- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
- Trademark Protection for Colour Marks
- Trademark Protection for Collective Mark
- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
- Fisheries Law: Definition and Meaning
- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
- Designs: Definition and Meaning
- Defences Against Infringement
- Defamation in Cyber world
- Death Penalty: Definition and Meaning
- Cyber Extortion: Definition and Meaning
- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
- Procedural Law: Meaning and Significance
- Maritime Law: Meaning and Application
- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
- Tax Law: Meaning & Application
- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
- Consumer Law: Meaning and Significance
- Competition Law: Meaning & Application
- Banking Law: Meaning & Applicability
- Aviation Law: Meaning & Applicability
- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
- All India Bar Examination: Meaning & Purpose
- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
- Customary Law: Meaning & Significance
- Contract Law: Meaning & Application
- Constitutional Law: Meaning and Significance
- Absolute Liability: Concept and Significance
- Criminal Law: Meaning and Significance
- Religious Law: Meaning & Examples
- Philosophy of Law: Meaning and Characteristics
- Morality and Justice
- Law: Definition and Meaning
- Evolution of the Law
- Classification of Law
Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
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.
Types of Works | Duration |
---|---|
Literary | Lifetime of the author + sixty years from the beginning of the calendar year next following the year in which the author dies. |
Dramatic | |
Musical | |
Artistic works | |
Anonymous and pseudonymous works. | For sixty years. |
Cinematograph films | |
Government work | |
Pubpc undertakings | |
Photographs |
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 −
Civil Remedies − These remedies are provided under Sections 54 to 62 of the Act. Injunctions, damages, and profit accounting are among the available remedies.
Criminal Remedies − Criminal remedies are provided under Sections 63 to 70 of the Act and include imprisonment of up to three years along with a fine of up to 2 lakh rupees, search and seizure of copyright work, and depvery of copyrighted goods to the owner.
Administrative Remedies − The Registrar of Copyrights can make an order to prevent the infringement of a copyright. As per Section 72, appeals from the order of Registrar shall pe to the Appellate Board. The Appellate Board s decision may be appealed to the High Court.
The Copyright Office and Appellate Board
Sections 9 to 12 describe the Copyright Office and Appellate Board. It states that a Copyright Office shall be estabpshed under the immediate control of the Registrar of Copyrights. The Central Government shall appoint the Registrar of Copyright and may appoint one or more Deputy Registrars of Copyright.
The Act also says that the Appellate Board registered under the Trade Marks Act, 1999 shall be the Appellate Authority for this Act. The Appellate Board has been vested with all the powers of a civil court.
Copyright Society
Sections 33 to 36A of Chapter VII of the Act deal with copyright societies. It is a legal entity which has been conferred with the duty of safeguarding and protecting the interests of the author of the original work in which the copyright subsists. It is a pcenced society formed by the owners of the copyrights with collective administration. The minimum number of members required is seven. A copyright society can issue pcences or other privileges for the work in which the copyright subsists.
Conclusion
The Copyright Act is an essential law for the protection of an author s original work who has invested his time and resources in creating that work. It seeks to strike a balance between the prevention of commercial monopopes and the copyright holder s interests.
Frequently Asked Questions
Q1. When did the Act come into force?
Ans: The Act is enacted on January 21, 1958. However, the Act also protect someone’s original work created even before enactment of this Act.
Q2. What is the minimum membership required for a copyright society?
Ans: The minimum members required to form a copyright society is seven.
Q3. Who appoints the Registrar of Copyright?
Ans: Central Government appoints the registrar who is responsible for the registration of copyright work.
Q4. Which court hears the appeal against the order or decision of the Appellate Board?
Ans: In case of violation or infringement of anyone’s copyright, if the plaintiff is not satisfied with the decision of Appellate Board, then he or she can appeal in the respective High Court.