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Law of Copyright

The document discusses copyright in India, defining it as a legal right for creators of original works, governed by the Copyright Act, 1957. It outlines the subject matter of copyright, the rights granted, and exceptions for fair use, as well as international conventions that influence copyright law. Additionally, it explains the transferability of copyright, the role of the Copyright Board, and the specific rights of performers.

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0% found this document useful (0 votes)
36 views14 pages

Law of Copyright

The document discusses copyright in India, defining it as a legal right for creators of original works, governed by the Copyright Act, 1957. It outlines the subject matter of copyright, the rights granted, and exceptions for fair use, as well as international conventions that influence copyright law. Additionally, it explains the transferability of copyright, the role of the Copyright Board, and the specific rights of performers.

Uploaded by

reetumarik4
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1.

Explain the subject matter and meaning of copyright with reference to relevant law in
India. (10)

Ans:

Subject Matter and Meaning of Copyright (India)

Meaning of Copyright:

Copyright is a legal right granted to the creator of original works of authorship such as
literary, dramatic, musical, and artistic works, and cinematographic films and sound
recordings. It gives the creator exclusive rights to use, reproduce, publish, distribute, and
adapt their work for a specific period.

In India, copyright is governed by the Copyright Act, 1957, as amended from time to time
(notably in 1994, 2012, and thereafter). It protects both published and unpublished works.

Relevant Law in India: Copyright Act, 1957

The Copyright Act, 1957 is the principal legislation dealing with copyright in India. It defines
the scope of copyright protection, the rights of authors, limitations, exceptions, and
remedies for infringement.

Subject Matter of Copyright:

As per Section 13 of the Copyright Act, 1957, copyright exists in the following classes of
work:

1. Original Literary Works – includes novels, poems, plays, reference books, newspaper
articles, computer programs, etc.

2. Original Dramatic Works – includes choreography, scripts, screenplays, and dialogues.

3. Original Musical Works – musical notations and compositions (not lyrics or


performance, which are protected separately).

4. Artistic Works – includes paintings, drawings, photographs, sculptures, architecture,


and even applied art.

5. Cinematograph Films – any work of visual recording, including sound, intended to be


shown as a moving image.
6. Sound Recordings – recording of sounds from which sounds may be produced
regardless of the medium.

Rights Granted Under Copyright:

Under Section 14 of the Act, copyright means the exclusive right to do or authorize the
doing of certain acts with respect to a work, including:

Reproduction

Issuing copies to the public

Public performance or communication

Adaptation and translation

Making cinematograph films or sound recordings (for literary/dramatic works)

Term of Copyright:

The term of copyright generally lasts for:

Literary, dramatic, musical, and artistic works: Lifetime of the author plus 60 years after
death.

Cinematographic films, sound recordings, photographs: 60 years from the year of


publication.

Exceptions (Fair Use):

Sections 52 of the Act outlines exceptions where certain uses do not amount to
infringement, such as:

Use for private or personal use, including research

Criticism or review

Reporting of current events


Use in classrooms or by teachers

Conclusion:

Copyright in India is a legal mechanism to protect the rights of creators, promote creativity,
and ensure that authors can control the use of their works. Governed by the Copyright Act,
1957, it covers a wide range of original works and provides both economic and moral
rights to authors, subject to certain exceptions and limitations to balance public interest.

2. Write an essay on internation conventions on copyright. (10)

Ans:

Copyright is a form of intellectual property that protects the rights of creators over their
original works. With the rise of globalization, the protection of copyright at an international
level has become essential, especially in the age of digital technology and borderless
distribution. Various international conventions have been established to ensure a uniform
framework for copyright protection across countries. These conventions play a crucial
role in harmonizing laws, promoting creativity, and preventing copyright infringement
across borders.

1. The Berne Convention for the Protection of Literary and Artistic Works (1886)

The Berne Convention, administered by the World Intellectual Property Organization


(WIPO), is the most significant international agreement on copyright. It was adopted in
1886 and has been revised several times.

Key Features:

Automatic Protection: Copyright protection does not require registration or formalities.

National Treatment: Each member country must provide the same level of copyright
protection to works from other member countries as it does to its own nationals.

Minimum Standards: It establishes minimum standards of protection (e.g., life of the


author plus 50 years).
Moral Rights: Authors have the right to claim authorship and object to distortion of their
works.

India became a member of the Berne Convention in 1928.

2. Universal Copyright Convention (UCC) – 1952

The UCC was developed by UNESCO as an alternative to the Berne Convention,


especially for countries that were not ready to adopt the strict standards of the Berne
Convention.

Key Features:

Allows formalities like registration.

Requires member countries to provide a minimum term of copyright.

Recognized the symbol © as a valid copyright notice.

While largely superseded by the Berne Convention, it still applies in some countries that
are not Berne members.

3. WIPO Copyright Treaty (WCT) – 1996

The WCT is a special agreement under the Berne Convention and addresses copyright
issues arising from digital technology and the internet.

Key Features:

Protects computer programs and databases.

Provides rights for the digital transmission of works (e.g., on the internet).

Prohibits the circumvention of technological protection measures (like DRM).

India is a member of WIPO and acceded to the WCT in 2018.


4. Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement – 1995

TRIPS is part of the World Trade Organization (WTO) agreements and is binding on all
WTO members.

Key Features:

Sets comprehensive standards for copyright protection.

Includes enforcement mechanisms (civil and criminal remedies).

Requires copyright protection for at least 50 years.

Includes provisions on software and databases.

India, being a member of the WTO, complies with TRIPS and has amended its copyright
laws to conform with its requirements.

5. Marrakesh Treaty (2013)

The Marrakesh Treaty, administered by WIPO, aims to improve access to published works
for people who are blind, visually impaired, or otherwise print-disabled.

Key Features:

Allows the creation and sharing of accessible format copies (e.g., braille, audio).

Facilitates cross-border exchange of accessible works.

India was the first country to ratify the Marrakesh Treaty in 2014.

Conclusion

International copyright conventions serve as the foundation for cross-border protection of


creative works. They promote a fair and balanced copyright system by harmonizing laws
and ensuring that creators enjoy rights beyond their home countries. India’s participation
in these conventions, including the Berne Convention, WCT, TRIPS, and the Marrakesh
Treaty, reflects its commitment to protecting intellectual property in a globalized economy.
As technology continues to evolve, international cooperation through such conventions
remains essential to foster innovation and safeguard the rights of creators worldwide.

3. Can copyright be transferred- If yes, explain the procedure. (10)

Ans:

Yes, copyright can be transferred under Indian law. The Copyright Act, 1957 provides for
the assignment and licensing of copyright, allowing the owner (such as an author or
publisher) to legally transfer some or all of their rights to another person or entity.

1. Legal Basis:

The provisions relating to the transfer of copyright are primarily governed by:

Section 18: Assignment of copyright

Section 19: Mode of assignment

Section 30: Licensing of copyright

2. Modes of Transfer:

There are two main ways in which copyright can be transferred:

a) Assignment of Copyright:

This is a complete or partial transfer of ownership rights to another person.

The assignee becomes the owner of the rights assigned.

The assignment can be for:

Entire rights

Certain rights (e.g., reproduction, translation)


Specific territory (e.g., India only, or worldwide)

Limited duration or full term of copyright

b) License of Copyright:

This is permission to use the work in certain ways, without transferring ownership.

Can be exclusive or non-exclusive

Can be granted for specific uses (e.g., film adaptation, broadcasting)

3. Procedure for Assignment of Copyright:

As per Section 19 of the Copyright Act, 1957, the assignment must fulfill the following:

a) In Writing:

The assignment must be in writing and signed by the assignor (copyright owner) or their
authorized agent.

b) Specify Rights and Conditions:

The assignment must clearly state:

The rights being assigned (e.g., reproduction, translation)

The duration of the assignment

The territory for which the rights are assigned

The royalty or consideration, if any, payable to the author

If any of the above are not specified:

Duration is assumed to be 5 years

Territory is limited to India


c) Registration (Optional):

Although not mandatory, the assignment can be registered with the Copyright Office for
legal clarity.

4. Disputes:

In case of any dispute about the terms of assignment (such as royalty or duration), the
matter can be referred to the Copyright Board (now under Intellectual Property Appellate
Board or relevant tribunal) for resolution.

5. Termination of Assignment:

If the assignee fails to exercise the rights assigned within one year, the assignment may
lapse unless otherwise stated in the contract.

Conclusion:

Yes, copyright is a transferable property and can be assigned or licensed to others.


However, to ensure legal validity and avoid disputes, the transfer must be done through a
written agreement that clearly outlines the rights, duration, territory, and consideration.
This system provides flexibility for authors and owners to commercially exploit their works
while retaining legal control over how their creations are used.

4. ‘Certain Acts not to be infringements of copyright’ – Discuss (10)

Ans:

The law of copyright aims to strike a balance between the rights of creators and the
interests of the public. While the Copyright Act, 1957 grants exclusive rights to the
copyright holder, it also recognizes that some uses of copyrighted works should be
permitted without constituting infringement. These permissible acts are known as
“exceptions” or “fair dealing” provisions, and they are listed under Section 52 of the
Copyright Act, 1957.

Section 52: Certain Acts Not to Be Infringements


Section 52 provides a list of acts that do not amount to copyright infringement. These are
designed to allow reasonable use of copyrighted material for purposes such as education,
research, reporting, criticism, and access by persons with disabilities.

Key Exceptions Under Section 52:

1. Fair Dealing for Certain Purposes

Use of a literary, dramatic, musical or artistic work for:

Private or personal use, including research and study

Criticism or review, with proper acknowledgment

Reporting current events (e.g., in news articles, broadcasts)

2. Use in Educational Institutions

Reproduction by a teacher or student for classroom teaching

Performance or display in educational institutions (non-commercial)

Reproduction of a short passage in a textbook by educational publishers, subject to


conditions

3. Libraries and Archives

Reproduction of works by public libraries for preservation or replacement of


lost/damaged copies

Supply of a copy for research/scholarship when a copy is not available for sale

4. Use by Disabled Persons

Adaptation or reproduction of works in accessible formats (e.g., Braille, audio books) for
the benefit of visually impaired or disabled persons
5. Parody and Satire

Use of works in a transformative way for satire, parody, or social commentary may be
considered fair dealing.

6. Judicial and Legislative Use

Use of copyrighted works in judicial proceedings, reports of judicial decisions, or official


legislative work is exempt.

7. Public Performances for Non-Profit Purposes

Performances of literary, dramatic, or musical works in religious institutions or charitable


events, without profit, are not infringement.

8. Making of Temporary Copies

Temporary or incidental storage of a work in the process of electronic transmission or


communication to the public.

Purpose and Importance of These Exceptions:

Promotes access to knowledge and culture

Protects freedom of speech and expression

Encourages education, research, and criticism

Ensures that copyright law does not become overly restrictive or unfair to the public

Conclusion:

Section 52 of the Copyright Act, 1957 plays a crucial role in maintaining the balance
between the rights of creators and the needs of society. These exceptions ensure that
copyright does not hinder legitimate activities like education, research, news reporting, or
access for disabled individuals. By defining certain acts as non-infringing, the law
acknowledges the broader social function of creative works and the necessity of
reasonable public access.
5. Short Note : (5+5=10)

(a) Fair use of Copyright

(b)Convention

(c) Copyright Board

(d)Performers Right

Ans:

a) Fair use (also referred to as fair dealing in Indian law) is a legal principle that allows
limited use of copyrighted material without the permission of the copyright owner, under
certain conditions. In India, this concept is codified under Section 52 of the Copyright Act,
1957, which lists acts that do not constitute copyright infringement.

Key Purposes Allowed Under Fair Use:

Private or personal use, including research or study

Criticism or review of the work

Reporting of current events and news

Educational use by teachers and students

Use by disabled individuals for access in alternative formats

Library and archival use for preservation or research

Importance of Fair Use:

Fair use ensures a balance between the rights of the copyright holder and the public
interest. It encourages:

Freedom of expression

Access to knowledge and information

Creative transformations like parody, commentary, and teaching


Conclusion:

Fair use is a critical limitation on copyright that supports learning, innovation, and free
speech. It allows society to benefit from copyrighted works without undermining the rights
of the creators.

b) A convention is a formal agreement between countries that lays down certain rules,
standards, or principles on a specific subject. In international law, conventions are legally
binding treaties adopted by states to promote cooperation and uniformity on global issues
such as human rights, environment, trade, or intellectual property.

Key Features:

Agreed upon by multiple countries

Often adopted under international organizations like the United Nations or WIPO

May require ratification by individual countries to become legally binding

Helps create uniform standards and practices

Examples:

Berne Convention (1886) – for the protection of literary and artistic works (copyright)

Geneva Convention – for the protection of civilians and prisoners during war

UN Convention on the Rights of the Child

Conclusion:

Conventions are essential tools in international relations. They foster cooperation,


promote shared values, and help resolve global challenges through common legal
frameworks.
c) The Copyright Board was a statutory body established under the Copyright Act, 1957 in
India. Its primary function was to resolve disputes and perform certain quasi-judicial
functions related to copyright.

Key Functions:

Adjudicating disputes related to assignment, licensing, and royalty of copyright

Granting compulsory licenses in certain situations (e.g., for public interest)

Determining reasonable royalties for statutory licenses

Handling cases of copyright infringement and related issues

Abolition and Replacement:

In 2017, the Copyright Board was abolished and its functions were transferred to the
Intellectual Property Appellate Board (IPAB). Later, in 2021, the Tribunals Reforms Act
dissolved the IPAB, and now copyright-related appeals and matters are handled by
commercial courts or High Courts, as notified.

Conclusion:

The Copyright Board played an important role in administering and enforcing copyright
law in India. Though now abolished, its functions continue under other legal forums to
ensure fair protection and use of copyrighted works.

d) Performers' Right is a special right granted to individuals who perform literary, dramatic,
musical, or artistic works. These rights are recognized under the Copyright Act, 1957 (as
amended), particularly in Section 38 to Section 38B.

Who is a Performer?

A performer includes actors, singers, musicians, dancers, acrobats, and other persons
who present a live performance.

Key Features of Performers' Right:

Exclusive Rights: Performers have the right to control the recording, broadcasting,
reproduction, and communication of their performances.

Moral Rights: Under Section 38B, performers can claim authorship of their performances
and object to any distortion that harms their reputation.

Term of Protection: Performers’ rights last for 50 years from the year of performance.

Economic Rights: Performers are entitled to receive royalties for commercial use of their
recorded performances.

Conclusion:

Performers' Rights ensure that artists are legally protected for their creative contributions.
These rights recognize their moral and economic interests and promote respect and
reward for live artistic performances.

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