INTRODUCTION

The Copyright Act, 1957, governs the law pertaining to copyright in India. The
major goals of this copyright law are twofold: first, to guarantee authors,
musicians, painters, designers, and other creative individuals the right to their
creative interpretation; and second, to enable others to openly develop upon the
concepts and knowledge made available by a work. India’s history with copyright
laws dates back to the British Empire’s colonial rule. A law called the Indian
Copyright Act, 1957, was passed; it went into effect in January 1958 and has since
undergone five revisions, in 1983, 1984, 1992, 1994, and 1999. The Copyright Act
of 1957 was India’s first copyright law following independence, and six
amendments have been made since then. The Copyright (Amendment) Act 2012,
which was passed in 2012, was the most recent amendment. The concept of
copyright in India is governed by the Indian Copyright Act, 1957, as modified from
time to time, and the Indian Copyright Rules, 1958 (Rules). Copyright law as its
name suggests is the simple law that suggests if you create something you own
it and only you get to decide what happens next with it. The objective of this
copyright law is mainly twofold: first to assure authors, composers, artists,
designers and other creative people, who risk their capital in putting their works
before the public, the right of their original expression, and second to
encourage others to build freely upon the ideas and information conveyed by a
work.

What is copyright

Copyright is a type of intellectual property right. Authors who have original works such as works of
literature (including computer programs, tables, collections, computer datasets, expressed in words,
codes, schemes, or in any other context, along with a device readable medium), dramatic, musical, and
artistic works, cinematographic films, and audio recordings are all awarded copyright safeguards under
Indian law. Instead of protecting the ideas themselves, Copyright Law safeguards manifestations of
ideas. Literary works, theatrical works, musical works, creative works, cinematographic films, and
sound recordings all have copyright protection under Section 13 of the Copyright Act of 1957. For
instance, the Act protects literary works such as books and computer programs.

The term “copyright” refers to a collection of exclusive rights that Section 14 of the Act grants to the
owner of the copyright. Only the copyright owner or another person who has permission to do so from
the copyright owner may exercise these rights. These rights include the ability to adapt, reproduce,
publish, translate, and communicate with the public, among other things. Copyright registration just
establishes an entry for the work in the Copyright Register kept by the Registrar of Copyrights and
does not grant any rights.
Historical development in India

In India, the earliest law of copyright was enacted by the British during the realm of East India
Company that is the Indian Copyright Act, 1847 which was passed for the enforcement of rules of
English copyright in India. After it, by Copyright Act 1911, this law was repealed, replaced and
applied to all British colonies including India. Further, it was again modified in 1914 by the Indian
Copyright Act, 1914, which remained applicable in India until replaced by the Copyright Act, 1957
by the parliament of sovereign India.

Objectives of copyright law

Copyright is primarily intended to advance science and useful art and to compensate authors for their
labour. In order to do this, copyright guarantees authors the right to their creative expression while
allowing others to openly expand upon the concepts and knowledge presented in a work. The primary
goals of copyright law are twofold. First and foremost, copyright laws were created by nations to
guarantee the original expression of writers, songwriters, designers, artists, and other creatives, as well
as film and sound recording producers, who risked their money to present their works to the public.

Second, a work’s knowledge and suggestions can be freely expanded upon by others, thanks to
copyright legislation. Additionally, it permits some unrestricted uses of copyrighted content. The
Copyright Act of 1957 outlines the range of these permissible uses. To establish harmony between the
rights of the copyright owner and the welfare of people to the greatest possible degree in the interest
of society, measures relating to free use are included in the Act. The Madras High Court held that
“copyright law is to preserve the fruits of a man’s effort, labour, talent, or test from annexation by
other persons” in Sulamangalam R. Jayalakshmi v. Meta Musicals, Chennai (2000).

Nature of copyright

In nature, copyright is an incorporeal property. The premise that the legitimate owner developed or
created the work justifies the property in it. The property owner has two options for disposing of his
property: outright sale (assignment of his rights) or licensing. Copyright is also a collection of
exclusive rights. A negative right is one that allows the owner to stop someone from copying his
creation or carrying out any other actions that, under Copyright Law, are only permitted to be carried
out by him. The exclusive rights to works protected by copyright have a term limit. In contrast to
physical property, which endures for the lifetime of the thing on which it is bestowed, copyright only
exists for a finite amount of time. After this time period has passed, the work enters the ‘public
domain’. In other words, it becomes public property and is available for use without restriction by
everyone. Therefore, the public interest is served by exclusive rights to copyrighted works for a short
time.

Salient features of the Copyright Act, 1957

The salient features of the Copyright Act, 1957 are herein mentioned below:

Scope of rights conferred to the author

Literary works, musical works, theatrical works, creative works, sound recordings, and
cinematographic films are all protected by copyright under Section 13 of the Copyright Act of 1957.
Literary works, for instance, books, manuscripts, poetry, and theses are safeguarded by the Act.
Original literary, dramatic, musical, and artistic works as well as cinematographic and sound
recordings are shielded from illegal access under the Copyright Act of 1957. In contrast to patents,
copyright safeguards expressions rather than ideas.

Need for Copyright Protection

It is important to note that copyright protects the way in which the idea is presented, rather than the
idea itself; for example, if it is committed to paper or another piece of media.

So what makes it so important to have copyright protection? Sure, if it happens automatically, don’t
you have to worry about it? While it’s true that your work is automatically protected, that doesn’t mean
that people won’t copy your gain.

Copyrights should be protected because it ensures certain minimum safeguards for author’s rights over
their creations, thus protecting and rewarding their creativity. Since creativity is the key to progress,
no civilized society can afford to ignore the basic requirement to encourage the same thing. The
economic and social development of a society depends on creativity. There is also the concept of
copyright as a legacy that can last for decades, passed down as a part of the estate. In the case of
literary, musical or artistic works, copyrights may last another 70 years after the death of the original
creators and in the broadcast or publishing cases this period may extend to 50 years.

If someone infringes your copyright, you will have legal grounds to sue the guilty party either to pay
you a license or to compensate you for any financial loss you may have incurred. If they use your work
without your knowledge, you have the right to stop them doing so and to receive compensation for any
earnings they have earned on the back of your work. If you see anyone use your job without your
knowledge or consent, we recommend that you consult an IP expert on what legal action you should
take. If you have works that are patented and have attracted the attention of other parties, you can
explore your licensing options to ensure that you can benefit financially from their use. Licensing is
your legal permission to another party to allow them to use any (or all) of your copyrighted works.

Licensing is also an important way to improve the legal security for the project, which can be used as
evidence against any person that refuses to fulfil their side of the bargain or uses the research without
authorisation. Infringements of copyright occur every day, so remain on top of defending your
intellectual property and take reasonable action to ensure that your rights are taken care of.

Provisions to assert the ownership

The original owner of the copyright is the creator of the work itself, as stated in Section 17 of the
Copyrights Act of 1957. The one exception to this rule is when an employee creates work while
performing duties as part of their employment, in which case the employer assumes ownership of the
copyright.

Civil and criminal remedies

Section 55 of the Copyright Act of 1957 addresses civil remedies for copyright infringement. These
civil remedies encompass restitution, injunctions, account interpretation, deletion and surrender of
copies made infringing, as well as conversion damages. Section 63 of the Copyright Act of 1957
specifies criminal penalties for copyright infringement. These criminal penalties can take the form of
jail time, fines, searches, the seizure of contraband, etc. The maximum sentence for imprisonment is 3
years, but it cannot be less than 6, and the maximum fine is between 50,000 and 2,00,000 rupees.

Establishment of copyright boards and offices

The Copyright Act of 1957 also makes provisions for the establishment of a copyright board to assist
in resolving copyright-related issues and a copyright office, which comes under the jurisdiction of the
Registrar of the Copyright, for the registration of books and other “works” of art. The establishment
of an office to be known as the Copyright Office for Act purposes is provided for under Section 9 of
the Copyright Act, 1957. The Copyright Board was established under Section 11 of the Copyright Act
of 1957.

Subject matter of copyright

All subject matters protected by copyright are called ‘works’. Thus according to Section 13 of The
Copyright Act 1957, it may be subjected for the following works:

1- Original Literary Work,

Original Literary Work

It is the product of the human mind which may consist of a series of verbal or numerical statements,
not necessarily possessing aesthetic merit, capable of being expressed in writing, and which has been
arrived at by the exercise of substantial independent skill, creative labor, or judgment. The Copyright
Act, 1957 provides an inclusive definition of literary work, according to which the literary work
includes computer programming, tablets, and compilations including computer databases.

Original Dramatic Work

According to the Copyright Act,1957, the dramatic work includes any piece for recitation,
choreographic work or entertainment in dumb shows, the scenic arrangement or acting form which is
fixed in writing or otherwise but does not include a cinematographic film. Since the definition is an
inclusive one, the other things fall within the general meaning of dramatic work, and may also be
covered by the definition.

Original Musical Work

According to the Copyright Act, 1957, musical work means any work consisting of music and includes
any graphical notion of such work, but does not include any words or any action intended to be sung,
spoken or performed with the music. In order to qualify for copyright protection, a musical work must
be original.

Original Artistic Work

According to the Copyright Act, 1957, artistic work includes any painting, sculpture, drawing, or
engraving photograph of any work possessing artistic qualities. However, it also includes the
architecture and artistic craftsmanship of such works.
Cinematographic Films

According to the Copyright Act,1957 cinematographic films includes any work of visual recording
and a sound recording accompanying such visual recording and the expression cinematograph shall be
construed as including any work produced by any process analogous to cinematographic including
video films.

Sound Recording

According to The Copyright Act, 1957, sound recording suggests a recording of sounds from which
that sound may be produced regardless of the medium on which such recording is made or the method
by which the sounds are produced.

Clause (a) of this Section 13 provides the definition of original work whereas clauses (b) and (c) protect
by-product works. This Section stipulates that copyright is subject to the provisions of the aforesaid
Section and therefore the different provisions of the Act don’t exist de-hora and outside the ambit of
the Act, it’s a right created under the statute and no right outside the aforesaid Act is claimed.

Copyright Protection

While copyright does not protect information or ideas on its own, it does protect the original expression
of information and ideas. Copyright applies only to literary, dramatic, musical and artistic works. The
rights which apply to each of these categories vary.

Copyright does not protect against the independent creation of similar works. Legal action against
infringement is complicated by the fact that many different copyrights may exist for certain works –
in particular for films, broadcasts and multimedia products. Unlike other forms of intellectual property,
registration does not confer copyright; instead, it automatically results from the creation of the original
work in a material form. This automatic right generally applies for the life of the creator plus 70 years,
although it varies depending on the nature of the work and whether or not it has been published.
Although a copyright notice with the name and date of the owner is not necessary, it may help to prove
your copyright ownership and it is necessary to establish copyright in some countries overseas.

The copyright notice is a note printed on a copyrighted work; it usually includes the © symbol, the
date on which the work was created, and the name of the creator. Notice of copyright may act as a
deterrent to infringers. As per the Indian Copyright Act section 13 of Chapter III, the protection is
given to the following works:

Are Ideas Protected by Copyright Law?

No. Ideas, facts, and concepts are not protected by copyright law. Although they are not protectable
by copyright, the expression of those ideas, facts, and concepts are protectable, such as in a description,
explanation, or illustration or as a database of facts. Separating an idea from the expression or
manifestation of that idea is known in copyright law as the idea-expression dichotomy.

For example, anyone may “use” the ideas and facts in a news article to write their own article that uses
their own expression, but, with some exceptions, no one is allowed take the exact expression used by
the author of the article to describe or explain those ideas, facts, and procedures. Copyright does not
protect the ideas or the facts in the news article, but does protect the author’s expression of those ideas
and facts.

Because ideas cannot be copyrighted, anyone can build freely upon the ideas and information conveyed
by someone else, which encourages the creation and dissemination of copyrighted works and promotes
the progress of the arts.

There are times when the idea and the expression of the idea are so intertwined with one another that
there is only one way or very few ways to express the idea. This is what is commonly referred to as
the merger doctrine. When the idea and expression of the idea merge like this, the expression of the
idea is not copyrightable. For example, there may be very limited ways to explain a certain method for
a bookkeeping or recordkeeping system or express the process of creating chicken soup in a recipe.
For more information on copyrightability of recipes and cookbooks, read our blog post on the topic.

Conditions for Copyright Protection

Copyright does not protect ideas or facts themselves. Copyright does protect the selection and
arrangement of ideas: i.e., their original and creative expression, as soon as they are fixed in some
tangible form. The Requirements to Claim Copyright Are:

Fixation

The ideas must be fixed in some tangible medium of expression. Copyright protection is automatic,
although there are benefits to officially registering your work with the Copyright Office. Copyright
protection is immediate, as soon as the expression is fixed in tangible form. That is, it applies to drafts
and completed works, both published and unpublished.
Originality

A fixed expression of ideas is protected by copyright if and only if it is original.

Neither quality nor uniqueness is required.

Even bad work is subject to copyright protection.

Works that are similar, but independently created, are individually subject to copyright protection.

Minimal Creativity

Hard work is not enough to gain copyright protection.

At least minimal creativity is also required.

Examples:

A list of parts for a child’s toy is probably not subject to copyright.

A sheet of instructions for assembling a toy from its parts may be subject to copyright.

A complete telephone white page is not subject to copyright.

A categorized yellow pages directory may be subject to copyright.

A web-site that provides the means for searching a white pages database may be subject to copyright.

Copyright protection is not provided for;

Works not fixed in tangible form.

Titles, names, short phrases, slogans, methods, factual information, symbols or designs – however,

Trademark law may provide some protection to these works.

Ideas or concepts, procedures, process, plans, principles, discoveries, and guidelines – however, in
such cases patent or trade secret law may provide protections to these works.

Works that are already in the public domain and original authorship is not traceable are not covered
under copyright law.
Copyright works that are already expired.

Landmark case laws

R.G. Anand v. M/S. Delux Films and Others (1978)

Issues

Whether the plaintiff’s copyright in the play “Hum Hindustani” was violated
by the defendants’ distribution, production, and screening of the movie “New
Delhi”?

Judgment

The Court’s judgment was given by Justice Fazal Ali. The Court determined
that even if both the play and the movie may have been inspired by the
concept of “Provincialism,” they are very different from one another. The
movie also depicts other aspects of “Provincialism,” such as “Provincialism” in
the leasing of outhouses, which are not depicted in the play when it comes to
marriage. The play doesn’t illustrate the evils of dowry, but the movie does.
Because the concept in both the play and the movie is identical, the court
struck down the appellants’ claim because it is well-established law that a
concept cannot be protected by copyright. The Court cited

N.T. Raghunathan and Anr. v. All India Reporter Ltd Bombay (1957),
and held that there may be some similarities. According to the Court, a
regular person would not consider the play and the movie to be a duplicate
of the play if they were to view both. The claim made by the appellants that
their copyright has been violated cannot stand due to the significant
disparities between the play and the movie. The Delhi High Court’s decision
has been maintained court. As a result, the Court ruled in favour of the
respondents on both matters, and thus there was no violation.

Super Cassettes Industries Ltd. V. Music Broadcast Pvt. Ltd. (2012)

Issue

Whether the Copyright Board has the authority to issue temporary orders and determine the royalties
for a temporary order in proceedings under Section 31 of the Copyright Act, 1957?

Judgment
The Copyright Board was ordered for the purpose of setting an interim fee, and this Court stated that
the Board had the authority to rule on both the interim and final terms of a compulsory licence.
Considering the subject matter of the Special Leave Petitions, the Court declined to issue an interim
stay of the Copyright Board’s order.

Tips Industries Ltd. V. Wynk Ltd. And Anr. (2019)

Issue

Whether the Copyright Act has a legislative licensing scheme for streaming platforms?

Judgment

The Bombay High Court reached a decision after hearing the arguments from both parties and
concluded that Wynk had engaged in direct violation on two counts: firstly, by making the copyrighted
work available under Section 14(1)€(ii), which allowed users to download and subscribe to the
plaintiff’s work offline; and secondly, by making the plaintiff’s works available to users via their
streaming platform. The decision was made in the plaintiff’s direction, and the Court determined that
the plaintiff was eligible for an interim injunction since they had presented a strong case and would
incur severe financial damage.

.Sanjeev Pillai v. Vennu Kunnapalli (2019Issue

Whether Section 57(1) of the Copyright Act grant the creator of a work particular
rights to assert authorship of that work even after the assignment of that work?

Judgment

In reaching its decision, the Court stated that Section 57(1) grants the author the
right to enjoin third parties, and its second sub-section grants the author the right
to sue those third parties for damages if their actions result in deformations,
destruction, or other alteration of his work or in any other action related thereto
that would be detrimental to his dignity or reputation
 Conclusion
Although there are many limitations to copyright and issues, understanding copyright law and use
would direct us to use copyrighted content for tutorial and research purposes in an exceedingly secure
manner. A sufficient level of understanding of copyright issues must be developed during/before the
procurement/subscription of any resources. At now, an agreement/contract/terms and conditions
between the parties concerned on the procurement of resources would have a significant role to play
in protecting the copyright of the holders. As a facilitator, the librarian must educate his users on
copyright issues on a daily basis. And this might become one amongst the important factors that may
play a significant role in reducing copyright infringements among library users. As per the Indian
copyright act 1957, it’s very clear that neither the publisher nor the facilitator is answerable for any
infringement of copyrighted material, but someone who is involved within the activity of infringement
is solely held answerable for his act of misconduct.

Thus, one can conclude by saying that these online copyright issues are adequately protected, albeit
not in clear and express terms. So as to fulfil the ever-increasing challenges posed by the changing
circumstances and also the latest technology, existing legislation is often interpreted in such some way
that every one aspect of copyright is adequately covered. Until the country has such a sound and robust
legal basis for the protection of belongings rights, the judiciary should play a vigorous role within the
protection of belongings rights, including copyright. However, things are not as troubling as they are
perceived, and the current program can still efficiently fix any issues related to copyright
infringements.