INTELLECTUAL PROPERTY LAW UNIT -III

Copyright law plays a vital role in safeguarding the original works of creators while encouraging innovation and creativity. The Copyright Act of 1957 marks a pivotal moment in India’s copyright history, evolving to provide robust protections for diverse forms of artistic expression. This article highlights the historical development of the Act, outlines its key provisions, and examines the impact of copyright law in today's digital age.

Historical Evolution

Historical Evolution

• The Copyright Act, 1957 replaced the Copyright Act, 1914, which was based on the UK's law.

• India’s 1957 Act was the first independent legislation on copyright.

• It has undergone multiple amendments, the major ones in 1983, 1994, 1999, 2012, to address digital rights and international obligations.

India's journey towards copyright legislation began during the British colonial period. The initial attempt at copyright protection was the Copyright Act of 1914, which aimed to shield literary and artistic works. However, this early law had limitations and did not adequately address the unique needs of Indian creators.

Responding to a rapidly changing cultural and artistic landscape, the Copyright Act of 1957 was enacted to modernize copyright protections. This Act expanded its scope to include not just literary works but also dramatic and musical compositions, cinematographic films, and computer programs.

Thanks to several amendments, the Act has been continuously updated to keep pace with the evolving technology and creative industries, particularly as the digital age reshapes how content is created and consumed.

Understanding Copyright

Meaning of Copyright

• Copyright is a bundle of exclusive rights granted to creators of original works.

• It protects the expression of ideas, not the ideas themselves.

Covered Works:

• Literary works – includes books, poems, articles, and computer programs.

• Dramatic works – includes scripts and plays.

• Musical works – compositions (not performances).

• Computer programmes – treated as literary works.

• Cinematograph films – includes sound and visual recordings.

At its core, copyright is a legal framework that grants creators exclusive rights over their original works, giving them control over how these are used and distributed for a specified time. This protection spans various types of works, showcasing the depth of human imagination.

Copyright in Literary, Dramatic, and Musical Works

Literary works cover a broad spectrum, including books, articles, and software code. Dramatic works involve theatrical performances, while musical works include songs and compositions. Under copyright law, creators have exclusive rights to:

• Reproduce their works

• Distribute copies

• Perform publicly

• Display their works

  
  

For instance, authors can prevent unauthorized adaptations of their books or musicians can block others from using their songs without permission, protecting their creative integrity and financial interests.

Copyright in Computer Programs

As technology rapidly advances, copyright now extends to computer programs, recognized as literary works under the Act. This means software developers benefit from legal protections, emphasizing the role of technology in the economy. The global software industry is valued at over $500 billion, highlighting how critical copyright is in safeguarding innovations in this area.

Copyright in Cinematograph Films

Cinematographic films are a unique blend of various artistic elements, including music, drama, and visual storytelling. The Copyright Act ensures that filmmakers retain control over their creations, allowing them to manage distribution and reproduction. For example, unauthorized screenings of films can lead to significant financial losses for producers, demonstrating the need for strong copyright protections in this sector.

Neighboring Rights

Neighboring Rights (Related Rights)

• Rights that are adjacent to copyright but protect those who contribute to the dissemination of the work:

  • Performers' Rights – e.g., singers, actors have rights over their performances.

  • Broadcast Reproduction Rights – protect broadcasters from unauthorized re-use.

  • Moral Rights – right to claim authorship and to object to distortion/mutilation

In addition to standard copyright, the Act also recognizes neighboring rights. These are essential for performers, producers of sound recordings, and broadcasters, ensuring comprehensive protection for all participants in the creative industry.

Rights of Performers

Performers, including actors and musicians, have rights that recognize their contributions, ensuring they receive credit and compensation for their artistry. This protective measure is vital in preventing unauthorized use of performances, which could diminish their marketability and reputation.

Rights of Broadcasters

Broadcasters have rights over original broadcasts and recordings, reinforcing the Act’s inclusive approach to protecting the creative ecosystem.

Registration of Copyright

Registration & Term of Copyright

• Registration is not mandatory for protection, but helps in legal proceedings.

• Term:

  • Literary, dramatic, musical, artistic works: lifetime of the author + 60 years.

  • Films, sound recordings, government/public undertakings: 60 years from publication.

While copyright protection is automatic upon the creation of a work, registration provides significant advantages. It serves as an official record, making it easier to settle disputes about authorship. According to industry reports, registered works are 30% more likely to be respected compared to unregistered ones in legal contexts.

Term of Copyright

The length of copyright protection varies by type of work. For literary, dramatic, and musical works, it lasts for the author's lifetime plus sixty years. Cinematographic films enjoy protection for sixty years from their publication year.

Ownership and Assignment of Copyright

Ownership and Assignment

• First owner is usually the author, unless work is made for hire (e.g., in employment).

• Assignment: Rights can be transferred to others through contracts.

• Author's special rights (Moral rights): Even after assignment, the author retains the right to claim authorship and prevent distortion of work.

Typically, ownership of copyright starts with the creator, granting them exclusive rights. However, authors may transfer their rights to others, allowing for the potential commercialization of their works. This practice is common; for example, many successful novels are adapted into films after rights transfer.

Author's Special Rights

Authors hold unique rights including:

• The right to attribution

• The right to integrity

  
  

These rights ensure that creators receive recognition for their work and protect them from modifications that could harm their reputation, thus reinforcing the importance of authorship.

Understanding Infringement

Infringement of Copyright

• Infringement occurs when someone uses a copyrighted work without permission in ways that violate the exclusive rights of the copyright holder.

Criteria:

• Substantial copying of the protected elements.

• Commercial use without license.

• Infringement in films – unauthorized reproduction/distribution.

• Literary/Dramatic works – copying plots, characters, dialogues.

Infringement happens when someone uses a protected work without authorization. It's essential for creators to understand infringement's criteria to protect their intellectual property effectively.

Criteria of Infringement

To establish copyright infringement, the following factors need demonstration:

1. Ownership of copyright: The claimant must prove ownership of the copyright.

2. Unauthorized use: Evidence that the alleged infringer used the work without permission.

3. Access and substantial similarity: The claimant should show the infringer had access to the work and that their usage was notably similar.

   
   

Infringement in Various Works

Infringement can manifest in multiple ways, such as unauthorized reproductions and adaptations in literature and drama. For instance, a scene from a hit film may be replicated in a new movie without permission, resulting in significant legal disputes.

Authorities Under the Act

Authorities & Remedies

• Copyright Office – for registration.

• Copyright Board (now part of IPAB) – for resolving disputes.

• Remedies include:

  • Civil remedies – injunction, damages.

  • Criminal remedies – imprisonment and fines.

  • Administrative actions – seizure of infringing goods.

The enforcement of copyright is managed by specific authorities established by the Act. The Copyright Office oversees registrations and adjudicates disputes, playing a crucial role in maintaining the integrity of copyright law.

Remedies for Infringement

Victims of copyright infringement have several options for redress:

• Injunctions: Courts can issue injunctions to halt further infringement.

• Damages: Claimants can seek financial compensation for losses due to infringement.

  
  

In some cases, statutory damages may be claimed, which represent predetermined amounts set forth in the law.

Understanding International Agreements

International Treaties

• Rome Convention, 1961 – protects performers, producers of phonograms, and broadcasting organizations.

• WIPO Copyright Treaty (WCT), 1996:

  • Adapted copyright to the digital environment.

  • Protects works used in digital and internet contexts.

  • Ensures technological protection measures (TPMs) and rights management information (RMI).

The Rome Convention, 1961 was established to protect neighboring rights globally, emphasizing the need for international cooperation in safeguarding performers and producers.

The WIPO Copyright Treaty complements this by addressing challenges brought on by digital technology. It stresses the need to protect authors’ rights in the digital realm, highlighting the balance between safeguarding creator rights and allowing user access to content.

Protecting Authors in the Digital Age

With the surge of the Internet and digital content distribution, the WIPO Covenant underlines the need for effective measures to protect copyright online. It aims to ensure that creators retain control over their works while enabling user access and distribution where appropriate.

Final Thoughts

The Copyright Act of 1957 remains fundamental in protecting creative works in India. Its evolution reflects ongoing technological advancements and the changing landscape of creative expression. Understanding its intricacies, from rights associated with various works to available remedies for infringement, is essential for professionals and creators.

By staying informed and vigilant about these laws, we can respect the rights of creators, fostering a vibrant and innovative creative economy. Upholding copyright laws ensures that artistic innovation continues to thrive in an increasingly digital world.