This article is written by Manthan Kurmi, BA LL.B student during her internship with Le Droit India.
Keywords
Copyright Act 1957
Originality
Fair Dealing
Infringement
Digital Content Protection
Moral Rights
Compulsory Licensing
Copyright Enforcement
Intellectual Property
Public Interest
Introduction
Copyright or authors right is a legal term used to describe the rights that creators have on their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs.
Copyright law is a crucial component of intellectual property (IP) rights, designed to protect and promote creative expressions. In India, the Copyright Act of 1957 serves as the primary legislation governing copyright protection. This comprehensive article explores the intricacies of Indian copyright law, its key concepts, and its application in the digital age.
Legal Framework: The Copyright Act, 1957-Overview and Scope
The Copyright Act of 1957 provides protection for various forms of creative works, including:
- Literary works
- Dramatic works
- Musical works
- Artistic works
- Cinematographic films
- Sound recordings
The Act grants creator’s exclusive rights over their works, including the right to:
- Reproduce the work
- Distribute copies
- Publicly perform or display the work
- Create derivative works
Duration of Copyright
Copyright protection in India typically lasts for:
- Literary, dramatic, musical, and artistic works: Lifetime of the author plus 60 years
- Photographs: 60 years from the date of publication
- Cinematographic films and sound recordings: 60 years from the date of publication
Registration
While copyright registration is not mandatory in India, it offers several benefits:
- Prima facie evidence of ownership in legal proceedings
- Facilitates licensing and assignments
- Provides a public record of copyright ownership
Key Concepts in Indian Copyright Law
1. Originality
Originality is a fundamental requirement for copyright protection. Indian courts have interpreted originality to mean:
- The work must originate from the author
- It should involve a minimal degree of creativity
- Mere compilation of facts or data is not sufficient for copyright protection
**Case Study**: In Eastern Book Company v. D.B. Modak (2007) 1, the Supreme Court of India held that for a work to be original, it must exhibit the author’s skill, labor, and judgment. This case set a precedent for determining originality in copyright cases.
2. Idea-Expression Dichotomy
Copyright law protects the expression of ideas, not the ideas themselves. This principle ensures that:
- Basic ideas remain in the public domain
- Multiple authors can create works based on similar ideas
- Copyright protection does not stifle creativity and innovation
3. Fair Dealing
Fair dealing is an essential exception to copyright infringement, allowing limited use of copyrighted material without the owner’s permission. In India, fair dealing is permitted for purposes such as:
- Private or personal use, including research
- Criticism or review
- Reporting of current events
Factors considered in fair dealing:
- Purpose and character of the use
- Nature of the copyrighted work
- Amount and substantiality of the portion used
- Effect on the potential market for the work
4. Moral Rights
The Copyright Act recognizes two types of moral rights:
- Right of Paternity: The right to claim authorship of the work
- Right of Integrity: The right to prevent distortion, mutilation, or other modifications of the work that would be prejudicial to the author’s honor or reputation
Moral rights are inalienable and remain with the author even after the transfer of economic rights.
5. Compulsory Licensing
Compulsory licensing allows third parties to use copyrighted works without the owner’s consent under specific circumstances. This mechanism aims to balance private rights with public interest. Situations where compulsory licenses may be granted include:
- Works withheld from the public
- Unpublished Indian works
- Works for the disabled
Copyright Infringement and Remedies
Types of Infringement
Copyright infringement occurs when someone violates the exclusive rights of the copyright owner. Common types of infringement include:
- Unauthorized reproduction
- Public performance without permission
- Creation of derivative works without consent
- Distribution of pirated copies
Digital Piracy and Online Infringement
With the rise of digital technologies, copyright infringement has become more prevalent online. Issues include:
- Illegal file sharing
- Streaming of copyrighted content without permission
- Unauthorized distribution through social media platforms
**Case Study**: In Super Cassettes Industries Ltd. v. Myspace Inc. (2011),1 the Delhi High Court held that online intermediaries could be held liable for copyright infringement if they fail to remove infringing content after receiving notice.
Remedies for Infringement
The Copyright Act provides both civil and criminal remedies for infringement:
Civil Remedies:
- Injunctions
- Damages
- Accounts of profits
- Delivery of infringing copies
Criminal Remedies:
- Imprisonment (up to 3 years)
- Fines (up to ₹2 lakhs)
- Seizure of infringing copies
Copyright in the Digital Age
Challenges of Digital Content Protection
The digital era has presented new challenges for copyright protection:
- Ease of reproduction and distribution
- Anonymity of infringers
- Jurisdictional issues in online infringement
- Balancing copyright protection with freedom of expression online
Technological Protection Measures (TPMs)
To combat digital piracy, copyright owners often employ TPMs:
- Digital Rights Management (DRM) systems
- Encryption technologies
- Access control mechanisms
The Copyright Act prohibits the circumvention of TPMs, with certain exceptions for legitimate purposes.
Role of Internet Service Providers (ISPs)
ISPs play a crucial role in copyright enforcement online. The Information Technology Act, 2000, and related rules provide a framework for ISP liability:
- Safe harbor provisions protect ISPs from liability for user-generated content
- ISPs must remove infringing content upon receiving notice from copyright owners
International Copyright Protection
India is a signatory to several international copyright treaties:
- Berne Convention for the Protection of Literary and Artistic Works
- Universal Copyright Convention
- TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
These agreements ensure reciprocal copyright protection for Indian works in other member countries.
Recent Developments and Future Trends
Copyright (Amendment) Act, 2012
The 2012 amendment introduced several significant changes:
- Extended protection for performers’ rights
- Provisions for statutory licensing for broadcasting organizations
- Introduction of penalties for circumvention of TPMs
Emerging Issues
Several copyright-related issues are gaining prominence in India:
- Artificial Intelligence and Copyright: Questions around authorship and ownership of AI-generated works
- Open Access and Creative Commons: Growing movement for open licensing in academia and creative industries
- Traditional Knowledge and Folklore: Efforts to protect indigenous knowledge and cultural expressions through copyright law
Balancing Copyright and Public Interest
Importance of Public Domain
Works in the public domain are crucial for cultural and educational development. The Copyright Act ensures that works enter the public domain after the expiration of copyright terms.
Copyright Exceptions for Education
The Act provides specific exceptions for educational purposes:
- Reproduction of works for instruction
- Performance of works by staff and students of educational institutions
- Making of non-commercial sound recordings of literary or dramatic works for educational purposes
Access to Knowledge Movement
There is a growing push for more flexible copyright laws to promote access to knowledge, particularly in developing countries like India. This movement advocates for:
- Broader fair dealing exceptions
- Compulsory licensing for educational materials
- Support for open access initiatives
Conclusion
Indian copyright law, anchored by the Copyright Act of 1957, provides a robust framework for protecting creative works while balancing the interests of creators, users, and the public. As digital technologies
continue to evolve, the law faces new challenges in enforcement and adaptation. The ongoing dialogue between copyright protection and public interest will shape the future of intellectual property rights in India, ensuring that the law remains relevant and effective in fostering creativity and innovation.
By understanding the nuances of copyright law, creators can better protect their works, while users can navigate the boundaries of fair use. As India continues to grow as a hub of creativity and innovation, a well- functioning copyright system will be essential in supporting its cultural and economic development.
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