Copyright Act, 1957: An Overview

 The copyright law regime in India has been developing since 1911 under British colonization, wherein the standards of the Berne Convention were followed. For instance, where the term of copyright of the author was for a lifetime as well as 7 years after his death. In the following years in 1914, the Copyright Act of 1911 was amended, and criminal remedies for infringement of copyright were put in place. Later the act was replaced by the 1957 Copyright Act and has been amended even since to meet the global standards and its developmental changes.

THE COPYRIGHT ACT, 1957:

Subject Matter of Copyright

In general, subject matter in law refers to the issue or core concept or legal rights that are being considered in a particular circumstance.

Accordingly, Section 13 of The Copyright Act, 1957, specifies the subject matter of the act, meaning the works the act covers for the purpose of copyright, which includes,

• Literary works are works that are written or printed in a format that narrates or explains a concept, or idea. This could include, books, poetry, novels, journals, articles, newspapers, etc., also importantly, computer programs and computer databases [Section 2 (o)].
• Dramatic works are those that are performed that are spoken like recitations, or plays; instructed actions like, choreography, and scenarios in films/acting; and text in writing like screenplays [Section 2 (h)].
•  Musical works are those graphical notations (notes of a song written in musical symbols and signs) of a song, that are entirely part of the musical structure of the song. But does not include lyrics, spoken, or the intended action performed with the music [Section 2 (p)].
• Artistic works are creative works by an artist, which include, paintings, sculptures, drawings of any sort, photography, architectural and craftsmanship works [Section 2 (c)].
• Cinematograph films imply works of visual recording and sound recording accompanied by visual and include video films as well [Section 2 (f)].
• Sound Recording, includes works of sounds being recorded regardless of the medium and methods of the sound being produced [Section 2 (xx)]. 

But most importantly, these works are subject to this particular provision and the rest of the provision in the act itself.

Definition of the term “copyright” and Rights of the Copyright Holder

The term copyright has been defined in the act, under Section 14, which states that copyright refers to exclusive rights to perform or “authorize” the performance of an act related to a particular work or any “substantial part” of the work. But these exclusive rights are subject to the provisions of the act.

The author holds these exclusive rights to protect them from being used unauthorizedly, and if it happens then to seek compensation as a case of infringement. This right of the copyright holder preventing and restricting others from misusing the work is termed as “negative rights”. Therefore, the exclusive rights are categorized as,

• Economic Rights
• Moral Rights

1. Economic Rights

Economic rights refer to those rights that will allow the copyright holder to financially benefit from their work and control its commercial use. These rights are enlisted under Section 14 of the act, namely,

• Literary, Dramatic, or Musical Works – The exclusive in these works include the right to reproduce, distribute, perform, or communicate in public, adapt or translate, and make cinematography films or sound recordings.
• Computer Programs – These encompass the same rights as above, including the right to sell or rent copies “commercially”. 
• Artistic Works – Includes the right to reproduce the work in form and store it in any medium, also depicting 2D works in 3D and vice versa.
• Cinematograph Films – Rights include making copies, storing images, and making sales or rentals for commercial purposes of the film.
• Sound Recordings – The rights encompass the right to create new sound recordings incorporating the original sound. Also, making sales or rentals for commercial purposes and communicating the recording in public.

2. Moral Rights

Moral rights refer to “personal rights”, that protect the non-economic interests of the author or original work’s creator. Implying that these rights protect the personal link the author has with their work, which in a way reflects their personality.

Therefore, in order to ensure that it is not exploited commercially, Section 57 of the Copyright Act presents two moral rights in India.

• Right to Paternity – The right of the author to claim “authorship” and restrict others from claiming the same illegally by attributing to be the author of the original work.
• Right to Integrity – This right protects the author from any harm or loss to their reputation, by preventing or seeking damages for any sort of “distortion, modification or mutilation” of the original work.

Determination of Ownership in Copyright (First Owner of Copyright)

According to Section 17 of the act, the original author is recognized as the “first owner of the work”, but is subject to the provisions of the act. Therefore, the first owner of the work is determined by the basis of the work, for instance,

• Literary or Dramatic works – the Author
• Musical works – the Musician
• Artistic Works – the Artist
• Photographic Works – the Photographer
• Cinematographic Films and Sound Recording – the Producer
• Computer-Generated Works – the Programmer

However, there exist exceptions to the above, wherein,

• If in case, a work is created as part of the employment, then the ownership of copyright rests with the proprietor or publication house.
• If an original work is created as part of a commissioned work at the request of another person, then the copyright or the first owner of the work is that person.
• If a work is created under a binding employment contract, during employment, then the first owner is the employer.
• In case, a speech is addressed on behalf of another person, then that person holds the copyright.
• If a work is created under the direction of the government, then the government is the first owner.
• In the same way, a work is created under the control and directives of Public undertakings, then they are determined as the first owner.

In the case of, Godrej Soaps (P) Ltd v Dora Cosmetics Co, it was held that Godrej Soaps was the rightful owner of the copyrighted work, carton design, and logo created by an individual during employment for consideration on behalf of the company.

Term and Registration of Copyright

In general, the term period for copyright is the lifetime of the author or creator of the original work plus sixty years after that their life (see between sections 22 to 29). The following exceptions are detailed,

• In the instance of Broadcasting the rights are for a term of 25 years
• Performance of the work has a right reserved for up to 50 years.
• If a work is published posthumously, then it is reserved for 60 years after its publication.

In India, Registration of Copyright is not compulsory or mandatory, as even without registration infringement suit can be filed. So, the process of registration in copyright is considered to be a mere matter of records and certainly doesn’t bestow any additional rights or such. However, in various verdicts, the need for registration of copyright has been upheld by the courts. For instance, in the case of, Eastern Book Company v. D.B. Modak (2007), the SC asserted the need to register copyright as it is the most fruitful object of the author and it shouldn’t be subjected to exploitation by third parties.

Assignment of Copyright

An assignment in copyright law means the transfer of ownership of the copyright from the assignor to the assignee. In that process, the assignee acquires the right of the copyrighted work including the rights regarding, reproduction, distribution, performance, and adaptation of the work. So, here, upon such transfer, both the copyright owner and the assignee can benefit monetarily, by generating revenue not just exclusively by sharing through assignment and licensing.

In that context, according to Section 18 of the act, the original copyright owner can assign their existing or future works “either wholly or partially”. However, the assignment of the said future works will be established only when the work comes into existence.

Following this, upon such transfer through assignment, the copyright owner will have the right to retain royalties that are equal to that of the assignees. This is applied in case a literary or musical work of the author is made or used in cinematography film and sound recordings. This right can only be “waived or assigned” in favour of legal heirs or collecting societies and in case any contradictory agreement is made then it is void.

Therefore, the assignee becomes the copyright owner for the rights they have been assigned, while the assignor retains their ownership over those rights that are non-assigned. In case, the assignee deceases, then for future works that have been assigned the legal representatives are recognized.

Most importantly, the Mode of Assignment is provided under Section 19 of the act.

There exist certain legal requirements, that the assignment document must be in “writing, and signed by the assignor” or an authorized agent. Such a document must make specifications for the work, the rights, the duration, and the territorial extent of the assignment. Also, the important aspects of the royalty details, terms for revision, and extension & termination of the assignment as agreed between them must be mentioned.

The assignment rights will lapse when the assignee does not exercise their rights within a year. Also, if the period or term of the assignment is not mentioned then it is considered to be five years by default and in the same way, if the territoriality of the assignment is not specified, then by default the extent is within India.

The exception to the above is if the assignment conflicts with the existing rights managed by the “copyright society”, then it is void.

Infringement and Remedies

A copyright is subject to infringement when a third party, uses it without proper authorization or permission from the copyright holder. So, to protect the copyright holder from such infringement, both civil and criminal remedies are granted, and upon proving the infringement the copyright holder is entitled to the granted remedy.

In the case of, R.G. Anand v. M/S Delux Films, the court states that when determining the issue of infringement, it becomes important to analyze whether the copied work is substantial and is material to the original copyrighted work. This asserts the need to look into the difference between general similarities and substantial copying, that results in copyright infringement.

1. Civil Remedies

According to Section 55 of the act, civil remedies are specified in the instance of copyright infringement for the owner of the copyright, Wherein, they are entitled to,

• Order of Injunction, to prevent further infringement in the future.
• In case of Damages caused, it is to be compensated.
• If the infringer has made profits by using the copyright owner’s work, then they may required to account for all such profits made.
• Other such remedies are provided under the law.

However, the exception is that in case, the defendant proves that they were not aware of the copyright holder’s work or proves that they had no “reasonable grounds to believe”, that the work was protected under Copyright. In that instance, the copyright owner is entitled to only an injunction and a “decree of profits”. 

2. Criminal Remedies

In case of a copyright infringement, there also exists criminal liability under Section 63 of the act. So, if a person who intentionally or knowingly infringes or “abets” an infringement of a copyrighted work, they are to be held criminally liable.

• Firstly, the infringer is held punishable with an imprisonment of not less than 6 months and extending up to 3 years.
• Secondly, with a fine of not less than fifty-thousand and extending up to two lakhs.

The only exception is when the said infringement is not for commercial purpose or gain, a term of less than 6 months and less than fifty-thousand can be imposed by the court.

If the infringer has committed the offence for the second or for the subsequent times, then the imprisonment will be from one year to 3 years and a fine of more than one lakh to two lakhs. Importantly nothing less than that is granted as stated under Section 63A of the act for second or repeat offenders.

Also, if any person intentionally or knowingly infringes the original work of a computer program on the computer is subject to criminal liability. Wherein, they are imprisoned for a term not less than 7 days and up to 3 years; then a fine not less than fifty-thousand but extending up to 2 Lakhs.

Exception to Copyright Infringement

Section 52 of the act, specifies certain acts or works that are not a matter of copyright infringement. It is the Doctrine of Fair Dealing or Fair Use Doctrine, which is a legal concept that authorizes the employment of copyrighted material without the legal permission of the author, under specific conditions. This doctrine was established to be in line with the protection of public interest as well as the copyright holder’s interest. Wherein, the following are within the ambit of fair dealing,

• Used for private, personal, and research purposes.
• Criticized or reviewed.
• Broadcasted in films or posted as photographs
• Reproduced or reported in legal proceedings, by the secretariat of a legislature, and certified copies as per law.
• Reciting or reading the literary work in a public space.
• Published for educational matters, only the non-copyrighted matters.

CONCLUSION