COPYRIGHT ACT, 1957

Copyright is right of artist, author and producer of films etc., who have created a work by use of their
artistic skills.

Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic,

literary or musical works by Copyright Act.

It also extends to sound broadcasting. Cinematograph films and television broadcasts including cable
television.

Object of copyright

Copyright protects skill, labour and capital employed by the author.

Its object is to protect the writer and author from the unlawful reproduction, plagiarism, piracy,
copying and imitation

Nature of copyright

Copyright is negative in nature.

It is intangible asset.

It is not a right in novelty of ideas.

Copyright is a beneficial interest in movable property.

It can be transferred as per any beneficial interest in movable property.

Copyright protects the form and not ideas. A second person can produce identical result and enjoy a
copyright in that work using the same idea, provided it is arrived at by an independent process.

Example:

Photograph of a building can have copyright and it cannot be reproduced without the permission of
photographer. However, another person is at full liberty to take photograph of the same building.

Communication to public

“Communication” means making any work available for being seen or heard or otherwise enjoyed by
the public directly or by means of display or diffusion other than by issuing copies of such work
regardless of whether any member of the public actually sees, hears or otherwise enjoys the work.

Adaptation

“Adaptation” means:

Conversion of dramatic work into non-dramatic work.

Conversion of literary or dramatic work or any version of work in which story is converted by
means of pictures in a book, newspaper, magazine etc.

Transcription of any musical work.

Use of any work involving its re-arrangement or alteration.

Example: Making a “comic picture” series of an artistic or literary work would amount to its
adaptation.

Publication

“Publication” means making a work available to the public by :

Issue of copies; or

Communicating the work to public.

REGISTRATION OF COPYRIGHT

Registration of Copyright is optional.

Copyright may be registered with Registrar of Copyrights.

Following person can apply for registration of copyright:

Author, publisher, or owner of work

Any person interested in work

RIGHTS OF COPYRIGHT OWNER

As per Section 14, Copyright means exclusive right to do any of the following acts in respect of a
work or any substantial part thereof:

Rights in case of literary, dramatic or musical work To reproduce the work in any
material form including the storing of it in any medium by electronic means.

To issue copies of work to the public. This clause does not apply to copies , which are
already in circulation.

To perform work in public or communicate to public.

To make any cinematograph film or sound recording.

To make translation to make adaptation of wok.

To do, in relation to translation or an adaptation of work, any of the aforesaid acts

mentioned above.

Rights in case of computer programme To do any of the acts specified above in relation to
literary work.

To sell or give on commercial rental or offer to sale or for commercial rental any copy of the
computer programme. However, such “Commercial rental” does not apply in respect of computer
programmes where the programme itself is not the essential object of the rental.

Rights in case of Artistic Work To reproduce in any material form including depiction in
two dimensions from three dimensions or vice versa.

To communicate work to public.

To issue copies of work to the public which are not already in circulation

To include the work in any cinematograph film.

 To make any adaptation of the work.

To do in relation to an adaptation of the work, any of the acts specified as above.

Rights in case of Cinematograph Film To make a copy of the film, including a photograph
of any image forming part thereof.

To sell or give on hire of offer for sale or hire, any copy of the film. It does not matter
whether or not such copy was sold or given on hire on earlier occasions.

To communicate the work to public.

Rights in case of sound recording To make any other sound recording embodying it.

To sell or give on hire of offer for sale or hire, any copy of the film. It does not matter
whether or not such copy was sold or given on hire on earlier occasions.

To communicate the sound recording to public.

Performer’s right – Sections 38, 38 B Performer has exclusive right to do or authorize to

do any person following act:

To make sound recording or visual recording of performance.

To make reproduction of any recording of his performance.

To issue copies to public or communicate to public his work.

To sell or give on commercial rental basis copy of recording.

To broadcast the performance.

Author or performer has moral right available for his work even after assignment of work.
Moral rights are separate from economic rights.

Moral rights means author or performer has right to take action and claim damages against
any person for distortion, mutilation, modification or other acts in relation to work.

Performer of work has moral right where distortion, mutilation, modification or other acts in
relation to work is prejudicial to his reputation.

OWNERSHIP OF COPYRIGHT

Normally, author of work is the first owner. – Section 17

Right of author is subject to following limitations:

Proprietor of newspaper or magazine will be the owner, if the author of literary, dramatic or
artistic work is in his employment. This right is only in respect of publication in any newspaper,
magazine etc.

If a photograph, painting or portrait is done on payment at instance of a person; such person

will be the owner of copyright.

In case of any work done in the course of author’s employment, the employer will be first
owner.
 Person delivering the speech will be first owner, unless he delivers the speech on behalf of
some other person.

In case of Government work, Government is first owner. Government work means work
made or published under direction or control of any department of Government.

International organizations notified by Central Government under Section 41 in respect of foreign

work to which they are eligible to hold copyright.

ASSIGNMENT OF COPYRIGHT

Assignment means owner transfer his ownership in copyright. Assignment is possible for existing or
future work. Assignment in future work will take effect only when the work comes into existence.

Effect of Assignment

After assignment, the assignee gets rights assigned and balance rights remain with the assignor.
Copyrights are a bundle of rights and hence owner may assign the whole or only some of them.

Example: The producer had assigned all rights of negatives of a film to an assignee. Producer
continues to be original author of the film. He can assign TV and video rights to others. Assignee can
be considered as owner during period of assignment.

Lapse of Assignment

If the assignee does not make any use of rights assigned to him within a period of one year from
date of assignment, the assignment will be deemed to have lapsed, unless otherwise specified in the
agreement.

Dispute

Copyright Board will decide disputes regarding assignments after hearing both sides.

Copyright Board can pass order regarding:

Revocation of assignment if assignee does not sufficiently exercise the rights assigned to him
– e.g., publisher acquires right, but does not publish the book.

Recovery of royalty payable.

Revocation of assignment if the terms are harsh to the assignor if the assignor is an author.

Any other order as it may deem fit.

LICENCES OF COPYRIGHT

Copyrighted work can be licenced by owner in any of following methods:

Voluntary licence

Owner of copyright can grant licence in writing to another person.

Future work can also be licenced, but the licence takes effect only when the work comes in
existence.

Such licence is normally for re-publication, performance in public or communication to

public.
 Provisions as applicable to assignment i.e. period, territorial assignment, resolution of
dispute by Copyright Board as applicable to assignment are also applicable to licence.

Compulsory licence for published work

If owner does not grant permission for republication, performance or communication to

public, Copyright Board can be complaint by any person.

Copyright Board should grant opportunity of being heard and after inquiry, if it is satisfied,
direct registrar of copyright to grant licence

Registrar of Copyrights to grant compulsory licence to complainant on such terms and

conditions as it deems fit.

Compulsory licence for unpublished work

If owner of copyright is dead or unknown or cannot be traced, Copyright Board can grant
licence to any applicant on such terms as it deems fit.

Compulsory licence for translation

Any person can apply to Copyright Board for a licence to produce and publish a translation
of a literary or dramatic work after a period of seven years from publication.

This permission can be given if the author denies the permission for such translation.

If applicant is unable to find the author, he has to give copy of his request to publisher
whose name appears on the work, and licence can be given only after nine months after such notice
was given to the publisher.

Necessary fee has to be deposited.

Copyright Board can grant non-exclusive right on terms and conditions and payment of
royalty as it deem fit.

If the licence is for translation of a foreign work, the same will be subject to condition that
the copy of translation shall not be exported outside India and this condition shall be printed on
each copy of the translation.

INFRINGEMENT OF COPYRIGHT

If any person reproduces work or makes copy of copyrighted work without authority or licence from
owner, it is known as infringement of copyright.

What is not infringement of copyright?

Doing any of the following to the work or its translation or adaptation does not amount to
infringement:
 Fair dealing with literary, dramatic, musical or artistic work for private use, research,
criticism or review. The identity of original work must be acknowledged.

In the case of computer programmes, making backup copies as protection against loss,
destruction or damage to the original programme.

Fair dealing with a work for reporting current events in a newspaper, magazine or by
broadcast or in a cinematographic films by a photograph. The identity of original work must be
acknowledged.

Reproduction in a certified copy made as per law.

Reading in public a reasonable extract from published literary or dramatic work. The identity
of original work must be acknowledged.

Publication of short passages in a collection bona fide or use of educational institutions. Not
more than two passages of an author should be used by same publisher in five years. The identity of
original work must be acknowledged.

Reproduction by a teacher or pupil in the course of instruction or in question paper or in

answer paper.

Playing the recording in closed hall in residential premises or part of activities of club, which
is not established for profit.

Performance by an amateur club or society for non-paying audience or for benefit of a

religious institution.

Making up to three copies in a public library for library use if such book is not available in
India.

Translation in any Indian language of any Act of legislature if such translation is not available.
However, translation should contain a statement that it is not authorized or authenticated by
Government.

Exhibition of a film after expiry of the terms of copyright, even if the film is based on a
literary, dramatic or musical work.

Making recording by broadcasting organization for archival purposes, or for its own
broadcast.