What is Copyright?
Copyright is an essential legal framework designed to protect the rights of creators over their original works. It is an automatic right granted to an author as soon as a creative work is produced. In India, copyright is governed by the Copyright Act, 1957, which has been amended six times since its inception, with the most recent amendment being the Copyright Amendment Act of 2012. This legislation establishes comprehensive provisions to safeguard the intellectual property rights of creators and innovators.
India is a signatory to several international conventions on copyright law, including:
- The Berne Convention (1886)
- The Universal Copyright Convention (1951)
- The Rome Convention (1961)
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
These international commitments ensure that copyright-protected works enjoy global recognition and protection.
Meaning of Copyright
Copyright is a bundle of exclusive rights granted to creators of:
- Literary works
- Dramatic works
- Musical works
- Artistic works
- Cinematograph films
- Sound recordings
These rights include:
- Reproduction: The right to make copies of the work.
- Communication: The right to share the work with the public.
- Adaptation: The right to alter the work for different formats or uses.
- Translation: The right to convert the work into other languages.
The extent and duration of these rights depend on the type of work, ensuring tailored protection for diverse creative endeavors.
Types of Works Protected by Copyright in India
The Indian Copyright Act protects the following categories of works:
- Literary Works: Books, articles, software, etc.
- Dramatic Works: Scripts, screenplays, plays, etc.
- Musical Works: Compositions, lyrics, etc.
- Artistic Works: Paintings, drawings, photographs, sculptures, etc.
- Cinematograph Films: Movies, documentaries, video content.
- Sound Recordings: Audio tracks, podcasts, sound effects.
Duration of Copyright Protection
The term of copyright protection in India varies by the nature of the work:
- Literary, dramatic, musical, and artistic works: Lifetime of the author plus 60 years from the beginning of the calendar year following their death.
- Anonymous and pseudonymous works: 60 years from the year of publication.
- Cinematograph films and sound recordings: 60 years from the year of publication.
- Government works, public undertakings, and international agencies: 60 years from the year of publication.
- Photographs: 60 years from the year of publication.
For foreign works, copyrights are protected in India as per the International Copyright Order, but their term does not exceed that provided in their country of origin.
Ownership of Copyright
Under the Copyright Act, 1957, the author is usually the first owner of the copyright. However:
- If the work is created under a contract of service or apprenticeship, the employer becomes the first owner unless otherwise agreed.
- Copyright can be assigned in writing, specifying the work, the period, and the territorial scope. If these details are not specified:
- The assignment period defaults to 5 years.
- The territorial scope is limited to India.
Exceptions to Copyright Infringement in India
India follows a fair dealing approach to copyright exceptions, unlike the fair use principle in the U.S. Permissible uses under the Copyright Act include:
- Private or personal use, including research
- Criticism or review
- Reporting of current events and current affairs
These exceptions are limited to specific purposes and do not grant broad usage rights.
Remedies Against Copyright Infringement
The Copyright Act, 1957 provides remedies against infringement, categorized into:
- Administrative Remedies
- Detention of infringing goods by customs authorities.
- Civil Remedies
- Injunctions to stop further infringement.
- Monetary damages to compensate for losses.
- Account of profits derived from unauthorized use.
- Criminal Remedies
- Imprisonment (up to 3 years).
- Fines (up to ₹200,000).
By understanding the scope of copyright law, creators and businesses can safeguard their intellectual property effectively and ensure compliance with Indian and international copyright standards. Reach out to Lex India IP Solutions. We’re here to help you safeguard your creation.