The Copyright Act, 1957 - 2 | Civil Law for Judiciary Exams PDF Download

Legal Concepts in Copyright Law

Suit by Publishers

• Oxford University Press, Cambridge University Press, and Taylor & Francis filed a suit.
• Issue: University copied copyrighted work, potentially infringing on the rights.
• Dilemma: Copying for academic purposes under fair dealing but for consideration, not fair use.
• Current Status: Case pending court decision.

Audience Test

• To prove infringement, plaintiff must show audience finds defendant's work substantially similar to plaintiff's.
• Referred to as "audience test" or "ordinary observer test."
• Standard Perspective: Works must be indistinguishable to a layman.

Contributory Infringement

• Occurs when copyrighted work is duplicated without owner's consent or lawful excuse.
• Example: Making unauthorized copies or aiding in copyright violations.
• Legal Precedents:
  • Case of A&M Records, Inc. v. Napster, Inc.: Defendant held liable for enabling music file sharing.
  • Case of Sony Corp. of America v. Universal City Studios, Inc.: Ruling on copyright infringement vs. fair use.

Acts not Constituting Infringement

• Legal Exceptions to Copyright Violations.
• Example: Making individual copies for time-shifting purposes considered fair use.

Acts Not Constituting Infringement under Copyright Act

• Fair Dealing: Examples include criticisms, personal use, newspaper reports, reviews, etc.
• Adaptation of Computer Program
• Judicial Proceedings
• Exclusive work of a member of the House of Legislature
• Non-Corporate Matter for institutional purposes
• Question Papers
• With Consent
• Non-paying Audience
• Issue being a Current Topic such as economic, social, political, etc.
• Making less than 3 copies
• Research or Private Study
• Available in the Official Gazette
• Report of committee or Commission Specialists
• After the expiry of Copyright

Fair Use Criteria

• Purpose and Character of Use: Consider whether the use is commercial or for nonprofit educational purposes.
• Nature of the Copyrighted Work: Evaluate the type of work being used.
• Amount Used: Assess how much of the copyrighted work is being utilized in relation to the whole.
• Effect on Market Value: Determine the impact of the use on the market value of the copyrighted work.

Overview of Fair Use

• Fair use is a concept that depends on the specific circumstances of each case, particularly in copyright infringement scenarios.
• The court's primary role in a fair use case is to determine if the defendant used copyrighted material reasonably or if they exploited the original work of the copyright holder.
• Several factors need to be considered by the court before reaching a decision in a fair use case.

Role of Purpose and Character

• The purpose and character of the use are crucial in assessing copyright infringement.
• If the defendant's use of the material aligns with justifiable or excusable purposes under the Copyright Act, it may not be considered infringement.
• Each fact should be carefully evaluated when determining fair use.

Illustrative Example

• Consider a scenario where one person writes a book titled "Mother's Care" and copyrights it. Another individual then writes an article on the same topic for a non-paying audience, focusing on the care of mothers towards children.
• While this might seem like infringement, in this case, it could be deemed fair use since the content is aimed at a non-paying audience without any commercial intent.

Case Study: Harper & Row v. Nation Enterprises

• In this case, The Nation magazine published verbatim quotes from former President Gerald Ford's memoir without permission.
• The Nation argued that as Ford was a public figure, the public interest in his reasons for pardoning Nixon made the use fair.
• However, the court ruled that being a public figure does not automatically justify fair use when appropriating work without permission.

Legal Precedent: Eastern Book Company Vs D.B.Modak

• In this case, the plaintiff included court judgments and synopses in their work, leading to a debate on copyright ownership.
• The question arose whether judgments could be copyrighted by an individual.
• This case illustrates the complexities surrounding copyright and fair use in legal contexts.

Copyright Law and Judgment

• Head notes alone are considered for copyright, not the judgment itself.

Liability Determination

• Nature of use by the defendant is crucial in determining liability.
• Infringement occurs if the defendant exploits the plaintiff's work or defames the author.
• Example: In Phoolan Devi v. Shekhar Kapoor, the defendant was restrained from exhibiting the film "Bandit Queen" due to violation of the plaintiff's privacy.

Author's Rights Protection

• Section 57 of the law extends beyond material gains of copyright to protect the author's work.
• Authors can restrain distortions of their work in various forms, not limited to literary reproduction.
• Example: In Smt. Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd., the court directed modifications to the film to preserve the integrity of the original novel.

Factual Matters and Copyright Infringement

• In cases involving factual matters, infringement is limited as facts themselves cannot be copyrighted. Merely copying facts does not constitute infringement. For instance, news content cannot be claimed to be copied.
• Copyright protection extends to expressions of ideas rather than the ideas themselves. For example, if someone writes a story and another person rewrites it using different words but retains the same characters and situations, it may not be considered infringement.

Establishing Infringement in India

• In India, infringement is typically determined by a holistic comparison of two works. While ideas themselves are not protected, similarities in ideas between works may be considered by the courts.
• The law in India focuses more on the overall "look and feel" or the "Lay Observer Test" of a work, as perceived by a layperson, to establish infringement.

Substantial Changes and Originality

• Making substantial changes to an original work or modifying it to cater to a specific audience may not constitute infringement. For example, transforming a book into a movie with alterations to suit different audiences can result in an original work.

Copying Fictional Stories

• Blatantly copying a fictional story may lead to infringement, but if the copying is common to the genre, it may not be considered infringement. Certain elements like scenes or characters that naturally occur may not be copyrighted.

Effect on the Author and Defenses

• The act of the defendant must have a negative impact on the author to constitute infringement. If the defendant's actions harm the author's reputation, competitiveness, or rights under the Copyright Act, it may be deemed infringement.

Defenses Available for the Defendant

Not Copyrightable: Certain elements or works may not be eligible for copyright protection.

Copyright Law: 

• Consent: Refers to the permission required to use copyrighted material.
• Public Interest: Pertains to acts permitted for public benefit.
• Permitted acts: Activities allowed under copyright law.
• Fair Dealings: Involves fair use of copyrighted material.

Examples of Fair Dealing:

• In the case of Hubbard v. Vosper 28, the court emphasized the subjective nature of fair dealing. It is not a straightforward concept but depends on various factors such as the amount and purpose of the material used.
• Fair dealing includes using copyrighted material for purposes like comment, criticism, or review. However, using it to replicate the original work for a competing purpose may be considered unfair.
• The determination of fair dealing is case-specific and relies on the circumstances and facts of each case before the court.

Computer Programs:

• In India, intellectual property rights for computer software are protected under copyright law, unlike the United States where they receive patent protection.
• The Indian Copyright Act of 1957 safeguards the copyright of computer software. Significant amendments in 1994 made Indian copyright law stringent.

Copyright Act Amendments in India (1994)

• The amendments to the Copyright Act introduced in June 1994 were a significant milestone in India's copyright landscape.
• Main highlights of the amendments include:
  • Clear explanation of the rights held by a copyright owner.
  • Stipulations regarding the rental of software.
  • Recognition of a user's rights to create backup copies.
• Key aspects of the Copyright Act amendments:
  1. Section 14 prohibits the unauthorized reproduction or distribution of copyrighted software.
  2. Violators can face legal action under civil and criminal law.
  3. Legal actions may involve seeking injunctions, actual damages, statutory damages, and fines.
  4. Severe penalties, including fines and imprisonment, are imposed for software copyright infringement.
• Legal Cases:
  • In Whelan Associates Inc. v. Jaslow Dental Laboratory, Inc., the court ruled in favor of protecting the Structure, Sequence, and Organization (SSO) of software.
  • Black Box Test: Understanding a program's functionality solely by observing its output.
  • In Computer Associates International, Inc. v. Altai, Inc., a three-tier test was established to determine software copyright infringement, including Abstraction and Filtration.

Comparison

• When a court addresses a potential copyright infringement involving a program, the initial step is to dissect the program into its fundamental structural components. This dissection helps in separating ideas from expressions through abstraction.
• Subsequently, the court scrutinizes each of these expressions, considering exceptions like the Merger Doctrine. It also accounts for expressions that are necessarily incidental to ideas and those that are part of public knowledge, available in the public domain. By doing so, the court can eliminate non-protectable material.
• After eliminating non-protectable elements, the court is left with the core creative expressions. The final step involves comparing these copyright-protected expressions with the allegedly infringing program. This comparison resembles the 'substantial similarity' test.
• The comparison method echoes similarities between the approach outlined in the Altai case and the traditional tests applied in other contexts

Protection of Computer-Aided Software (CAD) in India

• The Indian government has proposed safeguarding Computer-Aided Software (CAD) under patent laws rather than copyright laws. This shift aims to promote innovation in software development.
• Copyright protection focuses solely on expressions, leaving concepts like Structure, Sequence, and Organization uncovered. It does not safeguard the creator's inventive or innovative ideas.
• Under the Patents Act, a Computer Program itself cannot be patented. Instead, software designed specifically in relation to hardware would be eligible for protection under the Patents Act.

Taxation Specialists

Remedies

Civil Remedies

• Interlocutory Injunction: A critical civil remedy, often sought at the start of legal actions. It is a temporary measure that can prevent further actions until a final judgment is made.
• Other civil remedies include actual damages, conversion, attorney's fees, accounts of profits, and delivery up of infringing material.

• The principles governing the grant of interlocutory injunctions were extensively deliberated in the landmark English case of American Cyanamid v Ethicon Ltd [1975] AC 368 (HL(E)].
• Post this case, it was established that the fundamental prerequisites for interim injunctions include:
  • Prima facie case
  • Balance of Convenience
  • Irreparable injury
• In Series 5 Software Ltd. v Philip Clarke & Others, Laddie J reassessed these principles and approached Cyanamid's decision anew.
• It was highlighted by the learned judge that the grant of an interlocutory injunction is discretionary and contingent upon the specifics of each case.
• No rigid regulations exist; the court should seldom delve into resolving intricate disputes of fact or law.
• Key considerations encompass the adequacy of damages as a remedy, the opposing party's financial capacity, the balance of convenience, the preservation of the status quo, and the court's assessment of the parties' case strengths.
• Emphasis is placed on the case's merits, potentially leading to a non-binding judicial opinion on the merits. This approach may prolong the interlocutory injunction application hearing due to possible merit-based evidence submission, yet it could prematurely conclude the primary action.

Pecuniary Remedies

• Within the Copyright laws of certain nations like the United Kingdom, the plaintiff must choose between damages and an account of profits, notwithstanding recent legal developments.

Legal Concepts in Intellectual Property

• Split Trials in Copyright Cases: In legal cases such as Baldock v Addison [1994] FSR 665 and Island Records v Tring International Plc [1995] FSR 560, courts allow for split trials. This means that the trial can be divided into phases. Initially, liability is determined. Once liability is established, the plaintiff can seek discovery to make an informed decision between remedies like damages or account of profits.
• Additional Statutory Damages: As seen in Cala Homes (South) Ltd. v Alfred McAlpine Homes East Ltd [1995] FSR 818, it is possible to receive additional statutory damages even if the plaintiff chooses account of profits as a remedy.
• Remedies under the Indian Copyright Act, 1957: Under Sections 55 and 58 of the Indian Copyright Act, three remedies are available to the plaintiff:
  • Account of profits
  • Compensatory damages
  • Conversion damages, which are based on the value of the converted article
• Anton Piller Order: The Anton Piller Order, named after a Court of Appeal decision, involves:
  • An injunction to prevent the defendant from dealing with infringing goods
  • Permission for the plaintiff's solicitors to enter the defendant's premises, search, and secure goods
  • A directive for the defendant to disclose supplier and customer information within a specified timeframe
• Mareva Injunction: A Mareva Injunction is a court order that freezes a defendant's assets temporarily to prevent them from disposing of assets and evading judgment.

Powers of Copyright Board
The Copyright Board functions at a level comparable to a High Court judge.
Its powers include:

• Hearing appeals against the Registrar of Copyright's decisions.
• Handling applications for rectifying entries in the Register of Copyrights.
• Adjudicating disputes related to copyright assignments.
• Granting compulsory licenses for publishing works under specific circumstances.
• Granting compulsory licenses for translating literary or dramatic works after seven years from initial publication.
• Resolving disputes on publication status, publication date, or copyright duration in other countries.
• Establishing royalty rates for sound recordings under cover-version provisions.
• Fixing resale rights for original copies of artistic works.

Registrar of Copyrights

The Registrar of Copyrights possesses powers akin to a civil court when handling suits under the Code of Civil Procedure. Responsibilities include:

• Summoning individuals for testimony and oath-taking.
• Requesting document discovery and production.
• Accepting evidence through affidavits.
• Issuing commissions for witness or document examination.
• Requesting public records from courts or offices.
• Addressing other matters specified by regulations.

Copyright Society

A Copyright Society, a registered collective administration society, is established by copyright owners as a group. Key points include:

• Minimum membership requirement for society registration is seven.
• Usually, only one society is registered for business per class of works.

Copyright Society Functions

• Definition of Copyright Society
  • A copyright society is authorized to grant licenses for works protected by copyright or other rights under the Copyright Act.
• Functions of a Copyright Society
  • 1. Issuing Licenses
    • A copyright society issues licenses for the rights it manages.
  • 2. Collecting Fees
    • It collects fees related to the licenses it issues.
  • 3. Distributing Fees
    • After deducting administrative costs, a society distributes collected fees to copyright owners.
• Multiple Licenses Requirement
  • Often, obtaining licenses from more than one society is necessary. For instance, playing a music recording may require licenses from different societies for public performance and playing the records.