The Copyright Act, 1957 - 1 | Civil Law for Judiciary Exams PDF Download

Introduction

• Intellectual Property Rights (IPR) are legal rights granted to individuals for their creative, artistic, or inventive work for a specified duration.
• Owners of Intellectual Property are given exclusive rights to use and protect their creations from misuse.
• Intellectual Property encompasses innovations, commercial or artistic, unique names, symbols, logos, or designs used in commerce.
• In India, Intellectual Property is regulated by various acts such as the Patents Act, 1970; Trademarks Act, 1999; Indian Copyright Act, 1957; Designs Act, 2001, etc.

Copyright

• Copyright is a legal right granted to creators of literary, dramatic, musical, and artistic works, as well as producers of films and sound recordings.
• It includes rights like reproduction, communication to the public, adaptation, and translation of the work.
• The key criterion for copyright protection is the originality of expression.
• Copyright is crucial for safeguarding the rights of authors and encouraging creativity in society.

Understanding Copyright Laws

• Copyright, often described as the "right to copy," is exclusive to the author or creator.
• Unauthorized copying of original work constitutes infringement under the Copyright Act.
• Copyright laws aim to balance the interests of creators and the community by providing necessary exceptions and limitations.
• The duration of copyright protection in India is typically life plus sixty years, varying by country.

Impact of Copyright on Creativity and Society

• Copyright protection fosters creativity by providing a conducive environment for creators to produce more work.
• While ensuring creators' rights, copyright laws prevent the indefinite ownership of creations, promoting social justice.
• Striking a balance between creators' interests and societal progress, copyright laws play a crucial role in fostering creativity.

Critical Aspects of Copyright Law

Copyright Protection Overview

• Copyright safeguards various forms of creative works such as scripts, photos, books, essays, films, music, and more.
• Originality is a key criterion for determining copyright eligibility.
• Only content worth copying can be copyrighted; mundane ideas or common phrases cannot be protected.

Scope of Copyright Protection

• Copyright protects the expression of ideas rather than the concepts themselves.
• For instance, an author detailing the process of building an aircraft receives protection for the specific expression, not the underlying idea itself.

Limitations of Copyright

• Copyright does not extend to titles, names, or short phrases, although exceptions may apply in certain cases.
• Notably, individuals like Shah Rukh Khan and A.R. Rahman have sought protection for their names and titles respectively.

Relationship with Other Intellectual Property Rights

• Copyright differs from patents, trademarks, and designs as it solely protects expressions.
• While copyright is less favored in some sectors, it remains vital in industries like film production.

Copyright Infringement

• Infringement occurs when a substantial part of a work is used without authorization, with quality often more critical than quantity.
• Important legal cases like Campbell Vs Acuff Ross Music Inc. highlight the nuances of copyright infringement.

Exemptions and Fair Use

• Specific exemptions exist for activities such as research, criticism, reporting, performances for non-paying audiences, and more.
• These exemptions aim to balance innovativeness among creators and the public interest.

Understanding Copyright

• Copyright is a legal provision that grants creators of various works like literature, music, art, and films a bundle of rights such as reproduction, public communication, adaptation, and translation.

Types of Works Protected by Copyright

• Literary works: This includes computer programs, tables, and compilations such as literary databases.
• Dramatic works
• Musical works
• Artistic works
• Cinematograph films
• Sound recordings

Foreign Works Protection

• The copyright of foreign works is safeguarded in India, extending protection to nationals of countries that are part of international agreements like the Berne Convention, Universal Copyright Convention, and TRIPS Agreement.
• Indian copyright laws protect foreign works under the International Copyright Order, treating them as if they were Indian works.

International Conventions on Copyright

• India is a member of several international conventions to ensure protection for Indian works in foreign countries, including:
• Berne Convention for the Protection of Literary and Artistic Works
• Universal Copyright Convention
• Convention for the Protection of Producers of Phonograms
• Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties
• Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement

Registration of Copyright

• Copyright protection is automatic upon the creation of a work and does not require any formal registration process.
• The certificate of registration and the details recorded therein act as primary evidence in legal disputes concerning copyright ownership.

Procedure for Registration

• Registration procedures are outlined in Chapter VI of the Copyright Rules, 1956.
• The steps for registration include:
  • Submission of Form IV along with necessary particulars and fees as per the Rules.
  • Separate applications for each work.
  • Payment of the prescribed fee for each application.
  • Signing of applications by the applicant or an authorized advocate.
• Both published and unpublished works are eligible for registration.
• In the case of unpublished works, sending a manuscript copy for stamping by the Copyright Office is required.
• For unpublished works, the applicant can choose to send extracts for registration instead of the entire manuscript.
• Requesting modifications in registration details is possible when an unpublished work is later published.

Advantages of Registration

• Registration creates a public record of the copyright claim.
• Before filing an infringement suit, registration is essential for works.
• Registration provides significant evidence in court regarding the copyright's validity and the details in the copyright certificate.
• If registered, statutory damages and attorney's fees are accessible to the copyright owner in legal proceedings. Otherwise, only actual damages and profits are available.
• Registration enables the copyright owner to register with Indian Customs for safeguarding against the importation of infringing copies.

Historical Progression of Copyright Law in India

The development of Copyright Law in India can be categorized into three distinct phases:

Phase 1: Introduction via British Copyright Act (1911)

• During British rule, the British Copyright Act of 1911 marked the inception of copyright law in India.
• Notably, the initial law had unique provisions such as a copyright term extending to the author's lifetime plus seven years post their demise, not exceeding a total of forty-two years.
• Additionally, compulsory licenses could be granted for publishing if the copyright owner declined post the author's death.
• Registration with the Home Office was mandatory for enforcing rights.

Phase 2: Copyright Act of 1914

• In 1914, the Indian legislature under British Raj introduced the Copyright Act of 1914, resembling the British Copyright Act of 1911.
• A pivotal change was the inclusion of criminal penalties for infringement.
• Subsequent amendments were made to this Act over time.

Phase 3: Indian Copyright Act, 1957

• The Indian Copyright Act of 1957 was enacted to align with the Berne Convention's provisions.
• This Act, enacted by Independent India, remains the primary legislation governing copyright in the country.

Ownership

• The person who creates a work is generally considered its owner and is entitled to the copyright.
• If a work is created by an employee in the scope of their employment, the employer typically owns the copyright, unless there is a specific agreement stating otherwise.
• In cases where a final work comprises multiple copyrightable elements, such as a film with music, lyrics, and dramatic works, different creators may own rights to different parts:
  • For a musical work, the composer is typically the author.
  • In the case of a cinematograph film, the producer is usually the owner.
  • The producer usually owns the copyright for a sound recording.
  • The creator of a photograph is considered the owner of the copyright.
  • For computer-generated works, the individual responsible for its creation is typically the owner.
  • The writer usually owns the copyright for a script.
• If a work is created by an employee during the course of their employment, the employer generally owns the copyright related to the publication and reproduction for publication purposes. However, the author retains ownership rights in other aspects of the work.
• For example, if a composer copyrights their music and then licenses it to a film production, the composer remains the owner of the work.

Concept of Originality

• The Indian Copyright Act, under Section 13, protects copyright in various works like dramatic, artistic, musical creations, cinematographic films, and sound recordings.
• The Act does not explicitly define "originality," but Indian courts have drawn on doctrines from foreign courts.
• The 'sweat of the brow' theory, established in the case of Macmillan & Company Ltd. v. Cooper, emphasizes that copyright arises from the effort and skill invested in a work, not necessarily from inventive ideas.
• In India, the 'sweat of the brow' theory was endorsed in the case of Burlington Home Shopping v. Rajnish Chibber, affirming that copyright can be attributed to compilations based on the labor, time, and skill invested.
• Subbaraya Aiyar Telephone Services introduced the concept of a minimum modicum of creativity, requiring works to be independently created with a certain level of creativity to be deemed original.
• The Indian Supreme Court, in Eastern Book Company v. D.B. Modak, established an originality standard between 'sweat of the brow' and 'minimum modicum of creativity', aligning with the Canadian Supreme Court's stance in CCH Canadian Ltd. v. Law Society of Upper Canada.

Understanding Copyright Law Concepts

Originality Standard

• The concept of originality in copyright law is based on the exercise of skill and judgment.
• 'Skill' refers to the use of one's knowledge or developed ability in creating a work.
• 'Judgment' involves the capacity for discernment or forming an opinion during the creation process.
• Creativity is not a mandatory requirement for a work to be considered 'original'.
• The standard mandates that the work should not be a mere mechanical exercise or a direct copy of another work.

Ownership Rights

• Reproduction: The copyright owner has the exclusive right to reproduce the work. Unauthorized reproduction, including making copies or substantial parts of the work, is a violation of copyright. For instance, making multiple copies of a film CD without permission is a copyright infringement.
• Communication: Communication to the public involves making a work available for public consumption. The work does not need to be directly accessed by the public; accessibility is sufficient for it to be considered communication to the public. For example, a cable operator transmitting a film that may not be directly viewed by anyone is still considered communication to the public.
• Adaptation: Adaptation entails creating a new work based on an existing work. Examples of adaptation include converting a dramatic work into a non-dramatic form or vice versa. Similarly, converting a literary or artistic work into a dramatic form also falls under adaptation.
• Re-arrangement of a Literary or Dramatic Work: Refers to restructuring or reorganizing a literary or dramatic piece to present it in a different format without changing the core content.
• Depiction in a Comic Form or Through Pictures of a Literary or Dramatic Work: Illustrating a literary or dramatic work using comic strips or visual representations to convey the storyline or essence of the original work.
• Transcription of a Musical Work or Any Act Involving Re-arrangement or Alteration of an Existing Work: Involves converting a musical piece into a different format or making alterations to an existing work while maintaining the essence of the original creation.
• Example: The book "Five Point Someone" by Chetan Bhagat was adapted into a film called "3 Idiots" in Hindi. The film borrowed the concept from the book but made alterations to suit the cinematic medium and audience preferences, highlighting the adaptation of ideas rather than a direct expression.
• Translation: Authors hold the exclusive right to translate their works into other languages. Any individual interested in translating a work must obtain prior permission from the copyright owner before proceeding.
• Example: A film originally produced in English can be dubbed or remade in another language only with the consent of the copyright owner. Unauthorized translations or adaptations without permission violate copyright laws.

Life of Right

Duration of Copyright in India

• Original Literary, Dramatic, Musical, and Artistic Works: Copyright protection lasts for 60 years following the death of the author. In cases of joint authorship, the term is calculated from the demise of the last surviving author.
• Posthumous Work: Works published after the author's death are protected for 60 years from the year of publication.
• Anonymous and Pseudonymous Publications: Copyright extends for 60 years from the beginning of the calendar year following the publication year.
• Photographs: The protection period for photographs is 60 years from the year following the publication of the photograph.
• Work of Government, Public Undertaking, and International Organizations: Copyright lasts for 60 years from the year following the work's creation.
• International Organisation: Cinematographic film
• Publication: 60 years from the post calendar year of the release of the film

Distinction between Copyright, Patent, Trademark

• A copyright protects the expression of a person's ideas. It covers creative works like writing, computer programs, music, graphic designs, and movies. The expression must be original, not a copy of someone else's work.
• For example, a copyright protects a photographer's rights to their photographs, ensuring that others cannot use these photos without permission.
• In contrast, a patent protects novel inventions that are useful and non-obvious. It prevents others from making, using, or selling the patented invention without permission.
• For instance, if someone invents a new type of engine that is more efficient than existing models, they can apply for a patent to protect their invention.
• A trademark safeguards the identity of a product or service. It distinguishes the origin of goods or services and is not the thing itself.
• For instance, a company logo serves as a trademark, representing the company's brand and informing consumers about the product's source.
• Mr. X invents a unique plane capable of traveling in both the atmosphere and space. He obtains a patent for the plane due to its novelty and usefulness. He then uses the "X" symbol as a trademark on his plane to indicate its origin.
• If Mr. X decides to write a book about his invention and includes a CD, the expression in the book and CD is protected under copyright law.

Differences Between Copyright, Patent, and Trademark

• Copyright protection is automatic upon creating a work.
• Registration is required to defend the protection, but not to establish copyright.
• Copyrights typically last for the creator's lifetime plus sixty additional years.
• After expiry, the work enters the public domain and can be freely copied by anyone.
• Copyright is usually territorial, valid within the country of origin.

Patent

• Patent protection begins upon successful registration, which is not automatic.
• A patent lasts for twenty years from the application date.
• Once a patent expires, it cannot be reinstated.
• Patents are internationally recognized.

Trademark

• Trademark rights are established through registration approval.
• Trademarks can potentially last indefinitely through renewal.
• Trademark protection allows for brand distinction, preventing consumer confusion.
• Unlike copyrights or patents, trademarks do not expire but require renewal.
• Trademark laws have an international scope.

Overlap between Copyright, Patent, and Trademark

• There is potential overlap among copyright, trademark, and patents, particularly between copyright and trademark.
• For instance, if you create a picture, it is safeguarded by copyright. If someone intends to use that picture as a logo for their company, it could also be considered a trademark.
• The picture can enjoy both copyright and trademark protection simultaneously, each serving different enforcement purposes based on the nature of the violation.
• If the picture is merely copied, it constitutes a copyright infringement. However, if it is used to promote a different product, it may also be a trademark infringement.

Licensing

• Copyright owners have the option to grant licenses, allowing others to exploit their work for financial gain.
• A license differs from an assignment, as the licensee receives specific rights outlined in the agreement without obtaining ownership of those rights, unlike in an assignment.

Voluntary Licensing

• The owner of the copyright in any present or future work can offer interests in the work through a license.
• Regarding future works, the license becomes effective only upon the creation of the work.
• For a license to be valid, it must be written and signed by the owner or an authorized agent.
• If the individual to whom a license related to a future work passes away before the work is created, their legal representative is entitled to the benefits of the license.

Components of a License Agreement

• Identification of the licensed work
• Duration of the license
• Extent of the license geographically
• Amount of royalty to be paid
• Terms concerning the revision, extension, and termination of the license

Compulsory Licensing

• Dispute resolution regarding licenses is handled by the Copyright Board or through arbitration.
• Sub-licensing and related matters are subject to certain conditions.

Compulsory Licensing Overview

• Compulsory Licensing can be enforced under specific circumstances for both published and unpublished works.
• It allows for production, publication, or translation of the work.
• Procedures for compulsory licensing differ between Indian and foreign works.

Compulsory Licensing on Published Works

• For Indian works published or performed publicly, compulsory licenses can be sought by filing a complaint with the Copyright Board.
• Reasons for obtaining compulsory licenses include refusal by the owner to allow republication, public performance, or communication of the work.
• Example: If an author declines to permit a public performance of their work, a compulsory license may be requested to ensure the work is accessible to the public.

Compulsory Licensing on Unpublished Works

• Compulsory licenses for unpublished works can be obtained by applying to the Copyright Board in certain situations such as when the author is deceased, unknown, or untraceable.
• Example: If an author has passed away without specifying the terms of publication, compulsory licensing may be pursued to bring their unpublished work to the public domain.

Publication Requirement for Unpublished Works

• Before applying for copyright of an unpublished work, the applicant must first publicize their intention.
• The proposal should be advertised in a widely circulated English newspaper and a newspaper in another language.

Compulsory Licensing in Copyright

• Compulsory licensing in copyright is rarely enforced, especially for books and films.
• Recently, compulsory licensing has been applied to Patents, which faced opposition from foreign entities.
• This measure, backed by international agreements like the Vienna Conventions and TRIPS, aims to make foreign works more accessible to the public at reduced costs.

Cancellation of License

The Copyright Board holds the authority to revoke a license under certain circumstances:

• The licensee fails to translate and publish the work within the stipulated timeframe.
• The license was secured through fraudulent means or by hiding crucial information.
• The licensee breaches any terms or conditions of the license agreement.

Assignment of Copyright

• Ownership of copyright can be transferred either wholly or partially, for the entire duration or a portion thereof.
• An individual can assign copyright rights when a work is created, with specific rights attributed to different types of works.
• Authors/owners enjoy various rights, including Economic and Moral rights.
• Copyright interests can be granted through licenses, and prospective owners can assign rights to others, effective upon the work's creation.

The Requirements for a Valid Assignment

• It must be in writing.
• It should be signed by the Assignor.
• The copyrighted work must be identified and must specify the rights assigned.
• It should include terms regarding revision, royalty, and termination.
• Specify the amount of royalty payable, if any, to the author or his legal heirs.
• If the Assignee does not exercise the rights assigned within one year, the assignment is deemed lapsed unless otherwise specified.
• If the assignment period is not stated, it is deemed to be five years from the date of assignment.
• If no geographical limits are specified, it is presumed to extend within India.
• If the territorial extent of assignment is not specified, it is presumed to extend within the whole of India.

Additional Steps for Registered Copyright

• The Assignee must apply for registration of changes in the copyright details in Form V under Copyright Rules, 1958.
• Attested copies of the assignment deeds should be enclosed with the application.

Difference between Assignment and License

• Assignment and license are two forms of contracts for exploiting copyright work.
• License is an authorization of an act, while assignment involves the disposal of copyright.
• Licensing usually involves some rights, not the entire work.
• License can be exclusive or non-exclusive, whereas an assignment is a transfer of rights.

Copyright Assignment vs. Licensing

• When someone assigns copyright to another person (assignee), they transfer ownership of the copyright.
• The assignee becomes the owner of the assigned rights, while the original owner retains ownership of the remaining rights.
• Assignments can be for the entire duration of the copyright or a shorter period.
• In licensing, the ownership always remains with the licensor.

Rights and Actions

• A licensee can collaborate with the copyright owner in infringement actions against third parties.
• In the case of licensing, a bonafide purchaser without knowledge of a previous licensee is not affected by the license.
• With assignment, the assignee can independently take legal action against third parties.
• If a licensee does not protect their interests, they can sue the licensor for breach of contract.

Limitations and Revocation

• A licensee has the right to make alterations unless explicitly restricted by the license.
• Failure to pay royalties can lead to the revocation of the license.
• Harsh terms affecting the author's rights can lead to revocation upon complaint to the copyright board.

Ownership and Rights

• When an assignee becomes entitled to rights within the copyright, they are treated as the owner of those assigned rights.
• The assignor remains the owner of the rights not assigned.
• Legal representatives are entitled to future works if a licensee dies before the work is created.
• The assignment of copyright can include the assignee's legal representatives if the assignee passes away before the work's creation.

Mode of Assignment

• No assignment of copyright is valid unless it is in writing and signed by the assignor or their authorized agent.
• The assignment must identify the work, specify the rights assigned, duration, territorial extent, and amount of royalty payable to the author.
• If the period and territorial extent are not stated, they are presumed to be five years and within India, respectively.
• If the assignee does not exercise the rights within one year, it is deemed to have lapsed unless specified otherwise.
• The assignor can complain to the copyright board if the assignee fails to exercise the rights sufficiently.
• If the terms of assignment are harsh to the assignor, it can be revoked after five years.

Assignment Disputes and Copyright

• If there is a dispute regarding the assignment, the same procedure is followed, including recovery of any royalty payable.
• In the case of unpublished work, the author must be a citizen of India or domiciled in India at the time of creation.
• Copyright in an architectural work only subsists if the work is located in India, regardless of the author's nationality.

Infringement

In dealing with copyright, it's important to note that copyright protects originality, not novelty. It safeguards the expression, not the idea behind it. For instance, a Telephone Directory with names, addresses, and phone numbers listed alphabetically cannot be protected as it's the only method of expressing that information. This concept is known as Idea-Expression Dichotomy.

Key Factors for Infringement

• Ownership of Copyright must be proven.
• The infringer has copied substantially similar content.

Establishing ownership is the first step, followed by proving actual infringement. If copies are made and commercially exploited without authorization, infringement is evident. The focus is on proving ownership and substantial similarity in cases of infringement.

Understanding Copyright Infringement

• The plaintiff needs to demonstrate two key points to prove infringement:
  • The defendant directly copied from the plaintiff's work.
  • The elements copied, when considered together, amount to improper appropriation.
• Direct evidence of copying is often unavailable, so courts allow copyright owners to prove copying through circumstantial evidence.
• Inferences from the defendant's access to the plaintiff's work and similarities between the two works are commonly used.

Examples of Copyright Infringement Cases

Case 1: Super Cassette Industries Vs Nodules Co. Ltd.

• In this case, playing a cassette in a hotel by the defendant constituted copyright infringement.
• The act was deemed a clear violation of the author's copyright.

Case 2: Roma Mitra Vs State of Bihar

• A student provided work to a guide who then published it as their own, leading to substantial similarity and copyright infringement.

Case 3: Ty Ink Vs GMA Accessories

• The court held that the similarity between works was unlikely to be a result of independent creation, indicating evidence of access.
• There exists a significant relationship between proof of access and similarity, subject to certain limitations.

Key Limitations

• Proof of access and similarity are interrelated in copyright infringement cases.
• This relationship is bound by specific constraints.

Case: S.K. Dutt vs Law Book Co. And Ors. 17

• Substantiality in copyright infringement: Should be more than half of the total work.
• Court ruling: Copying half of the work with the remaining being original work does not constitute infringement.
• Key principles:
  • "If there are no similarities, no amount of evidence of access will suffice to prove copying."
  • "If evidence of access is absent, the similarities must be so striking as to preclude the possibility that plaintiff and the defendant arrived at the same result."
• Conditions to prove infringement:
  1. Closely Similarity
  2. Unlawful
  3. Some connection
  4. Access to original work

Tests Applied - Subbaraya Aiyar

The Protected Expression Test:

• First test for improper appropriation: Identify if the defendant's work copies any protected expression from the plaintiff's work.
• Exclude elements not protectable under law (e.g., Idea-Expression Doctrine, Scenes a faire).
• Court procedure: Separate these elements from the allegedly copied work.
• Determining protectable expression: Differentiate between ideas and protected expression.
• Challenging task: Judge must determine the boundary between unprotectible ideas and protected expression.
• Judicial precedent: Nichols v. Universal Pictures Corp. - Emphasis on distinguishing between ideas and expression.

Plagiarism and Copyright Law

• When a plagiarist does not copy a block verbatim but creates an abstract of the whole work, determining infringement becomes more challenging.
• Numerous abstract versions can fit equally well, especially in works like plays, as more details are omitted.
• Copyright protection is not extended to general ideas or concepts but to the specific expression of those ideas.
• For instance, a telephone directory listing names, addresses, and phone numbers in alphabetical order cannot be protected by copyright as there is no other way to express this information.
• However, if a work is found to be copied, the court may grant injunctions and other remedies to protect the original creator's effort.
• Courts may restrict the use of copied information for a certain period, typically 3-4 years, depending on the time required to generate the data.

Legal Precedents

• In the case of 20th Century Fox Interstate Ltd vs Zee TV Ltd, copying TV show formats was not considered infringement due to the Idea-Expression Dichotomy.
• The case of Campbell vs Acuff Ross Music Inc. highlighted that copying a famous song's first line did not constitute infringement if the rest of the work was original.
• The University of Oxford and Ors. vs. Rameshwari Photocopy Services and University of Delhi case involved the distribution of compiled content from various publishers to students, raising concerns of infringement.