The Copyright Act, 1957

Introduction

India boasts a rich heritage of artistic expression, from the soulful strains of sitar music to the captivating narratives of ancient epics. Fueling this vibrant landscape is the Copyright Act, 1957, a cornerstone legislation that empowers creators across diverse fields. Enacted in 1957, this Act serves as the bedrock of India’s creative ecosystem, fostering a climate where originality thrives. It recognizes the inherent value in creative works, granting authors, musicians, artists, filmmakers, and other creators exclusive rights over their original expressions. This legal framework ensures that creators are not only acknowledged for their contributions but also justly compensated for their efforts. By safeguarding intellectual property, the Copyright Act acts as a catalyst, encouraging the creation of new and innovative works that enrich India’s cultural tapestry. 

What is Copyright?

Copyright is a legal framework that grants creators exclusive rights over their original works, enabling them to control how their creations are used and distributed. This protection encompasses a broad spectrum of creative expressions, including literary works like books and articles, artistic works like paintings and sculptures, musical compositions, dramatic performances, software programs, and architectural designs.

The fundamental principle of copyright is to safeguard the rights of creators by granting them the sole authority to reproduce, distribute, perform, or display their work. This means that others cannot utilise the work without the creator’s permission or proper authorization. Copyright law serves as a vital mechanism for creators to retain ownership of their intellectual property and to derive economic benefits from their creations.

Key Elements of The Copyright Act

The key element of the Copyright Act, 1957 are herein mentioned below: 

Protected Works:

The Act safeguards a wide range of creative expressions, including literary works (books, poems, etc.), musical compositions, dramatic creations, artistic works (paintings, sculptures, etc.), cinematographic films, and sound recordings. Copyright protection arises automatically upon creation – the work doesn’t require registration for basic copyright to apply. However, registration serves as strong evidence of ownership in case of disputes.

Ownership and Rights:

The creator generally holds the copyright for their work. An exception exists for works made by employees during their job duties. In such cases, the employer becomes the copyright owner. Copyright grants the owner exclusive rights, including reproduction, distribution, public performance, display, and adaptation of their work.

Fair Dealing:

The Act recognizes the concept of “fair dealing,” allowing for limited use of copyrighted material without permission for purposes like criticism, commentary, news reporting, research, teaching, or private study. This helps balance the copyright holder’s rights with the public’s interest in accessing and using information.

Enforcement:

The Act provides both civil and criminal remedies for copyright infringement. Copyright infringement occurs when someone uses a copyrighted work without the owner’s permission. In case of infringement, the copyright owner can seek civil remedies like injunctions (to stop the infringement), damages, or account of profits (to recover profits made from infringement). The Act also prescribes criminal penalties, including imprisonment and fines, for serious copyright violations.

Administrative Bodies:

The Copyright Act establishes a Copyright Office, overseen by the Registrar of Copyrights, for registering copyright works. Additionally, it sets up a Copyright Board to assist in resolving copyright disputes and ensure smooth functioning of the copyright system. This board acts as a crucial body for creators seeking to protect their work and for those facing copyright-related accusations.

Duration of Protection:

Copyright protection extends for the author’s lifetime plus 60 years after their death, ensuring long-term benefits for the author and their heirs.

Fair Dealing Provisions:

The Act allows fair use of copyrighted material without permission for purposes like research, study, criticism, review, and news reporting, promoting a balance between protection and the spread of knowledge.

Special Provisions for Software:

The Act includes specific regulations for software protection, allowing for rental and licensing agreements to safeguard this unique form of intellectual property

Rights of Broadcasting Organizations and Performers:

The amendments introduced in 2012, incorporated into Section 2, underscore the Act’s adaptability to contemporary changes. These amendments specifically address the rights of broadcasting organisations and performers, recognizing the significance of protecting their contributions in an ever-evolving media and entertainment landscape. This forward-thinking approach ensures that the Act remains relevant and effective in the face of technological advancements.

Registering for The Copyright Act

Copyright registration is a fundamental step for creators, businesses, and anyone who generates original works. It establishes legal ownership and provides a framework for monetization and protection against infringement.

Benefits of Copyright Registration

• Presumption of Validity: A registered copyright serves as strong evidence of your authorship in a court of law.
• Commercial Rights: Maintain control over how your work is reproduced, distributed, adapted, publicly displayed, and performed. This allows you to negotiate licences, distribution agreements, and other forms of commercialization.
• Legal Recourse: Registered copyright empowers you to take legal action against unauthorised use, including seeking damages and injunctions.

The Registration Process in India

1. Application: Complete Form IV (available on the Copyright Office website), providing detailed information about your work and ownership claims.
2. Work Deposit: Submit copies of your work in the prescribed format.
3. Fee Payment: Refer to the Copyright Rules for the applicable fee structure.
4. Filing: Submit your application through the online e-filing portal or in person at the Copyright Office.

Please note: It’s recommended to consult the official Copyright Office website (https://copyright.gov.in/) for the most up-to-date procedural details and fee schedules.

Ownership of Copyright Under The Copyright Act, 1957

• First Ownership Principle: The Indian Copyright Act, 1957, (Section 17) enshrines the principle that the creator of a work, termed the ‘author’, generally holds the initial ownership of the copyright.  The definition of ‘author’ varies according to the nature of the work (e.g., composer for musical works, artist for artistic works).
• Exceptions to First Ownership:  Important exceptions to the author-as-first-owner rule include:
  • Works Created Under Employment: When an employee creates a work within the scope of their employment duties, the copyright vests with the employer, in the absence of any contrary agreement.
  • Works of the Government: Copyright in works created by or under the direction of the government is typically owned by the government.
  • Works of Public Undertakings: If a work is created for or first published by a public undertaking, the undertaking shall, in the absence of any agreement to the contrary, be the first owner.

Rights of the Copyright Owner

The Indian Copyright Act gives copyright holders a set of exclusive economic rights. These include:

• Reproduction Right: The right to control the making of copies of the work in any form.
• Adaptation Right: The right to create derivative works, such as translations, arrangements, or adaptations.
• Communication to the Public Right: The right to make the work available to the public through performance, broadcasting, or online transmission.
• Distribution Right: The right to control the distribution of copies of the work to the public by sale, rental, or other forms of transfer.
• Assignment and Licensing Rights: The right to transfer ownership (fully or partially) to another party by assignment, or to grant limited permissions for specific uses via licensing.

Moral Rights

In addition to economic rights, the Copyright Act recognizes the author’s moral rights, which persist even if the copyright has been transferred:

• Right of Attribution (Paternity Right): The right to be identified as the author of the work.
• Right of Integrity: The right to object to distortion, mutilation, or other modification of the work that would prejudice the author’s honour or reputation.

Infringement of The Copyright Act

The Indian Copyright Act provides clear definitions of what constitutes infringement. There are two main categories: direct infringement and secondary infringement.

Direct infringement involves the central act of using a copyrighted work without the rights holder’s permission.  This could involve publishing a book without authorization from the author, selling pirated copies of music or software, or broadcasting a film or television show without obtaining a proper licence.  Secondary infringement entails the act of facilitating or commercially benefiting from copyright infringement. Examples include providing an online platform where users can illegally share copyrighted materials or operating a store that knowingly sells counterfeit goods.

In copyright infringement cases, the plaintiff (the copyright holder) initially bears the burden of proof. They must establish that they are the rightful owner of the copyright in question and demonstrate that an infringing act, as defined by the Copyright Act, has taken place.  Once the plaintiff successfully establishes these core elements, the burden of proof may shift to the defendant to justify that their actions were legally permissible, possibly by claiming a defence like fair use.

Copyright infringement can be prosecuted as both a civil offence and a criminal offence under Indian law. Civil remedies include injunctions to prevent further infringement, damages to compensate the copyright holder for economic harm, and the confiscation of infringing copies. Criminal penalties can cause imprisonment for durations ranging from six months to three years, along with fines ranging from 50,000 rupees to 200,000 rupees.

What are Infringement Remedies under The Copyright Act, 1957?

The law offers various tools to protect copyright holders and act as a deterrent against these violations. These remedies can be broadly categorised as civil, criminal, and administrative, each serving specific purposes in restoring the rights of the copyright owner.

Civil Remedies: Restoring Rights and Preventing Further Harm

Civil remedies aim to make the copyright holder whole again and prevent continuing infringement. Interlocutory injunctions provide immediate, albeit temporary, relief by halting the infringing activity while a legal case is ongoing. This protects the copyright holder from further damage during what can be a lengthy court process. Anton Piller orders allow for the surprise search and seizure of evidence from the infringer’s premises, ensuring that crucial information cannot be destroyed or concealed. Norwich Pharmacal orders help unmask the parties involved in an infringement chain, enabling the copyright holder to act against all responsible parties, whether that’s a manufacturer, distributor, or online platform.

Financial remedies offer a critical component of copyright protection.  An account of profits compels the infringer to surrender any financial gains made from the unauthorised use of the copyrighted work, removing an unfair economic advantage. Compensatory damages go beyond mere reimbursement, aiming to put the copyright holder in the financial position they would have enjoyed if the infringement had never occurred. Conversion damages provide a further avenue for compensation, calculated based on the fair market value of the work that was infringed upon.

Criminal Remedies: Punishment and Deterrence

Criminal remedies underscore the seriousness of copyright infringement. Offenders face potential prison sentences, ranging from six months to three years, along with the possibility of significant fines. These penalties serve as a powerful deterrent. Law enforcement may also conduct raids to seize infringing goods, disrupting distribution channels and removing unauthorised products from the market.  The requirement to deliver counterfeit goods to the copyright holder further protects the public from being misled and ensures that the infringer won’t continue to profit from their illegal activity.

Administrative Remedies: Proactive Measures and Enforcement

Administrative remedies focus on preventing infringement at its source and providing practical enforcement mechanisms.  By restricting the import of pirated or counterfeit goods, authorities help maintain the integrity of the market for original, copyrighted works. Copyright holders also have the option to work with relevant agencies to have infringing materials confiscated. This removes unauthorised copies from circulation, supporting their control over their intellectual property.

Penalising provisions related to infringement of the copyright act

The Copyright Act (1957) takes a firm stance against copyright infringement, with provisions that define specific criminal offences and their associated punishments. 

Section 63 outlines the primary infringement offences. Knowingly violating the exclusive rights of a copyright holder, or intentionally helping others in such acts constitutes a criminal offence.  First-time offenders face potential penalties including a prison sentence ranging from 6 months to 3 years, and a monetary fine between 50,000 rupees and 200,000 rupees.

Section 63A establishes enhanced penalties for repeat offenders. If an individual previously convicted under Section 63 commits another copyright offence, they could face heightened penalties with imprisonment from 1 to 3 years and fines ranging from 100,000 to 200,000 rupees.  However, it’s important to note that courts do have some discretion to reduce these penalties if the infringement was not commercially motivated and there are justifiable reasons to do so.

Section 63B tackles the specific issue of software piracy. Using a computer program without a valid licence, with the knowledge that it’s an infringing copy, carries a potential penalty of up to 3 years of imprisonment along with a fine between 50,000 and 200,000 rupees.

Sections 65A and 65B address the growing issue of digital rights management.  Circumventing the technological protection measures placed on copyrighted works (such as copy protection) with the intent to infringe, and removing or altering electronic rights management information, carry potential penalties including imprisonment for up to 2 years alongside possible fines.

Exceptions to Copyright Infringement

Copyright law grants creators exclusive rights over their original works, such as the right to reproduce, distribute, perform, and create derivative works. However, copyright isn’t absolute. Exceptions exist to balance creators’ rights with society’s broader interests. These exceptions allow certain uses of copyrighted material without needing permission from the copyright holder.

One of the most significant exceptions is fair use, fair use allows for limited use of copyrighted material in specific contexts. Whether a use qualifies as fair depends on a number of factors. Courts typically consider the purpose and character of the use. Is it transformative, meaning it uses the copyrighted work for a new purpose such as commentary or education, or is it simply a substitute for the original work? The nature of the copyrighted work also matters. Using small portions of factual works is more likely to be considered fair use than using substantial portions of highly creative works. The amount and substantiality of the portion used is another factor. Did the use take only as much of the original work as necessary, or did it copy the core part of the material? Finally, courts consider the effect of the use on the market. Does the use harm the potential market for the original work or its value?

Besides fair use, some jurisdictions recognize an exception for private, non-commercial use. This allows individuals to make limited copies of copyrighted works for personal enjoyment or research without needing permission. However, the scope of this exception can vary from country to country. It’s important to understand the specific laws where you live to determine what qualifies as private use.

Another exception exists for criticism or review. This exception allows the use of copyrighted material for criticism, commentary or review. It helps foster a lively exchange of ideas and opinions about creative works. Here too, fair use principles often apply. The use of the copyrighted material should be proportionate to the purpose of the critique and should not be a substitute for experiencing the original work itself.

The public’s right to stay informed is also recognized as an exception to copyright. When it comes to reporting on matters of current interest, the law allows for the use of copyrighted material in news reporting. However, the reporting should be factual and use only as much of the copyrighted material as necessary for the news story.