right to Claim Infringing Copies –
• All infringing copies of any work & all places used or
intended to be used for production of such infringing
copies shall be property of the owner of CR who is
entitled to initiate proceedings for possession thereof.
• IV) Right to Civil Remedies –
• Where CR in any work has been infringed, the owner
of CR is entitled to remedies of injunction, damages
& accounts for infringement of his right.
• V) Right to Criminal Proceedings –
• The owner of CR apart from initiating the civil
remedies also has entitled to initiate simultaneous
criminal prosecution against the person infringing his
copyright. Actual infringement as well as its
abatement is also made punishable with
imprisonment with fine under this Act.
• Licensing of Copyright (Ss. 30 – 32-B of the Act) –
• The owner of copyright may grant license to do any of the act in
respect of any exclusive rights under this Act.
• License is nothing but permission from author to licensee to do
certain acts on the behalf of owner.
• 1. Meaning of License –
• The term ‘license’ means it is an official document which gives you
permission to own, to do, use some thing, after you have paid the
money.
• In George v. Cherian, the court explained the term licenses as a
leave to do something which could otherwise unlawful.
• The copyright does not define license but it provide procedure for
granting license to buyer.
• 2. Types of License –
• A) Voluntary license
• B) Compulsory license
• 3. Voluntary License (S.30)
• This section empowers owner of copyright to grant license
voluntary.
• There is lack of compulsion.
• The voluntary license shall be made through same mode
which is used for assignment –
• I) be in writing
• II) be signed by the licensor or by his duly authorized
agent.
• III) be identify the works licensed & specify the rights
assigned/licensed.
• IV) be specify the duration & territorial extent of the
license.
• V) be specify the amount of royalty payable, if any, to the
author or his legal heirs.
• 4. Compulsory License –
• The Copyright Board is empowered to grant
compulsory license of Indian work in special
circumstances.
• It can be done in public interest.
• Its object is promotion of larger public interest.
• It does not deprive the owner of his remuneration.
• The owner of copyright gets reasonable
compensation.
• 5. Circumstances For Compulsory License –
• Following are the circumstances necessary for
compulsory license –
• I) the work must have been published or presented in
public.
• II) the author must have refused to publish or allow
republication.
• III) that by the reasons of such refusal the work is
withheld from public. It means there should be
deprivations of work from enjoyment.
• IV) the author must have refused to allow
communication to public.
• 6. Case Law on Licence –
• M/s Entertainment Network (India) v. M/s Super Cassettes
Industries Ltd.
• Also known as “Radio Mirchi” Case.
• In this case, respondent were known as “T-Series
Cassettes”. It having copyrights over series of
cassettes, CDs, cinematograph, sound recordings.
• Appellant is leading radio broadcaster under brand
name “Radio Mirchi”.
• A dispute arose between copyright holding company
T Series & Radio Mirchi on playing songs on FM.
• In present case, the Supreme Court on examining the
compulsory license observed that the copy right seeks
to maintain a balance between interest of owner &
public interest to have access to the work.
• The court held that, if the owner of work has refused
to allow the performance work & by this reasons of
refusal, the work is withheld from public, compulsory
license can be granted by CR Board.
• The compulsory license can be granted by the Board
on payment of compensation to owner.
• 7. Termination of License –
• If owner of work subsequently publishes or
republishes the work or
• If the CR Board thinks that public has sufficient
access to the said work.
 Infringement of Copyright
• 1. What is Infringement? –
• The copyright is exclusive right to exploit the work for
commercial gains in many ways.
• The nature of these rights depends on the nature of work.
• If any person without proper permission or authorization
from owner exercise any copyright or exploit the work by
reproduction etc. with intention to gain monetary benefit, is
offence under the Act.
• 2. Meaning of Infringement of Copyright –
• Infringement prima facie means unauthorized & illegal
reproduction of work of author.
• It is violation of exclusive right of author.
• It is exercising right of the copyright owner.
• 3. Definition of Infringement of Copyright (S. 51 of the
Act) –
• S. 51 explains following acts as infringement of work.
• Copyright in a work is deemed to be infringed when any
person who-
• I) unauthorisedly exercise exclusive right of author.
• II) permits any place to be used for unauthorized
communication of a work to the public for profit.
• III) makes any infringing copies of work for sale or hire,
or sells or lets for hire, or by way of trade displays,
distributes or offers for sale or hire
• IV) exhibits any infringing copies of a work by way of
trade to public at large eg. Cinema, book
• V) imports into India any infringing copies of a work.
• A person is deemed to have infringed copyright only
if he acts –
• I) in contravention of a license granted by the
copyright owner or the Registrar of Copyrights.
• II) without a license granted by the copyright owner
or the Registrar of Copyrights.
• 4. Essentials of Infringement of Copyright –
• I) Unauthorized reproduction of work.
• II) Unauthorized publication of work.
• III) Unauthorized communication of work to public.
• IV) Unauthorized performance of work in public.
• V) Unauthorized making, adaptation & translation of
work.
• VI) Unauthorized sale, hire, distribution, importing of
infringed copies for trade &
• VII) Contravention of provisions of assignment &
license.
• 5. Burden of Proof of Infringement –
• The burden of proof means the responsibility of party to
prove the infringement or disprove the infringement.
• The party complaining the infringement is under
obligation to prove infringement.
• It can be established by producing direct or indirect
evidence.
• Direct evidence may include testimony of witness or by
admission by infringer.
• Indirect evidence may include establishing striking
similarities between original work & infringing copies.
• Once the infringement is established no further
adjudication is required to establish loss, damages or any
injury to plaintiff.
• 6. Principles for Determination of Infringement –
The courts while determining the infringement or
dispute shall be very cautious & shall apply the basic
principles for determination.
Following are some important principles for
determination-
• I) No copyright to mere ideas, legendary facts,
historical facts.
• II) Idea should be developed in different manner –
There may be common source of idea. Same idea can
be differently developed with skill & labour without
copy of original work.
. III) Opinion of reader, viewer or spectator –
The comparison between original work & work in
question, opinion of reader, viewer or spectator is
important.
• IV) The Lay Observer Test –
The opinion of layman or non-expert-
reader/spectator/viewer – unmistakable impression.
• V) Access to Original Work or Book –
Complainant must show that original work was
already published & infringer has access to it.
• VI) Use of Material –
The plaintiff has to establish the use of copyrighted
work in infringed work. It can be shown by showing
similarities between works. The similarities must be
substantial. The defendant must have made
substantial use of form in which original thought &
information is expressed.
• VII) Profiting From Infringement –
For actionable infringement, it must be made with the
purpose of deriving profit.
• 7. Principles for Determination of Infringement -
• Case – Eastern Book v. D. B. Modak & Another.
• In this case, the appellant claimed the infringement of their work
i.e. publication of decisions of Supreme Court in Journal of
Supreme Court Cases.
• The Supreme Court observed that judicial pronouncement of apex
court would be in public domain. Its reproduction or publication
would not infringe copyright.
• To secure the copyright judgments delivered by courts, it is
necessary that the labour, skill & capital invested should be
sufficient to distinguish it from its original judgment delivered by
court.
• Therefore any person can reproduce or publish it, but should not
copy idea expressed by one publisher in the form of head notes etc.
• In this case, the Court departed from English Principle of
Originality.
• 8. Exemption From Infringement of Copyright
(Concept of Fair Dealing) –
• Exemption means relief or excuse from infringement
liability for unauthorized use of work. It is also called
as “Fair Dealing”.
• Concept of Fair Dealing –
• As per Black’s Dictionary, a reasonable & limited use
of work without prior permission of author with
citing the name of work does not amount to
infringement. This exemption is known as “Fair
Dealing or Fair Use”.
• Concept of fair use depends on following factors –
A) Purpose & character of use of work – educational.
B) Substantiality of portion used in work.
C) Effect of used work on marketability of original
work.
D) Non-Commercial use.
 Acts Exempted From Infringement As Fair Use–
• A) A fair dealing with literary, dramatic, musical or
artistic work for research, criticism or review.
• B) A fair dealing with literary, dramatic, musical or
artistic work for the purpose of reporting current
events in newspaper, magazines, similar periodical or
by broadcast.
• C) The reproduction of literary, dramatic, musical or
artistic work for the purpose of judicial proceedings.
• D) Reproduction or republication of literary,
dramatic, musical or artistic work in any work
prepared by legislature.
• E) The reproduction of literary, dramatic, musical or
artistic work by teacher or pupils in course of
institution for teaching purpose or in question papers.
• F) The reading or recitation of reasonable extracts
from published literary & dramatic work in public.
• G) The performance of work in educational activities.
• H) The production or publication of any matter
published in official gazette.
• I) The reproduction or performance of literary,
dramatic, musical or artistic work in bonafide
religious ceremony.
• Cases on Infringement of CR –
• I) - Star India Pvt Ltd. V. Leo Burnett (India) Pvt. Ltd.
(2003).
Using a theme/image similar to the popular T.V. serial
“Kyunki Saas Bhi Kabhi Bahu Thi” produced by Star T.V. , by
the manufacturers of Tide detergent powder for advertisement
of a T.V. commercial with the title “Kyunki Ki Bahu Bhi
Kabhi Saas Banegi” was held not to be an infringement of
copyright of Star T.V.
II) Indian express Newspapers Ltd. V. Dr. Jagmohan
Mundhra (1985) (Kamla case)
A play, drama or movie produced based on the true life
incidents reported in newspapers, but in a quite different
manner does not lead to the infringement of copyright.
• III) Tractors and Farm Equipment Ltd. (TAFE) V.
Green Field Farm Equipments Pvt. Ltd. (2006)
• Tractors – Hunter and Maharaja
• An advertisement by a person claiming a right in a
copyright which was owned by another and offering
to sell the same constitutes an infringement of the
right.
Remedies Against Infringement of Copyright
• Relief Available to Copyright Owner Against
Infringement –
• Remedies – Ubi Jus Ibi Remedium
• The value of right must be measured in terms of
remedies for its enforcement.
• Right without remedy is null & void.
• The maxim refers that there is no right without remedy.
• It is very important to provide special kinds of remedies
for protection of intangible nature of intellectual property
in comparison with other form of properties.
• Whenever a copy right in any work is infringed, the
author has civil & criminal remedies & administrative
remedies for enforcement of his copyright.
• Remedies against Infringement of
Copyright
• 1. Civil Remedies
• 2. Criminal Remedies &
• 3. Administrative Remedies.
• 1. Civil Remedies –
• Civil remedies mean those remedies sought from
courts established under Civil Procedure Code, 1908.
The courts are known as civil courts.
• Types of Civil Remedies –
• A) Injunction
• B) Damages
• C) Accounts of Profit
• D) Anton Pillar Order
• E) Delivery of Infringing Copies.
• A) Injunction (S. 55) –
• 1. Introduction –
• The term injunction means prohibition order by
competent court to infringer to stop further
infringement.
• The owner of copyright wants speedy & effective
remedy to prevent further infringement of his
copyright & further damage to his business.
• He cannot wait for final decision of court. He can
protect his interest through civil remedy.
• 2. Types of Injunction –
• I) Temporary Injunction (Interim Injunction)
• II) Perpetual Injunction(Permanent Injunction)
• I) Temporary Injunction –
• It is also known as “Interim Injunction”.
• It is an order by competing court directing defendant to
stop the mischief or infringement complained.
• It does not decide the case against defendant or it is not
final decision of court.
• It is merely of provisional nature & does not conclude
rights finally.
• Its object is to stop further injury & to keep things as they
are at the time of that moment.
• It is granted by the consideration of –
• A) the prima facie case in favor of the plaintiff.
• B) irreparable loss caused to plaintiff if temporary
injunction is not granted.
• C) balance of theory
• II) Perpetual Injunction –
• It is also known as “Permanent Injunction”.
• It is permanent order by competing court directing
defendant to stop the mischief or infringement
complained.
• It is injunction order granted by the court in favour of
the plaintiff after conduct of trial before it.
• It is the final decision of the court. It is permanent in
nature. It finally decides rights & liabilities of parties
to dispute.
• By this, the defendant is permanently restrained from
the commission of the offence or act which is
contrary to the act.
• B. Damages –
• The owner of the copyright is entitled to claim
damages for the infringement of his copyright. The
damages are compensatory in nature.
• C. Accounts of Profit –
• Whatever the profit an infringer has received for the
infringement of the copyright, the owner may claim
the said profit to be transferred to his account.
• D. Anton Pillar Order –
• Anton pillar remedy is based on decision in Anton
Pillar case.
• The general rule of court is that it cannot pass a
remedy without giving opportunity of hearing. This is
the paramount rule of natural justice.
• But in certain cases, depending upon urgency, the
court may pass an order against defendant before
hearing him.
• This rule is laid down by Lord Denning in
Mr. Anton Pillar K G v. Manufacturing Process.
• Mr. Anton Pillar K G v. Manufacturing Process.
• In this case, the plaintiff was German manufacturer of
sophisticated electrical components. The defendants
as agent of plaintiff in England was in possession of
confidential & copy right information relating to such
electrical components with its drawings. The
defendant was trying to sell the drawing &
confidential information to the German competitor of
the plaintiff.
• The plaintiff sought & obtained an ex-parte order
from the court.
• Essentials of Anton Pillar Order –
• I) Strong prima facie case in favor of the plaintiff.
• II) Damage likely to be caused by refusing Anton
Pillar Order must be serious for the plaintiff.
• III) The plaintiff must have clear evidence that the
defendant has in custody of information or
documents or drawings or infringed copies.
• IV)There is a strong possibility that the defendant
might destroy the same.
• Objects of Anton Pillar Order –
• I) To enable the plaintiff to enter in the premises to
seize the offending material.
• II) To obtain information as to the persons from
whom the defendant received the supply of
offending material.
• III) To obtain information as to whom the defendant
has supplied the offending material.
 2.Criminal Proceedings as Remedies (Ss. 63- 70)-
• 1. Introduction –
• The owner of copy right can initiate criminal
proceedings against infringer.
• These are more effective remedies than civil one
because these can be disposed quickly, it has penal
sanction & affects at honour & social status of
infringer.
• Therefore the infringer gets ready for outside
settlement to save his image & prestige.
• 2. Advantages of Criminal Proceedings –
• Disposal of criminal proceedings are faster than civil
remedies.
• Criminal proceedings if successful, ends in
imprisonment of accused, therefore there are more
chances of accused coming for settlement.
• Court fees required to be paid for criminal
proceedings is less.
• 3. Offences & Penalties –
• The accused person after conviction may be penalized by
following penalties –
• I) Punishment for Abetment & Infringement of Work–
The person who knowingly infringes or abets the
infringement of copy right is liable to be punished with
imprisonment not less than 6 months which may extend to 3
years & fine not less than Rs 50000 which may extend to 2
Lakh.
• II) Punishment for infringement made Not For
Pecuniary Gains –
- Where the infringement has not been made for gain in
course of trade or business the person convicted shall be
punished with imprisonment up to 6 months & fine up to Rs
2 Lakh.
• III) Punishment for Knowingly making use of
copy of computer programme –
The person knowingly makes use of copy of
computer programme on computer shall be punished
with imprisonment for term of not less than 7 days
which may extend to 3 years & fine not less than Rs
50000 which may extend to Rs 2 Lakh.
• IV) Punishment for Possessing Plates for the
purpose of making of infringing copies –
The person convicted shall be punished with
imprisonment up to 1 year & fine.
 3. Administrative Remedies (S.53 of the Act) –
• S. 53 of the Act provides speedy & an effective
administrative remedies to copy right owner to
prevent the importation of infringed copies made
outside India.
• It empowers the Copyright Board to make an order
prohibiting importation of such infringed work in
India.
• The remedy available under this section is quasi-
judicial in nature.
• In case of importation of infringed copies, the
owner of a copyright may request the Registrar of
Copyright for an order not to import such copies of
the work.
• The Registrar has the power to make necessary
inquiries & to issue orders accordingly. He may also
authorize any person to enter any ship, dock or
premises where any such copies may be found &
examine them in collaboration with custom officers.
The confiscated copies are to be delivered to the
owner of the work.
Trademarks
Idea + Expression = Copyright

Idea + Innovation + Invention = Patent

Idea + Quality + Identity =

Trademark

Idea + Appearance = Design