### 1.

**Definition, Nature, and Subject Matter of Copyright under the Copyright

Act, 1957**
What is Copyright?

Copyright, a form of intellectual property right, protects authors who produce

original works such as literature (including computer programs, tables, collections,
datasets expressed in words, codes, schemes, or any other form, along with a device-
readable medium), dramatic, musical, and artistic works, cinematographic films, and
audio recordings under Indian law. Rather than safeguarding ideas themselves,
Copyright Law safeguards the tangible expressions of those ideas. Literary works,
dramatic works, musical works, artistic works, cinematographic films, and sound
recordings all receive copyright protection under Section 13 of the Copyright Act of
1957. For instance, the Act shields literary works like books and computer programs.

The term “copyright” encompasses a set of exclusive rights granted to the copyright
owner by Section 14 of the Act. Only the copyright owner or someone authorized
by the copyright owner may exercise these rights. These rights include the ability to
adapt, reproduce, publish, translate, and communicate the work to the public, among
others. Copyright registration merely records the work in the Copyright Register
maintained by the Registrar of Copyrights and does not confer any additional rights.

NATURE OF COPYRIGHT LAW:

Copyright, by its nature, is an intangible form of property. It is based on the premise

that the rightful owner has created or developed the work, thereby justifying their
ownership of it. The owner of this property has two main options for managing it:
either through an outright sale (assignment of rights) or through licensing. Copyright
comprises a set of exclusive rights. A negative right grants the owner the ability to
prevent others from copying their creation or engaging in any other actions that,
according to Copyright Law, are reserved solely for the owner. The exclusive rights
attached to copyrighted works have a finite duration. Unlike physical property,
which persists for the lifetime of the object, copyright exists for a limited period of
time. Once this period elapses, the work enters the ‘public domain,’ becoming freely
available for use by anyone without restrictions. Thus, the public interest is served
by granting exclusive rights to copyrighted works for a limited duration.

Salient Features of Copyright under Indian Law

1. Protection of Original Works

- Copyright is granted only to original works that involve a degree of creativity and
effort.
- It applies to literary, dramatic, musical, and artistic works, cinematograph films,
and sound recordings (Section 13).
- The originality requirement ensures that the work is the result of independent
creation rather than mere copying.

2. Automatic Protection**
- Copyright protection is automatic upon the creation of the work; no registration is
required (Section 45).
- Registration, however, serves as **prima facie evidence** in court proceedings.
**Example**:
An author gains copyright over their manuscript the moment it is written.
3. Exclusive Rights of the Copyright Owner**
Under Section 14, the owner has exclusive rights, including:
1. Reproduction of the work.
2. Distribution or sale of copies.
3. Public performance or display.
4. Translation or adaptation of the work.

4. Term of Copyright**
- For literary, dramatic, musical, and artistic works: Lifetime of the author plus **60
years** after their death (Section 22).
- For cinematograph films, sound recordings, anonymous works, and works of public
undertakings: **60 years** from the date of publication.
**Example**:
A film released in 2020 will have copyright protection until 2080.

5. Moral Rights of Authors**

- Section 57 grants authors **moral rights**, including:
1. Right to claim authorship.
2. Right to prevent distortion or modification that harms their reputation.

**Case Law**:
- *Amar Nath Sehgal v. Union of India (2005)*: The Delhi High Court upheld
the artist’s moral rights against unauthorized removal of his sculpture.

6. Doctrine of Fair Use

- Section 52 lists exceptions to infringement under **fair use**, allowing limited
use of copyrighted material for purposes like:
 1. Private study or research.
2. Criticism, review, or reporting.
3. Teaching or academic purposes.
**Case Law**:
- *The Chancellor Masters v. Rameshwari Photocopy Services (2016)*:
Reproduction of parts of textbooks for educational purposes was deemed fair
use.

SUBJECT MATTER OF COPYRIGHT.

All categories of content protected by copyright are collectively referred to as 'works'. As
per Section 13 of The Copyright Act 1957, the following types of works may be eligible for
protection:

1. Original Literary Works.

2. Original Dramatic Works,
3. Original Musical Works,
4. Original Artistic Works,
5. Cinematographic Films, and
6. Sound Recordings.

1. Original Literary Work: It refers to the creation of the human intellect, which
may comprise a sequence of written or numerical statements, not necessarily
possessing aesthetic value, capable of being expressed in writing, and
developed through significant independent skill, creative effort, or judgment.
The Copyright Act of 1957 provides a comprehensive definition of literary
work, encompassing elements such as computer programming, tables, and
compilations including computer databases.
2. Original Dramatic Work: As defined by the Copyright Act of 1957, dramatic
work encompasses any composition for recitation, choreographic piece, or
 entertainment in silent performances, as well as the scenic arrangement or
acting form captured in writing or other forms, excluding cinematographic
films. The inclusive nature of this definition implies that other forms fitting
within the general notion of dramatic work may also be covered.
3. Original Musical Work: Under the Copyright Act of 1957, musical work
denotes any creation comprising music, including any visual representation of
such work, but excluding any lyrics or actions intended to be sung, spoken, or
performed alongside the music. To be eligible for copyright protection, a
musical work must be original.
4. Original Artistic Work: As per the Copyright Act of 1957, artistic work
encompasses paintings, sculptures, drawings, engravings, photographs
possessing artistic qualities, as well as architectural designs and works
demonstrating artistic craftsmanship.
5. Cinematographic Films: According to the Copyright Act of 1957,
cinematographic films encompass any visual recording accompanied by a
sound recording, with the term ‘cinematograph’ interpreted to include any
work produced through processes similar to cinematography, including video
films.
6. Sound Recording: According to The Copyright Act, 1957, a sound recording
refers to a recording of sounds capable of being reproduced, regardless of the
medium or method used for recording.
Clause (a) of this Section 13 provides the definition of an original work, while
clauses (b) and (c) protect derivative works. This Section clarifies that copyright
is subject to the provisions outlined within it, and therefore, the various
provisions of the Act are not considered separate entities. It emphasizes that
copyright is a statutory right, and no rights outside of the Act are claimed.
2. Assignment of Copyright and Term of Copyright
Assignment of Copyright
Assignment refers to the transfer of rights by the copyright owner to another person
or entity. Section 18 of the Copyright Act governs this process. The owner can
transfer all or some of their rights (such as reproduction or distribution) to another
party for a specified period and purpose.

Key features of assignment include:

1. **Written Agreement**: The assignment must be in writing and signed by the
assignor.
2. **Specification of Rights**: The rights being assigned, their duration, and the
territory of use must be clearly mentioned.
3. **Royalty and Consideration**: Often, royalties or other forms of consideration
are involved.

For instance, in *ICAI v. Shaunak H. Satya (2011)*, the court emphasized that an
assignee cannot exploit copyright beyond the scope of the agreement.

If the assignment does not specify a time period, Section 19 states that it is deemed
to be valid for five years. Similarly, in the absence of territorial limits, the assignment
is valid only within India.
**Licensing of Copyright**
Unlike assignment, where ownership is transferred, a license under Section 30
allows another person to use the work without transferring ownership. Licenses can
be exclusive or non-exclusive and are commonly used for films, music, and
publishing agreements.

Term of Copyright
Section 22 of the Act outlines the term of copyright protection:
1. **Literary, Dramatic, Musical, and Artistic Works**: Life of the author plus 60
years after their death.
2. **Cinematograph Films and Sound Recordings**: 60 years from the year of
publication.
3. **Government and Anonymous Works**: 60 years from the year of first
publication.

For example, the copyright for a novel by an author who dies in 2020 will expire in
2080.

---

### 3. **Infringement of Copyright**

**What Constitutes Infringement?**

Copyright infringement occurs when someone uses a protected work without
permission in a way that violates the copyright owner's exclusive rights. Section 51
of the Act defines infringement. Examples of infringement include:
- Unauthorized reproduction of a book or music.
- Distributing pirated copies of films or software.
- Broadcasting a copyrighted song without a license.

**Acts Not Amounting to Infringement**

Section 52 lists exceptions, such as fair use, use for educational purposes, or use by
libraries.

**Relevant Case Laws**

1. **R.G. Anand v. Delux Films (1978)**: The court held that copying the idea or
theme of a work does not constitute infringement unless the expression of the idea
is substantially copied.
2. **Indian Performing Rights Society v. Eastern India Motion Pictures Association
(1977)**: The Supreme Court clarified that if a copyright owner assigns certain
rights, they cannot claim infringement based on those rights.

**Remedies for Infringement**

Under Sections 55 and 63, remedies include:
1. **Civil Remedies**: Injunctions, damages, and accounts of profit.
2. **Criminal Penalties**: Imprisonment and fines for willful infringement.

For instance, in *Super Cassettes Industries v. Nirulas (2006)*, the Delhi High Court
issued an injunction against a restaurant for playing copyrighted music without
permission.

---

### 4. **Doctrine of Fair Use**

**What is Fair Use?**
Fair use is an exception to copyright protection that allows limited use of
copyrighted material without permission. Section 52 of the Act lists situations where
fair use applies, including:
1. **Private Use**: Reading, research, or study.
2. **Criticism or Review**: Quoting from a book in a critique.
3. **Parody or Satire**: Using parts of a work for humor or commentary.
4. **Educational Purposes**: Using content in schools or universities.

Fair use balances the rights of creators with public interest. For instance, copying a
few pages of a textbook for personal study would generally be considered fair use,
while photocopying the entire book for sale would not.

**Key Factors Determining Fair Use**

While the Act provides examples, courts consider the following factors:
1. **Purpose and Character of Use**: Is the use commercial or for non-profit
purposes?
2. **Nature of the Work**: Is it factual or creative?
3. **Amount and Substantiality**: How much of the work is used?
4. **Effect on the Market**: Does the use harm the market for the original work?

**Relevant Case Laws**

1. **The Chancellor Masters v. Rameshwari Photocopy Services (2016)**: The
Delhi High Court held that photocopying portions of textbooks for educational
purposes was fair use, as it benefitted students and did not harm the publisher's
market significantly.
2. **Hubbard v. Vosper (1972)**: This UK case established that even substantial
copying can qualify as fair use if it is for criticism or review.

**Fair Use vs. Infringement**

Fair use is a defense against infringement. The burden of proof lies on the user to
show that their use falls within the exceptions listed in Section 52.

---

### Conclusion

The Copyright Act, 1957, provides comprehensive protection for creative works
while balancing public interest through doctrines like fair use. It covers everything
from the creation, assignment, and term of copyright to remedies for infringement.
Case laws have played a critical role in interpreting the Act, ensuring that it evolves
to meet the challenges of modern creativity and technology. By understanding these
principles, creators and users alike can navigate copyright law effectively.