Rights of Owner of a Copyright under Copyright Act
Rights of Owner of Copyright
What is Copyright?
Copyright is a legal right granted to the creator of an original work.
It protects literary, artistic, musical, dramatic works, cinematographic films, sound recordings, and other creative expressions.
The owner of copyright has exclusive rights to control how the work is used.
Rights of the Owner of Copyright
The owner of copyright has the following exclusive rights:
1. Reproduction Right
The owner has the exclusive right to make copies or reproduce the work in any material form.
This includes making copies through printing, recording, or any other means.
2. Distribution Right
The owner controls the distribution of copies to the public by sale, rental, or lending.
3. Public Performance Right
The right to perform the work publicly (e.g., play a song, stage a drama).
4. Communication to the Public
The owner controls the right to communicate the work to the public by broadcasting or any other means (e.g., television, radio, internet).
5. Adaptation or Translation Right
The owner can adapt, translate, or transform the work into other forms.
6. Rental Right
The exclusive right to rent out the original or copies of the work.
7. Moral Rights
The author has the right to claim authorship and restrain or claim damages against distortion or mutilation of the work which would harm their reputation.
Duration of Copyright
Copyright generally lasts for the lifetime of the author plus a certain number of years (commonly 60 years after the author’s death).
After expiry, the work enters the public domain.
Case Law Illustrations
1. University of Oxford v. Rameshwari Photocopy Services (2016) [Hypothetical]
Facts: The photocopy shop reproduced parts of textbooks without permission.
Issue: Whether the reproduction violated copyright.
Decision: The court held that unauthorized reproduction infringed the reproduction right.
Principle: The copyright owner has exclusive reproduction rights, which are violated by unauthorized copying.
2. Star India v. Lokesh (2018) [Hypothetical]
Facts: A TV channel broadcasted a sports event without permission.
Issue: Whether the unauthorized broadcast violated copyright.
Decision: The court ruled it infringed the communication to the public and public performance rights.
Principle: Copyright includes the exclusive right to communicate the work to the public.
3. Creative Arts Ltd. v. Digital Media (2019) [Hypothetical]
Facts: A company adapted a copyrighted film into a web series without consent.
Issue: Whether adaptation without permission infringed copyright.
Decision: The court found infringement of adaptation rights.
Principle: The owner has exclusive rights over adaptations and transformations of the work.
Limitations and Exceptions
Some fair use exceptions allow limited copying for criticism, research, teaching, or news reporting.
Libraries and archives may copy for preservation.
Private use copying without commercial gain is sometimes allowed.
Summary Table
| Right | Description |
|---|---|
| Reproduction Right | Copying the work |
| Distribution Right | Selling, renting, or lending copies |
| Public Performance Right | Performing the work publicly |
| Communication to Public | Broadcasting or online communication |
| Adaptation/Translation Right | Creating adaptations or translations |
| Rental Right | Renting out copies |
| Moral Rights | Right to claim authorship and prevent distortion |
Final Thought:
Copyright owners enjoy comprehensive control over the use and exploitation of their creative works, ensuring that they benefit from their intellectual efforts while also contributing to the public’s cultural wealth.
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