INTRODUCTION

The word copy has a range of meanings: transcript, imitation, reproduction of an original writing or painting etc. Creators of literary artistic or musical works in ancient times did not worry about their work being copied. However, the question of copyright came to the fore when the printing technology made its appearance. The first to be affected adversely by printing were the authors whose books/works could be copied in large numbers by unauthorised persons, who would reap the benefits depriving the authors of just rewards of their intellectual work. Later as technology advanced, several other categories of originators of intellectual works were included under copyright: literary, dramatic, musical, artistic, cinematograph film, sound recording. The first enactment on copyright in India was the Indian Copyright Act, 1914, which modified the Copyright Act, 1911 of UK that was applicable at that time to India. To meet the changes brought by advances in technology of communication and reproduction, as also the emergence of India as an independent nation with its own aspirations and agenda for development, a complete revision of the law of copyright was effected in the form of The Copyright Act, 1957. It was amended from time to time, the last being in 1999. The copyright Act, 1957, as amended in 1999 came into effect on January 15, 2000. In the following text, we will refer to it as the Act.

Objective
The object of copyright law is to encourage authors, composers, artists and designers to create original works by rewarding them with an exclusive right for a limited period. Such exclusive rights are permitted for literary, dramatic, musical, artistic, cinematograph film and sound recordings. Licensing the right to publishers, film producers and music record manufacturers permits the economic exploitation. The law also aims at preventing anyone from reproducing or exploiting another persons work without authorisation.

REGISTRATION OF COPYRIGHT
The author or publisher of any work or the owner of the copyright in any work may apply to the Registrar of Copyright in prescribed form, accompanied by due fees, to enter the particulars of the work under the Register of Copyrights. The Registrar, after holding such enquiry as he deems fit, may enter the particulars of the work in the register. There is provision for correction of entries in the register, or rectification of the Register. Every entry mode in the Register, or any correction or rectification is required to be published by the Registrar in the official Gazette. Registration confers a bundle of rights in relation to the copyright, as discussed. However, it is not necessary to register the work for copyright. There is nothing in the Act, which makes registration of copyright as a precondition for availing of the remedies for infringement. Registration only provides prima facie evidence of particulars entered, without the necessity of further proof by way of production of the original.

procedure for registration is as follows:

a) Application for registration is to be made on Form IV (including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules, as amended; b) Separate applications should be made for registration of each work; c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules, as amended; and d) The applications should be signed by the applicant and if he has an advocate in whose favour a Vakalatnama or Power of Attorney has been executed, should also be signed by the Advocate. Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

ASSIGNMENT, LICENSING AND TRANSMISSION

The object of granting exclusive right is that the owner can economically exploit it for a limited period. For the purpose of monetary benefit she can assign it or license it for a royalty. Assignment The owner of the copyright may assign the copyright to another person either wholly or partially and either for the whole term of the copyright or any part of it. The owner may place legitimate restrictions on the use of copyright while assigning it to another person. Assignment is in essence a transfer of right. Registration is not compulsory for assignment. Unless the assignment is in writing and signed by the assignor or by her duly authorised agent, it is not a valid assignment. The assignment should contain the identity of the work assigned and should specify the rights assigned, the territorial extent and period of such assignment. If the period of assignment is not mentioned it shall be deemed to be 5 years. If the territory for the assignment is not specified it shall be presumed to extend to whole of India. It shall also specify the amount of royalty to be paid for the assignment. However, if the assignee does not exercise a right assigned to him within a period of one year the assignment in respect of such right shall be deemed to have lapsed. Transmission Copyright is a kind of movable property, which can be transferred by will, or operation of law. When the owner of the work or copyright dies, the copyright will pass to her legal heirs and if she dies in testate (without making a will) then it will go to her personal representative. Where a person is entitled to a manuscript of literary, dramatic or musical work, or to an artistic work through a bequest and the work is not published before the death of the testator, then, unless there is anything in the will to the contrary, the bequest will include also copyright in such work.

Remedies
In case of infringement of a copyright the owner of the copyright can file a suit in a district court having jurisdiction seeking remedies by way of (i) injunction, (ii) damages, (iii) accounts or (iv) otherwise. The owner of copyright includes an exclusive licensee, and in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author is satisfactorily established. In the case of such a work under joint authorship, it is sufficient that the identity of any one author is satisfactorily established. Injunction is a normal remedy, though discretionary on the part of the court. It stops the infringement during the pendency of the proceedings and ensures that no further loss/damage is caused to the owner of the copyright during the period when the injunction is in force. Damages account for the loss in money terms suffered by the owner of the copyright due to infringement. Accounts relates to the accounts of net profits earned by the defendant (infringer). If there are no profits, accounts is not ordered as a remedy. Damages and accounts are alternative remedies; the owner can choose only one of them, not both. Otherwise, as a remedy, is a general provision authorising the court to grant such other reliefs as the court may deem necessary for complete redressel of the complaint, e.g., destruction of the infringing material.

INFRINGEMENT
What Constitutes Infringement Anyone who violates the exclusive rights of the owner of copyrighted work for its commercial exploitation or its communication to the public, without the authors consent or authority is infringing the copyright. Under the Act Infringing copy means: The reproduction of literary, dramatic, musical or artistic work; A copy of the cinematograph film made on any medium by any means;

In relation to sound recording any other recording embodying the same sound recording, made by any means; In relation to a programme or performance, which entails a broadcast reproduction right or a performers right, the sound recording or cinematographic film of such programme or performance. Spend 5 min. Copyright in a work is infringed if any person, without due authorisation of the owner of the copyright: Does any act which is against the exclusive right of the copyright owner; or Permits for profit a place to be used for communicating the work to the public, unless he was unaware that such communication to the public would be an infringement of copyright; or Sells or hires or by way of trade displays or distributes or exhibits in public, any infringing copy, so as to prejudicially affect the owners interest. However, import of one copy for private use is not infringement. To summarise, the infringement occurs if any of the following acts is committed without authorisation from the author: Reproduction of the work in a material form; Publication of the work; Communication of the work to the public; Performance of the work in public; Making of its translations and adaptation; and Commercially exploiting the work, or trying to do so.