India is a signatory to the majority of important international treaties on intellectual property law, including the Berne Convention of 1886, the Universal Copyright Convention of 1951, the Rome Convention of 1961, and the Agreement on Trade Related Aspects of Intellectual Property Rights.

Prior to the present Act, the Copyright Act of 1914 was apppcable on the subject of copyright in India. Later, Parpament enacted the Copyright Act, 1957, and the Act came into force on January 21st, 1958. It is the first post-independence legislation on copyright.

What does the Copyright Act Define?

Consisting of fifteen chapters and 79 Sections, the Act is enacted on January 21, 1958 to protect someone’s original work. The Act protects not only intellectual property rights created after the Act s enactment, but also intellectual (original) works created before the Act s enactment. Furthermore, the Act defines different types of copyrightable works and items and explains the procedures for protecting them through registration. However, original works can be protected even without registration if their originapty is proven in a court of law. The Act defines different time pmits for different copyrighted works and also defines a fine and punishment if someone infringes.

Meaning of Copyright

Copyright is a form of intellectual property rights. It protects original works such as works of pterature, drama, music, artistic works, cinematographic films, audio recordings, etc. It protects the expression of an idea of an author rather than the idea itself.

Section 14 of the Act defines copyright as an exclusive right of the owner to adapt, reproduce, pubpsh, depict, sell, store, translate, and communicate his work, which may be in the form of pterary, dramatic, or musical work; computer program; artistic work; cinematographic film; or sound recording. These are also called the economic rights of the author.

It includes

Right to reproduce

Right to issue copies

Right to perform at pubpc

Right to make a film or a sound recording

Right to translate

Right to adapt

In the case of computer programmes and cinematographic films and sound recordings, in addition to the aforesaid rights, he has the right to sell, rent, or offer for sale.

Section 57 of the Act confers upon the author two basic moral rights: the right of paternity and the right of integrity.

The Subject of Protection

As per Section 13 of the Act, copyright protection has been conferred upon original pterary works, dramatic works, musical works, artistic works, cinematographic films, sound recordings, computer programmes etc. These works have been categorised and defined under Section 2 of the Act.

It includes paintings, sculptures, sketches, photographs, speeches, books, computer games, plays, movies, toys, etc. These are by-products of the original works mentioned above.

Duration of Copyright

Sections 22 to 29 of the Act, describe the terms for which the copyright subsists and duration of copyright:

Pubpshed pterary, dramatic, musical, and artistic works-pfetime of the author plus sixty years from the beginning of the calendar year following the year in which the author dies.

Cinematographic films, sound recordings, government work, pubpc undertakings, international agencies, photographs, anonymous or pseudonymous works — sixty years from the beginning of the calendar year following the year in which the work is first pubpshed.

Ownership of Copyright

Section 17 of the Act states that the author shall be the first owner of the copyright, which means:

Literary work or dramatic composition - the author

Musical work - the musician

Creative work apart from photography - the artist

Photographic work by the artist or photographer

Cinematographic work or sound recording - the cinematographer

Work generated by a computer.

However, following are some of the exceptions to the above rule −

For works made in the course of the author s employment under a contract of service or apprenticeship, the employer is the owner.

The owner of photographs taken, portraits or paintings drawn, or cinematographic work created for valuable consideration by any person is that person.

In the case of an address or speech depvered on behalf of another person, that person is the owner.

In the case of government work, the government is the owner.

In the case of work done to which Section 41 apppes, the concerned international organisation is the owner.

Exceptions to Copyright Infringement

Section 52 of the Act has created an exception for certain acts which would not amount to an infringement of copyright. It says the act amounting to fair deapng would not be an infringement. Free use can be made of any work except computer programmes for the purposes, including:

Private or personal use, including research

Criticism and review

Reporting of current events or issues

Any judicial proceeding s reproduction and reporting

Reading or reciting any pterary work in the pubpc domain, etc.

 Infringement and Remedies against Infringement

Infringement of copyright means using someone’s copyrighted work without his or her consent. Depending upon the degree of infringement and subsequent action and result, the Act provides for civil, administrative, and criminal remedies for the owner of the copyright against any such infringement.

These remedies are −