assignment of copyright under copyright act 1957

India: Assignment And Licensing Of Copyright

Introduction

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input 1 . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Economic rights allow an owner to reap economic benefits from his intellectual creations. According to section 14 of the Copyright Act, 1957, different rights are recognised with respect to the nature of the work. As per this section, it is the exclusive right of the owner to do or authorise the doing of the acts provided thereunder.

The owner of copyright work can generate wealth not only by exploiting it himself but also by sharing it with others for mutual benefits. This can be done by way of assignment or licensing of copyright.

Assignment of Copyright (Section 18)

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work 2 . However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence.

In Video Master v. Nishi Production 3 , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment (Section 19)

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.

If the period of assignment is not mentioned it will be deemed to be taken as five years from the date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as applicable in whole of India.

Also, Section 19(8) contemplates that the assignment of copyright work against the terms and conditions on which rights have been assigned to a particular copyright society where the author of the work is a member shall be void. Further, Section 19(9) and section 19(10) opine that the assignment of copyright for making cinematograph film or sound recording shall not affect the right of the author to claim an equal share of the royalties and consideration payable with respect to use of his protected work.

In Saregama India Ltd v. Suresh Jindal 4 , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Disputes with Respect to Assignment of Copyright (Section 19a)

As per section 19(a) the Appellate Board may on the receipt of a complaint from the assignor and on holding such inquiry as it may deem necessary, revoke such assignment, if the assignee fails to make sufficient exercise of the rights assigned to him , and such failure is not attributable to any act or omission of the assignor.

In case of a dispute with respect to the assignment of copyright, the Appellate Board may pass a suitable order on receiving a complaint from the aggrieved party and after holding such inquiry as it considers necessary including an order for the recovery of any royalty payable.

Assignment by Operation of Law (Section 20)

When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license (Section 30)

The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary.

The mode of license is like an assignment deed, with necessary adaptations and modifications in section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should comprise of following particulars:

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive - The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Non-exclusive – It does not confer right of exclusion. It is mere grant of an authority to do a particular thing which otherwise would have constituted an infringement. When owner grants an exclusive right, he denudes himself of all rights and retains no claim on the economic rights so transferred.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory License

Being a member of Berne Convention, India has incorporated the provision of compulsory license in the Copyright Act, 1957. The Act provides for grant of compulsory license for Indian work in the public interest, in certain circumstances:

Works Withheld from Public

The Indian Copyright Act provides for the grant of compulsory licences in work which has been published or performed in public. It empowers the Appellate Board to direct the Registrar to grant license, if a complaint is made to it in writing under the Act, during the subsistence of copyright stating the necessary facts which are conditions precedent to its exercise of power, provided the owner has been approached in the first instance for the grant of license and it is only if he has refused to publish or allow the republication of the work and by the reason of such refusal the work is withheld from the public. In case where two or more persons have made a complaint, the licence shall be granted to the complainant who in the opinion of the Copyright Board would serve the interest of the general public. In Super Cassette Industries Ltd v. Entertainment Network (India) Ltd, Mumbai 5 the respondents who were running a radio FM channel under the brand name Radio Mirchi, made several attempts to obtain a license from Super Cassette Industries ltd (SCIL) to play its sound recordings but failed to get it. The Copyright Board ultimately issued them a compulsory license against which an appeal has been filed in the Delhi High Court. After contemplating over section 31, Court observed that in case compulsory license had to be granted to all, then there was no need of any enquiry as envisaged by section 31. The court also opined that once the copyright was in public, refusal has to be made on reasonable and valid ground. While making an order under section 31, the Board had to maintain a delicate balance between the private rights and the copyright vis-a vis- public interest. The case was sent back to the Copyright Board for fresh consideration.

Compulsory License in Unpublished or Published Work (Section 31-A)

According to this section, where the author is dead or unknown or cannot be traced , or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language.

Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued.

The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions.

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. 6

Statutory License for Cover Versions (Section 31-C)

Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so.

The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version. Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advance. One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal 7 , stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work.

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner.

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication.

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf.

The period prescribed are:

Seven years for work related to fiction, poetry, drama, music or art
Three years for works related to natural science, physical science mathematics or technology
Five years for any other work

The term 'assignment' and 'license' are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

An assignment may be general, i.e. without limitation or an assignment may be subject to limitations. It may be for the whole term of copyright or any part thereof. An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee. The assignee being invested with the title in the copyright may reassign 8 .

1 This is known as the 'Doctrine of Sweat of the Brow', whereby a work is given copyright protection if the author has applied 'labour, skill or judgment' in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

2 Section 18(2)

3 23 IPLR 388 (1998)

4 2007 (34) PTC 522 (Cal )

5 (2004) 29 PTC 8 (DEL)

6 Indian Copyright Act, 1957, Sec- 32 (B)

7 2014 (58) PTC 169 (Del)

8 Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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assignment of copyright under copyright act 1957

Assignment and Licensing of Copyrights under Copyrights Act

Intellectual Property Rights Subject-wise Law Notes
January 8, 2021

Introduction

IP is an intellectual work which is produced by intellectual human brain. For e.g. literary work, musical work, inventions, etc. it is an intangible property. It is described as property because it is capable of sale, purchase, mortgage, etc. the owner if IP has rights over his intangible property. No one can make use of IP without the consent of the owner. IP is made to protect their rights and the infringement.

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input [1] . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Today copyright includes a variety of industries like: the information industry and the entertainment industry and industrial design.

Assignment of Copyrights : Section 18 of Copyrights Act

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work. [2] However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

In Video Master v. Nishi Production [3] , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment: Section 18 of Copyrights Act

In Saregama India Ltd v. Suresh Jindal [4] , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license: : Section 18 of Copyrights Act

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive – The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory Licenses

Compulsory and statutory licenses can impact both the identity of the licensee who the owner chooses to deal with and the terms, including rates of royalty, that the owner may stipulate for such dealing. Viewed from this perspective, compulsory licenses are less of an infraction on owner autonomy, on both these counts. The owner does retain a fair bit of autonomy to enter into appropriate licensing arrangements with those who he may deem fit, and he is also permitted to negotiate on the terms of the license within the zone of reasonableness. Normally, it is an unreasonable refusal to deal with a person that gives rise to a compulsory license. This brings us to the third important distinction between a compulsory and statutory license. The former is always granted upon specific application by an individual to the competent authority. The latter, on the other hand, is a blanket fixation of rates of royalty by the authority and a grant of standardised licenses to all those who are interested in availing the same. The owner, as a necessary corollary, has no autonomy on the identity of those who obtain the license, or what they pay as royalty for the same.

Categories of Compulsory Licenses

There are five main categories of compulsory licenses currently operating in India.

These are:

1. Licenses in respect of works unreasonably withheld from the public;

2. Licenses in respect of orphan works;

3. Licenses in respect of works for the differently abled;

4. Licenses in respect of translations;

5. Licenses in respect of reproduction and sale of works unavailable in India.

Statutory Licenses

As seen from the above discussion of compulsory licenses, such licenses can be understood as a particularised expropriation of owner autonomy in respect of the copyrighted work. The need for such expropriation arises only upon acts or inaction on the part of the owner that render the work unavailable to the public or differently abled persons. Statutory licenses, on the other hand, do not require any examination into the conduct of the owner. It attempts a wholesale expropriation of owner autonomy, once the work fits within the broader class of works that can be so licensed.

There are two such categories of statutory licenses, namely cover version recording licenses (Section 31C) and broadcasting licenses (Section 31D).

The first has existed, though as part of the fair dealing exceptions in Section 52, from the very beginning. The second is a very recent addition to the Act vide the 2012 amendment.

The term ‘assignment’ and ‘license’ are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

[1] This is known as the ‘Doctrine of Sweat of the Brow’, whereby a work is given copyright protection if the author has applied ‘labour, skill or judgment’ in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

[2] Section 18(2); Copyright Act, 1957.

[3] 23 IPLR 388 (1998).

[4] 2007 (34) PTC 522 (Cal).

[5] Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

Author Name: Muskaan Mathur [Student, Savitribai Phule, Pune University (SPPU)]

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TERM OF COPYRIGHT, ASSIGNMENT, AND LICENSING (SECTION 18-31) UNDER INDIAN COPYRIGHT ACT, 1957

Published by admin on october 15, 2023 october 15, 2023.

This article is written by Megha Arora, an intern under Legal Vidhiya

In this article, we will delve deeper into the specific provisions of the Indian Copyright Act,1957 outlining the terms of copyright protection, assignment, and licensing. It emphasizes the significance of these legal aspects in protecting creators’ rights and promoting innovation while providing clarity for businesses and the public.

Copyright Act 1957, Copyright protection, Term of Copyright, Assignment of copyright, Licensing of copyright, Intellectual property, Creative works, Indian copyright law, Copyright duration, Copyright assignment, Copyright licensing.

INTRODUCTION

Copyright laws serve as the backbone of intellectual property protection, safeguarding the creative works of individuals and entities across various domains. In India, these laws are enshrined in the Indian Copyright Act, 1957, granting exclusive rights to creators, authors, and copyright holders, allowing them to control the use and distribution of their original works. Copyright, as a legal concept, plays a pivotal role in promoting innovation and creativity by providing authors and creators with the assurance that their efforts will be rewarded and protected.

Understanding the intricacies of copyright terms and the mechanisms of assignment and licensing is of paramount importance in today’s age. It empowers creators, businesses, and even consumers to navigate the complex landscape of intellectual property rights. The knowledge of copyright terms, the processes of assigning copyright, and the nuances of licensing agreements is essential for creators seeking to monetize their creations, for businesses aiming to use copyrighted content legally, and for the general public to appreciate the boundaries of lawful use.

In this article, we delve into Sections 18-31 of the Indian Copyright Act to shed light on the term of copyright protection and the rules governing its assignment and licensing.

TERM OF COPYRIGHT [SECTION 22 – SECTION 29]

Copyright protection is a fundamental aspect of intellectual property law that grants authors and creators exclusive rights to their creative works. In India, the term of copyright protection is outlined from section 22 to section 29 of the Indian Copyright Act, 1957. This section provides a clear framework for how long copyright protection lasts for different categories of creative works.

Here’s a detailed explanation of the term of copyright protection in India:

A. COPYRIGHT IN THE CASE OF LITERARY, DRAMATIC, ARTISTIC, AND MUSICAL WORK [SECTION 22]

For literary, dramatic, musical, and artistic works, the term of copyright protection subsists during the lifetime of the author plus an additional 60 years from the beginning of the calendar year immediately following the year in which the author passes away.

And if the work is produced by co-authors jointly or has multiple authors, the copyright lasts for the lifetime of the last surviving author plus an additional 60 years from the beginning of the calendar year immediately following the year in which the author passes away.

This provision ensures that the rights to creative works remain with the author during their lifetime and are extended to their legal heirs and successors for six decades after their demise.

B. COPYRIGHT IN ANONYMOUS AND PSEUDONYMOUS LITERARY, DRAMATIC, ARTISTIC AND MUSICAL WORK [SECTION 23]

In the case of literary, dramatic, musical, or artistic works (excluding photographs) published anonymously and pseudonymously, copyright protection can extend for up to 60 years from the beginning of the year following the year of their initial publication.

However, if the author’s identity is revealed before this sixty-year period of copyright protection, the countdown stops, and the remaining copyright duration is calculated from the beginning of the year following the year of the author’s death.

Identities of Co-authors are disclosed – In the case of co-authored anonymous or pseudonymous works, if the identity of one or more co-authors is disclosed before the 60-year mark, the same principle applies. The countdown stops, and the remaining copyright duration is calculated from the beginning of the year following the death of the last co-author whose identity was disclosed.

This provision ensures clear and precise guidelines for determining the term of copyright protection for anonymous or pseudonymous works, promoting transparency in copyright law and protecting the rights of both authors and the public. It prevents the exploitation of loopholes that might have allowed perpetual anonymity to extend copyright protection indefinitely.

C. COPYRIGHT UNTIL SIXTY YEARS FROM THE BEGINNING OF THE CALENDAR YEAR NEXT FOLLOWING THE YEAR IN WHICH THE WORK IS PUBLISHED [SECTION 24-SECTION 291

POSTHUMOUS WORK [SECTION 24]

According to Section 24, if the author of literary, dramatic, musical works, or engravings dies before they are published, section 24 specifies that the copyright will last for sixty years from the beginning of the calendar year immediately following the year in which the work is first published.

In cases where an adaptation of this work is published before the author’s death, the sixty-year period is calculated from the beginning of the calendar year following the year of the adaptation’s publication.

This provision ensures that even if an author passes away before their work is published or an adaptation of the work is published earlier, the work still receives copyright protection for a reasonable duration. This helps protect the rights and interests of the author and their heirs in such situations.

2. CINEMATOGRAPH FILMS [SECTION 26]

In the case of cinematograph films, the copyright term is slightly different. It lasts for 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

This provision is intended to protect the interests of film producers and creators in the realm of cinema.

3. SOUND RECORDINGS [SECTION 27]

Sound recordings, a vital part of the music industry, are granted copyright protection for 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

Similar to cinematograph films, this term aims to safeguard the rights of those involved in the creation and distribution of sound recordings.

4. GOVERNMENT WORKS [SECTION 28]

In the case of Government works, the government is considered the first owner of the copyright work, and the copyright lasts for sixty years from the beginning of the calendar year that comes after the year in which the work is initially published.

5. WORKS OF PUBLIC UNDERTAKING [SECTION 28 A]

Under Section 28A, when a public undertaking holds the first ownership, the copyright remains in effect until 60 years from the beginning of the calendar year following the year when the work is first published.

6. WORKS OF THE INTERNATIONAL ORGANISATION [SECTION 29]

In the case of works of any international organizations that are covered under Section 41 of the Copyright Act, the copyright protection will last for a period of 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

ASSIGNMENT OF COPYRIGHT [SECTION 18-19]

Copyright assignment refers to the transfer of exclusive rights and ownership of a copyrighted work from the copyright holder (assignor) to another party (assignee), often in exchange for consideration. In India, the Copyright Act of 1957 governs these assignments in Sections 18 and 19. This legal process allows individuals or entities to buy, sell, or transfer copyrights to works such as literary, artistic, musical, or cinematographic creations.

In the case Gramophone Company of India Ltd. v. Shanti Films Corporation, [1] Calcutta High Court held that “copyright is a beneficial interest in movable property which is capable of being transferred by “assignment”.

In the case of Video Master v. Nishi Production [2] , the Bombay High Court examined whether the assignment of video rights encompassed the right to satellite broadcast. The Court upheld the defendant’s argument, acknowledging that there were distinct methods of public communication, including terrestrial television broadcasting (Doordarshan), satellite broadcasting, and video TV. It was determined that the film’s owner held separate copyrights for each of these modes and could assign them to different individuals. Therefore, the copyright assigned to the plaintiff specifically for video rights did not extend to satellite broadcast rights.

OWNER TO ASSIGN THE COPYRIGHT [SECTION 18]

Section 18 of the Copyright Act, 1957, deals with the assignment of copyright, outlining the conditions and requirements for such transfers.

According to Section 18 of the Copyright Act, 1957, the owner of copyright in an existing work or someone who expects to own copyright in a future work can transfer the copyright, either completely or partially, with or without limitations, for the entire copyright duration or just a portion of it. However, when assigning copyright to a future work, the assignment only becomes effective once that work is created.

Furthermore, if the assignee (the recipient of copyright) gains any rights from the copyright, they are considered the copyright owner for those assigned rights, while the assignor (the original copyright holder) retains ownership for any rights not transferred.

This section also clarifies that the term “assignee” for future works includes the assignee’s legal representatives if the assignee passes away before the work is created.

MODE OF ASSIGNMENT [SECTION 19]

Section 19 focuses on the effect of the assignment, including the rights and obligations of both the assignor and the assignee. Assignments can be partial or complete, and they are typically formalised through written agreements to ensure clarity and enforceability under the law.

Following are the basic requisites for a valid assignment:

An assignment of copyright for any work must be in writing and signed by the person assigning it or their authorized representative.
The assignment must clearly specify the work, the rights being transferred, the duration, and the geographical scope of the assignment.
The assignment should outline the royalty amount and other compensation payable to the author or their legal heirs during the assignment’s validity. The terms of the assignment can be revised, extended, or terminated by mutual agreement.
If the assignment doesn’t state a specific duration, it’s assumed to be five years from the assignment date.
If the assignee doesn’t exercise the assigned rights within one year of the assignment date, those rights will be considered expired unless otherwise specified.
If the geographical scope of the assignment isn’t mentioned, it’s presumed to cover only India.
Assignments of copyright that contradict the terms and conditions of rights already assigned to a copyright society, of which the author is a member, are considered void.

In Saregama India Ltd. v. Suresh Jindal [3] , it was determined that the owner of a copyright in a forthcoming work has the authority to transfer the copyright, either entirely or in part, for the entire duration of the copyright or a portion thereof. Following the assignment, the assignee is legally considered the copyright owner under this act.

BENEFITS OF COPYRIGHT ASSIGNMENT

Transfer of Ownership: Assigning copyright means selling all rights to the work, giving the new owner complete control.
Monetary Gain: The copyright owner receives payment for selling the rights, providing immediate financial benefit.
Reduced Legal Risk: The assignee takes responsibility for protecting and enforcing the copyright, reducing the legal burden on the original owner.
Exclusive Rights: The assignee gains exclusive rights, preventing the original owner from licensing the work to others.
Simplified Management: The assignee handles all copyright-related tasks, streamlining administrative duties for the original creator.

TRANSMISSION OF COPYRIGHT IN A MANUSCRIPT THROUGH TESTAMENTARY DISPOSITION [SECTION 20]

According to Section 20 of the Copyright Act, 1957, when a person inherits a manuscript of a literary, dramatic, or musical work through a will and that manuscript has not been published, the individual named in the will becomes entitled to the copyright in the work to the extent that the person who made the will was the copyright owner just before their passing.

And in this section, the term “manuscript” refers to the original document containing the work, regardless of whether it was handwritten or not.

AUTHOR’S RIGHT TO RELINQUISH COPYRIGHT [SECTION 21]

Section 21 of the Copyright Act, 1957, allows an author to voluntarily give up some or all of the rights associated with their work. To do this, the author must provide formal notice in the prescribed format to the Registrar of Copyrights. The Registrar of Copyright then publishes this notice in the Official Gazette. And once the notice is published, the author’s rights cease to exist from that date.

It’s important to note that when an author relinquishes any right within their copyright, it does not impact any existing rights held by other individuals as of the date of the notice.

LICENSING OF COPYRIGHT [SECTION 30-31]

Copyright licensing is a legal agreement that grants permission to others to use, reproduce, distribute, or otherwise exploit a copyrighted work, subject to certain terms and conditions. It essentially allows copyright holders to share their rights with others while maintaining control over how their work is used. A license and an assignment deed often share similarities, but it’s crucial to highlight and document the specific details they each contain. They are mentioned below:

Time period of the license;
The rights that have been licensed;
Geographical scope or range covered by the license;
The stipulated royalty amount as part of the agreement;
Clauses and terms related to the termination, modification, and extension of the agreement.

Section 30 to Section 31D of the Copyright Act, 1957, discuss different types of licenses:

LICENSE GRANTED VOLUNTARILY BY THE COPYRIGHT OWNER [SECTION 30]

According to section 30, the copyright owner of an existing work or the potential copyright owner of a future work can grant rights in that work through a written license, which must be signed by them or their duly authorized representative. However, if the license pertains to the copyright of a future work, it will only take effect once that work is created.

In the event that a person to whom a license for a future work is granted under this section passes away before the work is created, their legal representatives will, unless the license states otherwise, inherit the benefits of the license.

There are generally five types of voluntary licenses:

1)Exclusive License: Defined under Section 2(j) of the Copyright Act, it grants rights to the licensee and authorized individuals within a specific group.

2) Non-Exclusive License: It grants permission without excluding others, allowing certain actions that would otherwise be considered infringement. When an exclusive right is granted, the owner relinquishes all economic rights.

3) Co-Exclusive License: The licensor grants licenses to a limited number of licensees, recognizing exclusivity among a select few.

4) Implied License: The author implicitly allows or authorizes the use of their work, often when they are aware of someone using their work but don’t take action.

5) Solo License: Both the licensor and licensee can exclusively use the work, excluding any third parties.

2. COMPULSORY LICENSE [SECTION 31 – 31B]

i.) COMPULSORY LICENSE IN THE WORK WHICH IS WITHHELD FROM THE PUBLIC [SECTION 31]

Section 31 establishes provisions for compulsory licenses in cases where the copyright owner of a published or publicly performed work unreasonably refuses to allow its republication, re-communication, performance, or communication to the public during the copyright term. If such a situation arises, a complaint can be filed with the Commercial Court. The Commercial Court will then listen to the copyright owner and conduct any required investigations. Following this process, if the Commercial Court determines that the refusal lacks reasonable grounds, it can instruct the Registrar of Copyrights to grant a license. This license allows qualified individuals, as determined by the Copyright Board, to republish or re-communicate works that have been withheld from the public.

In Entertainment Network (India) Ltd. v. Super Cassette Industries [4] , the Supreme Court ruled that under Section 31(1)(b), if the copyright owner declines to permit the public communication of a sound recording under terms the complainant deems reasonable, a complaint to the Copyright Board for the issuance of a compulsory license is permissible. However, the court must carefully consider and balance the rights of the copyright owner and the individual seeking the compulsory license while granting license.

In Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. [5] , the Supreme Court outlined the requirements for obtaining a compulsory license under Section 31 of copyright law:

i.) the applicant must demonstrate that the owner of a published work has indeed withheld the republication of that work.

ii.) the withholding by the owner must be based on grounds that are legally considered “unreasonable.”

The Supreme Court emphasized that determining whether the owner’s grounds for not allowing republication are reasonable requires a full hearing. These reasons go beyond just monetary consideration and can include concerns about personal safety. The Court also made it clear that granting a compulsory license during ongoing Section 31 proceedings would be premature, especially if the owner has valid non-monetary reasons for withholding republication. Therefore, a compulsory license should only be granted after the court finishes the proceedings and makes a final decision, not as an interim order.

ii.) COMPULSORY LICENSE IN PUBLISHED OR UNPUBLISHED WORK [SECTION 31A]

Section 31A deals with compulsory licenses for works created by Indian citizens who either pass away or become untraceable before publication. In such a case, anyone can apply to the Commercial Court for a license to publish or translate such works. But before applying, the applicant must advertise their proposal in an English newspaper, and, if the application pertains to the publication of a translation in a specific language, the applicant must also announce the proposal in that particular language. Once the application, along with a copy of the advertisement, is submitted to the Commercial Court, a prescribed inquiry is conducted, and if approved, the registrar of copyright may grant a license. The Registrar can require the applicant to deposit royalties in a specified account as determined by the Commercial Court. This provision ensures that the copyright owner, their heirs, executors, or legal representatives, can claim this royalty at any time.

iii.) COMPULSORY LICENSE TO BENEFIT DISABLED [SECTION 31B]

Section 31B was introduced into the Copyright Act, 1957, by the Copyright (Amendment) Act, 2012, serves the purpose of expeditiously granting compulsory licenses for the benefit of disabled individuals.

Section 31B allows anyone, including profit-oriented entities or those serving individuals with disabilities, to apply for a compulsory license to publish a copyrighted work for the benefit of disabled individuals. The application goes to the Commercial Court with a prescribed fee, which must resolve it within two months. The Commercial Court may verify the applicant’s credentials and the application’s legitimacy. If a compulsory license is deemed necessary after hearings and inquires, the Registrar of Copyright can grant it, specifying format, duration, copy limits, and royalties. The court can extend the license and permit more copies, considering copyright owners’ rights.

3) STATUTORY LICENSE [SECTION 31C – 31D]

i.) FOR COVER VERSION [SECTION 31C]

A “cover version” refers to a new recording or performance of a previously existing song, typically done by a different artist or group than the original. And according to Section 31C, a “cover version” in this section must be created in accordance with the provisions outlined in this section.

Section 31C permits the making of a cover version in the form of a sound recording for a literary, dramatic, or musical work, and sound recordings of that work have been previously made with the permission of the copyright owner, but they have to do so under the conditions outlined in this section:

a. the medium of this new sound recording should match that of the most recent recording.

b. the person making the cover version must provide advance notice of their intent and follow the prescribed guidelines.

c. they have to make advance payments of royalties to the copyright owner of each work, as determined by the Commercial Court.

d. the packaging of sound recordings should clearly state that they are cover versions.

e. no alterations to the work are allowed unless they have been previously approved by the copyright owner or are technically necessary for creating the sound recordings.

f. sound recordings cannot be made until five calendar years have passed since the first recording of the work.

g. One royalty must be paid for a minimum fifty thousand copies of each work during each calendar year in which such copies are made.

h. Records and accounts about these sound recordings, including existing stock details, must be maintained as prescribed.

ii.) FOR BROADCASTING LITERARY AND MUSICAL WORKS AND SOUND RECORDINGS [SECTION 31D]

A literary and musical work and a sound recording that has already been published can be publicly broadcast or performed by any other broadcast organization if they desire, but subject to the conditions outlined in the section 31D:

a. The organization has to provide prior notice regarding its intent to broadcast the work, and it should include details such as the duration and territorial coverage of the broadcast.

b. Additionally, they have to pay royalties to the copyright owners of each work at rates that are determined by the Commercial Court.

c. The Commercial Court is responsible for establishing separate rates of royalties for the radio broadcasting and television broadcasting.

d. The Commercial Court has the authority to request that the broadcasting organization to make advance payments to the copyright owners.

e. Unless the broadcasting organization is delivering the work through performance, it must announce the names of the authors and principal performers during the broadcast.

f. There should be no substantial alterations to a work unless it is technically necessary for broadcasting.

g. The organization is required to maintain records and financial accounts and provide reports to copyright owners.

BENEFITS OF COPYRIGHT LICENSING

Flexible Use: Licensing allows the copyright owner to grant specific permissions while retaining ownership, offering flexibility in usage.
Revenue Generation: Owners can earn money by charging license fees or royalties for the use of their work.
Market Expansion: Licensing opens doors to new markets and audiences, expanding the reach of the work.
Preservation of Rights: Owners maintain control, specifying how their work is used and safeguarding their reputation.
Risk Mitigation: License agreements outline responsibilities and liabilities, reducing the potential for disputes.

In conclusion, copyright laws in India are the cornerstone of intellectual property protection. They grant creators and authors exclusive rights to their original works, ensuring that their creative efforts are rewarded and safeguarded. Understanding the intricacies of copyright terms, assignments, and licensing is crucial in today’s landscape, benefiting creators, businesses, and the public.

The Copyright Act meticulously outlines the terms of copyright protection for various categories of creative works, ensuring that the rights of authors and their legal heirs are upheld. Additionally, it sets clear guidelines for copyright assignment, enabling creators to transfer their rights while maintaining ownership of their work. Licensing, on the other hand, allows copyright holders to share their creations under specific conditions, benefiting both creators and those seeking to use copyrighted content.

Furthermore, the Act includes provisions for compulsory licenses in cases where copyright owners unreasonably withhold their works from the public. This ensures that creativity and access to knowledge are not hindered by overly restrictive copyright practices.

In a rapidly evolving digital age where the sharing of creative works is commonplace, copyright laws play a pivotal role in balancing the interests of creators, businesses, and the general public. These laws provide a legal framework that fosters innovation, creativity, and the responsible use of intellectual property.

The Copyright Act, 1957.
Meenu Paul, INTELLECTUAL PROPERTY LAWS 32, (Allahabad Law Agency, Law Publishers, Faridabad Haryana 2022).
Muskaan Mathur, Assignment and Licensing of Copyrights under Copyrights Act, LAW BHOOMI, https://lawbhoomi.com/assignment-and-licensing-of-copyrights-under-copyrights-act/#_ftnref3.
R Shakthivel, Copyright Assignment and Licensing , LEGAL BITES, https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing-949625.
Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63.
Video Master v. Nishi Production, 23 IPLR 388 (1998).
Saregama India Ltd v. Suresh Jindal, 2007 (34) PTC 522 (Cal).
Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.
Super Cassettes Industries Ltd. V. Music Broadcast Pvt. Ltd., 2012 (5) SCC 488.

[1] Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63.

[2] Video Master v. Nishi Production, 23 IPLR 388 (1998).

[3] Saregama India Ltd v. Suresh Jindal, 2007 (34) PTC 522 (Cal).

[4] Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.

[5] Super Cassettes Industries Ltd. V. Music Broadcast Pvt. Ltd., 2012 (5) SCC 488.

Intellectual Property Rights

Issues in digital copyright.

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BRIEF INTRODUCTION RELATED TO INTERNATIONAL TREATIES AND CONVENTIONS UNDER PATENT LAW

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CRITERIA FOR PATENTS, PATENTABLE & NON-PATENTABLE INVENTIONS

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Twinkle Madaan

Assignment And Licensing Of Copyrights

Coverage of this Article

Key takeaways.

-The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.

Introduction

-Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution.

Assignment of Copyrights (Section 18)

-The owner of a work's copyright has the ability to assign his copyright to anyone else.

Mode of Assignment (Section 19)

-According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative.

Disputes with Respect to Assignment of Copyright (Section 19a)

-According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

Assignment by Operation of Law (Section 20)

-If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate.

Licensing of Copyright

-The owner of a copyright may give a license to perform any of the acts over which he has sole authority.

Section 18 of the Copyrights Act defines a: Voluntary Licence

-The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.

Compulsory license

-Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish.

Statutory license

-Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior

-The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment.
In the event of a dispute over the assignment of copyright, the Appellate Board may issue a proper order after receiving a complaint from the aggrieved party and conducting any investigation it deems necessary, including an order for the recovery of any royalties due.
The owner of the copyright may also give a license to perform any of the acts over which he has sole authority.

Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution. The purpose of copyright has always been to safeguard a creator's interests while also disseminating knowledge. Though this protection began with the acknowledgment of authors' rights in their writings, contemporary technology has fundamentally altered the nature of work and the means by which it is exploited. An owner's economic rights allow him to profit financially from his intellectual contributions.

Different rights are recognized depending on the nature of the work, according to Section 14 of the Copyright Act of 1957. According to this provision, the owner has the exclusive authority to perform or authorize the performance of the activities listed.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. The mere grant of the right to publish and sell the copyrighted work, on the other hand, is a grant of publishing rights rather than a copyright assignment.
When an assignee of copyright becomes entitled to any of the copyright's rights, he is treated as the copyright's owner in respect of those rights. In the case of unassigned rights, the assignor is also considered the copyright owner. If the assignee dies before the task is completed, the legal representatives of the assignee are entitled to the assignment benefits.
In Video Master v. Nishi Production, the Bombay High Court reviewed whether a video rights assignment would include the right to broadcast through satellite as well. The Court agreed with the defendant's assertions that there were various channels of public communication, including terrestrial television transmission (Doordarshan), satellite broadcasting, and video television. In all of those modalities, the film's owner owned distinct copyright, which he might assign to multiple people.
As a result, the satellite broadcast copyright of a film was a separate right of the film's owner, and the plaintiff's video copyright did not include it.
According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative. The assignment of a copyright in a work should identify the work and specify the type of rights given, as well as the assignment's duration and territorial scope. It should also include the amount of royalty payable, if any, to the author or his legal heirs during the time of the assignment, as well as the fact that the assignment may be revised, extended, or terminated on mutually agreed-upon terms.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment. If the territorial scope of the assignment is not specified, it will be interpreted to apply to the entire country of India.
Section 19(8) also states that copyright work assigned in violation of the terms and conditions under which rights have been assigned to a particular copyright organization where the author of the work is a member is void.
In addition, Sections 19(9) and 19(10) state that the assignment of copyright for the purpose of making a cinematograph film or sound recording does not affect the author's entitlement to an equal part of the royalties and consideration due for the use of his protected work.
It was held in Saregama India Ltd v. Suresh Jindal that the owner of the copyright in a future work may assign the copyright to any person for the whole or part of the copyright and that once the assignment is made, the assignee is treated as the owner of the copyright for the purposes of this Act.
According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate. Section 20 states that if a person is entitled to copyright under bequest and the work has not been published before the testator's death unless the testator's will or any codicil thereto expressly states otherwise, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

The owner of a copyright may give a license to perform any of the acts over which he has sole authority. The following are the different types of licenses:

The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.
The owner of the copyright in a work may give any interest in his copyright to any person by license in writing, which must be signed by him or his duly authorized representative, according to Section 30 of the Copyright Act 1957.
A license can be issued not only for existing work but also for future work; in this case, the assignment will take effect when the future work is completed. If there is no stipulation to the contrary, a licensee of the copyright in a future work who dies before that work comes into existence will be entitled to the benefit of the license.
The license mode is similar to an assignment deed, with section 19 providing the appropriate changes and alterations (section 30A). As a result, just like an assignment, a licensing deed for a work should include the following information:
Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination
Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish. Compulsory licenses, when viewed in this light, are less of a violation of owner sovereignty on both grounds.
The owner does maintain some liberty in terms of entering into proper licensing agreements with those he sees fit, and he is also allowed to negotiate the terms of the license within reason.
A compulsory license is usually triggered by an unjustified refusal to deal with a person.
This takes us to the third key difference between a mandatory and statutory license. The former is always granted after an individual makes a specific request to the appropriate authority.
The latter, on the other hand, is the authority's broad setting of royalty rates and the issuance of standardized licenses to all those who wish to use them. As a necessary corollary, the owner has no control over the identities of persons who receive the license or the amount of royalties they pay.
Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior. Once the work fits into the broader class of works that can be licensed in this way, it tries a wholesale expropriation of owner autonomy.
Cover version recording licenses (Section 31C) and broadcasting licenses are the two types of statutory licenses (Section 31D).
The first has existed since the beginning, however as part of the fair dealing exceptions in Section 52. The second is a relatively new addition to the Act, as it was amended in 2012.

The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment. In general, unless otherwise stated, the assignee becomes the owner of the assigned work, but in the event of a license, the licensee merely receives the right to exercise specific rights.

An assignment might be broad, i.e. without restrictions, or specific, i.e. with restrictions. It could be for the entire copyright term or just a portion of it. As stipulated by Section 14 of the Act, an assignment transfers an interest in and deals with copyright, whereas a license does not convey the copyright but merely offers permission to do something that would be illegal otherwise. An assignment grants copyright ownership, but a license just allows the licensee to do specified things. The assignee who has been given the copyright title may reassign it.

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[law notes] indian copyrights act, 1957 with case laws| ipr by anubha mathur.

INTRODUCTION

Copyright is a bundle of exclusive rights given by the law to the creators of original works. It is a form of intellectual property protection granted by law. The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of the work.

Copyright laws serve to create property rights for certain kinds of intellectual property, generally called works of authorship. Copyright laws protect the legal rights of the creator of an ‘original work’ by preventing others from reproducing the work in any other way.

The main goals of copyright are: -

To encourage the development of culture, science and innovation
To provide a financial benefit to copyright holders for their works
To facilitate access to knowledge and entertainment for the public.

Copyright provides a framework for relationships between the different players in the content industries, as well as for relationships between rights holders and the consumers of content. Copyright is a form of Intellectual Property, along with trademarks and patents in all countries, and other creations (such as trade secrets, database rights, rights of publicity and the like) that may vary from country to country.

BRIEF INTRODUCTION TO RELATED INTERNATIONAL TREATIES AND CONVENTIONS

Indian copyright law is at parity with the international standards as contained in TRIPS. The (Indian) Copyright Act, 1957, pursuant to the amendments in 1999, 2002, and 2012, fully reflects the Berne Convention for Protection of Literary and Artistic Works, 1886, and the Universal Copyrights Convention, to which India is a party. India is also a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is an active member of the World Intellectual Property Organization (WIPO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).

International copyright treaties

Several international treaties encourage reasonably coherent protection of copyright from country to country. They set minimum standards of protection which each signatory country then implements within the bounds of its own copyright law.

Berne Convention, 1886

Berne convention was the first and oldest multilateral convention on copyright that was for the protection of literary and artistic work which was adopted in 1886.

Initially, 10 nations were part of this convention and today 152 nations out of 190 are part of it. This convention made a union for the protection of the rights of the authors in their literary and artistic work.

The Berne Convention provides that, at a minimum, copyright protection in all signatory countries should extend to “literary and artistic works”, including “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression.”

The Berne Convention contributed some major concerns to the copyright laws: -

The work originating in one signatory nation of the Berne Convention to be protected in the same manner in other nations too.

The automatic protection was granted to the author’s work and was not subjected to any registration deposition fees or any formal notice in connection with the publication. This means that the copyright exists as soon as the work is “FIXED” i.e. recorded in any form.

If any dispute arises in the nation of origin, then the dispute can be filed in either of both nations.

It described the types of works protected, duration of protection, scope of exceptions and Limitations of copyright.

Principles such as “national treatment” (works originating in one signatory country are given the same protection in the other signatory countries as each grants to works of its own nationals)

Principles such as “ automatic protection ” (copyright inheres automatically in a qualifying work upon its fixation in a tangible medium and without any required prior formality).

WIPO Copyright Treaty

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention that deals with the protection of works and the rights of their authors in the digital environment. In addition to the rights recognized by the Berne Convention, they are granted certain economic rights. The Treaty also deals with two subject matters to be protected by copyright:

Computer programs, whatever the mode or form of their expression; and

Compilations of data or other material ("databases").

The treaty was signed in 1996 and also recognizes that the transmission of works over the Internet and similar networks is an exclusive right within the scope of copyright, originally held by the creator.

It categorizes as copyright infringement both: -

The circumvention of technological protection measures attached to works
The removal from a work of embedded rights management information.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

The Agreement on Trade Related Intellectual Property Rights (TRIPs) is comprehensive in giving cover to all areas of technology, property, patents, trademarks, copyrights and so on.

The TRIPs encourages upon the member country’s sovereign right to frame its own legislation on intellectual property matters. This clause has been included on account of persistent demand from developed and industrialized countries.

The TRIPs Agreement covers seven categories of intellectual property rights:

Geographical Indications
Industrial Designs
Integrated Circuits
Trade Secrets

It was signed in 1996 and administered by the world trade organization. This agreement includes a number of provisions related to the enforcement of Intellectual Property rights. It says that national laws have to make the effective enforcement of Intellectual Property rights possible , and describes in detail how enforcement should be addressed.

INDIAN COPYRIGHTS ACT, 1957

Copyright law protects expressions of ideas rather than the ideas themselves. It protects original works of ownership. It gives an exclusive right to do or authorize others to do certain acts in relation to literary, dramatic, musical, and artistic works, cinematography, and sound recordings. Computer programs are also included in literary works. Authors of Computer programs, and broadcasting organizations are to be given the right to authorize or prohibit the commercial rental of their works to the public. These similar exclusive rights also apply to the films.

The Copyright Act, 1957, along with the Copyright Rules, 1958 , is the governing law for copyright protection in India. After independence, the Indian Copyright Act was the first law which was enacted from the provisions of the Berne Convention.

Objectives:

The Indian Copyright Act, 1957 is enacted with the following two main objectives:

Encouragement to the Original Work:

The main objective of the Copyright Act is to encourage authors, composers, artists, and designers to create original works by rewarding them with the exclusive right for a limited period (usually for the life of the originator plus 50 years) to exploit the work for monetary gain.

The economic exploitation is done by licensing such exclusive rights to the entrepreneurs like publishers, film producers and record manufacturers for monetary consideration. In reality, people who economically exploit the copyright are the greater beneficiaries of the copyright law than the creators of works of copyright. The publishers and authors of books are such examples.

Protection to the Originator:

The objective of copyright law is also, in essence, to protect the author or the creator of the original work from the unauthorized reproduction or exploitation of his/her materials. The right also extends to prevent others from exercising without authority any other form of right attached to copyright, for example, in the case of literary work, the right of translation, adaptation or abridgment.

In recent times, with the rapid advance of technology, copyright infringement in the form of ‘piracy’ has become a serious problem of an international character. This is because technological progress has made the reproduction of copyrighted material easy and cheap.

Accordingly, Indian copyright owners can protect their copyright in almost any country in the world. The appropriate actions taken under the Copyright Act 1957 can stop the infringement of copyright. Infringement of copyright is also an offense punishable with imprisonment and fine.

DEVELOPMENT OF COPYRIGHT LAWS IN INDIA

The Indian Copyright law was developed in 3 phases:

Early Phase: - In 1911, the earliest statutory law on copyright was made under the administration of British rule. The provisions of the Berne convention were followed. During that phase, the term of copyright was for the lifetime of the author plus 7 years after his death and the government could grant a compulsory license to publish a book. The registration was also made necessary in 1914.

Modern Phase: - Copyright Act of 1911 was again amended in 1914 and it was also called modern copyright legislation. For the very first time criminal sanction was introduced in act for infringement of copyright. The term of the copyright was fixed for 10 years from the date of its first publication. This act remained applicable until replaced by Copyright Act, 1957.

1957 Phase: - The Act was enacted after the independence of the nation from British rule. It was the first enactment of intellectual property laws. It came into force on 21 st January 1958. Major provisions of act were adopted by the Berne convention of protection of literary and artistic work, 1886.

This act is amended 6 times till now to align with rapid changes in society and provisions of international treaties i.e. Berne Convention, UCC, TRIPs Agreement.

SUBJECT MATTER OF COPYRIGHT, ECONOMICS AND MORAL RIGHTS

Modern copyright laws serve to protect a variety of intellectual property ranging from songs and jingles to computer software and proprietary databases. All subject matters protected by copyright are called ‘works’. Thus according to Section 13 of The Copyright Act 1957, it may be subjected to the following works:

Clause (a) of this Section 13 provides the definition of original work whereas clause (b) and (c) provides secondary works.

Primary Works

Original Literary Work,

Original Dramatic work,

Original Musical work,

Original Artistic Work,

Secondary Works

Cinematography films, and

Sound recordings.

Section 2(o) of the Copyright Act, 1957 provides an inclusive definition of word literary works according to which the literary work includes computer programming, tablets, and compilations including computer database. These cover published works including books, articles, journals, and periodicals, as well as manuscripts. Even adaptations, translations, and abridgements are taken as original works and are protected under copyright law. Section 13(a) classify literary works in the primary work.

Case: Zee Telefilms v. Sundial Communications

Facts: A had prepared concept notes for the purpose of television film which consists of characters, plots, notes and sketches etc.

Issues: Whether A is entitled to the copyright of those concept notes?

Held: Yes, since A invests labour and skill in preparing the concept paper. Such a person is entitled to copyright.

Case: Macmillan & Co. v. K.J Cooper

Facts: Plaintiff’s book consisted of selected passages from Plutarch’s life of Alexander the Great, joined together by a few words to give a different appearance. The book also contained an introduction and notes useful for education. A similar book was published by the defendants with notes. The original work contained 40,000 words while the defendants had copied 20,000 words and 7000 words in notes.

Issue: Whether the defendants work infringed the copyright in the plaintiff’s works?

Held: Defendants work infringed the copyright

Original Dramatic Works:

According to section 2(h) of the Copyright Act, 1957, the dramatic work includes any piece for recitation, choreographic work or entertainment in dumb shows, the scenic arrangement or acting form which is fixed in writing or otherwise but does not include a cinematographic film. Since the definition is an inclusive one, the other things fall within the general meaning of dramatic work, and may also be covered by the definition.

Case: Academy of General Education Manipal v. Malini Mallya

The court shows a clear difference between literary and dramatic work. The difference between the two rests on the fact that literary work allows itself to be read while a dramatic work “forms the text upon which the performance of the plays rests.” A dance performance will not be covered under copyright work but under dramatic work.

Case: Creation Records v. New Group Newspaper

Held: It was held that a photograph that involves no movement or action cannot be treated as dramatic work. Copyright of Dramatic work can in form of:

Adaption of Dramatic work:- Adaptation work means the modification of that work in some other form.

Original Musical Works:

According to section 2(p) of the Copyright Act, 1957, musical work means any work consisting of music and includes any graphical notion of such work, but does not include any words or any action intended to be sung, spoken or performed with the music. The words in a song and the music have separate rights and the rights cannot be merged. In order to qualify for copyright protection, a musical work must be original.

Example:- Famous song “Yaaram” which is written by Gulzar and composed by Vishal Bharadwaj. The copyright of the lyrics will belong to Gulzar and the musical composition will be of the composer Vishal Bharadwaj.

Original Artistic Works:

According to the section 2(c) of the Copyright Act, 1957, the artistic work includes any painting, sculpture, drawing, engraving photograph of any work possessing artistic qualities. However, it also includes the architecture and artistic craftsmanship of such works.

Case: Associated publishers vs Bashyam

Facts: A portrait of Mahatma Gandhi was made based on two photographs.

Held: A portrait based on photographs will be entitled to copyright if it produced a result from the photograph and the portrait itself is original.

Example: A photographer took a photograph of a painting of MF Hussain, then paints the same himself and sells such copies painted by him.

Held: A copyright in a painting is infringed when a person copies from the original painting or a picture of painting.

Cinematographic Films

Section 2(f) of the Copyright Act, 1957 defines cinematographic films which include any work of visual recording and a sound recording accompanying such visual recording and the expression cinematograph shall be construed as including any work produced by any process analogous to cinematographic including video films. It is classified into secondary works as suggested in clause (b) of section 13 of the act.

Case: R.G. Anand vs Delux Films

Facts: Plaintiff was a producer and play writer of play ‘Hum Hindustani’. The plaintiff tried to consider the possibility of filming and narrated the play to the defendant. The defendant, without informing the plaintiff, made the picture ‘New Delhi’ which was alleged to be based on the said play.

Issue: Whether the film ‘New Delhi’ was an infringement of the plaintiff’s copyright in play ‘Hum Hindustani’?

Held: No, because the stories were different, only the theme “love story” was same.

Case: Balwinder Singh vs Delhi Administration

Held: The concept of cinematograph is not only limited to movies being played in theater it also covers videos and television, they both fall under the preview of cinematograph film.

Level of Originality:

A television report or documentary may be based upon a live incident or a newspaper report, thus the act does not prescribe any specified level of originality in the cinematographic film.

Sound Recordings:

According to section 2(xx) of The Copyright Act, 1957 , sound recording suggests that a recording of sounds from which that sound may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. Clause (c) of section 13 of the act state sound recordings as a by-product works.

Case: Gramophone Co. India v. Super Cassette Industries

Facts: ‘G.co’, Plaintiff, produced audio records titled ‘Hum Aapke Hain Kaun’ by Rajashree production ltd, who were the owners of cinematographic work. They had already sold 55 lakhs audio cassettes and 40,000 compact discs titled ‘Hum Aapke Hain Kaun’. The defendants too launched an audio cassette by adopting the same title with its design, color scheme, get up and layout deceptively similar. Permanent Injunction was sought.

Held: Injunction varied by stipulating not to use the same title, design colour scheme etc with bold letters the record is a version of different artists.

RIGHTS OF THE COPYRIGHT HOLDER

In the Copyright Act, 1957, the owner possesses the rights which are to prevent others from using his works in certain ways and to claim compensation for the usurpation of that right. In this Act, there are two types of rights given to the owner:

Economical rights;
Moral rights.

Economic rights

This right is also known as the Exclusive Rights of the copyright holder provided under Section 14 of the Act. In this Act different types of work come with different types of rights. Such as:

In the case of original literary, musical, and dramatic work:

Right to reproduce;
Right to issue copies;
Right to perform at public;
Right to make cinematography and sound recording;
Right to make any translation;
Right to adaptation; and
Right to do any other activities related to the translation or adaptation.

In the case, of computer program work:

Right to do any act aforesaid mentioned; and
Right to sell, rent, offer for sale of the copyrighted work.

In the case of artistic work:

Right to communicate;
Right to make any cinematography and sound recording;
Right to make an adaptation; and
Right to do any other activities related to the translation or adaptation.

In case of a cinematograph film work:

Right to sell, rent, offer for sale of the copyrighted work; and
Right to communicate.

In the case of a sound recording work:

Right to issue copies; and

Moral rights

In addition to the protection of economic rights, the Copyright Act, 1957 conjointly protects ethical rights, that is due to the actual fact that a literary or inventive work reflects the temperament of the creator, just as much as the economic rights reflect the author’s need to keep the body and the soul of his work out from commercial exploitation and infringement. These rights are supported by Article 6 of the Berne Convention of 1886, formally referred to as a world convention for the protection of literary and inventive works, whose core provision relies on the principle of national treatment, i.e. treats the opposite good as one’s own.

Section 57 of The Copyright Act, of 1957 recognizes two types of moral rights which are:

Right to paternity – which incorporates the right to assert the authorship of the work, and the right to forestall others from claiming authorship of his work; and
Right to integrity- which incorporates the right to restrain, or claim damages in respect of any distortion, modification, mutilation, or any other act relating to the said work if such distortion, multiplication, or alternative act would be prejudiced to claimant honor or name.

AUTHORSHIP AND OWNERSHIP IN COPYRIGHT

Section 17 of this Act recognizes the author as the first owner, which states that subject to the provision of this Act, the author of a work shall be the first owner of the copyright therein:

In the case of literary or dramatic composition, the author,
In the case of musical work, the musician,
In the case of creative work apart from photography, the artist,
In the case of photographic work, the artist,
In the case of cinematographic or recording work, the producer,
In case of any work generated by any computer virus, the one who created it.

However, this provision provided to bound exception:

In case of creation is made by the author underemployment of the proprietor of any newspaper, magazine or any periodic, the said proprietor,
In the case where a photograph is taken, painting or portrait is drawn, a cinematograph is made for the valuable consideration of any person, such person,
In case of work done in the course of the author’s employment under the contract of service, such employer,
In case of address or speech delivered on behalf of another person in public, such person,
In the case of government works, the government,
In the case of work done under the direction and control of public undertaking such public undertaking, such and
In the case of work done in which the provision of Section 41 apply, concerned international organizations.

ASSIGNMENT OF COPYRIGHT

The owner of the copyright can generate wealth not only by exploiting it but also by sharing it with others for mutual benefit. This can be done by the way of assignment and licensing of copyright.

Only the owner of the copyright has the right to assign his existing or future copyrighted work either wholly or partly and as a result of such assignment the assignee becomes entitled to all the rights related to copyright to the assigned work, and he shall be treated as the owner of the copyright in respect of those rights.

Mode of the assignment agreement

As per Section 19 , these conditions are necessary for a valid assignment:

It should be in writing and signed;
It should specify the kinds of rights assigned and the duration or territorial extent; and
It should specify the amount of royalty payable if required in any case.

It is also provided that, if the period is not mentioned in the agreement it will be considered as five years and if the territorial extent is not stipulated in the agreement, it will be considered as applicable to the whole of India.

Disputes related to the assignment of copyright

According to the Copyright Act, 1957, the appellant board where the receipt of the complaint by the assignor and after holding necessary inquiry finds that the assignee has failed to make the exercise of the rights assigned to him, and such failure is attributed to any act or omission of the assignor, may by suitable order, revoke such assignment. However, if the dispute arises with respect to the assignment of any copyright then that appellate board may also order the recovery of any royalty payable.

Operation of law in assignment

According to The Copyright Act, 1957, where under a bequest a person is entitled to the manuscript of any literary, dramatic or any other kind of work and such work has not been published before the death of the testator, unless the contrary is proved such person shall be treated as the owner for such work.

INFRINGEMENT AND REMEDIES

Where a person intentionally or unintentionally infringes the rights of the copyright holder, the holder may be subject to the following remedies available under this Act.

Civil remedies

These remedies are given under Section 55 of the Copyright Act, 1957 which are:

Interlocutory injunction

This is the most important remedy against the copyright infringement, it means a judicial process by which one who is threatening to invade or has invaded the legal or equitable rights of another is restrained from commencing or continuing such act, or is commanded to restore matters to the position in which they stood previous to the relation. Thus for granting the interlocutory injunction, the following three factors are considered as necessary:

Prima facie case , an assumption of the court that the plaintiff can succeed in the case and become eligible for relief.
Balance of convenience , in it the court will determine which parties suffer the greater harm, this determination can vary with the facts of each case.
Irreparable injury, it is difficult to decide and determine on a case by case basis. Some examples of it include- loss of goodwill or irrevocable damages to reputation, loss of market share.

Mareva injunction

This is a particular form of the interlocutory injunction which restrains the defendant from disposing of assets that may be required to satisfy the plaintiff’s claim or for removing them from the jurisdiction of the Court.

Anton Piller order

This order is passed to take into possession the infringed documents, copies and other relevant material of the defendant, by the solicitor of the plaintiff. This order is named after the famous case of Anton Piller KG v/s Manufacturing Process Ltd, 1976 . In this case, the plaintiff Antone Piller, the German manufacturer is successful in passing ex-parte awards of restraining the use of his copyrighted products against the defendant.

John Deo’s order

In this order, the Court has the power to injunct rather than those impeded in the suit, who may be found violating the rights in the field of copyright. Thus this order is issued against the unknown person, who has allegedly committed some wrong, but whose identities cannot entertain the plaintiff.

Pecuniary remedies

There are three types of pecuniary remedies provided:

An account of profit, which lets the owner seek the sum of money made, equal to the profit made through unlawful conduct.

Compensatory damages, which let the copyright owner seek the damages he suffered.

Conversational damages, which are assessed to the value of the article.

Criminal remedies

For infringement of copyright, the criminal remedies provided under Section 63 :

Imprisonment, not less than 6 months which may extend up to 3 years;

Fine may not be less than 50,000 which may extend up to 2,00,000;

Search and seizure of copyrighted goods; and

Delivery of copyrighted goods to the copyrighted owner.

In the case of repeat offenders, the minimum punishment terms of 1 year and a fine of 1 lakh however, the highest punishment will be the same as the first-time offender.

This act shall not constitute copyright infringement in cases of:

Fair Dealing

Fair dealing is the statutory limitation on the exclusive right of the copyright owner which permits the reproduction or use of copyrighted work in a manner that otherwise would have constituted infringement. This law is given under Section 52 of the Copyright Act, 1957 according to which the free uses can be made for any work except computer programs for the purposes:

For private and personal use including research,
For criticism and review,
For reporting of current events or issues including lectures in public,
For broadcasting in cinematographic films or by posting photographs,
For reproduction and reporting of any judicial proceeding,
For reproduction, or publication of any kind of work prepared by the secretariat of a legislature,
For reproduction of any kind of work in a certified copy made or supplied accordance with any law,
For reading and recitation of any literary or dramatic work in the public domain,
For publication of any non-copyright matter bona fide intended for the use of educational institutes, and
For recording any sound by the owner of the right in the work.

INTERNATIONAL COPYRIGHT ORDERS

Chapter IX of the Indian Copyright Act, 1957 describes the provisions of international copyright. Section 40 states the powers to extend copyright to foreign works and section 42 governs the provisions as to works of certain international organizations.

The power to extend copyright to foreign works is as follows -

The Central Government may, by order published in the Official Gazette, direct that all or any provisions of this Act, shall apply.

(a) To publish work first within the territory of India and then outside

(b) To unpublished works, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India.

(c) In respect of domicile in any territory outside India to which the order relates in like manner as if such domicile were in India

(d) To any work of which the author was at the date of the first publication thereof, or, in the case where the author was dead at the date, was at the time of his death, a subject or citizens of a foreign country to which the order relates in like manner as if the author was a citizen of India at that date or time.

According to section 42 of the act, it provides power to restrict rights in works of foreign authors first published in India – If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to the works of Indian authors, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer copyright on works first published after the date specified in the order, the authors whereof are subjects or citizens of a such foreign country and are not domiciled in India, and thereupon those provisions shall not apply to such works.

ISSUES IN DIGITAL COPYRIGHTS

Digital Right Management includes techniques which have been developed to control duplication, modification and distribution of original works. The authors or the creators of the original works contend that DRM techniques are necessary in order to protect their interest by preventing free and unauthorized copying and distribution of their work.

However there are few who support the view that DRM techniques pose unnecessary hurdles for the public and impede the way of innovation and creativity by not letting others from being motivated by the original work of others.

PROVISIONS UNDER INDIAN COPYRIGHT LAW

Many techniques have been developed to protect the original work like digital watermarking, access and copy controls etc. However, despite the fact that these techniques have been incorporated in the legislation, regulation and protection of original works in the digital environment remains a goal that is yet to be achieved. It is very important that ideas should be available to the general public so that the flow of creativity must not be blocked. However, creators and authors must always be incentivized for their efforts. Hence the interest of both must be kept in mind while enacting and implementing DRM techniques.

Strengthening of Border Measures

Section 53, dealing with the importation of infringing copies, has been substituted with a new section providing detailed border measures to strengthen the enforcement of rights by making provisions to control the import of infringing copies by the Customs Department, disposal of infringing copies and presumption of authorship under civil remedies.

Protection of Technological Measures

The new section 65A, introduced for protection of technological protection measures (TPM) used by a copyright owner to protect his rights on the work, makes circumvention of it a criminal offense punishable with imprisonment.

As a result, any person who circumvents an effective technological measure applied for the protection of any of the rights, with the intention of infringing such rights, shall be punishable with imprisonment, which may extend to two years, and shall also be liable to fine. The rationale is to prevent the possibility of high-rate infringement (digital piracy) in digital media.

This amendment also clarifies the problem of circumvention impacting the public interest on access to work facilitated by copyright laws. Sub-section (2) permits circumvention for specified uses.

Digital Rights Management Information

Section 65B has been introduced to provide protection of rights management information, which has been defined under clause (xa) of section 2.

This amendment is intended to prevent the removal of the rights management information without authority and distributing any work, fixed performance or phonogram, after removal of rights management information. As a result, any unauthorized and intentional removal or alteration of any rights management information is a criminal offence punishable with imprisonment, which may extend to two years and fine. The rationale of the protection emanates from the practice in the digital world of managing the rights through online contracts governing the terms and conditions of use.

The protection of technological measures and rights management information were introduced in WCT and WPPT as effective measures to prevent the infringement of copyright in digital environments. The introduction of Sections 65A and 65B is expected to help the film, music and publishing industry in fighting piracy.

About the Author: This Law Notes is prepared by Ms. Anubha Mathur, law student at Amity University, Noida and was an intern at MyLawman. She can be reached at [email protected].

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The Copyright Act, 1957

The Copyright Act was based on the Copyright Act of 1914, framed by the British during the Colonial rule and also borrowed extensively from the 1956 Copyright Act of the United Kingdom.

THE COPYRIGHT ACT, 1957

No. 14 of 1957

ARRANGEMENT OF SECTIONS

Preliminary

Short title, extent and commencement.
Interpretation.
Meaning of publication.
When work not deemed to be published or performed in public.
When work deemed to be first published in India.
Certain disputes to be decided by Copyright Board.
Nationality of author where the making of unpublished work is extended over considerable period.

Copyright Office.
Registrar and Deputy Registrars of Copyrights.
Copyright Board.

CHAPTER III

Works in which copyright subsists.
Meaning of copyright.
Special provision regarding copyright in designs registered or capable of being registered under the Indian Patents and Designs Act, 1911.

Ownership of copyright and the rights of the owner

First owner of copyright.
Assignment of copyright.
Mode of assignment.
Transmission of copyright in manuscript by testamentary disposition.

Term of copyright

Term of copyright in published literary, dramatic, musical and artistic works.
Term of copyright in anonymous and pseudonymous works.
Term of copyright in posthumous work.
Term of copyright in photographs.
Term of copyright in cinematograph films.
Term of copyright in records.
Term of copyright in Government works.
Licences by owners of copyright.
Compulsory licence in works withheld from public.

CHAPTER VII

Performing rights societies

Performing rights society to file statements of fees, charges and royalties.
Objections relating to published statements.
Determination of objections.

CHAPTER VIII

Rights of Broadcasting authorities

Broadcast reproduction right.
Other provisions of this Act to apply to broadcast reproduction rights.

International copyright

Power to extend copyright to foreign works.
Provisions as to works of certain international organisations.
Power to restrict rights in works of foreign authors first published in India.

Registration of copyright

Register of Copyrights.
Entries in Register of Copyrights.
Form and inspection of register.
Register of Copyrights to be prima facie evidence of particulars entered therein.
Correction of entries in the Register of Copyrights.

Infringement of copyright

When copyright infringed.
Certain acts not to be infringement of copyright.

CHAPTER XII

Civil remedies

Definition.
Civil remedies for infringement of copyright.
Protection of separate rights.
Author's special rights.
Rights of owner against persons possessing or dealing with infringing copies.
Restriction on remedies in the case of works of architecture.
Remedy in the case of groundless threat of legal proceedings.
Owner of copyright to be party to the proceeding.

CHAPTER XIII

Offence of infringement of copyright or other rights conferred by this Act.
Power of police size infringing copies.
Possession of plates for purpose of making infringing copies.
Disposal of infringing copies or plates for purpose of making infringing copies.
Penalty for making false entries in register, etc., for producing or tendering false entries.
Penalty for making false statements for the purpose of deceiving or influencing any authority or officer.
Offences by companies.

CHAPTER XIV

Appeals against certain orders of magistrate.
Appeals against orders of Registrar of Copyrights and Copyright Board.

Miscellaneous

Registrar of Copyrights and Copyright Board to possess certain powers of civil courts.
Orders for payment of money passed by Registrar of Copyrights and Copyright Board to be executable as a decree.
Protection of action taken in good faith.
Certain persons to be public servants.
Power to make rules.
Repeals, savings, and transitional provisions.

This work is the work of Government of India. Section 52(1)(q) of the Indian Copyright Act, 1957 allows for the reproduction or publication of

any matter which has been published in any Official Gazette except an Act of a Legislature;
any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the government;
any judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be.

The decision of the Supreme Court of India in " Eastern Book Company & Ors vs D.B. Modak & Anr " on 12 December, 2007 interpreted this section of the Act as making the material public domain .

This work is also in the public domain in the U.S. because it is an edict of a government , local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices . Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

Public domain Public domain false false

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Union of India - Section

Section 18 in the copyright act, 1957, 18. assignment of copyright.—.

An Overview of The Copyright Act, 1957

Introduction.

India is among the developing countries in the world. India is very lucky to have received the copyright act from its colonial rules. Prior to the copyright act of 1957, colonial India had the copyright act of 1847, which was the first copyright act. Afterward, the copyright act of 1911 was introduced, it was repealed, replaced and applied to all British colonies including India. Further, it was again modified in the year 1914 which was applicable in India until replaced by the Copyright Act,1957 by the parliament of sovereign India because of the change in the constitutional status of the country and also as there was the light of growing public awareness about rights.

In India, the Copyright Act, 1957 the rules made govern the facets of copyright, related to the right of one’s original expression and encourages to build freely upon ideas and the neighboring rights. The act was originally divided into 15 chapters with 79 sections in it. The copyright is granted and protected as per the provisions of the act and there exists no common right. Under the Constitution of India, the matter of copyright fall under Entry 49 of List -1 which is the Union List and it is a subject of the Central law. Thus, the parliament has the right to frame the law of this subject.

OVERVIEW OF COPYRIGHT ACT, 1957

Subject matter of protection.

Chapter one mainly portray the subject matter of protection of copyright because the copyright has become an international nature due to the advancement of the technology and anyone can violate the rights of others from any part of the world. As per the different subsections of section 2 of the copyright act, 1957 and judicial interpretation from time to time many matters are eligible to get the protection.

On analyzing all the classification and categorizations of the works as provided under different sub-section of section 2 of the copyright act,1957 and taking reference from the judicial views of the different high courts and the supreme court of India, the following copyrighted heads in the subsection 2 and related works will enjoy the copyright protection under the current updated amended legislation.

COPYRIGHT OFFICE

Copyright in India arises as soon as the work is ‘fixed’ in a tangible medium. The Nation adheres to the principles of ‘automatic’ protection and registration of works is not mandatory to avail the protection of copyright. The Act has established a Copyright Office 219 under the immediate control of the Registrar of Copyrights, an administrative authority who shall act under the superintendence and directions of the Central Government.

Such a facility exists at the Copyright Office at New Delhi or other regional offices where the Registrar of Copyrights, headed by the Registrar of Copyright maintained to provide registration for all types of works. There exists a set procedure for registration of a work under the Copyright Rules 1958 which has been suitably amended from time to time and registration is provided for both published and unpublished works.

COPYRIGHT BOARD

The Copyright Act of India provides dual legal machinery to the right holders for enforcing their rights. The enforcement is possible through (1) the Copyright Bard and (2) the Courts. The Act has established a quasi-judicial body called the Copyright Board entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, the grant of licenses in respect of works withheld from the public, unpublished Indian works, production and publication of translations and works for certain specified purposes. It also hears cases in other miscellaneous matters instituted before it under the Copyright Act, 1957.

The Registrar of Copyrights is to perform the secretarial functions of the Board and thus has been statutorily designated as the Secretary of the Copyright Board who is duty-bound to perform under the direction and control of the Chairman of the Copyright Board. The person to be appointed as a Chairman of the Copyright Board should be qualified to hold the office of a judge of a High Court or could be holding such position or must have held. The members as aforesaid shall be eligible for reappointment.

COPYRIGHT SOCIETY

The Copyright Society is such a legal entity that safeguards the interests of owners of the work in which copyright subsists. Chapter VII of the Copyright Act (Section 33 to 36A) deals with the Copyright Societies. The Copyright(Amendment) Act, 1994 made the working of Performing Rights Societies wider in respect of rights relating to granting licenses for the performance in India.

CIVIL REMEDIES

The owner of the copyright shall, except as otherwise provided by this Act, be entitled to civil remedies mentioned and conferred by law for the infringement of copyright. The provisions for the civil remedies in India are provided from Section 54 to 62 of the Copyright Act, 1957. Further the civil remedies under the Copyright Act are also divided into two categories: Preventive Civil Remedies and Compensatory Civil Remedies.

CRIMINAL REMEDIES

This is another kind of remedy available to the owner/holder of the copyright under the Indian Copyright Act, 1957. Sections 63 to 70 of the Copyright Act deals with the provision of criminal remedy in India. When any person knowingly infringes (a) the copyright in a work or (b) any other right conferred by the Copyright Act, (viz. broadcasting, reproduction, special rights) or knowingly to abet such infringement.

It is further added that the work of infringement shall be punishable with imprisonment for a term which may extend to three years. Along with the punishment, a fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees can also be imposed.

ADMINISTRATIVE REMEDIES

This is also known as the quasi-judicial remedy available under the Copyright law in India. The copyright owner can prevent the importation of such copies in the Indian Territory which would infringe the copyrights of a work made in India. The Registrar of Copyrights can make an order to that effect upon receipt of such application by the owner of the copyright after the inquiry. An appeal under section 72 of the Copyright Act lies to the Copyright Board against the order of the Registrar.

The Copyright act is considered an essential law of protection of one’s original work. Its main intention was to regulate the commercial monopoly and the competing interest of the concerned person.

This Article is Authored by Hirak Ray, BA. LLB. (Hons.) Student at Department of Law, University of North Bengal.

Also Read – How to Respond to A Copyright Infringement Notice?

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Assignment of Copyright – Explained With Modes and Disputes

Original work may not be reproduced, distributed, or sold by anybody other than the copyright owner without that owner’s consent. As a result, the law allows the copyright owner to assign ownership to a third party.

The term “copyright assignment” describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the “ assignor “) to a different party (the “ assignee “). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to reproduce, distribute, display, perform, or alter it.

This article discusses the concept of copyright assignment, which involves the transfer of ownership or rights in a copyrighted work from the original copyright holder (assignor) to another party (assignee). The article also explains the various aspects of copyright assignment, including its mode of assignment and disputes with respect to the assignment of copyright.

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

The owner of the current work or the potential owner of the future work may assign the copyright. It may be fully or partially allocated. Limitations may apply to all or a portion of the copyright.

Additionally, if future work is assigned, the assignment will become effective when the new work is created. In future works, “assignee” includes the assignee’s legal representative if they die before the work is created.

The court ruled in Saregama India Ltd. vs Suresh Jindal And Ors. that the copyright owner to a future work has the right to assign the copyright, in whole or in part, to a third party. This indicates that the owner may assign the copyright ownership for the entire term or only a portion.

The assignee is regarded as the legal owner of the copyright after the assignment is made, and the Copyright Act recognises all associated rights and benefits. As mentioned above, the ruling affirms that copyright ownership can be transferred by assignment, enabling people or organisations to obtain and exercise control over the rights connected to the copyrighted work.

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

Every assignment of the copyright to a work must be made in writing and be signed by the assignor or an authorised representative. Only that assignment will be accepted. Any assigned work must include all relevant information, including the assignment, length, rights, and geographic scope.

The amount of any royalties or other payments made to the author or his legal heirs during the assignment should also be specified. Any revisions, extensions, or terminations of the assignment are subject to the mutually agreed-upon terms and circumstances.

Let’s say the assignee fails to utilise the right granted during the assignment within a year of receiving it. If such a thing occurs, the assignment of those rights will be presumed to have terminated unless otherwise specified in the assignment. When the assignment time and geographical scope are not specified, they will be assumed to be five years from the date of the assignment and inside India, respectively.

The Bombay High Court considered whether the assignment of video rights included the right of satellite transmission in the case of Video Master vs Nishi Production . The court accepted the defendant’s claim that several public communication channels, such as satellite broadcasting, video TV, and terrestrial television broadcasting, each constituted a distinct copyright.

As a result, the film’s owner may transfer these rights to other people or companies. The court concluded that the video copyright granted to the plaintiff was separate from the copyright for the satellite transmission of the movie. Consequently, the satellite broadcast right was not part of the assignment.

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

After receiving a complaint from the assignor and completing an investigation, the appellate board has the authority to revoke the assignment or issue any orders it sees suitable when the assignee fails to execute the powers granted to him if such failure is not a result of any action or inaction on the part of the assignor.

If the assignor is also the author, the appellate board should hold off on issuing any revocation unless it is established that the terms of the assignment are harsh to the assignor. Additionally, no revocation may be made for five years if an assignment has been made.

The appellate board should handle copyright assignment complaints promptly and with diligence. They have a time limit of six months from the date of receiving the complaint to reach a final decision. If, for any reason, there is a delay beyond this period, the appellate board must explain the reasons for the delay. The goal is to ensure that copyright disputes are resolved promptly and transparently.

In this evolving world, copyright assignment is an unavoidable need. People are not always able to rely on themselves. The ownership of the work must be transferred to properly frame the art and realise the original piece’s full creative potential.

Furthermore, copyright assignment aids in the seamless development of the creative process when several creative minds collaborate or when a work is adapted across various media. It allows for fresh viewpoints, interpretations, and variations that could improve the original work or investigate other creative paths.

Read Next: Doctrine of Merger Under Copyright Law

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The IPThink-Tank

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Jun 27, 2021

Assignment, Transmission, And Relinquishment Of Copyright : An Overview

Signifying the objective of copyright as being the step towards safeguarding the interest of a creator alongside the dispersal of knowledge, the protection that was rendered initially with recognizing and identifying the rights of authors in their books, is with time and evolution in technology, witnessing a major change in the nature of work and its mode of exploitation. Therefore, the association of monetary benefits and copyright work introduces the aspect of economic rights. The Copyright Act, 1957 as amended in 2012, sets quite the bandwidth for creators and authors for acquiring pecuniary benefits alongside success, in the process of encouraging continuous creativity and innovation from creators in the future.

When talking of assigning copyright, it certainly bears a purpose. That is, in this process, the assignee gets the right to exploit the innovation for a stipulated time within a particular region. The assignor, on the other hand, receives a royalty. The owner of the copyright of a work is vested with the authority to assign his copyright to another person. Thereafter, the assignee of the copyright becomes entitled to any right falling within the ambit of the copyright and shall be treated as the owner of the copyright in respect of those rights. When the owner of a copyright dies, if he dies intestate then his copyright passes on to his representatives. Section 18 thereafter, also goes on to throw light upon the aspect of an owner of copyright assigning the right in an existing work as well. As per Section 18, a prospective owner, the person who is not the first owner in the future work, can assign the copyright. But, again, as laid down by the proviso of this section, the assignment can only take place after that particular work comes into existence, not before that.

But assignment directly doesn't indicate an absolute assignment. The intention of the parties associated with the nature and extent of the assignment has to be worked out from the agreement. It was seen in the case of Saregama India Ltd. vs. Suresh Jindal (2007) , that if an assignment has been made for a limited period in line with the agreement, then, one cannot contend on the basis of the assignment of copyright rendering absolute ownership for an unlimited period.

The conditions for assigning a copyright have been laid under Section 19 of the Copyright Act, 1957. It is quite significant to be aware of the fact that the assignment has to be rendered in writing and signed by the assignor or an authorized agent, otherwise, it shall not be valid. A careful reading of the agreement and straining out the intentions of the parties are quite crucial since the copyright grants are often misused by the owners.

Relinquishment of the copyright requires the author to give notice as per the set form to the Registrar of Copyrights or via public notice. The Registrar then publishes the notice in the Official Gazette or in a different way. Within 14 days from the publication of the notice in the Official Gazette shall post the notice on the official website so that it remains in the public domain for not less than 3 years. As per Section 21 (1) and (2), the relinquishment of copyright shall not affect any pre-existing rights in favour of any person on the date of the notice. Section 21 goes on to provide the owner of a work the right to relinquish all or any of the rights in a work. Relinquishment indicates the handing over of the rights in the copyrighted work, also meaning the author would no more have the rights surrendered and cannot claim ownership over it. The author can determine the rights that they want to relinquish.

https://selvams.com/india/copyrights/relinquishment-of-copyright-in-india/

https://blog.ipleaders.in/concept-assignment-copyright/

https://taxguru.in/corporate-law/assignment-copyrights.html

https://www.mondaq.com/india/copyright/854828/assignment-and-licensing-of-copyright

An overview of Copyrights Act

Reading Time - 15 minutes

by Advocate Mr. Ambransh Bhandari | May 26, 2020 | 0 comments

Copyright is a type of intellectual property protection granted under Indian law to creators of original works of authorship, such as literary works (including computer programs, tables, and compilations including computer databases that can be articulated in terms, codes, schemes or in some other way, including a machine-readable medium), dramatic, musical and creative works, cinematographic films. Copyright applies to a set of proprietary privileges retained by the copyright holder according to Section 14 of the Act. These privileges can only be exercised by the copyright owner or by any other individual duly authorized by the copyright owner in this regard. Such privileges include the right to adapt, the right to reproduce, the right to publish, the right to create copies, communicate to the public etc.

Why should copyright be protected?

Copyright provides some basic protection to writers’ interests for their works and thereby preserves and rewards creativity. Because creativity is the keystone of development, no democratic civilization can afford to neglect the basic obligation to promote the same. A society’s economic and social development depends on the creativity. Protecting the efforts of writers, artists, designers, dramatists, musicians, architects, and sound recording producers, cinematographic films, and computer software through copyright creates an atmosphere conducive to creativity that induces them to create more and motivates others to create.

Copyrights Act, 1957

Copyrights in India is covered under the Copyrights Act, 1957 and is at parity with the international standards as contained in TRIPS. There is a Copyright office, board, and society in India. While the registration of copyright is granted by the ‘Registrar’ of the Copyright office which comes under HRD ministry, the disputes relating to the copyrights are heard by the Copyright board. A copyright society is a licensed collective administration society under section 33 of Copyright Act, 1957 which is formed by authors and other proprietors. The minimum membership required for the registration of the society is seven. The Act was amended 6 times. Administrative works are performed by the registrar of copyright.

What kind of works are protected by the Copyright Act?

According to the Copyright Act, 1957, the word ‘work’ involves a creative work consisting of a painting, a sculpture, a sketch (including a diagram, a map, a schematic or a graph), a gravure, a photograph, an architectural or artistic work, dramatic work, literary work (including computer programs, charts, compilations, and digital databases), musical work (including music and graphics).

Literary works (Speeches, books, computer gaming)
Musical (cassette, DVD, cd) Copyrights different for different people.
Dramatic (Play, movies, etc.)
Choreographical works
Graphic and cultural activities (Toys etc.)
Additional Activities.

Copyright Board (Constituted by central government)

A quasi-judicial entity, the Copyright Board was created in September 1958 and its authority applies to all of India. The board of copyright is an entity consisting of the federal govt. to perform other judicial duties under the Act. The role of the Board is to adjudicate conflicts related to the registration of copyright, the transfer of copyright, the awarding of licenses related to works withdrawn from the media, unpublished Indian plays, the creation, and publishing of translations and plays for particular purposes. It even considers proceedings in certain matters before it in compliance with the Copyright Act, 1957. The board comprises a chairman, and not more than 14 other members. The chairman and the members will retain their position for five years. Upon expiry of the term they can be reappointed. The chairman of the copyright board must be a person who is or has been a High Court judge, or who is eligible to be qualified for the appointment as a High Court judge. There is no referenced qualification about the board members.

Functions of Copyright Board

Settlement of disputes as to whether copies of any literary, dramatic or artistic work or records are issued to the public in sufficient numbers.
Settlement of disputes as to whether the term of copyright for any work is shorter in any other country than that provided for that work under the Act.
Settlement of disputes with respect to the assignment of copyright as dealt with in Section 19A.
Granting of compulsory licenses in respect of Indian works withheld from the public.
Granting of compulsory license to publish unpublished Indian works.
Granting of compulsory license to produce and publish the translation of literary and dramatic works.
Granting of compulsory license to reproduce and publish literary, scientific or artistic works for certain purposes.
Determination of royalties payable to the owner of the copyright.
Determination of objection lodged by any person as to the fees charged by Performing Rights Societies.
Rectification of Register on the application of the Registrar of Copyright or of any person aggrieved.

The Copyright Board has no powers to limit the use of copyright to any particular territorial area. The appeal against orders passed by the Copyright Board except under Section 6 lies to the High Court within whose jurisdiction the appellant resides or carries on business.

In Shri Urmila Charan Gupta vs. Shri Charushila Sharan Gupta and Sumitra Nandand Gupta, it has been held that if the Board, in its powers, thinks fit or agrees to dispose of the matter of all the 38 books on a single application, no one else is given the right to question its propriety.

Powers of Copyright Board

The copyright board has been accredited with the powers of civil court for the purpose of Section 345 and 346 of the Code of Criminal Procedure, 1973. And all proceedings of the board are judicial proceedings within the meaning of Section 193 and 228 of Indian Penal Code, 1860. In exercise of the civil court power, the copyright board may issue summons and enforce the attendance of any person and may examine him on oath, requiring the discovery and production of the document, receiving evidence on affidavit issuing commission for the examination of witness and documents and requisitioning public record or copy thereof from any court.

The board has the powers:

To hear appeals against the orders of the Registrar of Copyright;
To hear applications for rectification of entries in the Register of Copyrights;
To adjudicate upon disputes on the assignment of copyright;
To grant compulsory licenses to publish or republish works (in certain circumstances);
To grant compulsory license to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work;
To hear and decide disputes as to whether a work has been published or about the date of publication or about the term of copyright of a work in another country;
To fix rates of royalties in respect of sound recordings under the cover-version provision; and
To fix the resale share right in original copies of a painting, a sculpture or a drawing and of original manuscripts of a literary or dramatic or musical work.

Copyright Societies

A copyright society is a licensed society with collective administration, formed by the owners of the copyright. The minimum membership needed for a group to sign is seven. Ordinarily, only one society is licensed to conduct business with regards to the same working community. A copyright society can issue or award licenses for any work in which copyright subsists or for any other privilege granted by the Copyright Act. It is a voluntary association.

E.g. Novex Communications (For sound recordings)

Radio companies have to pay the royalty for the songs to the company and the approval is given by the society. Novex is made by the Yashraj and Shemaroo collectively. They give a license for pubic processions.

IPRS (Indian performing rights society) is a society of copyright as well. They filed a case against the KKR. They issued a notice that you are violating the copyright of some other person.

Effect of Copyright (Amendment) Act, 2012 on Copyright Societies

Previously, the Copyright (Amendment) Act, 1994 added Section 33 to the Act which made it mandatory that only copyright societies can grant a licence or issue copyright license. However, as part of the 2012 Amendment, section 33(3A) was added, which laid down a new guideline that any copyright society carrying out the business of granting or issuing copyright license must register itself again within the period of 12 months from the date of the amendment. Therefore, any copyright society which existed prior to the amendment has to re-register itself within the given time frame.

Important sections associated with Copyrights

Section 2(o) talks about the “Literary work”

Literary work includes: –

Computer programs
Compilations (Includes database)

Anything which can be written is called literary work. Compilation was included in the 2012 amendment. Since computer programs are not patentable, they are included in the Copyright. Some of the examples of the compilation of the work are NCERT books and the guides provided in class 11th and 12th for the subjects. The different authors have separate Copyright in that case.

Section 2(p) talks about the “musical work” and includes the graphical notation. It is necessary to differentiate categories of the musical work and only the original work can be copyrightable.

Section 2 (c) includes: –

Painting, Sculpture, Drawing, any engraving on the photograph, any map, or drawing whether or not they possess any artistic quality.
Architecture. It does not need any artistic quality. Only originality is needed.
Artistic Craftsmanship. It includes raw and hand made things in the open market.

Section 2(h) talks about the “Dramatic works” and includes: –

Recitation.
Choreographic work.
Entertainment in dumb show.
Scenic arrangements or acting, form of which is fixed in writing and or otherwise, but it does not include any cinematographic film. There shall be a fixation in writing.

Section 13 of the Copyright Act, 1957 is the most important section for the Copyrights Act. It talks about the subject matter of the Copyright.

Section 13(1) says that the jurisdiction of the Copyright is all over India and the following classes of the work are under the protection of copyright: –

a.) Original literary, dramatic, musical and artistic works; b.) Cinematograph films; and c.) Sound recording

Section 13(2) talks about the published and unpublished work or the work of architecture. In the case of published work, the work shall be published in India. If the work is published outside India, the author at that time or during the time of his death shall be a citizen of India. In the case of an unpublished work, the author shall be a citizen of India or must be domiciled in India except in the work of Architecture. In the case of work of architecture, the work only shall be located in India and not the author, as the work of architecture can be done in papers as well.

In the work of architecture, the copyright shall subsist only in the artistic character and design and shall not extend to the process or methods of the construction.

There are certain rights under copyright law. These are Normal or Economic rights, Moral rights, and Neighboring rights. The economic rights are given under Section 14, the moral rights are given under section 57 and the neighboring rights are given under section 37A and 37B.

Section 14 elaborates on the meaning of Copyright. The copyright is the exclusive right to do or authorize for the following acts: –

To reproduce the work in any form by electronic means.
Issue copies of the work to the public in circulation.
To perform the work in public or communicate to the public.
To make any cinematograph film or any sound recording in respect of the work.
To make a translation of the work.
To make an adaptation of the work.
In case of a computer program, all the above-mentioned rights as well as to sell or give on commercial rental or offer for sale or for commercial rent, for a copy of the program.
The artistic works can be converted in an electronic form and can be converted from 2D to 3D and vice versa.

Moral rights under Section 57

Moral rights are always the rights of the author and the economic rights are always of the owner. The moral rights are the special rights which are not at all assignable and are always of the author. The moral rights are never assignable. These rights are derived from the BERN Convention. These rights are special rights because they are independent of the author’s copyright. They remain even after the term ends for the copyright of a person.

These rights are divided into two categories i.e. the right to follow and the right to integrity.

The right to follow says that the author has the right to claim ownership independent of the author’s copyright. The right to integrity is a right to restrain or claim damages in respect of any distortion, mutilation, modification, or other acts in relation to the said work. If the above-mentioned cases are prejudicial to the honor and reputation of the author, he can claim the right to integrity. These rights can be performed by the legal representative of the author, but there is no performance of a legal representative in the economic rights. If at any moment it happens that the work fails to the satisfaction of the author, it would not be called an infringement of the Copyright.

Section 22 talks about the term of the copyright in published literary, artistic, dramatic, and musical work. The term of the copyright shall subsist until 60 years after the death of the author and it shall be from the beginning of the calendar year next to the following year in which the author died.

‘Author’ is defined under Section 2(d) of the Copyrights Act, 1957.

If the work is related to the literature or drama, the author would hold the final authority. In the case of the musical work, the composer.

For artistic works such as photographs, the person taking the photograph will be the author. In cases related to the literary, dramatic, musical, or artistic work, which is computer-generated, the person who causes to make that work shall be the author of the work. The producer would be the author of the work in the case of a cinematograph film or sound recording.

Section 2(z) talks about the Joint Authorship of the work. The collaboration of two or more authors where the contribution of one author is not distinct from the others is called Joint authorship.

Section 17 talks about the first owner of the Copyright. The author is always the first owner of the Copyright. The section although talks about the proviso and the exceptions made. In the contract of service where there is a concept of Vicarious Liability under the course of employment, the authorship changes and the employer becomes the first owner. However, in the contract for service, the authorship doesn’t change and the author remains the first owner of the work. Section 17 talks about the provisions given for the first owner of the Copyright.

Section 22 talks about the term of copyright in published literary, artistic, musical, and dramatic works. The term stands for the lifetime plus 60 years after the death of the author.

Section 23 talks about the term of Copyright in an anonymous or the pseudonymous work. If a person had his identity unrevealed and he published the work anonymously and pseudonymously, he has the term until then and plus 60 years after the lifetime.

Section 24 talks about the term of Copyright in a posthumous work. In the case of joint authorship, if one of the authors dies, the other author would be having the term of his life plus 60 years.

Section 26 and 27 talks about the term of the works for the cinematography and Sound recording. The term subsists for 60 years.

Section 28 talks about the subsistence of the copyright in a Government work, Where the Government is the first owner of the work, the term of the right shall subsist for 60 years.

Section 40 talks about the power of the Government in extending the copyright to foreign works. This power is with the central government to decide on its discretion as to how and when to extend the power associated with giving the term of copyrights to the foreign works.

Section 41 gives the rights to the works of certain international organizations for getting the term for their copyright.

Neighboring rights, performance rights, or the broadcasting rights are given under the performer’s rights. The broadcasting organization rights are a kind of neighboring rights. These are the performer rights and the exclusive performer’s rights given under section 38 and Section 38A respectively. The broadcasting organization rights are although given in Section 37.

The rights of the performer shall subsist for 50 years under Section 38. Under Section 38A, it consists of the exclusive performer’s rights.

The section dealing with broadcast and broadcasting rights are section 2(d) and section 37 respectively. The rights within this ambit include the rebroadcasting of the work. There had been no legislative notification regarding it and the broadcasting can be in any form and shall subsist for the 25 years.

There are 5 rights granted under section 37 for the broadcasting rights which include: –

The rights of re-broadcasts.
The right to cause the public to watch it with payment of money.
They can make the sound or visual recording of the broadcast.
Commercial rental.
Can make recording of such visual or sound recording where the license was not granted initially, and if license granted, can make it for any purpose not envisaged by such license.

The general defense for the acts which do not infringe the broadcasting reproduction rights or the performer’s rights is given under Section 39. This section has to be read with section 51 which includes the news channels or the fair deal bona fide usage cases such as giving trivia and the criticism for such act.

The concept of License and Assignment.

The License and Assignment are the transfer of an interest in the rights and it only allows adaptation and translations. The license is having a lower parameter, while the assignment has a relatively upper parameter. The concept of assignment is used in Copyright, license, and trademark, all 3 of them. Although, there is a difference between both of them and the ownership is transferred in the Assignment over a copyrighted work and the parties to which they are assigned, give the royalty to the author.

Licenses can be of two types,

Statuary and

Section 18 and 19A talks about the assignments. Assignments can be total or partial. The concept is discussed in section 18. The prospective owner of the work is the one who will be the future owner. This right is with two people. The original owner and the prospective owner of the work. These rights can be transferred wholly or partially.

Section 19 talks about the modes of the assignment. It shall be in writing. The contract agreement shall specify the royalty or the considerations.

The date of the assignment is not noted and the term and the universal rule is that it shall be for 5 years. The initial term is 5 years.

There must be 5 essentials while reading the assignment:

Who can do? The owner or the prospective owner.
What to do? The assignment.
How to do? Either wholly or partially.
The royalty must be distributed in an equitable remedy between the owner and the prospective owner.

If a dispute arises in an assignment, there must be a copyrights society for revocation, distribution, etc.

Licenses are of two types, voluntary and involuntary licenses. Under the Involuntary license, there exists a compulsory and statuary license. The Voluntary license is given under Section 30 of the act.

Compulsory license?

During the term of copyrighted work.
Published or performed in public.
Complain to allow the re-publication of the work.

Section 31 talks about the Compulsory License in works withheld from the public.

Section 31C and 31D

The sections of 31C and 31D talks about the statutory license and the sections 31A and 31B talks about the Compulsory License. In section 31A and 31B, the application has to be sent and signed by the application board for the license. In the case of the statutory license, there are a total of 10 steps to be followed for the license and it can be granted for the 4 categories of works only. The works include Cover versions, musical, literary, and broadcasting of sound recording. These are the licenses for the broadcasting of the literary and Sound recording works.

Section 31A talks about the license for the Cover versions of the song. It is the 3rd stage of the statutory license and it is always made up of original song and there are 3 steps for getting a license for the Cover versions. The 3 steps include: –

A Notice of intention is to be given to the owner/author.
Assurity of sending the advance copies of the work including the label.
Royalties will be taken along.

Provided that, the cover version artist shall not mislead anyone of the original song and work. Neither the lyrics nor the graphical notation shall be changed of the song. The cover version of the song cannot be made after before 5 ears of the original work made. The cover version artist will have to make a minimum copy of 50 thousand of the work and has to maintain a book of accounts. The person desirous of making a cover song shall have to abide by the steps which include no alteration with the original sound recording.

Section 31D talks about the statutory license for the broadcasting of the Literary, Musical, Dramatic work and Sound Recording. It was introduced after the 2012 amendment. The same steps as done in the section 31C are to be followed in this section. The name of the author/principal shall be shown during the broadcast. The work should have been already published and apart from the technical necessities, there shall be no other alterations in the work of broadcasting of the work.

Infringement of Copyright

The infringement of copyright refers to the usage of any copyrighted work without the owner’s consent. Infringement happens when one party purposely or accidentally copies/uses another’s work without attribution. Infringement is generally divided into two types- Primary infringement and secondary infringement. The infringement of Copyright can be over the economic, moral, or the neighboring rights depending upon the situation. The section 51(a) (i) talks about the primary infringement. Section 51(b) and section 51(a) (ii) talks about secondary infringement.

The primary infringement is over the exclusive rights and the rights which are conferred upon the author/owner and they are being infringed without the permission of the author or the owner. For e.g. the reproduction of work i.e. the production of copies of a book. The communication of this infringed work in the public would be called as the secondary infringement. The secondary infringement is the indirect infringement of the work and the secondary infringement facilitates the primary infringement.

Section 52 talks about the defenses or the exceptions associated with the infringement of the copyright.

Section 52(a) talks about the act of fair dealing as not being the infringement of the copyright. The acts of fair dealing include the private or personal use including the research, criticisms, or the report of the current affair except “Computer program.”

The exceptions associated with computer program are given in section 52[(aa), 52[(ab), 52[(ac), 52[(ad).

Section 52[(aa) consists of two exceptions associated with the Computer Programme and they are the lawful possession and the permission to allow the utilization of the computer programs and to make the backup copies of the computer program.

Section 52[(ab) consists of the exceptions associated with the inter-operability of the computer program. Section 52[(ac) and Section [(ad) talks about the exceptions associated with reverse engineering and the Making copies for non-commercial personal trade.

The sub-clause d, e, and f of the section talks about the Exceptions related to law and order. Section 52(d) talks about the judicial proceedings related to sites like SCC Online etc. Section 52(e) talks about any reproduction of work for the purpose of the legislature. Section 52(f) talks about the exceptions for infringement associated with the certified copy made or supplied in accordance with the law.

Subclause g, h, i, j, k, l and m of section 52 talks about the performance of the work in public. Section 52(g) talks about any remarkable extract from some poem or excerpt and inserting it into the speech or recitation for any reference.

Section 52(h) talks about using the guidelines issued for bona fide usage. Section 52(i) talks about the question paper format or the questions and answers provided by the teachers and students in the examinations. Section 52(j) talks about the events at annual functions and any performance thereon on any musical work. Section 52(k) talks about using a reference of work of some art for the drama or the stage performance in different clubs of the Colleges and Schools.

Section 52(n), Section 52 (o), and Section 52(p) talk about the storing of any media and its e-copies in the Library and its usage for the non- commercial public. These can be for personal use or public use and not more than 3 copies of the book can be published.

Section 52(s, t, u, v, w, x) are the sections which talk about the exceptions related to the artistic work. The architecture is protectable if we produce the drawing of architecture.

Section 52(t) talks about the exceptions relate to the public places and 52(u) talks about the inclusion of Copyright works. For e.g. the shooting of a movie in the Taj Mahal and its accessibility by the General Public.

Section 52(v) talks about the exceptions related to the Model or artistic work such as sketches made in the malls and sketch booths.

Section 52(w) talks about the exceptions related to the Interior changes being made from 2D to 3D or vice versa and the exceptions are only for Industrial Applications and are purely functional.

Section 52(zb) talks about the exceptions related to the bona fide religious ceremonies held by the Central or State Government.

Case laws related to the Copyrights Act, 1957

1.) university of london press limited vs. university tutorial press limited..

The sweat of the brow test

Facts: There were professors employed by the university and the authority of Copyright on question papers set by the professors was with the University of London press. The questions were published and it was known that the question papers are not covered under literary work. There were many issues regarding this case, but we will deal with two important issues. First, anything which comes with a written or printed output, comes under literary work. This case enlightens the concept of literary work and its inclusive definition. This case widely talks about literary work as well as the test of originality. The word ‘literary’ talks about the exercise of brain work in making the question paper. The professor is creating the paper out of careful consideration and their creative intellect.

The court held that the paper set by the professors are the creative intellect by selective discretion of the passage they behold.

The person who put his sweat and intellect is known as the sweat of the brow.

2.) Feist publication Inc. vs. Rural Telephone Service Company.

Modicum level of creativity test

The defendant company made a list of phone numbers of the people around the area and they listed it on a paper where phone numbers were written on the white side and the advertisements were given on the yellow side of the page.

Feist Publication Company used to create telephone dictionaries as well. Thus, Publication Company copied the names and contacts from the rural telephone service company’s white pages. The court decided that it is not an originality to copy the contacts of people who are easily available in the Government accounts. However, the yellow pages showing the advertisements are a mark of originality. The court introduced the minimal level of the test for the originality and didn’t restrict it to the Sweat of the brow test. A medium approach was set for the originality test.

3.) DB Modak vs. Eastern Book Company

A software created by DB Modak to publish the reports by Supreme Court in E-forms. Court divided the judgment into 3 forms. The SC said that the headnotes or the footnotes edited in the judgments are a part of the creative mind, whereas the copied judgment will not be authenticated for as under Copyright protection. It should be more than a mere copy of the original work and shall contain the author’s independent work.

This test was applied in this case.

4.) Compulsory License case: Reliance broadcast limited vs. Super Cassette Industries.

What are the rights of the appellate authorities?

The issue of this case was whether an interim order can be granted by the appellate board or not? Super Cassette industry asked the appellate board to grant an interim injunction against Reliance. The Appellate board cannot grant the interim order and the only power it holds is to decide whether to give the compulsory license or not.

5.) Moral rights cases: Manu Bhandari vs. Kala Niketan.

The ending was slightly changed by Kala Niketan and Manu Bhandari filed a case that the changes made by Kala Niketan are infringing the Moral rights and were prejudicial to the honor and reputation of Manu Bhandari. The argument of Kala Niketan was quashed saying that moral rights are exclusive of economic rights.

6.) Amarnath Sehgal Case

This case enlightened to restore the work to the original author and a new remedy was introduced in terms of Moral rights.

7.) Cases on Infringement: Super Cassete Industry vs. Batla cassete industry

The court held that the cover version is only made of the original version and not of the cover version.

8.) Infringement: Sony Corporation vs. universal city studios limited

Time-shifting technology was introduced by Sony Corporation. The act of infringement will rely on Humans. E.g. Movie recording and then showing to the other people.

9.) MGM Studios vs. Grokster Limited

Overruled the Sony Corporation case. Grokster had knowledge that people are sharing data using their platform and thus they are liable.

10.) RJ Anand case

Supreme Court issued the 7 Issues and Guidelines.

The difference between whether a work will be an infringement or not an infringement. The copy must be a substantial or material work.

(This article has been written and submitted by Mr. Prakhar Agnihotri during his course of internship at B&B Associates LLP. Mr. Agnihotri is a fourth year law-student at University of Petroleum & Energy Studies, Dehradun, Uttrakhand.)

Posted by Advocate Mr. Ambransh Bhandari

Mr. Ambransh Bhandari is a well-versed Advocate in Chandigarh High Court and is the Managing Partner of the law firm B&B Associates LLP. Mr. Bhandari is renowned for his cogent arguments and his valuable insights on various aspects of law; he is sought by a reputed national and international clientele for decoding complex lawsuits and legal matters.

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Recent Landmark Judgements

Joseph Shine Vs Union of India
Smt. Sowmithri Vishnu Vs Union of India & Anr
Sri Sankari Prasad Singh Deo Vs. Union of India and State of Bihar(and Other Cases).
I.R. Coelho (Dead)by Lrs. Vs The State of Tamil Nadu
Vineeta Sharma Vs. Rakesh Sharma & Ors.

Author : Yogricha

Updated On : February 15, 2024

Overview: If you are aiming for Delhi Judicial Services, Tamil Nadu Judiciary or any other state judiciary examination, where Copyright Act is a mandatory subject in prelims and mains then you should make Copyright Act Notes for Judiciary. Refer to this article to know all the important sections, questions and topics that you should cover for your preparation.

You can use the link below to download copyright act, 1957 notes PDF made by Judiciary gold faculties to support your preparation. Copyright offers fundamental safeguarding for writers' creative endeavors, serving to both preserve and incentivize creativity. Given that creativity stands as the cornerstone of progress, no democratic society can afford to overlook its essential duty to foster this vital element.

In this article we will cover:

Overview of Copyright Act for Judicairy.
Important Sections from Copyright Act.

Copyright Act Notes for Judiciary

How to make notes for your judiciary preparation.

Download free copyright act, 1957 notes PDF from Judiciary Gold.

Previous Year Questions

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Overview of Copyright Act for Judicairy:

In Judiciary exams previously and in upcoming Judiciary exams the weightage of copyright act in the relavent states is approximately between 5-18%. Hence, you should not take copyright act lightly. Considering the fact that questions from the act are asked in prelims and mains together, therefore, only memorizing the concepts and learning the sections is not enough. You have to ensure that you know all the concepts thoroughly for both prelims and mains examinaiton.

Copyright is a legal grant of exclusive rights for a specified duration to the creator of an intellectual work, safeguarding it against unauthorized duplication. Within copyright law, various actions are outlined as prohibited to discourage activities that would equate to replication. Copyright protection extends to works that originate from shared ideas, concepts, and thoughts but have been given a tangible form through one's intellectual creativity.

The economic and social advancement of a community hinges on creativity, and the protection of the contributions made by writers, artists, designers, dramatists, musicians, architects, sound recording producers, cinematographic filmmakers, and software developers through copyright fosters an environment conducive to creativity. This, in turn, encourages these creators to produce more, while inspiring others to embark on their own creative journeys.

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For literary, dramatic, or musical works:

Reproducing the work in any tangible format, which encompasses electronic storage.
Public performance or communication of the work.
Creating cinematograph films or sound recordings based on the work.
Generating translations or adaptations of the work, or any of the aforementioned acts concerning translations or adaptations.

For computer programs:

Any of the aforementioned acts.
Selling or commercially renting copies of the computer program.

For artistic works:

Reproducing the work in any material form, including converting 2-D representations into 3-D or vice versa.
Public communication of the work.
Incorporating the work into cinematograph films.
Making adaptations of the work or performing any of the aforementioned actions regarding adaptations.

For cinematograph films:

Making copies of the film, including photographs of any images within the film.
Selling or renting copies of the film.
Communicating the film to the public.

For sound recordings:

Creating sound recordings embodying it.
Selling, renting, or offering copies of the sound recording.
Public communication of the sound recording.

Hence, copyright in a work does not entail a solitary right but amalgamates multiple rights, including a prohibitory right. Broadly, these rights can be categorized as follows:

The right of publication.
Neighboring (related) rights.
The right to prevent any alterations to the work that could harm the author's reputation.
The right of authorship or the right of paternity.

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Download free notes from Judiciary Gold.

You must make Copyright Act Notes for Judiciary for yourself, covering all the important topics and sections. You can also download the copyright act, 1957 notes PDF given below by our Faculties and use it for quick and rapid revision. All the sections mentioned in this are important for you for judiciary because questions from these sections have been asked in mains or prelims examinations of different states.

Download FREE Copyright Act Short Notes PDF by Judiciary Gold

Important Sections from Copyright Act for Judiciary and other exams.

Before you start you preparation for Judiciary, you should know the important sections that you should focus on. However, knowing important sections does not mean that you do not read the complete act, whenyou start yourpreparation read and understand the entire act and then focus a bit more on the sections that are important, previously asked and have high chances of being asked in the upcoming judiciary exams. Make Copyright Act Notes for Judiciary while focussing on the important sections. Refer to the comprehensive list below and mark these sections in your act:

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Introduction:

Copyright in India is governed by the Copyright Act, 1957, aligning it with international standards established in TRIPS. India maintains a Copyright office, board, and society to oversee copyright-related matters. Copyright registration is overseen by the "Registrar" within the Copyright office, a department falling under the HRD (Human Resource Development) ministry.

Disputes concerning copyrights are adjudicated by the Copyright board. Additionally, a copyright society, formed by authors and other rights holders, is a licensed collective administration entity under Section 33 of the Copyright Act, 1957. The society's registration necessitates a minimum of seven members. The Copyright Act has undergone six amendments to date, and the administrative functions are carried out by the registrar of copyright.

As per the Copyright Act of 1957, the term 'work' encompasses a wide array of creative expressions, including:

Visual arts like paintings, sculptures, sketches (encompassing diagrams, maps, schematics, and graphs), gravures, and photographs.
Architectural and artistic creations.
Dramatic productions.
Literary works, which include computer programs, charts, compilations, and digital databases.
Musical compositions, covering music and graphical elements.

These categories span a range of creative output, such as literary works like speeches and books, musical compositions as seen in cassettes, DVDs, and CDs (with copyrights varying among creators), dramatic pieces like plays and movies, choreographical works, graphic and cultural activities (for example, toys), and various other creative undertakings.

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The Copyright Board, established by the Central Government, is a quasi-judicial body formed in September 1958, with jurisdiction extending across the entirety of India. This board, a governmental entity, was instituted to undertake various judicial responsibilities in accordance with the Copyright Act.

The principal function of the Copyright Board is to resolve disputes linked to copyright registration, copyright transfer, the issuance of licenses for works removed from the public domain, unpublished Indian plays, the creation and dissemination of translations and plays for specific purposes, and other proceedings as outlined in the Copyright Act of 1957.

The composition of the board includEs a chairman and a maximum of 14 additional members. The chairman and members hold their positions for a five-year term, with the possibility of reappointment upon the expiration of their tenure.

The chairman of the Copyright Board must be an individual who is, or has been, a judge of a High Court or is eligible for such an appointment. However, specific qualifications for the board members are not stipulated by the law.

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The Copyright Board carries out several functions, which include:

Resolving disputes regarding the adequate public distribution of copies of literary, dramatic, or artistic works or records.
Resolving disputes concerning whether the copyright term for a work is shorter in another country than what is provided for in the Act.
Addressing disputes related to the assignment of copyright as outlined in Section 19A of the Act.
Granting compulsory licenses for Indian works that have been withheld from the public.
Granting compulsory licenses for the publication of unpublished Indian works.
Granting compulsory licenses for the production and publication of translations of literary and dramatic works.
Granting compulsory licenses for the reproduction and publication of literary, scientific, or artistic works for specific purposes.
Determining the royalties to be paid to the copyright owner.
Adjudicating objections raised by individuals regarding the fees charged by Performing Rights Societies.
Rectifying the Register, either upon the request of the Registrar of Copyright or on the application of any aggrieved person.

Powers of the Copyright Board:

The Copyright Board is vested with extensive powers, which encompass:

Authorization of the Copyright Board with the powers akin to a civil court as stipulated in Sections 345 and 346 of the Code of Criminal Procedure, 1973. Additionally, all proceedings of the Copyright Board are regarded as judicial proceedings, falling within the purview of Sections 193 and 228 of the Indian Penal Code, 1860.

The Copyright Board, acting under its civil court authority, can issue summonses and compel the presence of individuals for examination under oath. It may also require the discovery and production of documents, receive evidence through affidavits, issue commissions to examine witnesses and documents, and requisition public records or copies thereof from any court.

Specifically, the Copyright Board is empowered to:

Adjudicate appeals against decisions made b the Registrar of Copyright.

Consider applications for rectification of entries in the Register of Copyrights.

Resolve disputes pertaining to the assignment of copyright.

Grant compulsory licenses, particularly for the publication or republication of works under certain circumstances.

Issue compulsory licenses for the production and publication of translations of literary or dramatic works in any language after a seven-year period from the initial publication.

Hear and decide disputes regarding the publication status of a work, its date of publication, or the copyright term of a work in another country.

Establish royalty rates for sound recordings under the cover-version provision.

Determine the resale share right in original copies of paintings, sculptures, drawings, and original manuscripts of literary, dramatic, or musical works.

A copyright society is a collective administration society with a license, formed by copyright owners. Membership requirements typically involve a minimum of seven members, and typically only one society is licensed to operate within the same working community. Copyright societies have the authority to issue licenses or confer copyright licenses for any works covered by copyright or for any other privileges granted by the Copyright Act. These societies are voluntary associations that help manage and administer copyrights.

Previously, the Copyright (Amendment) Act, 1994 introduced Section 33 to the Copyright Act, making it mandatory for only copyright societies to grant licenses or issue copyright licenses. However, the 2012 Amendment introduced Section 33(3A), which required any copyright society involved in the business of granting or issuing copyright licenses to re-register within 12 months from the date of the amendment. This means that any copyright society existing before the amendment must go through the re-registration process within the specified timeframe.

Key Sections Associated with Copyrights:

Section 2(o) - Defines "literary work," which encompasses various forms, including computer programs, tables, and compilations (including databases).

Section 2(p) - Defines "musical work" and includes graphical notation, with emphasis on the requirement that only original works are copyrightable.

Section 2(c) - Covers "artistic works," such as paintings, sculptures, drawings, engravings, maps, and architecture. It emphasizes originality over artistic quality and even extends to artistic craftsmanship.

Section 2(h) - Addresses "dramatic works," including recitation, choreographic work, and entertainment in dumb show, with a requirement for fixation in writing.

Section 13 - Defines the subject matter of copyright and its jurisdiction over original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings.

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Under the Copyright Act, rights include economic rights, moral rights, and neighboring rights. Economic rights are detailed in Section 14 and encompass various exclusive rights, including reproduction, distribution, performance, adaptation, and more. Moral rights are covered in Section 57, and neighboring rights are addressed in Sections 37A and 37B.

Moral Rights under Section 57:

Moral rights exclusively belong to the author, in contrast to economic rights, which are owned by the copyright holder. These moral rights are unique and non-transferable, remaining the sole prerogative of the author. Derived from the BERN Convention, these rights are exceptional because they persist independently of the author's copyright and endure even after the copyright term expires.

Moral rights encompass two distinct categories:

The Right to Paternity: This right grants the author ownership independent of the copyright and allows them to assert their authorship. It endows the author with the authority to claim ownership regardless of the copyright.

The Right to Integrity: Under this right, the author has the power to restrain or seek damages for any distortion, mutilation, modification, or other alterations to their work. If these actions compromise the honor and reputation of the author, they can invoke the right to maintain the integrity of their work. Importantly, these rights can be exercised by the legal representative of the author, a distinction from economic rights where no such provision exists. If, at any point, the work fails to meet the author's satisfaction, it is not deemed a copyright infringement.

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Other Key Sections and Provisions:

Section 22: Governs the duration of copyright for published literary, artistic, dramatic, and musical works. Copyright endures until 60 years after the author's death, commencing from the beginning of the calendar year following the author's demise.

Author's Definition (Section 2(d)): Specifies who qualifies as an "author" under the Copyrights Act, 1957, depending on the type of work. For example, the author is the individual holding the ultimate authority in literary or dramatic works, or the composer in the case of musical works. For artistic works like photographs, the person who captures the image is considered the author. In situations involving computer-generated literary, dramatic, musical, or artistic works, the creator of the work is deemed the author. In the case of cinematograph films or sound recordings, the producer is recognized as the author.

Joint Authorship (Section 2(z)): Refers to a collaborative effort involving two or more authors, where one author's contribution is not distinctly separable from the others.

First Owner of Copyright (Section 17): Establishes the author as the initial copyright owner, with certain exceptions, primarily within the context of employment contracts where vicarious liability comes into play. The authorship changes when the employment contract is involved, shifting ownership to the employer. However, in the case of a contract for service, the author retains ownership of the work. Section 17 provides provisions for the first owner of copyright.

Term of Copyright for Various Works (Sections 22, 23, 24, 26, and 27): Defines the duration of copyright for published and unpublished works, posthumous works, cinematographic works, sound recordings, and government works, each with specific terms based on the type of work.

Government's Power to Extend Copyright for Foreign Works (Section 40): Grants discretionary authority to the central government to extend the copyright term for foreign works.

Rights of Certain International Organizations (Section 41): Specifies rights for international organizations to obtain copyright terms for their works.

Performer's Rights (Section 38 and Section 38A): Cover neighboring rights and exclusive performer's rights, with a copyright term of 50 years for performers.

Broadcasting Rights (Section 2(d) and Section 37): Encompasses the rights for broadcasting organizations, which include rebroadcasting. This category also covers the rebroadcasting of works, allowing for various forms of broadcasting, with a term of 25 years.

Rights Under Section 37 for Broadcasting Organizations: These rights include re-broadcasting, charging fees for public performances, making sound or visual recordings of broadcasts, commercial rentals, and creating recordings where no initial license was granted or for purposes not envisaged in the license.

General Defense for Non-Infringing Acts (Section 39): Provides protection for acts that do not infringe on broadcasting reproduction rights or performer's rights. This section should be read in conjunction with Section 51 and applies to cases like news reporting, fair dealing, and bona fide use, including critique and review.

License and Assignment: Differentiates between licenses and assignments, with licenses allowing adaptation and translations, while assignments entail the transfer of ownership over a copyrighted work. Ownership changes in the case of an assignment, and royalties are paid to the author by the assignee. Licenses can be statutory or compulsory.

Statutory License and Assignment (Sections 18 and 19A): Discusses the modes of assignment, specifying that the assignment must be in writing and include terms related to royalties or considerations. The assignment period typically lasts five years, with the initial term being five years.

Voluntary License (Section 30): Regulates voluntary licenses, allowing copyright holders to grant licenses to third parties for the use of copyrighted works.

Compulsory License: Authorizes the issuance of compulsory licenses for copyrighted works during the copyright term, provided the work has been published or publicly performed, and the copyright holder.

Section 31 covers Compulsory Licenses for works withheld from the public.

Sections 31C and 31D

Sections 31C and 31D pertain to statutory licenses, while Sections 31A and 31B address Compulsory Licenses. For statutory licenses (Section 31C and 31D), the application must be submitted and signed by the application board. Statutory licenses are granted for four categories of works: cover versions, musical, literary, and the broadcasting of sound recordings. This primarily pertains to broadcasting literary and sound recording works.

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Section 31A deals with licenses for cover versions of songs, which is the third stage of the statutory license. A cover version always consists of the original song, and there are three essential steps for obtaining a license for cover versions:

A notice of intention must be sent to the owner/author.
Assurances regarding sending advance copies of the work, including labels, are required.
Royalties must be determined and paid.

It is crucial that the cover version artist does not mislead anyone about the original song or make any changes to the lyrics or graphical notation. Additionally, cover versions cannot be created within five years of the original work's production. The cover version artist must produce a minimum of 50 thousand copies and maintain proper accounting records.

Section 31D deals with statutory licenses for the broadcasting of literary, musical, dramatic works, and sound recordings. This provision was introduced after the 2012 amendment. It follows the same steps as Section 31C. During the broadcast, the name of the author/principal must be displayed. The work should already be published, and no other alterations to the work should be made except for technical requirements.

Infringement of Copyright:

Copyright infringement involves the unauthorized use of copyrighted works without the owner's consent. It can occur when one party deliberately or inadvertently copies or uses another's work without proper attribution. Infringement is typically categorized as primary or secondary infringement, depending on the nature of the infringement and the rights violated.

Primary Infringement (Section 51(a) (i)): Involves the violation of the exclusive rights conferred upon the author/owner, such as the reproduction of a work (e.g., copying a book).

Secondary Infringement (Section 51(b) and Section 51(a) (ii)): Relates to the indirect infringement of copyrighted work, often facilitating primary infringement.

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Section 52 provides defenses and exceptions regarding copyright infringement.

Section 52(a): States that fair dealing acts do not constitute copyright infringement. These include personal or private use, research, criticism, and reporting of current affairs, with the exception of computer programs.

Section 52(aa), 52(ab), 52(ac), 52(ad): Offer specific exceptions for computer programs, addressing lawful possession, permission to use, making backup copies, inter-operability, reverse engineering, and copying for non-commercial personal use.

Section 52(d), (e), and (f): Provide exceptions related to judicial proceedings, legislative purposes, and certified copies in compliance with the law.

Section 52(g) to 52(m): Cover various exceptions relatd to public performance, such as the use of poetry excerpts in speeches, fair usage guidelines, questions and answers for educational purposes, events at academic institutions, and the creation of references for stage performances.

Section 52(n), 52 (o), and 52(p): Address exceptions related to media storage in libraries for non-commercial public use, including personal and public access to copyrighted works, with restrictions on the number of copies.

Section 52(s, t, u, v, w, x): Include exceptions related to artistic works, architectural drawings, the reproduction of industrial designs, and changes from 2D to 3D and vice versa, exclusively for industrial applications.

Section 52(zb): Provides an exception for bona fide religious ceremonies conducted by the Central or State Government.

These exceptions serve to protect certain uses of copyrighted works in various contexts, such as education, libraries, and cultural and religious ceremonies. They ensure a balance between copyright protection and the broader public interest.

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Q 1) Broadcast Reproduction Right was introduced through the Copyright (Amendment) Act, ______.

Q 2) As per Indian Copyright Law, Fair use does not mean_____.

Use for research
Use for review
Use for non-commercial purposes
Use for commercial purposes

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Q 3) What is the punishment for infringement of Copyright?

Imprisonment for 6 months to 3 years and fine of Rs.50,000/- to Rs. 2 lacs
Imprisonment for 3 months to 3 years and fine of Rs.10,000/- to Rs. 3 lacs
Imprisonment for 1 month to 5 years and fine of Rs.20,000/- to Rs. 10 lacs.
Imprisonment for 4 months to 2 years and fine of Rs.25,000/- to Rs. 5 lacs.

Q 4) Which Section of the Copyright Act contains the powers of the Police to seize infringing copies?

Q 5) Copyright does not grant protection for : ____.

Anonymous work
Pseudonymous work
Reproduced work
Jointly owned work

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Creating your own Copyright Protection Act Notes can be a helpful way to understand and retain important information. Here's a step-by-step guide on how to make your own notes:

Start with reading the Bare Act and highlight the important sections as per your understanding.
Pick previous year question papers and mark all the sections that have been asked previously once or multiple time. You also have to highlight the sections mentioned above and in the short notes document.
Read and understand all the sections and try putting them into small pointers.
Write down those pointer and support these sections with case laws and illustrations.
Reach out to your teachers and mentors when you feel that you have a confusion.

Conclusion:

Copyright Protection Act is an important subject for many state judiciary examination and hence you must make your own copyright act short notes for quick revision in the last few days of your preparation. Do not just rely on reference books becuase the content given is vast for you to cover in the last few days. There are the important key take aways from this article:

Download the copyright act, 1957 notes PDF from Judiciary Gold to get a deeper understanding of important sections.
Make your own notes if needed, do not study from reference books as they have a lot of content to cover.
prepare for prelims and mains together.
Practice answer writing for mains examination.
focus on getting conteptual clarity because this will help you in scoring better in prelims and mains both.
lastly do not worry much, believe in yourself and prepare with confidence for judiciary examinations.

All the best aspirants.

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IMAGES

An Overview of The Copyright Act, 1957
All About The Copyright Act, 1957
THE COPYRIGHT ACT, 1957 (14 OF 1957)
Salient Features Of The Copyright Act, 1957
Key Advantages of Copyright Registration under Copyright Act, 1957
THE COPYRIGHT ACT, 1957

VIDEO

COPYRIGHT SOCIETY PART 1 ( FOR PRE-LAW 3 AND LLB PART 1)
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Assignment of Copyright Section 18

COMMENTS

Assignment And Licensing Of Copyright
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...
Assignment and Licensing of Copyrights under Copyrights Act
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...
PDF The Copyright Act 1957 of 1957)
THE COPYRIGHT ACT, 1957 ACT NO. 14 OF 19571 [4th June, ... payment of tax under the Income-tax Act, 1961(43 of 1961).] 1 Subs. by Act 38 of 1994, ... block, mould, matrix, transfer, negative, 1[duplicating equipment] or other device used or intended to be used for printing or reproducing copies of
Term of Copyright, Assignment, and Licensing (Section 18-31) Under
Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63. Video Master v. Nishi Production, 23 IPLR 388 (1998). Saregama India Ltd v.Suresh Jindal, 2007 (34) PTC 522 (Cal).. Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.
Copyright Act, 1957
Authorship and Ownership in copyright . Section 17 of this Act recognizes the author as the first owner, which states that subject to the provision of this Act, the author of a work shall be the first owner of the copyright therein:. In the case of literary or dramatic composition, the author, In the case of musical work, the musician,
Assignment And Licensing Of Copyrights
The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. If the assignment period is not specified, it will be assumed to be five years from the date of assignment. In the event of a dispute over the ...
What is the concept of Assignment of Copyright?
Thus, law provides a right to the owner of the copyright (i.e. the creator) to transfer the ownership of the copyright to a third party. For instance, in the case of making a complete movie - all the creative persons with their idea turned into relevant works come to a producer, assign their rights that subsist in their work in return for a ...
[Law Notes] Indian Copyrights Act, 1957 with Case Laws| IPR by Anubha
Case: Macmillan & Co. v. K.J Cooper. Facts: Plaintiff's book consisted of selected passages from Plutarch's life of Alexander the Great, joined together by a few words to give a different appearance. The book also contained an introduction and notes useful for education. A similar book was published by the defendants with notes.
Section 19 in The Copyright Act, 1957
19. Mode of assignment.-. (1) No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent. (2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.
The Copyright Act, 1957
any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter; the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction ...
Section 18 in The Copyright Act, 1957
18. Assignment of copyright.—. (1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole of the copyright or any part thereof: Provided that in the case ...
An Overview of The Copyright Act, 1957
India is very lucky to have received the copyright act from its colonial rules. Prior to the copyright act of 1957, colonial India had the copyright act of 1847, which was the first copyright act. Afterward, the copyright act of 1911 was introduced, it was repealed, replaced and applied to all British colonies including India.
Assignment/Transfer of Copyright Ownership
If you have executed a transfer and wish to record the document, see Circular 12, Recordations of Transfers and Other Documents, for detailed instructions. About Overview
Assignment of Copyright
The term "copyright assignment" describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the "assignor") to a different party (the "assignee"). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to ...
Assignment, Transmission, And Relinquishment Of Copyright : An Overview
Signifying the objective of copyright as being the step towards safeguarding the interest of a creator alongside the dispersal of knowledge, the protection that was rendered initially with recognizing and identifying the rights of authors in their books, is with time and evolution in technology, witnessing a major change in the nature of work and its mode of exploitation. Therefore, the ...
An overview of Copyrights Act
Posted by Advocate Mr. Ambransh Bhandari. Mr. Ambransh Bhandari is a well-versed Advocate in Chandigarh High Court and is the Managing Partner of the law firm B&B Associates LLP. Mr. Bhandari is renowned for his cogent arguments and his valuable insights on various aspects of law; he is sought by a reputed national and international clientele for decoding complex lawsuits and legal matters.
Assignment Of Copyright // Bytescare
Yes, copyright can be assigned. Owners of copyrights have the option to assign their ownership interests to a third party. The assignment allows the assignee to exercise the exclusive rights associated with the copyright, such as reproducing, distributing, and publicly displaying the copyrighted work.
Procedure for Copyright Registration under Indian Copyright Act, 1957
The author. The owner of exclusive rights. The copyright claimant. The authorized agent. Essential documents required for copyright registration. Procedure for registering a copyright. Step 1: File an Application. Step 2: Examination. Step 3: Registration.
Copyright and Neighboring rights
Timestamps:Copyright Introduction 00:00:43 Neighboring Rights 00:05:37Ownership 00:07:13Registration 00:09:20Term of Copyright 00:11:05Licenses and Assignmen...
PDF The Copyright Act, 1957 Arrangement of Sections
15. Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000. 16. No copyright except as provided in this Act. CHAPTER IV OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER 17. First owner of copyright. 18. Assignment of copyright. 19. Mode of assignment. 19A.
Assignment Of Copyright Under Copyright Act 1957
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Copyright Law 1957: Notes For Judiciary Exam Preparation
Download the copyright act, 1957 notes PDF from Judiciary Gold to get a deeper understanding of important sections. Make your own notes if needed, do not study from reference books as they have a lot of content to cover. prepare for prelims and mains together. Practice answer writing for mains examination.
Copyright Law of the United States
This edition adds two pieces of copyright legislation enacted since the last printed edition of the circular in May 2021: the Artistic Recognition for Talented Students Act, signed into law in October 2022, and the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, signed into law in December 2022.

India: Assignment And Licensing Of Copyright

Introduction

Assignment of Copyright (Section 18)

Mode of Assignment (Section 19)

Disputes with Respect to Assignment of Copyright (Section 19a)

Assignment by Operation of Law (Section 20)

Licensing of Copyright

Voluntary license (Section 30)

Voluntary licenses can be:

Compulsory License

Works Withheld from Public

Compulsory License in Unpublished or Published Work (Section 31-A)

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Statutory License for Cover Versions (Section 31-C)

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

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Assignment and Licensing of Copyrights under Copyrights Act

Introduction

Assignment of Copyrights : Section 18 of Copyrights Act

Mode of Assignment: Section 18 of Copyrights Act

Licensing of Copyright

Voluntary license: : Section 18 of Copyrights Act

Compulsory Licenses

Statutory Licenses

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Coverage of this Article

Introduction

Assignment of Copyrights (Section 18)

Mode of Assignment (Section 19)

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Licensing of Copyright

Section 18 of the Copyrights Act defines a: Voluntary Licence

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INTRODUCTION

BRIEF INTRODUCTION TO RELATED INTERNATIONAL TREATIES AND CONVENTIONS

International copyright treaties

INDIAN COPYRIGHTS ACT, 1957

DEVELOPMENT OF COPYRIGHT LAWS IN INDIA

SUBJECT MATTER OF COPYRIGHT, ECONOMICS AND MORAL RIGHTS

RIGHTS OF THE COPYRIGHT HOLDER

Economic rights

In the case of original literary, musical, and dramatic work:

In the case, of computer program work:

In the case of artistic work:

In case of a cinematograph film work:

Moral rights

AUTHORSHIP AND OWNERSHIP IN COPYRIGHT

ASSIGNMENT OF COPYRIGHT

Mode of the assignment agreement

Disputes related to the assignment of copyright

Operation of law in assignment

INFRINGEMENT AND REMEDIES

Civil remedies

Interlocutory injunction

Mareva injunction