Class Notes on Intellectual Property Rights-II – Unit I
Indian Copyright Law
Introduction and Overview of Copyright
Definition:
- Copyright: A legal right granted to the creator of original works, providing exclusive rights to use, distribute, and monetize their creations.
Purpose:
- Protection of Creators: Ensures that creators can control and benefit from their creations.
- Encouragement of Creativity: Promotes the production and distribution of creative works.
Historical Context:
- Early Concepts: The concept of copyright dates back to ancient civilizations, where creators had limited control over their works.
- Modern Development: The modern copyright system began with the Statute of Anne (1710) in England, which was the first law to grant authors exclusive rights to their works.
Nature of Copyright
Salient Features of Copyright Act (1957):
- Legislation: Governed by the Copyright Act, 1957, and its subsequent amendments.
- Duration: Provides protection for a specified period, after which the work enters the public domain.
- Exclusive Rights: Grants authors exclusive rights to reproduce, distribute, perform, and adapt their works.
Subject Matter of Copyright:
- Literary Work:
- Definition: Includes novels, articles, computer programs, and other written material.
- Examples: “Harry Potter” series, academic journals.
- Dramatic Work:
- Definition: Includes scripts, plays, and choreographic works.
- Examples: Shakespeare’s plays, dance choreography.
- Musical Works:
- Definition: Includes compositions, both with and without lyrics.
- Examples: Beethoven’s symphonies, Bollywood film songs.
- Artistic Works:
- Definition: Includes paintings, drawings, sculptures, and architectural works.
- Examples: Mona Lisa, Taj Mahal blueprints.
- Cinematographic Films:
- Definition: Includes films, documentaries, and any audiovisual works.
- Examples: “The Godfather,” “Lagaan.”
- Sound Recordings:
- Definition: Includes recordings of sounds or musical compositions.
- Examples: Recordings of live concerts, studio albums.
- Computer Software:
- Definition: Includes computer programs and software applications.
- Examples: Microsoft Windows, Adobe Photoshop.
Term of Copyright:
- General Duration: Copyright protection generally lasts for the lifetime of the author plus 60 years.
- For Cinematographic Films: 60 years from the year of publication.
- For Sound Recordings: 60 years from the year of publication.
Case Example: R.G. Anand v. M/s Delux Films AIR 1978 SC 1613 – Discussed the duration and scope of copyright protection in India.
Author and Ownership of Copyright
Author:
- Definition: The person who creates the original work.
- Rights: The author is typically the initial owner of copyright.
Ownership:
- Assignment: Authors can assign their rights to others through contracts.
- Transfer: Copyright can be transferred either wholly or partially.
- Works for Hire: In the case of works created in the course of employment, the employer is considered the author.
Case Example: Indian Performing Right Society Ltd v. Sanjay Dalia [2004] – Clarified issues related to the ownership of copyright in commissioned works.
Rights Conferred by Copyright
- Economic Rights:
- Reproduction Right: Right to make copies of the work.
- Distribution Right: Right to distribute copies to the public.
- Public Performance Right: Right to perform the work publicly.
- Adaptation Right: Right to adapt or transform the work into another form.
- Moral Rights:
- Right to Attribution: Right to be identified as the author of the work.
- Right to Integrity: Right to prevent distortion or modification of the work.
Case Example: Delhi University v. Rameshwari Photocopy Services [2016] – Examined the economic and moral rights of authors and their enforcement.
Assignment, Transmission, and Relinquishment of Copyright
Assignment:
- Definition: The transfer of copyright ownership from one person to another.
- Requirements: Must be in writing and signed by the assignor.
Transmission:
- Definition: Transfer of copyright by way of inheritance or bequest.
Relinquishment:
- Definition: Voluntary surrender of rights by the copyright owner.
- Limitations: Relinquishment must be done in accordance with legal procedures and does not usually involve the complete abandonment of rights.
Case Example: Saregama India Ltd. v. Mysore Sales International Ltd [2008] – Discussed issues related to the assignment and transmission of copyright.
Infringement of Copyright
Definition:
- Copyright Infringement: Unauthorized use of a copyrighted work that violates the exclusive rights of the copyright owner.
Types:
- Direct Infringement: Direct copying or use of the work without permission.
- Secondary Infringement: Indirect infringement through enabling or facilitating another person’s infringement.
Examples:
- Unauthorized Copying: Making copies of a book without permission.
- Piracy: Distribution of software or music without authorization.
Case Example: T. V. Sundaram Iyengar & Sons Ltd v. The Government of Tamil Nadu [1996] – Addressed the issue of copyright infringement and the defenses available.
Remedies Against Infringement of Copyright
Civil Remedies:
- Injunction: Court order to stop the infringing activity.
- Damages: Financial compensation for losses suffered due to infringement.
- Account of Profits: Profits earned by the infringer due to infringement.
Criminal Remedies:
- Penalties: Imposition of fines and imprisonment for willful infringement.
- Seizure of Infringing Copies: Confiscation of infringing copies and materials.
Procedural Remedies:
- Cease and Desist Notice: Legal notice sent to the infringer demanding cessation of the infringing activity.
Case Example: Indian Performing Right Society Ltd v. Sanjay Dalia [2004] – Explored the range of remedies available for copyright infringement and their implementation.
