Copyrights

Introduction: Copyright is a form of Intellectual Property Right (IPR) that provides legal protection to the creators of original literary, artistic, musical, and dramatic works. It safeguards the expression of ideas, not the ideas themselves, and aims to encourage creativity by granting creators exclusive rights over the use of their works.

Definition: Copyright is a bundle of exclusive rights granted to the author or creator of an original work, enabling control over its reproduction, publication, communication, adaptation, and distribution for a specified period.

Copyright Law in India

• Copyright in India is governed by the Copyright Act, 1957.
• The Act applies throughout India.
• It has been amended several times to address technological developments, with a major amendment in 2012.
• Copyright protection is automatic and does not require registration.

Subject Matter of Copyright; Copyright protects the following categories of works:

• Literary Works: Books, research papers, lecture notes, Computer programs and databases
• Dramatic Works: Plays, scripts, choreography
• Musical Works: Musical compositions (not sound recordings)
• Artistic Works: Paintings, drawings, photographs, sculptures
• Cinematograph Films: Feature films, Documentaries, Short films and animations
• Sound Recordings: Songs, Speeches, Musical and non-musical recordings

Ownership of Copyright

• The author is generally the first owner of copyright.
• In certain cases (employment, commissioned work), ownership may vest in the employer or commissioning party, unless otherwise agreed.

Rights of a Copyright Owner

Copyright grants two categories of rights:

(a) Economic Rights

• Right of reproduction
• Right of distribution
• Right of communication to the public
• Right of adaptation and translation
• Right to license or assign the work

(b) Moral Rights

• Right of authorship (right to claim authorship)
• Right of integrity (protection against distortion or mutilation)

Duration of Copyright (India)

• Literary, artistic, musical, and dramatic works: Life of the author + 60 years
• Cinematograph films and sound recordings: 60 years from the year of publication
• Anonymous and pseudonymous works: 60 years from publication

Registration of Copyright

• Registration is not compulsory.
• Copyright exists from the moment the work is created.
• Registration serves as prima facie evidence in legal disputes.

Copyright Infringement

• Copyright infringement occurs when a protected work is used without authorization in a manner that violates the exclusive rights of the owner.
• Common Acts of Infringement: Unauthorized copying or reproduction, Piracy, Illegal distribution or public performance
• Remedies: Injunction, Damages or compensation, Seizure and destruction of infringing copies

Fair Dealing (Limitations and Exceptions)

The law allows limited use of copyrighted works without permission for:

• Private study and research
• Criticism and review
• Reporting of current events
• Educational and academic purposes (within limits)

Copyright in Education and Research

• Protects textbooks, academic publications, teaching materials, and software.
• Encourages academic creativity and originality.
• Prevents plagiarism and unauthorized reproduction.

Importance of Copyright

• Encourages creativity and innovation
• Protects moral and economic interests of authors
• Supports cultural, educational, and creative industries
• Promotes dissemination of knowledge with legal safeguards

Facts about Copyrights

• Copyright is an Intellectual Property Right (IPR).
• It protects the expression of ideas, not the ideas themselves.
• Copyright arises automatically on creation of the work.
• Registration of copyright is not mandatory.
• Indian copyright law is governed by the Copyright Act, 1957.
• Latest major amendment: 2012.
• Copyright applies throughout India.
• Author is generally the first owner of copyright.
• Copyright can be assigned or licensed.
• Copyright provides economic and moral rights.
• Moral rights include right of authorship and right of integrity.
• Copyright protects literary, artistic, musical, and dramatic works.
• Computer programs are treated as literary works.
• Cinematograph films and sound recordings are copyrightable works.
• Copyright duration for literary works: Life of author + 60 years.
• Duration for films and sound recordings: 60 years from publication.
• Copyright infringement is unauthorized use of a protected work.
• Remedies include injunction, damages, and seizure.
• Fair dealing allows limited use without permission.
• Copyright prevents piracy and plagiarism.
• Copyright encourages creativity and innovation.
• Copyright supports education, culture, and research.
• Copyright is territorial in nature.
• Copyright protection is time-limited, not perpetual.
• Copyright owner can commercialize the work.