Copyright was invented after the advent of the printing press and subsequent widening of public

literacy. As a legal concept, its origins in Britain were from a reaction to printers monopolies at
the beginning of the eighteenth century. In Britain the king of England and Scotland was
concerned by the unregulated copying of books and used the royal prerogative to pass
the Licensing Act of 1662 which established a register of licensed books and required a copy to
be deposited with the Stationers Company, essentially continuing the licensing of material for the
benefit of printers that had long been in effect. The Statute of Anne in 1709 was the first real
copyright act, and gave the author in the new state of Britain rights for a fixed period, after which
the copyright expired. Internationally, the Berne Convention on 9 September 1886 set out the
scope of copyright protection, and is still in force to this day.

The present day is the locus of the most intense and most extensive expansion of
technological progress in recorded history. Thus, if history is any lesson, this is an era in
which broader, more secure copyright rights are essential to protect the rights of thinkers,
writers and visionaries.
What is copyright?
An artistic, literary or musical work is the brainchild of the author, the fruit of his labour and
so, considered to be his property. So highly is it prized by all civilized nations that it is
thought worthy of protection by national laws and international conventions.[1]
The Oxford English Dictionary defines Copyright as the exclusive right given by law for
a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell
copies of his original work.
In Colliers Encyclopedia, Copyright is defined as a privilege or franchise granted by the
government to authors, composers and artists which entitles them to the exclusive right of
printing or otherwise multiplying, publishing and vending copies of the copyrighted literacy
or artistic production.
Copyright is a form of intellectual property. Intellectual property includes intangible assets
such as works of authorship, ideas and business goodwill. Intellectual property laws protect
these intangible assets.Copyright is a right granted under Indian law to the creators of original
works of authorship such as literary works (including computer programs, tables and
compilations including computer databases which may be expressed in words, codes,
schemes or in any other form, including a machine readable medium), dramatic, musical and
artistic works, cinematographic films and sound recordings.
Copyright gives the author of an original work exclusive right for a certain time period in
relation to that work, including its publication, distribution and adaptation, after which time the
work is said to enter the public domain. Copyright applies to any expressible form of an idea or
information that is substantive and discrete and fixed in a medium. Copyright is a creation of the
statute and there is no such thing recognized as a common law copyright. The copyright subsides
only in the items of work specified inSection 13 of the Copyright Act 1957 namely (a) original
literary, dramatic, musical and artistic work, (b) cinematograph film and (c) sound
recording. Copyright means the exclusive right to do or authorize others to do certain acts in
relation to: (1) literary, dramatic or musical works, not being a computer programme, (2)

computer programme, (3) artistic work, (4) cinematograph film and (5) sound recording. The
natures of the acts vary according to the subject- matter. The various acts, for which copyright
extends, are listed in Section 14 of the Copyright Act 1957.
Copyright protection commences the moment a work is created, and its registration is optional.
However it is always advisable to obtain a registration for a better protection. Under Section 17
of the Copyright Act 1957, the author or creator of the work is the first owner of copyright. An
exception to this rule is that, the employer becomes the owner of copyright in circumstances
where the employee creates a work in the course of and scope of employment.
Principles of Copyright:
The moral basis for protection under Copyright law rests in the Eight Commandment: Thou
Shall not Steal [2]. The law does not permit one to appropriate to himself what has been
produced by labour, skill and capital of another [3]. This is the very foundation and philosophy
of Copyright law.
The general principles of copyright are reflected in Article 27 of the Universal Declaration of
Human Rights:
(1) Every one has a right freely to participate in the cultural life of the community to enjoy the
arts and share in scientific advancements and its benefits.
(2) Every one has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.
Its object:
The object of copyright law is to encourage authors, composers and artists to create original
works by rewarding them with the exclusive right for a limited period to reproduce the works for
the benefit of the public. The exclusive right given to the author is a negative right, that is to say,
a right to prevent others from copying or reproducing the work. Copyright is granted for the
purpose of preventing persons from unfairly availing themselves of the works of others, whether
that work be scientific, literary or artistic. Care must be taken not to allow them to be made the
instruments of oppression and extortion.
Copyright protects the form of expression of a creator against copying. This protection is
available for both published and unpublished works. The owner of copyright has the exclusive
right to do and authorize others to do the following:

Reproduce the work in copies or sound recordings.

Make derivative works upon the original

Distribute copies or sound recordings of the original to the public by sales, rentals, leasing,
lending or licensing.

Perform the original publicity and that would include the use of digital audio.

Display the original publicity

It is illegal for anyone to violate any of the above rights provided by the copyright law to the
owner of copyright.
So, the object of Copyright law is to protect the author of the copyright work from an unlawful
reproduction or exploitation of his work by others. The long period of copyright encourages
authors and artists to create works of literature, music and art.
British Copyright law:
The first Copyright Act in England which was in fact the first copyright act in the world [4] was
passed in 1709 called the statute of Anne, which provided that the author of any book already

printed will have the sole right of printing such book. No change of fundamental significance
was made for over two centuries from 1709-1711. Common law copyright was however abolished
by Section 31 of the Copyright Act 1911.
The 1709 Act, passed various acts to protect different classes of works like engraving, sculpture,
dramatic works etc. Then came the Copyright Act 1842 which repealed the two earlier acts of
1709 and 1814. Then came the Copyright Act 1911 which codified and consolidated the various
earlier Copyrights Acts on different works. It abolished Common Law copyright and introduced
a term of life of the author plus fifty years. It also abolished the need for registration of copyright
as a prerequisite for claiming right or the enforcement of copyright. It also introduced many new
provisions.
American Copyright Law:
In the United States, the first Copyright Act was passed in 1790 which contained most of the
principles of English law, but foreign authors were not protected. Then came the Copyright Act
1891 which brought about various new provisions. The present American Copyright law is
contained in the Act of 1976 which is considered as the most major copyright law in the world
dealing with most of the problems in copyright legislation resulting from the progress of
technology [5]. The U.S. law has a registration system for copyright.
Indian Copyright Law:
In India the first Copyright Act was passed in 1914. This was similar to the U.K. Copyright Act
1911 with suitable modifications to make it applicable to then British India. With the changed
constitutional status of India, it was necessary to enact an independent, self- contained law on
the subject of copyright in the light of growing public consciousness and the rights and
obligations of authors. So, the next Act which is the current statute was the Copyright Act 1957,
which came into force on 21 stJanuary 1958 and on the same date the Copyright Rules 1958 was
also passed, which adopted many of the principles and provisions contained in the U.K. Act
1956, but also introduced many new provisions. The original Act of 1957 has been amended in
the year 1983, 1984, 1992, 1994, and in 1999.
The Act provides for the setting up of a Copyright office under the control of Registrar of
copyright, for the purpose of registration of books and other works of art and for certain other
functions. A body called Copyright Board has been created under the act, authorized to deal
with certain kinds of disputes pertaining to copyright. The orders passed by the Registrar of
Copyrights and Copyright Board in certain matters are appealable.
What Copyright protects?
To ensure copyright protection what is required is that the author must have bestowed upon the
work sufficient judgment, skill and labour or capital.
In case of Walter v/s Lane [6] it has been held that copyright protection is given to the author
whether his work is wise or foolish, accurate or inaccurate, or whether it has or not any literary
merit.
In case of Nag Book House v/s State of West Bengal [7] it has been held that for copyright
protection it is necessary that the labour, skill and capital expended should be sufficient to
import to the products some quality or character which the law material did not possess and
which differentiates the product from the raw material.
In the case of Harman Pictures N.V. v/s Osborne [8] it has been held that under Copyright Law
another person may originate another work in the same general form, provided he does so from

his own resources and makes the work he so originates a work of his own by his own labour and
industry bestowed upon it.
In the case of Kartar Singh v/s Ladha Singh [9] it has been held that Copyright law does not
prevent a person from taking what is useful from an original work and create a new work with
additions and improvements. Under the guise of a copyright the owner of a copyright cannot ask
the court to close all the venues of research and scholarship and all frontiers of human
knowledge.
Registration of Copyright: Compulsory or not compulsory?
In the Indian Copyright Act, 1914 there was no provision for the registration. Section 44 of the
Copyright Act, 1957 has provided for registration of copyright.
A Register of Copyrights is maintained by the Copyright Office containing the names or titles of
works and the names and addresses of authors, publishers and owners of copyright. The register
of Copyright will be kept in six parts:
Part 1- Literary works other than computer programmes.
Part 2- Musical works.
Part 3- Artistic works.
Part 4- Cinematograph films.
Part 5- Sound recordings.
Part 6- Computer programmes.
Registration is not a prerequisite condition for copyright [10]. The Copyright Act 1957
under Section 44 provides for registration of a work in which copyright subsists, registration is
not necessary to claim copyright. Copyright subsists as soon as the work is created and given a
material form. The registration only raised the presumption that the person shown is the actual
author. The presumption was not conclusive but were contrary evidence was not forthcoming, it
was necessary to render further proof to show that the copyright vested in the person mentioned
in the register.
Section 45 of the Copyright Act provides that an application in the prescribed form accompanied
by the prescribed fee to the Registrar of copyrights should/may be made by the author or
publisher of or the person interested in entering particulars of the work in the register of
copyrights. This section does not lay down that registration is compulsory.
Section 48 of the Copyright Act provides that the registration of Copyright Act shall be prima
facie evidence of the particulars entered therein and shall be admissible in evidence in all courts
without proof and production of the original.
The purpose of copyright registration is to take place on record a verifiable account of the date
and content of the work in question, so that in the event of a legal claim, or case of infringement
or plagiarism, the copyright owner can produce a copy of the work from an official government
source.
Object of registration: The object shows that the intention behind the enactment of Section 44
was not to make registration compulsory for the purpose of enforcement of copyright. It
provided an option. It was therefore (not) obligatory for an author to get the copyright registered
under Section 44 of the act for the purpose of acquiring rights conferred by it.
Registration of copyright- mandatory requirement? If the legislature intended to make the
requirement of registration mandatory, the language of Section 44 would have been different.

There is no provision in the act depriving an author of the rights conferred by this act, on
account of non registration of the copyright. It was therefore (not) obligatory for an author to get
the copyright registered under Section 44 of the act. [11]
Effect of Registration: The reason behind enactment of Section 44 of the Copyright Act 1957 was
not to make registration compulsory or mandatory for enforcement of copyright, it merely
provides an option. The registration only raises a presumption that the person shown is the
actual author, it is not necessary to render any further proof to show that the copyright vested in
the person mentioned in the register.
In the case of Manojah Cine Productions v/s Sundaresan [12],
The Court held that there is no indication in any of the provisions of the Act, read individually or
as a whole, to suggest that registration is a condition precedent to subsistence of copyright or
acquisition or ownership thereof or reliefs for infringement of copyright.
In the case of Glaxo v/s Samrat Pharmaceuticals [13],
The Court held that registration of copyright does not confer any rights. Copyright exists
whether registration is done or not and the registration is merely a piece of evidence. Where it is
not possible to be definite as to who was the original creator, the person who got registration
earlier is presumed to be the author or original creator of the artistic work.
In the case of Camlin v/s National Pencil [14],
The Court held that certificate of registration under the copyright act will only prima facie show
that the particulars mentioned therein are entered in the copyright register. The mere fact that
something is entered in the copyright register, does not establish that what is registered is in fact
and in law copyrightable subject matter.
In the case of Satsang v/s Kiron Chandra Mukhopadhaya [15],
The court held that under the Copyright Act, 1957 registration is not compulsory. There is no
section in the Copyright Act, 1957 to the effect that the author can have no right or remedy unless
the work is registered.
Procedure of Registration: The Copyright Act provides for a procedure for registration of
copyright. However, registration does not confer any special right of privileges in respect of the
registered copyright work, except that the registration acts a prima facie proof of ownership. Rule
16(3) of the Copyright Rules, 1958 requires that the person applying for a registration of a
copyright shall simultaneously send a copy of the application to every other person interested in
the copyright of the work. If not done the registration is liable to be cancelled on this ground [16].
Chapter VI of the Copyright Rules, 1956 as amended sets out the procedure for registration of
copyright. The procedure for registration of copyright is as follows:

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.

Separate applications should be made for registration of each work.

Each application should be accompanied by the requisite fee prescribed in the second
schedule to the rules.

The application should be signed by the applicant or the advocate in whose favour a
vakaltnama or Power of Attorney has been executed. The power of attorney signed by the party
and accepted by the advocate should also be enclosed.

Each and every column of the statement of particulars and statement of further particulars
should be replied specifically


Both published and unpublished works can be registered. Copyright in works published
before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be
registered. Three copies of published work may be sent along with the application. If the work to
be registered is unpublished, a copy of the manuscript has to be sent along with the application
for affixing the stamp of the copyright office in the proof of the work having been registered.

In case two copies of the manuscript are sent, one copy of the same duly stamped will be
returned, while the other will be retained, as far as possible, in the copyright office for the record
and will be kept confidential. It would also be open to the applicant to sent only extracts from the
unpublished work instead of the whole manuscript and ask for the return of the extracts after
being stamped with the seal of copyright office.
When a work has been registered as unpublished and subsequently it is published, the applicant
may apply for changes in particulars entered in the register of copyright in Form V with
prescribed fees.
Application for Registration of Copyright:
1.
Every application for registration of copyright shall be made in accordance with Form IV
and every application for registration of changes in the particulars of copyright entered in the
Register of Copyrights shall be made in accordance with Form V.
2.
Every such application shall be in respect of one work only, shall be made in triplicate and
shall be accompanied by the fee specified in the second schedule in this behalf.
3.
The person applying for registration shall give notice of his application to every person who
claims or has any interest in the subject matter of the copyright or disputes the rights of the
application to it.
4.
If no objection to such registration is received by the Registrar of Copyrights within thirty
days of the receipt of the application by him, he shall, if satisfied about the correctness of the
particulars given in the application, enter such particulars in the Register of Copyrights.
5.
If the Registrar of copyrights receives any objection for such registration within the time
specified in sub- rule (4), or, if he is not satisfied about the correctness of the particulars given in
the application he may, after holding such inquiry as he deems fit, enter such particulars of the
work in the Register of Copyrights as he considers proper.
6.
The registrar of Copyrights shall, as soon as may be, send, wherever practicable, a copy of
the entries made in the Register of Copyrights to the parties concerned.
A model of the application for registration of copyright as under Form IV of the Copyright Rules,
1958 is as follows: [17]