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Intellectual Property Law: Copyright in India

Table of Contents​

  1. Introduction
  2. Definition of Copyright
  3. Types of Copyright Works
  4. Duration of Copyright
  5. Exclusive Rights of Copyright Owner
  6. Limitations and Exceptions
  7. Moral Rights
  8. Transfer of Copyright
  9. Infringement and Remedies
  10. Conclusion

1. Introduction​

Copyright is a form of intellectual property protection granted to creators of original literary, dramatic, musical, and artistic works. It provides exclusive rights to the owner, allowing them to control how their work is used and distributed.

This chapter refers to the following sections of the Indian Copyright Act, 1957:

  • Section 14: Definition of "literary work"
  • Section 17: Definition of "musical work"
  • Section 22: Definition of "artistic work"

According to Section 14 of the Indian Copyright Act, 1957, a "literary work" includes any creative work expressed in print or writing, such as books, articles, poems, and scripts. Section 17 defines a "musical work" as any composition having melody, harmony, or rhythm, while Section 22 defines an "artistic work" as a painting, sculpture, drawing (including a diagram), collage, photograph, construction, architectural work, or any other work of artistic craftsmanship.

Copyright protects various types of works, including:

  • Literary works (books, articles, poems)
  • Musical works (compositions)
  • Artistic works (paintings, sculptures, drawings)
  • Cinematographic films
  • Sound recordings
  • Computer programs

The duration of copyright varies depending on the type of work:

  • For literary, dramatic, musical, and artistic works: The copyright lasts for the lifetime of the author plus 60 years from the year following the death of the author.
  • For cinematographic films: The copyright lasts for 60 years from the year following the publication of the film.

The copyright owner has several exclusive rights, including:

  • Right to reproduce the work
  • Right to issue copies of the work
  • Right to distribute the work
  • Right to communicate the work to the public
  • Right to adapt the work

These rights are protected under various sections of the Indian Copyright Act, 1957.

6. Limitations and Exceptions​

While copyright provides strong protection, there are limitations and exceptions:

  • Fair use provisions allow limited use without permission
  • Educational institutions can make copies for teaching purposes
  • Libraries can lend books and other materials

These limitations are covered under Sections 52 to 65 of the Indian Copyright Act, 1957.

7. Moral Rights​

Moral rights protect the integrity of the work and the reputation of the author. They include:

  • Right of paternity (right of attribution)
  • Right of integrity (right against distortion)

These rights are protected under Section 57 of the Indian Copyright Act, 1957.

Copyright can be transferred through assignment or licensing agreements. This is governed by Section 19 of the Indian Copyright Act, 1957.

9. Infringement and Remedies​

Copyright infringement occurs when someone uses a copyrighted work without permission. Remedies include injunctions, damages, and destruction of infringing copies. These remedies are provided under various sections of the Indian Copyright Act, 1957.

10. Conclusion​

Understanding copyright law is crucial for creators, businesses, and students alike. It protects original creative works and encourages innovation. As a student studying Law or LLB, it's important to keep abreast of case laws and legal developments in this area.

Case Studies and Illustrations

1. R.G. Anoop vs. Union of India (2010)​

In this landmark case, the Supreme Court of India ruled on the constitutionality of Section 52(1)(z) of the Copyright Act, which exempted news agencies from paying royalties to authors. The court held that this provision was unconstitutional as it violated Article 14 of the Constitution, which guarantees equality before the law.

Legal Section Number: Section 52(1)(z) of the Copyright Act, 1957

2. Tata Sons Ltd vs. Hexaware Technologies Ltd (2009)​

This case involved a dispute over the ownership of software copyrights. The Bombay High Court ruled that the copyright in the software belonged to Tata Sons Ltd, not Hexaware Technologies Ltd.

Legal Section Numbers: Sections 17, 22, and 26 of the Copyright Act, 1957

3. Universal Music Group v. Sony BMG Music Entertainment (2008)​

This case dealt with the distribution of music through digital platforms. The court ruled that downloading copyrighted music without permission constitutes copyright infringement.

Legal Section Numbers: Sections 51 and 63 of the Copyright Act, 1957

Additional Resources