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IMPOIIANGE OF COPYIIGIII IN
,. ' I • •

PIOMOIING INNOVAIION AND

CIEAIIVIIY - Bibin John, Adv.
•(7n today's knowledge-based economy, to owners.
J innovation and creativity are the lifeblood 0 Intellectual = something of the mind or
of progress. However, without adequate brain
protection, creators and innovators are left 0 Property= a bundle of rights
vulnerable to theft, piracy, and exploitation. 0 Laws= Application
That's where copyright comes in - a vital tool
Hence, IPR is a bundle of rights of the
that safeguards intellectual property rights and mind •
fuels the engine of innovation. In th~s month of
Legal News and Views we'll explore the crucial IPR generally is divided into two categories:
role of copyright in promoting innovation and 1. Industrial Property Rights: like design,
creativity. . trade mark, geographical indications,
Intellectual Property Rights (IPR) Laws trade secret, etc.
Intellectual property laws are a set of 2. Copyright & Related rights: economic
regulations that protect the rights of creators, right, moral right, neighbouring rights,
inventors, and innovators to their original etc.
works, inventions, and ·b_rands. These laws Statutory laws of IPR in India .
aim to promote creativity, innovation, and •l. The Patents Act, 1970: Protects inventions
economic growth by providing exclusive rights and innovations, such as new products,

APRIL 2025 LEGAL NEWS & VIEWS 3

 IMPORTANCE OF COPVRIGHT

processes, and methods. , . • During the last four decades modern

2. The Copyright Act, 1957: Protects original and advanced means of communications like
literary, dramatic, musical, and artistic broadcasting, lithe-photography, television,
works, such as books, music, and films. etc., have made inroads in the Indian economy
3. The Trade Marks act, 1999: Protects with the result that it became essential to
distinctive signs, symbols, and phrases fulfil international obligations in the field of
that identify a business or product, such copyright.
as logos and brand names. GJ Copy right is a statutory right: It is
4. The Designs Act, 2000: Protects the granted by a statute in India, The
visual appearance of a product or design. Copyright Act, 1957.
5. The Biological Diversity Act, 2002:
GJ Global and territorial: It travels across the
Protects and conserves biological
borders. Although copyright is territorial
diversity, including plants, animals, and
in nature, international treaties and
microorganisms.
agreements provide a framework
6. The Geographical Indications of Goods
for global protection, facilitating the
(Registration and Protection) Act, 1999:
protection and enforcement of copyright
Protects and identifies a product as
across borders
originating from a specific geographical
location, such as a region, town, or Why is copyright law:
country. [!] It prote.cts the original work: Copyright
7. The Protection of Plant Varieties and law protects original works of authorship,
Farmers' Rights Act, 2001: Provides an granting exclusive rights to the creator
effective system for protection of plant to use, distribute, and adapt their work.
varieties, the rights of farmers and [!] It protects the expression of an idea:
plant breeders and to encourage the Copy right will rise in only when your pen
development of new varieties of plants. hits the paper i.e., copy right is all about
What is copyright? expression. ,
Copyright is a right given by the law to Aim and purpose of the copyright Act
creators of literary, dramatic, musical and
GJ It protects the private interest i.e.,
artistic works and producers of cinematograph
protects the innovators
films and sound recordings. !
In ancient days creative persons like m It protects the public interest i.e.,
f
artists, musicians and writers made, composed economic and moral rights of the author
or wrote their works for fame and recognition Principle of IPR
rather than to earn a living, thus, the question GJ Exclusivity and economic exploitation
of copyright never arose, the importance
I
of copyright was recognised only after the
Why should copyright be protected?
O9pyright ensures certain minimum
i
invention of printing press which enabled safeg~ards of the rights of authors over their
the reproduction of books in large quantity creations, thereby protecting and rewarding
practicable. In India the first legislation of creativity. Creativity being the keystone of
its kind, the Indian copyright act, was passed progress, no civilized society can afford to
in 1914 which was mainly based on the U.K. ignore the basic requirement of encouraging
Copyright Act, 1911. the same.

4 l!EGAL NEWS &VIEWS APRIL 2025

 IMPORTANCE OF COP\'RIGHT

What Is the scope of protection in the said period unless otherwise specified in the
Copyright Act, 1957? assignment.
The Copyright Act, 1957 protects original
Is it necessary to register a work to claim
literary, dramatic, musical and artistic works
copyright?
and cinematograph films and sound recordings
No. Acquisition of copyright is automatic,
from unauthorized uses. Unlike the case with
and it does not require any formality. However,
patents, copyright protects the expressions
certificate of registration of copyright and the
and not the ideas. There is no copyright in entries made therein serve as prima facie
an idea. Copyright does not protect ideas or evidence in a court of law with reference to
concepts. To get the protection of copyright dispute relating to ownership of copyright.
a work must be original.
Is copyright protected in perpetuity?
Copyright subsists throughout India in the No. It is protected for a limited period of
following classes of works: time.
0 Original literary, dramatic, musical and .
What is the term of protection of copyright?
artistic works;
The general rule is that copyright lasts for
0 Cinematograph films; and 60 years. .
0 Sound recordings. What are the moral rights of an author?
Whose rights are protected by copyright? The author of a work has the right to
Copyright protects the rights of authors, claim authorship of the work and to restrain
i.e., creators of intellectual property in the or claim damages in respect of any distortion,
form of literary, musical, dramatic and artistic mutilation, modification or other acts in
works and cinematograph films and sound relation to the said work which is done before
recordings. the expiration of the term of copyright if
Who is the first owner of copyright in a work? such distortion, mutilation, modification or
Ordinarily the author is the first owner of other act would be prejudicial to his· honour·
copyright in a work. or reputation. Moral rights are available to the
authors even after the economic rights are
Is copyright assignable? assigned.
Yes. The owner of the copyright in an
existing work or the prospective owner of the Do the author's moral rights remain after
copyright in a future work may assign to any assignment of copyright?
person the copyright either wholly or partially Yes. The moral rights are independent of
and either generally or subject to_ limitations the author's copyright and remains with him
and either for the whole term of the copyright even after assignment of the copyright.
or any part thereof. In conclusion, copyright protection
plays a vital role in promoting innovation and
creativity, economic growth, and cultural
Does an assignment lapse automatically?
preservation. By providing a framew~rk
• Where the assignee does not exercise
for intellectual property rights, copyright
the rights assigned to him within a period of protection
incentivizes creators to produce
one year from the date of assignment, the original works, fosters
competition and
assignment in respect of such rights shall be collaboration,· and
contributes to economic
deemed to have lapsed after the expiry of the growth and cultural diversity. □

APRIL 2025 LEGAl NEWS & VIEWS 5