The Copyright Act, 1957
The Copyright Act, 1957
Introduction
The Copyright Act, 1957 is the primary legislation governing copyright protection in India. It provides creators of original works with exclusive rights to their creations, preventing unauthorized use and ensuring control over reproduction, distribution, and adaptation.
The Act balances the interests of creators (authors, artists, composers, etc.) with public interest by promoting creativity while providing exceptions and limitations. It was enacted to comply with international copyright conventions and has undergone multiple amendments, most notably in 1994, 1999, 2012, and beyond.
Objectives of the Act
To provide legal protection to original literary, dramatic, musical, artistic works, cinematograph films, sound recordings, and more.
To grant exclusive rights to creators for reproduction, adaptation, performance, communication, and distribution.
To encourage the growth of creative arts and industries.
To provide remedies against infringement.
To comply with international treaties like the Berne Convention, TRIPS Agreement, etc.
Key Definitions (Section 2)
Copyright (Section 14): Exclusive rights given to the creator of a work to reproduce, perform, publish, adapt, communicate, or authorize others.
Work: Includes literary works (books, computer programs), dramatic works, musical works, artistic works (paintings, sculptures), cinematograph films, and sound recordings.
Author: The person who creates the work.
Infringement: Unauthorized use of a copyrighted work in a manner reserved to the copyright owner.
Types of Works Covered
Literary Works — Books, articles, computer programs, journals.
Dramatic Works — Plays, choreography.
Musical Works — Compositions.
Artistic Works — Paintings, sculptures, drawings, photographs.
Cinematograph Films — Movies, documentaries.
Sound Recordings — Audio recordings, music albums.
Duration of Copyright
Generally, copyright lasts for the lifetime of the author plus 60 years after their death (for literary, dramatic, musical, artistic works).
For cinematograph films, sound recordings, photographs, and anonymous works, copyright lasts for 60 years from publication.
Rights Conferred on the Copyright Owner (Section 14)
Reproduction Right: Copying the work in any form.
Adaptation Right: Creating derivative works (like translations or dramatizations).
Publication Right: Distributing the work to the public.
Performance Right: Public performance or communication.
Communication to the Public: Broadcasting or digital communication.
Distribution Right: Sale or other transfer.
Assignments and Licensing
Copyright can be assigned or licensed, either wholly or partially, for a fixed time.
Assignments must be in writing and signed by the assignor.
Infringement and Exceptions
Infringement occurs when any exclusive right is violated without permission.
The Act provides exceptions under fair dealing for:
Private or personal use,
Criticism or review,
Reporting current events,
Educational use,
Judicial proceedings.
Remedies for Infringement
Injunctions to restrain unauthorized acts.
Damages or account of profits.
Criminal penalties for willful infringement (imprisonment and fines).
Seizure and destruction of infringing copies.
Important Amendments
The 2012 Amendment incorporated protection for digital rights, addressing piracy on the internet.
It introduced provisions for technological protection measures and rights management information.
Legal Principles
1. Originality
Copyright protects original works of authorship.
Mere ideas are not protected, only the expression.
2. Fixation
The work must be in tangible form to qualify for protection (written, recorded, painted).
3. Economic and Moral Rights
The author has economic rights (financial benefits).
Moral rights protect attribution and integrity of the work.
4. Fair Use / Fair Dealing
Allows limited use without permission for socially beneficial purposes.
Relevant Case Laws
1. Eastern Book Company & Ors. v. D.B. Modak & Anr., AIR 2008 SC 100
Issue: Whether a publisher’s headnotes and case summaries can be copyrighted.
Held: The Supreme Court held that the headnotes involved sufficient skill and labor and deserved copyright protection.
Significance: Established that original editorial content in legal reports is protected.
2. University of Delhi v. Kamal Singh & Ors., AIR 1995 SC 922
Issue: Unauthorized reproduction of course materials.
Held: The Court ruled that copying for commercial advantage without permission is infringement.
Significance: Reinforced strict protection for literary works in educational contexts.
3. R.G. Anand v. M/S Deluxe Films, AIR 1978 SC 1613
Issue: Alleged copyright infringement of a film script.
Held: The Court emphasized the idea-expression dichotomy; only the expression is protected, not ideas.
Significance: Clarified limits of copyright protection.
4. Super Cassettes Industries Ltd. v. Entertainment Network (India) Ltd., AIR 2008 SC 1673
Issue: Copyright in sound recordings and broadcasting.
Held: Broadcast or communication of copyrighted sound recordings requires authorization.
Significance: Upheld rights of sound recording owners against unauthorized use.
5. Tata Consultancy Services Ltd. v. State of Andhra Pradesh, AIR 2005 SC 1386
Issue: Whether computer software is protected under copyright.
Held: The Court ruled that computer programs are literary works and enjoy copyright protection.
Significance: Clarified software as protected literary work.
Practical Implications
Copyright protects creative industries — publishing, film, music, software, art.
It encourages innovation by granting creators control over their works.
Digital era challenges like piracy have been addressed by amendments.
Provides safeguards for education, criticism, and news reporting.
Licensing frameworks enable commercial exploitation while protecting rights.
Summary Table
| Feature | Details |
|---|---|
| Enacted | 1957 |
| Protected Works | Literary, dramatic, musical, artistic, cinematograph films, sound recordings |
| Duration | Author’s life + 60 years; 60 years from publication (others) |
| Rights | Reproduction, adaptation, publication, performance, communication |
| Exceptions | Fair dealing for private use, education, criticism, reporting |
| Remedies | Injunction, damages, fines, imprisonment |
| Important Cases | Eastern Book Co., R.G. Anand, Super Cassettes, Tata Consultancy |
| Latest Amendment | Digital rights protection (2012) |
Conclusion
The Copyright Act, 1957 is a comprehensive legal framework that protects the rights of creators by granting them exclusive control over their original works. It strikes a balance between incentivizing creativity and serving public interests through exceptions like fair dealing. Its ongoing evolution addresses technological advancements, ensuring continued protection in the digital age.
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