- A HAND BOOK OF COPYRIGHT LAW
- RATIONALE OF COPYRIGHT PROTECTION
- What is copyright?
- Why should copyright be protected?
- Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
- Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
- What is the scope of protection in the Copyright Act,1957 ?
- Does copyright apply to titles and names ?
- Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
- What is the scope of protection in the Copyright Act,1957 ?
- Does copyright apply to titles and names ?
- WORK
- AUTHORSHIP AND OWNERSHIP
- Whose rights are protected by copyright?
- Who is the first owner of copyright in a work?
- Who is an author?
- Who all have rights in a musical sound recording?
- Is it necessary to obtain any licence or permission to use a musical sound recording for public performance?
- Who is the owner of copyright in a government work?
- Who is the owner of copyright in the work of a public undertaking?
- Who is the owner of copyright in works by journalists during the course of their employment?
- Who is the owner of a work produced during the course of the author’s employment?
- Who is the owner of the copyright in the case of a work produced for valuable consideration at the instance of another person?
- Is copyright assignable?
- What is the mode of assigning copyright?
- Does an assignment lapse automatically?
- What will be the period of assignment if not specifically stated in the assignments?
- What will be the territorial extent of the assignment if not specified in the assignment?
- Can an author relinquish copyright and, if so, how?
- DIFFERENT RIGHTS
- Are copyrights same for all classes of works?
- What are the rights in the case of a literary work?
- Is translation of an original work also protected by copyright?
- Are computer programmes protected under Copyright Act?
- Are there any special rights in computer programmes?
- What are the rights in a dramatic work?
- What are the rights in an artistic work?
- What are the rights in a musical work?
- What are the rights in a cinematograph film?
- What are the rights in a sound recording?
- What is the right of reproduction?
- What is the right of communication to the public?
- What is an adaptation?
- Can any person translate a work without the permission of the owner of the copyright in the work?
- Is there any copyright over news?
- REGISTRATION OF COPYRIGHT
- TERM OF COPYRIGHT
- ADMINISTRATION OF COPYRIGHT LAW
- PERFORMER’S RIGHTS
- BROADCASTER’S RIGHTS
- FOREIGN WORKS
- COLLECTIVE ADMINISTRATION OF COPYRIGHTS
- MORAL RIGHTS
- COPYRIGHT INFRINGEMENTS
- Which are the common copyright infringements?
- Has the owner of an auditorium or a hall any liability while renting out the place for communication to the public of a copyrighted work?
- What are the civil remedies for copyright infringement?
- Which is the court having jurisdiction over civil remedies in copyright cases?
- What is the proof of the authorship of a work?
- What are the rights of owner over infringing copies and equipments used for making infringing copies?
- What are the remedies in the case of groundless threat to legal proceedings?
- Is copyright infringement a criminal offence?
- What are the punishments for a criminal offence under the copyright law?
- Is copyright infringement a cognizable offence?
- How are the seized infringing copies or plates disposed off?
- Who is responsible for copyright offence committed by a company?
- Which court can try copyright offence cases?
- Can a police officer seize infringing goods without warrant?
- APPENDICES
- Appendix-I
- Appendix -II
- Appendix -III
- Appendix-IV
- List of Countries included in the International Copyright Order, 1999
- I. Berne Convention Countries which have ratified/accepted/acceded to the 1971 Text of the Convention
- II. Berne Convention Countries which are yet to ratify/accept/accede to the 1971 Text of Convention
- III. Universal Copyright Convention Countries which have Ratified/Accepted/Acceded to the 1971 Text of the Convention Convention
- IV. Universal Copyright Convention Countries which are yet to Ratify/Accept/Accede to the 1971 Text of the Convention
- V. Phonograms Convention Countries
- VI. Countries Members of the World Trade Organization
A HAND BOOK OF COPYRIGHT LAW Government of India Ministry of Human Resource Development Department of Secondary Education and Higher Education
This book is not a substitute for the Copyright Act and Rules. It is intended to serve as an information booklet for enforcement agencies as well as the general public. Government officers and general public are requested to refer to the Copyright Act, 1957 (as amended from time to time) and the Copyright Rules, 1958 (as amended from time to time) before taking any action with reference to copyright registration and infringement. Copies of the Act and Rules may be obtained from the Controller of Publications, Government of India, Civil Lines, Delhi- 110 054.
I N T R O D U C T I O N
There is an acute lack of awareness on various issues relating to copyright and related rights amongst stakeholders, enforcement agencies, professional users like the scientific and academic communities and members of the public. The questions put forth by the representatives of these sections of society vary from those relating to the very fundamentals of intellectual property rights to those which relate to practical applications. The Ministry of Human Resource Development has for some time been contemplating a publication to answer such queries. In this booklet, an attempt has been made to provide clarifications on most of the issues relating to copyright law and its enforcement in a question – answer format. The language used is jargon free and user friendly.
2. I deeply appreciate the efforts put forth by Smt. P.V. Valsala G. Kutty, Deputy Secretary and Shri T.C. James, Under Secretary in bringing out this publication.
3. I hope that this handbook will proveuseful to enforcement agencies and the general public.
Maharaj Krishen KawSecretary to Government of India,Department of Secondary Education and Higher Education
New Delhi 24th July, 1999
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work for the purpose of research or private study, for criticism or review, for reporting current events, in connection with judicial proceeding, performance by an amateur club or society if the performance is given to a non-paying audience, and the making of sound recordings of literary, dramatic or musical worksunder certain conditions. What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work, a cinematograph film, or a sound recording.
What is a work of joint authorship?
"Work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.
What are the classes of works for which copyrights protection is available in India?
Copyright subsists throughout India in the following classes of works: Original literary, dramatic, musical and artistic works; Cinematograph films; and Sound recordings. What is an artistic work?
An artistic work means- a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and any other work of artistic craftsmanship. What is a musical work?
"Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection.
What is a sound recording?
"Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
What is a cinematograph film?
"Cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films.
What is a government work?
"Government work" means a work which is made or published by or under the direction or control of the government or any department of the government any legislature in India, and any court, tribunal or other judicial authority in India. What is an Indian work?
"Indian work" means a literary, dramatic or musical work, the author of which is a citizen of India; or which is first published in India; or the author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India. AUTHORSHIP AND OWNERSHIP
Whose rights are protected by copyright?
Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings.
Who is the first owner of copyright in a work?
Ordinarily the author is the first owner of copyright in a work.
Who is an author? In the case of a literary or dramatic work the author, i.e., the person who creates the work. In the case of a musical work, the composer. In the case of a cinematograph film, the producer. In the case of a sound recording, the producer. In the case of a photograph, the photographer. In the case of a computer generated work, the person who causes the work to be created. Who all have rights in a musical sound recording?
There are many right holders in a musical sound recording. For example, the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician (s) who performed the background music, and the person or company who produced the sound recording.
Is it necessary to obtain any licence or permission to use a musical sound recording for public performance?
A sound recording generally comprises various rights. It is necessary to obtain the licences from each and every right owner in the sound recording. This would ,inter alia,include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.
Who is the owner of copyright in a government work?
In the case of a government work, government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Who is the owner of copyright in the work of a public undertaking?
In the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Who is the owner of copyright in works by journalists during the course of their employment?
In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work.
Who is the owner of a work produced during the course of the author’s employment?
In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Who is the owner of the copyright in the case of a work produced for valuable consideration at the instance of another person?
In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Is copyright assignable?
Yes. 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 term of the copyright or any part thereof.
What is the mode of assigning copyright?
It shall be in writing signed by the assignor or by his duly authorised agent. It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment. It shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.
Does an assignment lapse automatically?
Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.
What will be the period of assignment if not specifically stated in the assignments?
If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.
What will be the territorial extent of the assignment if not specified in the assignment?
If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within the whole of India.
Can an author relinquish copyright and, if so, how?
The author of a work may relinquish all or any of the rights comprising the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights.
DIFFERENT RIGHTS
Are copyrights same for all classes of works?
No. The rights vary according to the class of work.
What are the rights in the case of a literary work?
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