Inspira- Journal of Modern Management & Entrepreneurship (JMME) 7

ISSN : 2231–167X, Impact Factor: 6.889, Volume 13, No. 02, April-June 2023, pp. 07-14

INTRODUCTION: COPY RIGHT LAW IN INDIA

Dr. Anil Kumar

ABSTRACT

This paper provides a comprehensive overview and analysis of copyright law in India. It
explores the historical development of copyright law, the legal framework, and the key provi sions of the
Copyright Act, 1957. The paper also examines recent amendments, judicial interpretations, and
international obligations that have shaped copyright protection in India. Furthermore, it discusses the
challenges and future prospects of copyright law in the digital age. The aim of this paper is to provide a
clear understanding of the copyright landscape in India and to highlight the significance of copyright
protection in promoting creativity and innovation.

KEYWORDS: Copyright Act, 1957, Copy Right Law in India, Copyright protection, Infringement,
Convention, International.
_______________

Introduction
The law relating to copyright has been most contextual among the intellectual property laws.
The copyright protection these days has become extremely necessary to bring in the balance between
the two interests, one of its owner and the other of public at large which are often at variance. Its
significance as of today has augmented extremely due to the development of internet and other
technologies which have made the chore of a pirate easier, thus paving way for copyright infringement.
Piracy of intellectual property has become international1. Copyright being a form of intellectual property
protects the works which are capable of being copied, like the literary, dramatic, musical, artistic works,
including cinematographic films and sound recordings.
Original works of authorship are safeguarded by copyright law, which also grants creators
exclusive rights to their works. It gives creators the power to manage and profit from their creative and
intellectual endeavours. In order to promote innovation, creativity, and cultural expression, copyright
legislation is essential.
Being a species of 'Property', copyright has all the characteristic features of a property.
Copyright implies the existence of 'bundle of rights' such as, right to own, use, Transfer, exploit, copy,
translate or adopt the copyrighted work. Being a member to the World Trade Organization (WTO), India
had to comply with the terms and obligations of various international agreements such as General
Agreement on Trade and Tariffs (GATT) Trade Related aspects of Intellectual Property Rights (TRIPS)
and other agreements. The TRIPS agreement seeks to protect the copyright of not just indigenous works
but also of foreign works. India being the largest market for audio cassettes and the nation where films
produced exceed 6000 per annum and the growth of its software industry is at 50% rate for consecutive
years since the beginning of the present decade2. Hence, there is a need to have an effective legal
mechanism to protect the copyright of these varied subject matters. In this background, let us examine
the copyright protection system and its efficacy both at international level and as well at domestic level.


Assistant Professor (Resource Person), Department of Law, IGU, Meerpur, Rewari, Haryana, India.
1
In Preface, Intellectual Property Law by Narayanan, Second Edition, Eastern Law House, 1997, p. 7.
2
Study on Copyright Piracy in India, sponsored by the Ministry of Human Resource Development,
Government of India, published in http://copyright.gov.in/mainaact.asp., last visited 22/11/06.
8 Inspira- Journal of Modern Management & Entrepreneurship (JMME), Volume 13, No. 02, April-June 2023
• History of Copyright Law Development: Ancient civilizations like ancient Greece and Rome,
where authors and artists were afforded some protections, are where the idea of copyright first
emerged. Copyright changed over time in response to shifting societal demands and technical
developments. The invention of the printing press in the fifteenth century and the growth of the
publishing sector that followed made formalised copyright protection necessary.
• Emergence of Copyright Law in India: India copyright laws have a lengthy history. The
Copyright Act, 1847, the nation's first copyright law, was passed when Britain was still a colony.
The primary goal of this legislation was to safeguard the interests of the British publishing
sector. The Indian Copyright Act, 1914, which gave Indian authors and artists more complete
protection, eventually took its place.
• The Copyright Act, 1957: The foundation of copyright law in India is the Copyright Act, 1957. It
was passed following India's independence and aimed to create a contemporary copyright
system that complied with global norms. The Act has since undergone revisions to keep up with
changing worldwide copyright standards and technological improvements.
• Importance of Copyright Law: The legislation on copyright is crucial for the following reasons:
• Promoting Innovation and Creativity: By giving artists exclusive rights, copyright law
encourages people to devote their time, energy, and money to producing creative works. This
encourages a culture of invention and creativity in society.
• Economic Rights and Reward for Creativity: By securing copyrights, innovators can profit
financially from their creations. It gives individuals the power to decide how their works are
reproduced, distributed, and performed in public, assuring a just return on their investment.
• Promoting and protecting Cultural Heritage: Copyright legislation is essential for protecting
and advancing cultural heritage. It promotes the creation and consumption of cultural products
like books, music, films, and artwork that add to the diverse tapestry of a country's cultural
identity.
• Public Access to Knowledge: The protection of authors' rights and ensuring that the general
public has access to knowledge and information are two goals that are balanced by copyright
law. It contains exceptions and restrictions that permit the use of copyrighted materials for
teaching, research, criticism, and other socially beneficial purposes.
• International Protection and Harmonisation: Through international treaties and accords,
copyright law provides the cross-border protection of creative works. Global cooperation, trade,
and the interchange of creative works are all made easier by the harmonisation of copyright
rules.
• Contemporary Challenges and Opportunities: Copyright law is faced with new opportunities
and difficulties in the digital age. The ease with which digital content can be copied and
distributed has encouraged widespread piracy and copyright violations. Furthermore, novel
copyright-related challenges are raised by developing technologies like block chain, virtual
reality, and artificial intelligence. A comprehensive analysis of copyright law is required in light of
the unfolding digital revolution in order to strike the right balance between authors' rights and the
general good.
• Objectives of the paper: The objectives of this paper on copyright law in India are as follows:
• To present a thorough overview: By analysing its historical evolution, legal structure,
significant sections, recent revisions, judicial interpretations, international commitments,
difficulties, and prospects, the study seeks to provide a thorough grasp of copyright law in India.
It aims to give readers a thorough and current study of Indian copyright law.
• To highlight the significance of copyright law: The paper aims to underscore the importance
of copyright law in fostering creativity, encouraging innovation, and promoting cultural
expression. It emphasizes how copyright protection plays a vital role in rewarding creators for
their works, preserving cultural heritage, and balancing the interests of creators and the public.
• To analyze recent amendments and judicial interpretations: The paper explores the impact
of recent amendments to the Copyright Act, such as the Copyright (Amendment) Act, 2012, and
their implications for copyright protection in India. It also examines significant judicial
interpretations and landmark copyright cases to provide insights into the evolving legal
landscape.
Dr. Anil Kumar: Introduction: Copy Right Law in India 9
• To discuss international obligations: The paper explores India's obligations under
international treaties and agreements, such as the Berne Convention and the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS). It examines the influence of
these international obligations on domestic copyright law and the harmonization of copyright
standards.
The paper's overall goal is to give readers a thorough understanding of Indian copyright law,
including its importance, difficulties, and prospects. It aims to advance the conversation on copyright law,
encourage enlightened debates about the preservation of original works, and support India's cultural and
intellectual growth.
Historical Development of Copyright Law in India
• Pre-independence Era: In India, where conventional systems of intellectual property protection
existed at the time, copyright has a long history. For instance, the Vedas and other ancient
Indian scriptures, which are credited to particular authors or sages, have been preserved
through oral traditions. These systems lacked a formal legal structure and were instead
dependent on cultural norms.
• India adopted copyright laws influenced by British legal principles during the British colonial era.
The Copyright Act of 1847, also referred to as the "Act for the Encouragement of Literature,"
was the first piece of copyright legislation that applied to India. With few exceptions for Indian
authors, this act primarily served to safeguard the rights of British publishers and authors.
• Post-independence Developments: After gaining its independence in 1947, India set out to
create its own copyright system to safeguard the rights of its writers, artists, and other creators.
To regulate copyright in India, the Copyright Act, 1957 was passed as comprehensive
legislation.
• Significant modifications and enhancements to India's copyright system were made by the
Copyright Act of 1957. It provided statutory remedies for copyright infringement, expanded the
range of works that were protected, and acknowledged the rights of authors. The Act played a
significant role in establishing India's copyright laws and laid the groundwork for later updates
and developments.
• Nature of Rights: Copyright is a bundle of rights, which confers a negative right on the part of
the registered owner to exclude all the others from using and exploiting his work. Copyright
confers exclusive right to use and exploit the copyrighted work devoid of all the others.
• Copy: The term 'copy' has been defined as that which comes so nearer to the original as to
suggest itself as an original to the mind of every person seeing it1.
• Right: According to Salmond, the term 'Right' implies legally protected interest’. Right also
indicates the legally protected interest of a person in an object. Salmond recognizes Copyright
as one in the species of rights and regards it as a form of 'Right over immaterial (incorporeal)
Property.
• Copyright: Copyright is defined as an exclusive right granted to the owner, devoid of others to
do or authorize others to do some acts in respect of literary, dramatic, musical, artistic works,
including cinematograph film and sound recordings. It is a negative right, which prevents
copying of its subject matter. It represents 'multiple rights' of its owner like right to use, to
reproduce, to transfer (through license of otherwise), to translate, to adopt, etc.
• Scope and Subject Matter of Copyright: The Copyright Act, 1957, and its later amendments,
serve as the primary legal framework for copyright law in India. A wide variety of creative works,
including literary, artistic, musical, dramatic, cinematic, and sound recordings, are protected by
the Act.
• The term "literary work" refers to a variety of unique literary creations, including plays, novels,
poems, and computer programmes. Paintings, sculptures, photographs, and architectural
creations are all examples of artistic works. Dramatic works include play, dance, or mime
performance scripts, whereas musical works include compositions with or without lyrics. Motion
pictures are referred to as cinematographic works, and audio performances are included in
sound recordings.

1
C. Cunniah and Co. and Others v. Balraj and Co., AIR 1961 Mad 111.
10 Inspira- Journal of Modern Management & Entrepreneurship (JMME), Volume 13, No. 02, April-June 2023
• Important Provisions of the Copyright Act, 1957: The Copyright Act, 1957 is the primary
legislation governing copyright in India. It outlines various provisions that define the scope of
copyright protection, establish the rights of copyright owners, and provide remedies for copyright
infringement. The key provisions of the Copyright Act, 1957 are as follows:
• Originality and Eligible Works1: To qualify for copyright protection, a work must be original,
meaning it must originate from the author and involve some skill, labor, or judgment. The Act
protects a broad range of creative works, including literary, artistic, musical, dramatic,
cinematographic, and sound recordings.
• Rights of Copyright Owners (Sections 14-20): The Copyright Act grants copyright owners
exclusive rights over their works. These rights include:
• Reproduction Right2: The right to make copies of the work, whether in physical or digital form.
• Right to Adaptation3: The right to create derivative works based on the original work, such as
translations, adaptations, or abridgements.
• Distribution Right4: The right to distribute copies of the work to the public through sale, rental,
or other means.
• Public Performance Right5: The right to publicly perform the work, including live performances,
broadcasting, or online streaming.
• Communication to the Public Right6: The right to communicate the work to the public through
any medium, such as broadcasting or making it available online.
• Copyright ownership7: The Act lays out the fundamental guidelines for identifying copyright
ownership. The author is regarded as the initial owner of copyright for works produced by an
individual. However, subject to any agreements to the contrary, the employer or the person
commissioning the work may be the first owner of copyright in works produced while the person
was employed or under a contract.
• Expectations and Limitations8: The Copyright Act contains provisions for exceptions and
limitations to copyright, which permit some uses of material protected by copyright without the
owner's consent. The following notable exclusions and restrictions are made:
• Fair Dealing9: Fair dealing allows for the use of copyrighted material for specific purposes such
as research, private study, criticism, review, news reporting, or education. The use must be fair
and not unreasonably prejudice the rights of the copyright owner.
• Libraries and Archives10: Libraries and archives are permitted to make copies of copyrighted
works for preservation, research, and educational purposes.
• Educational Institutions11: Educational institutions can reproduce and communicate
copyrighted material for instructional purposes, subject to certain conditions.
• Reproduction for Judicial Proceedings12: Reproduction of copyrighted material for use in
judicial proceedings is permitted.
• Moral Rights13: The Copyright Act acknowledges authors' moral rights, which are distinct from
their economic rights. The right of attribution (the right to be acknowledged as the author) and

1
Copyright Act, 1957 Section 13.
2
Copyright Act, 1957 Section 14.
3
Copyright Act, 1957 Section 14.
4
Copyright Act, 1957 Section 18.
5
Copyright Act, 1957 Section 19.
6
Copyright Act, 1957 Section 20.
7
Copyright Act, 1957 Sections(17-19).
8
Copyright Act, 1957 Sections (52-55).
9
Copyright Act, 1957 Section 52.
10
Copyright Act, 1957 Section 52A.
11
Copyright Act, 1957 Section 52(1) (i).
12
Copyright Act, 1957 Section 52(1) (q).
13
Copyright Act, 1957 Sections(57-58).
Dr. Anil Kumar: Introduction: Copy Right Law in India 11
the right of integrity (the right to prevent disparaging treatment of the work) are examples of
moral rights. Even after authors have assigned their economic rights, they still retain these
rights, which cannot be transferred or assigned.
• Copyright licencing and assignment: Assignment and licensing are two important concepts
related to the transfer of copyright. They allow copyright owners to either transfer their rights to
others or grant permission to use their copyrighted works under certain conditions. Here's an
explanation of assignment and licensing of copyright:
• Assignment of Copyright: The full transfer of copyright ownership from the original owner (the
assignor) to a new party (the assignee) is referred to as an assignment. The assignor gives up
all of their rights and interests in the work that has been granted a copyright, and the assignee
takes over ownership of the copyright.
Any valid assignment must be made in writing and bear the assignor's signature.
• Copyright licencing: Licencing is the process of allowing someone to use a work protected by
a copyright while keeping ownership intact. While retaining ownership of the copyright, the
owner (licensor) grants certain rights to a third party (the licensee) for a specific use and subject
to certain restrictions.
• Infringement and remedies: Copyright Infringement: Copyright infringement happens when a
person or organisation carries out any of the following actions without the owner's consent:
▪ Rreproducing the work that is protected by copyright, in whole or in part.
▪ Publically distributing copies of the work protected by a copyright.
▪ Putting on a show or performing the work in public.
▪ Creating modifications or derivative works based on a work protected by copyright.
▪ To establish copyright infringement, the copyright owner must prove:
▪ Ownership of a valid copyright in the work.
▪ The defendant's unauthorized use of the copyrighted work.
▪ Substantial similarity between the defendant's use and the protected elements of the
copyrighted work.
• Duration of Copyright Protection: The length of copyright protection for various types of works
is specified by the Copyright Act. Copyright generally lasts for the lifetime of the author plus 60
years after their passing. When there are two authors, the duration lasts for 60 years following
the passing of the last surviving author.
Copyright protection is available for 60 years from the year of first publication or 60 years from
the year of creation for works with anonymous or pseudonymous authorship, whichever is shorter. The
period of time is 60 years from the year of publication for photographs, sound recordings, and motion
pictures.
• Copyright Exclusions and Limitations: The Copyright Act stipulates some restrictions and
exceptions to copyright, allowing for the use of protected content without the owner's consent.
To strike a balance between defending the rights of creators and facilitating access to
knowledge and information, these exceptions are crucial. The following notable exclusions and
restrictions are made:
• Fair Dealing/Use: Fair dealing allows for the use of copyrighted material for specific purposes
such as research, private study, criticism, review, news reporting, or education. However, the
use must be fair and not unreasonably prejudice the rights of the copyright owner.
• Libraries and Archives: Libraries and archives are permitted to make copies of copyrighted
works for preservation, research, and educational purposes.
• Educational Institutions: Educational institutions can reproduce and communicate copyrighted
material for instructional purposes, subject to certain conditions.
• Public Administration: Government departments and public authorities can use copyrighted
material for official purposes.
12 Inspira- Journal of Modern Management & Entrepreneurship (JMME), Volume 13, No. 02, April-June 2023
• International Obligations: India is a signatory to several international treaties and agreements
that influence its copyright law. Notable agreements include:
▪ India is a signatory to the Berne Convention for the Protection of Literary and Artistic
Works, which establishes minimum requirements for copyright protection and guarantees
reciprocal protection of works among signatory nations.
▪ Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS): India is required
to abide by TRIPS, which establishes requirements for intellectual property protection,
including copyright, to promote fair trade, as a member of the World Trade Organisation
(WTO).
Remedies for Copyright Infringement
If it is determined that a copyright has been violated, the owner of the copyright is entitled to a
number of remedies to defend their rights and pursue damages. The available treatments consist of:
• Injunction: The copyright owner can seek a court order to stop the infringing activities, known
as an injunction. An injunction prevents the infringer from continuing to use or distribute the
copyrighted work without authorization.
• Damages: The copyright owner may be awarded monetary damages, which can include actual
damages suffered as a result of the infringement and any profits earned by the infringer through
the unauthorized use of the copyrighted work.
• Statutory Damages: In some jurisdictions, copyright law provides for statutory damages, which
are predetermined monetary damages awarded by the court without the need to prove actual
damages. Statutory damages serve as a deterrent and can be significant, particularly in cases
of willful infringement.
• Account of Profits: The copyright owner may be entitled to the infringer's profits derived from
the unauthorized use of the copyrighted work. This remedy aims to prevent unjust enrichment
by the infringer.
• Delivery of Infringing Copies: The court may order the infringer to deliver all copies of the
copyrighted work in their possession, control, or custody to the copyright owner or destroy those
copies.
• Costs and Attorneys' Fees: In certain situations, the court may award the prevailing party their
reasonable attorneys' fees and costs incurred in enforcing their copyright.
• Recent Amendments and Judicial Interpretations: Copyright law is a dynamic area that is
constantly changing to keep up with societal changes, technological advancements, and
international obligations. The shaping and adaptation of copyright law to address new issues
and ensure adequate protection for creators and copyright owners has been greatly influenced
by recent changes to copyright laws and judicial interpretations. Here are some noteworthy
recent changes and judicial rulings:
• Copyright (Amendment) Act, 2012: The Copyright (Amendment) Act, 2012 in India brought
significant changes to the existing copyright framework to address digital challenges and align
with international standards. Key provisions introduced or modified by this amendment include:
• Protection of Technological Measures: The amendment recognized the importance of
protecting technological measures used by copyright owners to control access to their works. It
prohibited the circumvention of such measures and introduced legal remedies for their
infringement.
• Rights of Performers and Authors of Cinematograph Films: The amendment expanded the
rights of performers and authors of cinematograph films by granting them certain exclusive
rights, such as the right to receive royalties for commercial exploitation of their performances.
• Statutory Licensing: The amendment introduced a statutory licensing scheme for certain
categories of works, allowing organizations to obtain licenses for their use, subject to payment
of royalties set by the Copyright Board.
Dr. Anil Kumar: Introduction: Copy Right Law in India 13
• Term Extension for Copyright Protection: The amendment extended the term of copyright
protection for literary, dramatic, musical, and artistic works from 60 years to the life of the author
plus 60 years.
• Judicial Interpretations and Landmark Cases: Through its interpretations of the Copyright
Act, the Indian judiciary has significantly influenced copyright law. Famous Bollywood music
copyright infringement cases, like Amar Nath Sehgal v. Union of India, have established
important precedents and offered crucial advice on matters like originality, substantial similarity,
and fair use. The scope of fair dealing in the digital age and the liability of internet intermediaries
for copyright infringement are two recent copyright-related legal disputes that have been brought
before the courts.
Courts play a crucial role in interpreting copyright laws and setting precedents through landmark
cases. Some recent judicial interpretations and decisions have had a significant impact on copyright law.
Here are a few examples:
• Google LLC v. Oracle America,1: The U.S. Supreme Court ruled on the copyrightability of
certain software interfaces, stating that Google's use of Oracle's Java API code in its Android
operating system constituted fair use, thereby influencing the scope of copyright protection for
software.
• Cofemel - Sociedade de Vestuário, S.A. v. G-Star Raw C.V.2: The European Court of Justice
clarified that copyright protection extends to clothing designs if they meet the originality
requirement, emphasizing that the design's aesthetic appeal is the decisive factor, rather than
any functional elements.
• Warner-Lambert Company LLC v. Actavis Group PTC EHF3: The UK Supreme Court
provided guidance on the interpretation of Swiss-form claims in patent and copyright law,
clarifying the scope and requirements for patent protection of second medical use inventions.
Conclusion
In conclusion, copyright law essential for preserving cultural heritage, promoting innovation and
creativity, and defending the rights of creators. The history and importance of copyright law can be traced
to social movements where it was recognised that it was necessary to strike a balance between creators'
rights and public interests.
The legal framework of copyright law in India is primarily governed by the Copyright Act, 1957,
which provides exclusive rights to creators and copyright owners over their original works. The Act grants
protection to a wide range of works, including literary, artistic, musical, and cinematographic works. It
also incorporates provisions for assignment and licensing of copyright, enabling creators to transfer or
grant permissions for the use of their works. New challenges brought on by digital technologies and
online platforms have been addressed by recent changes to copyright laws, such as the Copyright
(Amendment) Act, 2012 in India, and the European Union Directive on Copyright in the Digital Single
Market. With these changes, copyright owners will be adequately protected and the law will be updated
for the digital era. Judicial interpretations and landmark cases have also played a significant role in
shaping copyright law. Court decisions have clarified the scope of copyright protection, determined the
boundaries of fair use, and provided guidance on the interpretation of copyright laws in various contexts.
Copyright infringement is still a major concern, but owners can take legal action to defend their
rights. Damages, an accounting of profits, injunctions, and the delivery or erasure of copies that violate
the law are examples of remedies. Overall, copyright law plays a vital role in promoting the progress of
science and culture, providing a legal framework for the protection and exploitation of creative works, and
ensuring a fair balance between the rights of creators and the interests of society.
"We need to implement greater intellectual property rights laws."4
-Dr Dua, Dept. of Industrial Policy
and Promotion Secretary.

1
United States, 2021.
2
European Union, 2019.
3
United Kingdom, 2018.
4
Indlaw Communications Pvt. Limited (ICPL), Reported on 186 September, 2006.
14 Inspira- Journal of Modern Management & Entrepreneurship (JMME), Volume 13, No. 02, April-June 2023
References
1. N.S Dr. Sreenivasulu, Intellectual Property Rights: regal Publication New Delhi-110027 (2nd
Edition-2011).
2. Alikhan, Intellectual Property, the Developing Countries and Economic Development (Rajiv
Gandhi Institute for Contemporary Studies, No. 14, 1994).
3. International Trade Commission and Commonwealth Secretariat, Business Guide to the
Uruguay round (ITC, Geneva, 1995); (For section on TRIPS see Ch. 17, pp. 315-348).
4. R.M. Gadbaw and T.J. Richards, Intellectual Property Rights: Global Consensus, Global Conflict
(West view Press, London 1988).
5. Document MTN.GNG/NG11/1, dated April 10, 1987, entitled “Meeting of the Negotiating Group
of 25 March 1987. Note by the Secretariat”.
6. Document MTN.GNG/NG11/2, dated June 23, 1987, entitled “Meeting of the Negotiation Group
7. Document MTN.GNG/NG11/4, dated November 17, 1987, entitled “Meeting of the Negotiating
Group of 23-24 November 1987 Note by the Secretariat”.
8. Document IP/C/19, dated October 22, 1999, entitled “Council for Trade Related Aspects of
Intellectual Property Rights-Annual Report (1999) of the Council for TRIPS”.
9. Document PCIPD/3/3, dated July 2002, entitled “third Session of the WIPO Permanent
committee on Cooperation for Development Related to Intellectual property, WIPO’s legal and
Technical Assistance to Developing Countries for the Implementation of the TRIPS Agreement
from 28 October to 1 November, 2002”; available online at www.wipo.org/eng/
document/pcipd/index_3.htm.
10. “TRIPS Portions from the Memorandum for the United States Trade Representative from
President William J. Clinton Transmitting the Trade Agreements Resulting from the Uruguay
Round of Multilateral Trade Negotiation” (1995) 15 Loyala of Los Angeles Entertainment Law
journal 265.
11. A.J. Bradley, “Intellectual Property Rights, Investment and Trade in the Uruguay round” (1987) 1
Stanford Journal of International Law 64.
12. Author’s Details
13. Name: Dr. Anil Kumar
14. Designation: Assistant Professor (Resource Person), Department of Law, IGU, Meerpur Rewari
(Haryana).
15. E-Mail: [email protected]
16. Mob: +91-9001069321, 8708681603
17. Permanent Address:
18. Village –BharampurBharangi, Post Office-Dharan,
19. Tehsil-Bawal, Distt.-Rewari (Haryana),
20. Pincode No. 123412.

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