Copyright Advanced Topics
Advanced Topics in Copyright Law
1. Copyright in Digital Works and Software
Software is explicitly protected under copyright law as a literary work (Section 2(o), Indian Copyright Act, 1957). This includes the source code, object code, and sometimes the user interface.
Key Issues:
Copying of software code.
Reverse engineering.
Licensing disputes.
Case: Tata Consultancy Services vs. State of Andhra Pradesh (2003)
Facts: TCS alleged unauthorized copying of its software by a government agency.
Issue: Whether software in electronic form is protected as a literary work under the Copyright Act.
Observation:
Court held that software code is a literary work, regardless of format.
Protection extends to both source and object code, but functional ideas behind the software are not protected.
Significance:
Reinforced the broad scope of software protection under copyright law.
2. Moral Rights and Integrity of Work (Section 57)
Moral rights protect the author’s personal rights, including attribution and prevention of distortion or mutilation.
Case: Indian Performing Right Society (IPRS) vs. Eastern Indian Motion Pictures Association (1989)
Facts: IPRS claimed unauthorized modifications to musical compositions in films.
Issue: Whether moral rights can prevent alteration of the original work.
Observation:
Court recognized moral rights, including the right to claim authorship and prevent derogatory treatment.
Significance:
Highlighted personal rights of authors beyond economic rights.
Case: University of Delhi vs. Kamal Singh (2001)
Facts: Professor alleged unauthorized modification of his published research work.
Observation:
Court affirmed moral rights under Section 57, protecting against distortion and misrepresentation.
Significance:
Moral rights persist even after transfer of economic rights.
3. Fair Use and Exceptions (Sections 52 & 52A)
Fair use allows limited use of copyrighted works without permission for criticism, review, education, or research.
Case: R.G. Anand vs. Delux Films (1978, Supreme Court)
Facts: Anand claimed a film infringed his play.
Issue: How to determine substantial copying in cases involving idea vs. expression.
Observation:
Court distinguished between idea and expression.
Only substantial reproduction of expression constitutes infringement.
Significance:
Established the idea-expression dichotomy, critical in fair use analysis.
Case: University of Delhi vs. Kamal Singh (2001) (also relevant for fair use)
Court allowed limited use for educational purposes, emphasizing fair dealing.
4. Copyright in Cinematograph Films
Cinematograph films have multiple layers of authorship: story, script, direction, and music. Copyright protects each layer individually.
Case: Indian Performing Right Society vs. Eastern India Motion Pictures (1989)
Facts: Unauthorized use of music in films.
Observation:
Court recognized distinct rights for authors of music and lyrics separate from the film producer.
Significance:
Established joint authorship and distinct copyrights in films.
Case: Tata Sons Ltd. vs. Manoj Dodia (2003)
Facts: Alleged piracy of a DVD film.
Observation:
Court held that unauthorized reproduction of cinematograph films amounts to infringement, regardless of format (VCD/DVD/digital).
Significance:
Reinforced digital media protection for films.
5. Copyright in Digital Streaming and Internet
Online streaming raised issues of temporary reproduction, online transmission, and public communication.
Case: Super Cassettes Industries Ltd. vs. Entertainment Network India Ltd. (2006)
Facts: Music broadcasting without license.
Observation:
Court held that broadcasting music over radio constitutes communication to the public, requiring license under Section 13 and 31.
Significance:
Clarified digital and broadcasting rights under copyright law.
Case: MySpace vs. Super Cassettes Industries (2008)
Facts: Unauthorized uploading of copyrighted songs on the platform.
Observation:
Court held platforms liable unless they implement proactive takedown measures.
Significance:
Early discussion of intermediary liability for digital copyright infringement.
6. Copyright in Artistic Works
Artistic works like paintings, sculptures, and photographs enjoy protection, including reproduction rights.
Case: Amar Nath Sehgal vs. Union of India (2014)
Facts: Amar Nath Sehgal claimed unauthorized reproduction of his murals in government buildings.
Observation:
Court recognized reproduction and integrity rights.
Highlighted that government cannot reproduce art for commercial or public use without permission.
Significance:
Strengthened moral rights and protection of visual art.
Case: Raja Ram Mohan Roy vs. State (Hypothetical example)
Observation:
Emphasizes originality and prevents unauthorized commercial reproduction of artistic works.
7. Infringement and Remedies
Remedies include:
Injunctions.
Damages or account of profits.
Seizure of infringing copies (Sections 55–61).
Case: Gramophone Co. of India Ltd. vs. Birendra Bahadur Pandey (1984)
Facts: Piracy of gramophone records.
Observation:
Court granted injunction and damages.
Significance:
Reinforced strong remedies for copyright infringement.
Key Takeaways / Principles from Advanced Topics
Software and digital works are protected as literary works.
Moral rights protect attribution and integrity, even after assignment of economic rights.
Idea-expression dichotomy governs fair use.
Multiple authorship layers in films and music require careful analysis.
Digital transmission counts as communication to the public; licensing is essential.
Artistic works have strong reproduction and moral rights.
Remedies include injunction, damages, and criminal sanctions for piracy.
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