Introduction to Copyright

It is based on the notion that a person, who creates or

produces creative work, has a right to decide how the
fruits of his talent, skill and labor should be reproduced.
In simple words, it is about the right to copy.
Provides the economic foundation for sustaining and
fostering creativity.
Without copyright, photographers, authors, artists, and
journalists or anyone else who creates non-material
economic wealth would have to find alternative means
(other than licensing) to support themselves.




Copyright in India
In India, the law on copyright protection is contained in
the Indian Copyright Act, 1957.
The Copyright Act, 1957(Act No. 14 of 1957) governs the
laws & applicable rules related to the subject of
copyrights in India. Copyright Law in the country was
governed by the Copyright Act of 1914, was essentially
the extension of the British Copyright Act, 1911 to India,
and borrowed extensively from the new Copyright Act of
the United Kingdom of 1956.
Copyright Act 1957 - Main Features
Valid from 21 January 1958
Created Copyright Office and Copyright Board
Introduced civil and criminal remedies against
infringement
Performing societies rights (for instance, music
royalties)
Definition of categories in which copyright actually
subsists
International copyright


Amendments in Indian Copyright Act

The Copyright Act, 1957 came into effect from January 1958. This Act
has been amended five times since then, i.e., in 1983, 1984, 1992,
1994, 1999 and 2012. The Copyright (Amendment) Act, 2012 is the
most substantial.
Some of the important amendments to the Copyright Act in 2012 are
extension of copyright protection in the digital environment such as:
1. Penalties for circumvention of technological protection measures
and rights management information;
2. Liability of internet service provider and introduction of statutory
licenses for cover versions and broadcasting organizations;
3. Ensuring right to receive royalties for authors, and music
composers, exclusive economic and moral rights to performers;
4. Equal membership rights in copyright societies for authors and
other right owners and exception of copyrights for physically
disabled to access any works.


The main reasons for amendments to the Copyright Act,
1957 include:
1. To bring the Act in conformity with WCT and WPPT;
2. To protect the Music and Film Industry and address its
concerns;
3. To address the challenges posed by digitization of
works and Internet;
4. To address the concerns of the physically disabled and
to protect the interests of the author of any work;
Incidental changes;
5. To comply with the obligations under the Trade-Related
Aspects of Intellectual Property Rights;
6. To remove operational facilities; and enforcement of
rights.

Nature of Copyright
It is the product of the labor, skill and capital of one man
which must not be appropriated by another.
It is important to note that copyright is not related to
ideas, but to their expression.
Fair use does not apply to some works, such as
standardized tests, workbooks, and works that are meant
to be consumed.
Copyright subsists throughout India in (a) original literary,
dramatic, musical and artistic works (b) cinematograph
film and (c) sound recording (Section 13). These terms
are defined in the Act. Apart from these works, no other
work is entitled to copyright under the Act.

Description of Work
"Indian work" means a literary, dramatic or musical work,
1. The author of which is a citizen of India; or
2. Which is first published in India; or
3. The author of which, in the case of an unpublished work is,
at the time of the making of the work, a citizen of India.
"Dramatic work" includes any piece for recitation,
choreographic work or entertainment in dumb show, the
scenic arrangement or acting form of which is fixed in writing
or otherwise but does not include a cinematograph film;
"Literary work" includes computer programmes, tables and
compilations including computer "literary data bases;
"Musical work" means a work consisting of music and
includes any graphical notation of such work but does not
include any words or any action intended to be sung, spoken
or performed with the music;


Cinematograph film: A producer has exclusive right to make
copy of the film including photograph of any image forming
part thereof, to sell or give on hire, or offer for sale or hire any
copy of the film, to communicate the film to the public. [14(d)]
Sound recording: A composer has exclusive right to make any
other sound recording embodying it, or offer for sale or hire
any copy of the film, to communicate the film to the public.
[14(e)]
Computer programmes: In addition to the above rights, the
owner has exclusive right to sell or give on hire, or offer for
sale or hire any copy of the programme. The Copyright
(Amendment) Act, 1999 has added one more right; i.e., to sell
or give on commercial rental or offer for sale or for
commercial rental any copy of the programme. [14(b)]


Court Cases
Case I: RG Anand vs Delux Films and Others
R G Anand penned, produced and staged a drama called Hum
Hindustani and Delux Films made a film, New Delhi, on the same
theme, which was released in 1956. Anand saw the film and
found it to be an exact copy of his play. On a suit filed by Anand,
the lower courts found no infringement of copyright. The case
reached the Supreme Court, and the Supreme Court found that,
while there were similarities in the two works, no violation of
copyright could be established as there were also substantial
dissimilarities between the two works.
How do you think the Supreme court laid down the test for
infringement?



Case II : Rogers vs Koons






Photographer Art Rogers shot a photograph of a couple holding a
line of puppies in a row and sold it for use in greeting cards and
similar products. Internationally, renowned artist Jeff Koons in
the process of creating an exhibit on the banality of everyday
items ran across Rodgers photograph and used it to create a set
of statues based on the image. Koons sold several of these
structures, making a significant profit. Upon discovering the copy,
Rodgers sued Koons for copyright. Koons responded by claiming
fair use by parody.
How would you arrive at a verdict?

References
http://www.legalserviceindia.com/article/l195-Copyright-Law-
in-India.html
http://www.indiankanoon.org/doc/1734007/
http://indiankanoon.org/doc/1739601/
http://copyright.laws.com/famous-cases/rogers-v-koons
http://www.mondaq.com/india/x/204598/Trade+Secrets/Trad
e+Secrets+In+Indian+Courts
https://library.uoregon.edu/reserves/copyrightfaq.html#natur
e
http://cis-india.org/a2k/blog/analysis-copyright-amendment-
bill-2012







Thank You

By:
Aakash Chharia
Roll no: 309
Division - A
2013-2014