UNIT-I: The Copyrights (Indian Copyright Act, 1957)

A. Introduction to Copyright Law

B. Brief Introduction to related International Treaties and Conventions
C. Subject Matter of Copyright, Economic and Moral Rights (ss2,13,14,15,16, 57)
D. Authorship and Ownership (s17), Term of Copyright and Assignment-Licensing
(ss18-31)
E. Infringement and Remedies (ss50-61)
F. Exceptions: Fair Dealing
G. International Copyright Order (ss40-41)
H. Issues in Digital Copyrights
UNIT-II: Trademarks (The Trademarks Act, 1999)
A. Introduction to Trademark Law
B. Brief Introduction to related International Treaties and Conventions
C. Definitions (s2), Registration of Trademarks, Procedure, Grounds of Refusal and
Well Known Trademarks (ss9 12, ss18-23 and s33)
D. Passing Off, Infringement and Exceptions to Infringement Actions, Remedies (ss27-
30, s34, ss134-135)
E. Assignment and Licensing (ss48-53)
F. Intellectual Property Appellate Board (ss83-100)
G. Conflicts of Trademarks with Domain Name
H. Unconventional Trademarks
UNIT-III: Patent (The Patents Act, 1970)
A. Introduction to Patent Law
B. Brief Introduction to related International Treaties and Conventions
C. Definitions (s2), Criteria for Patents, Patentable Inventions
D. Non-Patentable Inventions (s3)
E. Procedure for Filing Patent Application (ss6-53)
F. Revocation of Patent (s64), Licensing, Compulsory Licensing (ss82-92A)
G. Parallel Import (s107A)
H. Rights of Patentee, Patent Infringement and Defences (ss47-48,s104 and s107)
UNIT-IV: Industrial Design (The Designs Act, 2000)
A. Introduction to Designs Law
B. Brief Introduction to related International Treaties and Conventions
C. Definitions (s2), Registration of Designs and Procedure (ss3-9, s16,s21)
D. Cancellation of Registration of Design (s19)
E. Piracy of Registered Design (s22) and Remedies
F. Overlapping Between Designs Copyrights and TrademarkUNIT-I: The Copyrights
(Indian Copyright Act, 1957)
a. Introduction to Copyright Law
Copyright is a legal framework that grants creators exclusive rights over their original works. It
is a form of intellectual property protection, ensuring that authors, artists, musicians, and other
content creators retain control over their creative outputs.
Meaning of Copyright
 Definition: Copyright is an exclusive legal right granted to the creator of an original
work, allowing them to control its use and distribution. It ensures that creators receive
credit and financial benefits for their intellectual property.
 Nature of Copyright:
o It protects original expressions rather than ideas, facts, or concepts.

o Copyright applies to tangible forms of creative works, meaning an idea must be

written, recorded, or otherwise fixed in a form that can be perceived.
 Scope of Protection:
o Literary Works: Books, articles, manuscripts, computer programs, etc.

o Dramatic & Musical Works: Plays, choreography, compositions, lyrics, etc.

o Artistic Works: Paintings, sculptures, photographs, architecture, etc.

o Cinematographic Films: Movies, web series, documentaries, etc.

o Sound Recordings: Audio recordings, podcasts, musical performances.

Objectives of Copyright Law

 Encourages Creativity & Innovation: By giving authors and artists the exclusive right
to their works, copyright law motivates the production of new content.
 Provides Economic Benefits: Copyright ensures that creators can earn from their works
through licensing, royalties, or sales.
 Promotes Public Interest: While granting exclusive rights, copyright law also allows for
fair use, ensuring that education, research, and cultural growth are not hindered.
 Prevents Unauthorized Use: Copyright law prohibits copying, distribution, and
reproduction of works without permission.
Key Exclusive Rights Under Copyright Law:
1. Reproduction Right – The right to make copies of the work.
2. Communication to the Public – The right to distribute or broadcast the work.
 3. Adaptation Right – The right to modify or create derivative works.
4. Translation Right – The right to translate the work into another language.
Key Features of Copyright
 Automatic Protection: Unlike patents or trademarks, copyright does not require
registration; it comes into existence as soon as the work is created in a fixed form.
However, registration serves as legal proof in cases of disputes.
 Limited Duration: Copyright does not last forever. Generally, it is protected for the
lifetime of the author plus a specific number of years after their death (e.g., 60 years in
India).
 Exclusive Rights: The copyright owner has the sole right to:
o Reproduce the work (e.g., printing books, making copies of a song).

o Adapt the work (e.g., converting a novel into a screenplay).

o Distribute copies (e.g., selling music albums or movie DVDs).

o Perform or display the work publicly (e.g., stage performances, broadcasting).

o License or transfer rights to another person or entity.

 Moral Rights of Authors:

o Right of Paternity: The author has the right to be recognized as the creator.

o Right of Integrity: The author can prevent modifications that harm their
reputation.
Historical Development of Copyright Law
 Ancient Protection of Works:
o In ancient civilizations like Greece and Rome, there were no formal copyright
laws, but plagiarism was condemned.
o Early printing in China and Europe led to increased copying, prompting the need
for protection.
 The Statute of Anne (1710) - First Copyright Law:
o Passed in England, it granted authors exclusive rights to their works for 14 years,
extendable by another 14 years.
o Recognized that authors (not just publishers) should have control over their
works.
  Berne Convention (1886):
o Established international copyright protection, ensuring that works are protected
in all member countries without the need for local registration.
o Introduced the principle of automatic copyright—no need for formalities.

 Universal Copyright Convention (1952):

o Designed to provide copyright protection globally, especially for countries that
had not joined the Berne Convention.
 TRIPS Agreement (1995):
o Part of WTO regulations, requiring all member nations to maintain minimum
copyright protections.
o Linked copyright protection with trade and commerce.

Copyright Law in India

 Governing Legislation: The Copyright Act, 1957, as amended in 2012, regulates
copyright protection in India.
 Regulatory Authority: The Copyright Office under the Department for Promotion of
Industry and Internal Trade (DPIIT) is responsible for copyright registration and
enforcement.
 Duration of Copyright Protection:
o Literary, Musical, Artistic, and Cinematic Works: Author’s lifetime + 60
years.
o Anonymous or Pseudonymous Works: 60 years from publication.

o Broadcasting & Sound Recordings: 60 years from the year of publication.

 Fair Use Doctrine in India:

o Certain uses of copyrighted work are allowed without permission for education,
research, criticism, reporting, and public interest.
What is Not Protected by Copyright?
While copyright grants extensive protection, some elements do not qualify for copyright:
 Ideas, Concepts, and Procedures (only their expression is protected).
 Names, Titles, and Slogans (these may be protected under trademark law instead).
 Official Government Documents (like judgments, acts, reports, and policies).
  Common Knowledge, Facts, and Theories (e.g., mathematical formulas).
Copyright Infringement & Remedies
 What Constitutes Copyright Infringement?
o Reproducing, distributing, performing, or displaying a copyrighted work without
authorization.
o Creating unauthorized adaptations, translations, or derivative works.

o Selling or commercially exploiting pirated copies.

 Types of Infringement:
o Direct Infringement: When a person copies or reproduces a work without
permission.
o Indirect/Secondary Infringement: When a person assists, encourages, or profits
from infringement (e.g., selling pirated books or movies).
 Legal Remedies for Copyright Violation:
o Civil Remedies:

 Injunction (Court Order) to stop further infringement.

 Damages & Compensation for financial loss due to infringement.
 Account of Profits: The infringer must pay profits earned from the
infringement.
o Criminal Remedies:

 Punishment: Imprisonment up to 3 years and/or a fine of up to ₹2 lakh.

 Seizure of Infringing Copies.
o Administrative Remedies:

 Cease and desist orders by the Copyright Office.

 Customs authorities can stop the import of pirated goods.
Modern Challenges in Copyright Law
 Digital Piracy: Widespread illegal sharing of movies, books, and music online.
  AI and Copyright: Can AI-generated works be copyrighted?
 Social Media & Copyright: Sharing copyrighted content without permission on
platforms like YouTube and Instagram.
 Blockchain & Copyright: Can blockchain technology help track and enforce
copyrights?

b. Brief Introduction to related International Treaties and Conventions

Introduction
Copyright law is primarily territorial, meaning that protection is usually limited to the country
where the copyright is granted. However, with globalization and the rise of digital media,
international cooperation became essential to ensure uniform protection across borders.
Several treaties and conventions, mostly administered by the World Intellectual Property
Organization (WIPO), UNESCO, and the World Trade Organization (WTO), establish
minimum standards for copyright protection and enforcement. These treaties ensure
harmonization, mutual recognition, and enforcement of rights across different jurisdictions.
This document explores the major international copyright treaties, their provisions, impact,
and legal significance in shaping copyright protection worldwide.
1. Berne Convention for the Protection of Literary and Artistic Works (1886, Revised 1971
& 1979)
Overview
The Berne Convention is the cornerstone of international copyright law. Established in 1886
under WIPO, it was created to ensure uniform protection of literary and artistic works across
member states.
Before this treaty, copyright protection was not recognized internationally, and authors had to
register their works separately in each country. The Berne Convention changed this by
introducing automatic copyright protection, eliminating the need for registration in multiple
countries.
Key Provisions
1. National Treatment (Article 5)
o Each member country must treat foreign authors the same as its nationals
regarding copyright protection.
 o Example: If an Indian author’s book is published in France, it will be protected
under French copyright lawas if the author were French.
2. Automatic Protection (No Formalities Rule – Article 5(2))
o Copyright exists upon creation; no registration, renewal, or formalities required.

3. Minimum Copyright Term (Article 7)

o Life of the author + 50 years (extended to 70 years in many countries).

4. Exclusive Rights of Authors

o Reproduction (Article 9): The right to copy the work in any form.

o Translation (Article 8): Authors can control translated versions.

o Adaptation and Modification (Article 12): Right to modify their work into
other formats.
o Public Performance (Article 11): Right to perform works in public (e.g., plays,
music).
5. Moral Rights (Article 6bis)
o Right to attribution (claim authorship).

o Right to integrity (prevent derogatory modifications).

6. Limitations and Exceptions – The Three-Step Test (Article 9(2))

o Exceptions to copyright must:

1. Be limited to special cases.

2. Not conflict with the normal exploitation of the work.
3. Not unreasonably prejudice the author's interests.
Impact
 Most influential copyright treaty, forming the basis of TRIPS, WCT, and WPPT.
 The U.S. initially refused to join due to its registration-based system but finally acceded
in 1989.
2. Universal Copyright Convention (UCC) (1952, Revised 1971)
Historical Background
The UCC was created by UNESCO as an alternative to the Berne Convention, mainly to
accommodate the United States and Latin American countries that had concerns about
Berne’s automatic protection system.
Key Provisions
 Allowed registration requirements (Berne did not).
 Required copyright notice (© symbol) for protection.
 Minimum term: Life + 25 years (later extended to 50 years).
 Special provisions for developing countries to make copyrighted works more accessible.
Impact
 Used primarily by the U.S. before it joined Berne in 1989.
 Became obsolete after TRIPS made Berne compliance mandatory.
3. Rome Convention for the Protection of Performers, Producers of Phonograms, and
Broadcasting Organizations (1961)
Historical Background
The Rome Convention introduced protection for performers, phonogram producers, and
broadcasters, focusing on neighboring rights (rights related to, but distinct from, copyright).
Key Provisions
1. Performers’ Rights (Article 7)
o Protection against unauthorized recording, reproduction, and broadcasting of
performances.
2. Phonogram Producers’ Rights (Article 10)
o Protection against unauthorized copying and public distribution of sound
recordings.
3. Broadcasting Rights (Article 13)
o Broadcasters can prohibit unauthorized rebroadcasting and recording of their
programs.
Impact
 Strengthened rights of musicians, actors, and broadcasters.
 Later supplemented by the WIPO Performances and Phonograms Treaty (WPPT,
1996).
4. Geneva Phonograms Convention (1971)
 Focused specifically on preventing unauthorized reproduction and distribution of
phonograms (sound recordings).
 Required countries to enforce criminal penalties for large-scale music piracy.
 Strengthened music copyright protection, laying the groundwork for digital anti-piracy
laws
Impact
 Many provisions were later included in TRIPS and WIPO treaties.
5. WIPO Copyright Treaty (WCT) (1996)
Overview
 a special agreement under the Berne Convention that deals with the protection of works
and the rights of their authors in the digital environment.
 In addition to the rights recognized by the Berne Convention, they are granted certain
economic rights. A modern treaty addressing digital copyright and internet piracy.
 The Treaty also deals with two subject matters to be protected by copyright:
1. Computer programs, whatever the mode or form of their expression; and
2. Compilations of data or other material ("databases").
Key Provisions
 Protects digital works (e-books, software, websites, etc.).
 Prohibits circumvention of Digital Rights Management (DRM).
 Recognizes liability for online infringement (affecting platforms like YouTube and
Facebook).
 It categorizes as copyright infringement both: -
1. The circumvention of technological protection measures attached to works
2. The removal from a work of embedded rights management information.
Impact
 Helped shape laws on online copyright enforcement.
 Became the foundation for DMCA (U.S.) and EU copyright regulations.
6. TRIPS Agreement (1995) – Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade-Related Intellectual Property Rights (TRIPs) is comprehensive in
giving cover to all areas of technology, property, patents, trademarks, copyrights and so on.
The TRIPs encourages upon the member country's sovereign right to frame its own legislation on
intellectual property matters. This clause has been included on account of persistent demand
from developed and industrialized countries.
The TRIPS Agreement covers seven categories of intellectual property rights:
 Copyright
 Trademarks
 Geographical Indications
 Industrial Designs
 Patents
 Integrated Circuits
 Trade Secrets
It was signed in 1996 and administered by the World Trade Organization. This agreement
includes a number of provisions related to the enforcement of Intellectual Property rights. It says
that national laws have to make the effective enforcement of Intellectual Property rights possible,
and describes in detail how enforcement should be addressed.
7. Beijing Treaty on Audiovisual Performances (2012)
Overview
 Aims to protect actors and audiovisual performers in digital and streaming platforms.
Key Provisions
 Economic Rights: Performers control the distribution, rental, and broadcast of their
performances.
 Moral Rights: Prevents distortion of an actor’s performance.
Impact
 Strengthened rights of film and TV actors globally.
 Helped regulate streaming services like Netflix, YouTube, and Amazon Prime.
 Subject Matter of Copyright, Economic and Moral Rights (2,13,14,15,16, 57)

SECTION 13- WORKS IN WHICH COPYRIGHT SUBSISTS

1. Classes of Works in Which Copyright Subsists

 Original literary, dramatic, musical, and artistic works (e.g., books, plays, paintings,
songs, etc.).
 Cinematograph films (including movies, short films, etc.).
 Sound recordings (such as audio recordings of songs, speeches, etc.).

2. Conditions for Copyright Protection

Copyright shall not subsist unless:

 If published, the work must be first published in India. If published outside India, the
author must be an Indian citizen at the time of publication or, if deceased, must have
been an Indian citizen at the time of death.
 If unpublished, the author must be an Indian citizen or domiciled in India at the time
of creation.
 If it is a work of architecture, the structure must be located in India.

⚠ Joint Authorship Clause: For co-authored works, all authors must meet the above
conditions.

3. When Copyright Does Not Subsist: If a cinematograph film OR sound recording contains
a substantial part of another copyrighted work without permission, it loses copyright
protection.

4. If a cinematograph film or sound recording incorporates a copyrighted work (e.g., a film

adaptation of a book), the original work’s copyright remains separate and unaffected.

5. Special Rule for Works of Architecture

 Copyright applies only to the artistic character and design of the architectural work
AND NOT to construction processes or methods.
SECTION 14- MEANING OF COPYRIGHT (Economic Rights) (Sec. defines the exclusive
rights granted to COPYRIGHT OWNER in different types of works)

1. General Definition of Copyright: Copyright refers to the exclusive right to do or authorize

the doing of specific acts concerning a work or a substantial part of it.

2. Rights VARY depending on Type of Work:

(a) Literary, Dramatic, or Musical Works:

The copyright owner has the exclusive right to:

1. Reproduce the work in any material form, including storing it electronically.

2. Issue copies of the work to the public (except copies already in circulation).
3. Perform or communicate the work to the public.
4. Make a cinematograph film or sound recording based on the work.
5. Translate the work.
6. Adapt the work (e.g., converting a novel into a play).
7. Exercise the same rights over translations and adaptations of the work.

(b) Computer Programs:

The copyright owner has the exclusive right to:

1. Do any ACT listed above for literary, dramatic, or musical works.

2. Sell or commercially rent copies of the program, WITH AN EXCEPTION for cases
where the program is incidental to the rental (e.g., renting a DVD player with pre-
installed software).

(c) Artistic Works

The copyright owner has the exclusive right to:

1. Reproduce the work in any material form, including:

o Storing it electronically.
 o Depicting a 2D work in 3D (e.g., converting a painting into a sculpture).
o Depicting a 3D work in 2D (e.g., making a sketch of a sculpture).
2. Communicate the work to the public.
3. Issue copies to the public (except copies already in circulation).
4. Include the work in a cinematograph film.
5. Make an adaptation of the work.
6. Exercise the same rights over adaptations of the work.

(d) Cinematograph Films

The copyright owner has the exclusive right to:

1. Make copies of the film, including:

o Photographing any frame from the film.
o Storing the film electronically.
2. Sell or commercially rent copies of the film.
3. Communicate the film to the public (e.g., broadcasting or streaming).

(e) Sound Recordings

The copyright owner has the exclusive right to:

1. Make copies of the recording, including electronic storage.

2. Sell or commercially rent copies of the sound recording.
3. Communicate the sound recording to the public (e.g., radio broadcast or streaming).

3. Explanation: A copy that has been sold once is considered a copy "already in circulation."

Section 57: Author’s Special Rights (Moral Rights) (exist independently of copyright
ownership and continue POST-COPYRIGHT ASSIGNMENT as well.)

1. Scope of Moral Rights

(1) Personal Rights of the Author

Even after transferring copyright, the author retains the right to:

(a) Right of Attribution (Paternity Right)

 The author has the right to claim authorship of the work.

 This ensures that the author receives due recognition.

(b) Right to Protect Integrity (Integrity Right)

 The author can prevent or seek damages for any distortion, mutilation, or
modification of their work if it harms their honour or reputation.
 This prevents unauthorized modifications that could misrepresent or degrade the author’s
original intent.

⚠ EXCEPTION: Computer programs: If a computer program is adapted under Section 52(1)

(aa) (which allows limited modifications for compatibility or functional purposes), the author
cannot claim damages or seek to restrain such modification.

SECTION 15: Special Provision Regarding Copyright in DESIGNS Registered or Capable of

Being Registered u/Designs Act, 2000

 If a design is registered under the Designs Act, 2000, it cannot be protected under the
Copyright Act, 1957 THEREBY preventing overlapping rights under both laws.

 If a design is capable of being registered under the Designs Act but remains
unregistered, it will still enjoy copyright protection UNTIL  The owner or a licensee
produces an article using the design more than 50 times by an industrial process.

Section 16 - Copyright as a Statutory Right

 Copyright is a statutory right and exists only as provided under the Copyright Act, 1957.
 No copyright claim can be made beyond the provisions of this Act.
 Authorship and Ownership (s17)
 Term of Copyright and Assignment-Licensing (ss18-31)

Section 17: First Owner of Copyright

1. General Rule: Author as First Owner

 Default rule: The author (person who creates the work) is the first owner of copyright.

However, there are exceptions based on the nature of the work and the contractual
relationship between the author and other parties.

2. Exceptions to the General Rule

(a) Copyright in Newspaper and Periodical Works

 If a literary, dramatic, or artistic work is created by an employee of a newspaper,

magazine, or periodical under a contract of service, then:
o The employer (proprietor of the publication) will be the first owner only for
publication purposes.
o The author retains copyright for all other uses unless otherwise agreed.

📌 Example: A journalist writes an article for a newspaper. The newspaper owns the copyright
for publishing it but cannot adapt it into a book without the journalist’s permission.

(b) Copyright in Commissioned Works

 If a photograph, painting, portrait, engraving, or film is made for valuable

consideration at someone's request, the commissioning party is the first owner of
copyright, unless agreed otherwise.

(c) Copyright in Works Created by Employees

  If a work is created as part of employment under a contract of service (not covered
under clauses (a) and (b)), then  The employer is the first owner of copyright, unless
agreed otherwise.

📌 Example: A software developer working for a company writes a codebase; the company
owns the copyright.

(cc) Copyright in Public Addresses and Speeches

 The speaker or the person on whose behalf it is delivered owns the copyright (applies
even if the speaker is employed by someone who arranges/hosts the event.)

(d) Copyright in Government Works

 If a work is created by the Government, the Government is the first owner of copyright
unless agreed otherwise. 📌 Example: A government-issued report  owned by 
Government, not bureaucrat who wrote it.

(dd) Copyright in Works by Public Undertakings

 If a work is made under the control or direction of a public undertaking, the public
undertaking is the first owner of copyright.

EXPLANATION: A public undertaking includes: Government-owned enterprises;

Government companies under the Companies Act, 1956; Statutory corporations created by
Central, State, or Provincial Acts.

(e) Copyright in Works of International Organizations

 If Section 41 applies (relating to works of international organizations), the

organization itself owns the copyright.
Special Proviso: Works in Cinematograph Films: Original authors retain rights in their
specific contributions, even if the film producer owns the overall copyright.

Section 18: Assignment of Copyright

General Rule: Copyright Can Be Assigned

1. The owner of a copyright (existing or prospective) may assign the copyright:

o Wholly or partially,
o With or without limitations,
o For the full term of the copyright or only for a part of it.

2. If an author assigns copyright in a future work, the assignment only takes effect once
the work comes into existence.

3. Assignment Limited to Existing Media/Exploitation Modes: Copyright cannot be

assigned to new media or modes of exploitation that did not exist or were not in
commercial use at the time of assignment, unless explicitly SPECIFIED in the
contract.

4. Authors of literary or musical works in films and sound recordings cannot waive
their royalty rights, except for legal heirs or copyright societies for collection and
distribution. Agreements that contradict this rule are void.

5. Once a copyright is assigned, the assignee becomes the copyright owner for the
assigned rights, while the assignor retains the unassigned rights.

6. If an assignee dies before the future work comes into existence, their legal
representatives can still enforce the assignment.

Section 19: Mode of Assignment of Copyright (Legal requirements for a valid assignment of
copyright)
✅ NO Copyright assignments IS VALID UNLESS it’s in writing & signed BY ASSIGNOR
or THEIR AUTHORISED AGENT.

✅ A copyright assignment must include:

  Identification of the work being assigned.
 The specific rights assigned (e.g., publishing, translation, adaptation).
 The duration of the assignment.
 The territorial extent of the assignment (i.e., applicable geographical region).

✅ Royalty and Consideration Clause: The assignment must specify:

 Royalty amount and other compensation payable to the author or their legal heirs.
 Provision for revision, extension, or termination based on mutual agreement.

✅ Assignments lapse if unused for one year unless otherwise agreed. (POSSIBLY restrict the
author’s ability to exploit their work.)
✅ If the period & territory of ASSIGNMENT is not specified, it is presumed to be five years
from the date of assignment, W. APPLICABILITY ONLY WITHIN INDIA.
✅ The provisions in sub-sections (2) to (6) do not apply to assignments made before the
Copyright (Amendment) Act, 1994.
✅ If the author has already assigned rights to a copyright society, any new assignment
violating that arrangement is void.
✅ If a literary or musical work is assigned for a CINEMATOGRAPH FILM/SOUND
RECORDING, the author still has the right to claim an equal share of royalties FOR ANY
OTHER USAGE OF THE WORK.

Dispute Resolution Regarding Assignment (Section 19-A)

✅ Assignees must exercise assigned rights, or the assignment may be revoked BY 
COMMERCIAL COURT. HOWEVER, revocation not allowed if such non-use is due to
ASSIGNOR’S ACT/OMISSION.

✅ The Commercial Court can intervene in COPYRIGHT ASSIGNMENT DISPUTES upon

a complaint by an aggrieved party. FURTHER, The court may pass any order it deems fit,
including:

 Ordering payment of unpaid royalties

 Modifying terms of the assignment
 Revoking the assignment (only under certain conditions)
 ⚠ Revocation of an assignment is only allowed if:

 The assignor is also the author; and

 The terms of the assignment are harsh (unfairly disadvantageous to the author).

✅ Interim Orders Pending Revocation: While an application for revocation of an

assignment is pending, the Commercial Court may issue interim orders to:

 Ensure continued implementation of the contract.

 Ensure payment of due royalties to the assignor.

✅ Assignments cannot be revoked within five years of execution.

✅ The Commercial Court must decide complaints within six months from the date of receipt.
If delayed, the court must record reasons for the delay.

Section 20: Transmission of Copyright in Manuscript by Testamentary Disposition

1. Copyright Inheritance through Testamentary Disposition: If a person inherits a
manuscript under a will, they also inherit the copyright unless the TESTATOR stated
otherwise IN THEIR WILL/CODICIL.
2. EXPLANATION CLAUSE: Definition of Manuscript: A "manuscript" refers to the
original document containing the work, whether handwritten or not.

Section 21: Rights of Author to Relinquish Copyright

 The author must give a formal notice to the Registrar of Copyrights in a prescribed
format or through public notice. Once this notice is given, the relinquished rights cease
to exist from the date of the notice. (An author writes a book and later decides to
relinquish its copyright, making it freely available to the public.)

Section 22: Term of Copyright in Published Literary, Dramatic, Musical, and Artistic
Works
 Copyright lasts for 60 years from the beginning of the calendar year following the
author’s death.
 If a work has multiple authors (joint authorship), copyright lasts until 60 years after the
last surviving author’s death. This section applies only to published works during the
author’s lifetime.
Section 23: Term of Copyright in Anonymous and Pseudonymous Works
📌 Anonymous/Pseudonymous works  60 years from first publication (or 60 years from
author's death if identity is revealed).
📌 For Joint Authorship:

 If one author’s identity is disclosed, copyright is calculated from that author's death.
 If multiple authors’ identities are disclosed, copyright extends until 60 years after the
last disclosed author's death.

Section 24: Term of Copyright in Posthumous Works

 If a literary, dramatic, musical work, or engraving was NOT PUBLISHED (INC. -
PUBLIC PERFORMANCE/SALE/PUBLIC DISTRINUTION) before the author's
death, copyright lasts 60 years from the FIRST PUBLICATION DATE.
 If an ADAPTATION of the work is published first, copyright protection starts from that
publication year.

Section 25: Term of Copyright in Photographs

 Copyright lasts for 60 years from the year of first publication.

Section 26 & 27: Term of Copyright in Cinematograph Films & Sound Recordings
RESPECTIVELY
✅ Cinematograph films & sound recordings → 60 years from first publication.

Section 28 & 28A: Term of Copyright in Government Works & Public Undertakings
RESPECTIVELY
✅ Government & public undertaking works → 60 years from first publication.

Section 29: Term of Copyright in Works of International Organizations

📌 For works of international organizations covered under Section 41, copyright lasts 60 years
from first publication.
Section 30: Licensing of Copyright

📌 Who can grant a copyright licence?

 The owner of the copyright in an existing work.

 The prospective owner of the copyright in a future work.

📌 Key Conditions for a Valid Copyright Licence:

 Must be in writing and signed by the copyright owner / their duly authorized agent.
 In case of Licensing future works – A licence becomes valid only when the work
comes into existence.

📌 Rights of Legal Representatives:

 If a person who was granted a licence for a future work dies before the work is created,
their legal representatives inherit the rights, unless otherwise specified in the licence
agreement.

Compulsory Licence in Works Withheld from Public (Section 31)

📌 When can a compulsory licence be granted?

A compulsory licence may be issued when a copyrighted work has been published or
performed in public, but the copyright owner:

i. Refuses to republish or allow republication of the work, thereby withholding it

from public access.
ii. Refuses to allow public performance of the work.
iii. Refuses to allow communication to the public via broadcast.
iv. In the case of a sound recording, refuses to allow communication of the recorded
work on what the complainant considers unreasonable terms.

📌 Who can apply for a compulsory licence?

 Any person who seeks to republish, perform, or broadcast the work but has been denied
permission by the copyright owner.

📌 Role of the Commercial Court:

 Upon receiving a complaint, the Commercial Court:

  Gives the copyright owner a Reasonable Opportunity To Be Heard.
 Conducts an inquiry to determine if the refusal is unreasonable.
 If the refusal is deemed unreasonable, the court directs the Registrar of
Copyrights to grant a compulsory licence to the complainant or any qualified
person.
 The licence is granted subject to compensation to the copyright owner and other
conditions determined by the court.

 Infringement and Remedies (ss50-61)

When is Copyright Infringed? (Section 51)

Copyright infringement occurs when a person does something that violates the exclusive rights
of the copyright owner without authorization.

Two Main Types of Infringement:

1️⃣ Unauthorized Use of Copyrighted Work

A person infringes copyright when, without a valid license or in violation of license

conditions, they:

 Do anything that the copyright owner has exclusive rights to do under the Act.

 Permit a place to be used for profit to communicate the work to the public where such
communication is infringing, unless they were unaware or had no reasonable ground to
know it was infringing.

2️⃣ Dealing in Infringing Copies

A person commits infringement if they:

✅ Make copies for sale or hire

✅ Sell, let for hire, or display infringing copies
✅ Distribute infringing copies for trade or in a way that prejudices the copyright owner
✅ Exhibit infringing copies in public
✅ Import infringing copies into India

🚨 Exception: The import of one copy for private and domestic use is NOT considered
infringement.

Acts That Do Not Constitute Copyright Infringement (Section 52)

Section 52 of the Indian Copyright Act of 1957 outlines "Certain acts not to be infringement of
copyright," essentially listing exceptions to copyright protection. These are often referred to as
"fair dealing" or "permitted use" provisions.

Here's a breakdown of the key categories and examples:

1. Fair Dealing

 Fair dealing with any work (excluding computer programs) for:

 Private or personal use, including research.
 Criticism or review.
 Reporting current events and affairs.
 Storing works electronically for these purposes is also allowed.

2. Computer Programs

 Making copies or adaptations by a lawful possessor for:

 Using the program for its intended purpose.

 Creating backup copies.

 Obtaining information for interoperability with other programs.

 Observing, studying, or testing program functions.
 Making copies or adaptations for non-commercial personal use from a legally obtained
copy.

3. Transient/Incidental Storage
  Temporary storage during electronic transmission.
 Temporary storage for providing electronic links, access, or integration, unless prohibited
by the right holder.

4. Judicial Proceedings and Reports

 Reproduction for judicial proceedings or reports

5. Legislative and Government Works

 Reproduction of works by legislative secretariats.

 Reproduction of certified copies under law.
 Reproduction of official gazettes, acts of legislatures, government reports, and court
judgments.
 Translation of legislative acts and rules.

6. Educational and Library Use

 Reading or reciting extracts in public.

 Publishing short passages for instructional purposes.
 Reproduction for teaching, examinations, and answers.
 Performance in educational institutions.
 Storage by non-commercial public libraries for preservation.
 Making limited copies of unavailable books by public libraries.
 Reproduction of unpublished works for research or study.

7. Public Places and Artistic Works

 Making or publishing paintings, drawings, etc., of architectural works or sculptures in

public places.
 Inclusion of artistic works in cinematograph films as background.
 Making 3D objects from 2D artistic works for industrial application.
 Reconstruction of buildings from architectural plans.

8. Cinematograph Film Exhibition

 Exhibition of films after copyright expiration.

9. Broadcasting and Religious/Official Ceremonies

 Ephemeral recordings by broadcasting organizations.

 Performance or communication in religious or official ceremonies.
10. Accessibility for Persons with Disabilities

 Adaptation, reproduction, etc., of works in accessible formats for persons with

disabilities.

11. Incidental Importation

 Importing logos, labels, or promotional material is NOT infringement if incidental to

other lawfully imported goods.

12. Translations and Adaptations (Section 52(2))

 The same exceptions apply to translations and adaptations.

Civil Remedies for Copyright Infringement (Section 55)

Section 55 SPECIFY Legal Actions available to a COPYRIGHT OWNER whose rights have
been violated.

 General Remedies (Section 55(1))

o When copyright infringement occurs, the copyright owner is entitled TO 
injunction, damages, accounts, and other remedies available under law.

o Defendant's Lack of Awareness: If the defendant proves they were unaware and
had no reasonable grounds to believe copyright existed in the work at the time of
infringement, the plaintiff's remedies are limited to:

 An injunction.
 A decree for profits (court may award full or partial profits earned from
infringement).

 Presumption of Authorship/Publication (Section 55(2)): If a name appears on

published copies of a literary, dramatic, musical, or artistic work (or a cinematograph
film/sound recording as per Section 13(3)), that person is presumed to be the author or
publisher, unless proven otherwise.
 Court's Discretion on Costs (Section 55(3)): The court has the discretion to decide who
bears the costs of the legal proceedings.
ADMINISTRATIVE REMEDY पूछा तो यह SECTION लिखो

SECTION 53 deals w.  "IMPORTATION OF INFRINGING COPIES". IT PROVIDES

A MECHANISM TO PREVENT THE ENTRY OF COPYRIGHT-INFRINGING GOODS
INTO INDIA THROUGH CUSTOMS.

 Notice to Customs (Section 53(1))

o The copyright owner or their authorized agent can give WRITTEN NOTICE to
the Commissioner of Customs (or other authorized officer), W. REQUEST
TO TREAT infringing copies as prohibited goods for up to one year.

o The request must include:

 Evidence for ownership rights.

 Details of the expected arrival of infringing copies (time and place)

 Commissioner's Action (Section 53(2))

o The Commissioner of Customs will scrutinize the evidence and, if satisfied,
declare the infringing copies as prohibited goods.
o This prohibition excludes goods in transit.
o The copyright owner must deposit a security amount to cover demurrage,
storage costs, and potential compensation if the goods are later found not
infringing.

 Notification of Detention: When prohibited goods are detained, the Customs Officer
must inform both the importer and the copyright owner (who gave the notice) within 48
hours.

 Court Order Requirement for Continued Detention: If the copyright owner fails to
obtain a court order (temporary or permanent) within 14 days from the detention date,
the goods will be released and will no longer be considered prohibited.
CRIMINAL REMEDY पूछा तो यह SECTION लिखो

 Nature of Criminal Remedies

 Copyright infringement  recognized as a criminal offense.
 Criminal remedies  AIM  to punish infringers and deter piracy.
 Civil and criminal remedies are independent and can be pursued simultaneously.

Section 63: Punishment for Copyright Infringement

 Any person who knowingly infringes or abets infringement of copyright shall be
punishable with:
o Imprisonment: Minimum 6 months, extendable to 3 years.

o Fine: Minimum ₹50,000, extendable to ₹2,00,000.

 If the infringement was not for gain in trade or business, the court may, FOR
REASONS TO BE MENTIONED IN THE JUDGEMMENT,  impose a lower
sentence.
 The construction of a building/other structure that infringes copyright & RIGHT
recognized u/S.53A (comp. software infringement) is specifically excluded from being
considered an offense under this section.

Section 63A: Enhanced Punishment for Repeat Offenders

 If a person repeats the offense, they shall face:
o Imprisonment: Minimum one year, extendable to three years.

o Fine: Minimum ₹1,00,000, extendable to ₹2,00,000.

 Courts may impose lesser punishment in cases of non-commercial infringement.

Section 65: Possession of Plates for Making Infringing Copies:

If ONE knowingly create or have tools ("plates") that are specifically used to make illegal copies
of copyrighted material, ONE shall be punishable with:
 Imprisonment up to 2 years.
 Fine (amount as per court's discretion).
Section 66: Seizure and Delivery of Infringing Copies
 When a court is dealing with a copyright infringement case, it can order that all the illegal
copies and the tools (PLATES) be given to the copyright owner.
 The court can also decide to destroy or dispose of these items in some other way.
 This applies whether or not the person accused of infringement is found guilty.

Section 69: Liability of Companies

If a company commits an offense under the Act, both the company and every person responsible
for the company's business at the time of the offense are deemed guilty and can be prosecuted.
LIABILITY, however, MAY BE AVOIDED IF IT’S PROVED:

 The offense was committed without their knowledge.

 They exercised due diligence to prevent the offense.

Section 70: Jurisdiction of Courts

 Only a Metropolitan Magistrate or a Judicial Magistrate of First Class can try
offenses under the Act.

Importance of Criminal Remedies

 Acts as a deterrent: The risk of imprisonment and heavy fines discourages
infringement.
 Stronger enforcement: Helps tackle organized copyright piracy.
 Protects economic interests: Ensures copyright holders receive fair compensation for
their work.
EXCEPTIONS: FAIR DEALING
The Indian Copyright Act of 1957 (ICA) allows certain copyrighted material to be reproduced
without the permission of the original copyright holder. The provisions for fair dealings have
been mentioned in Section 52.
This provision carves out exceptions for certain activities, such as personal research, education,
and news reporting among other activities Intent of the provision: To facilitate scientific
growth by promoting the dissemination of knowledge for research and education.
"Fair dealing" is strictly limited to the specific exemptions listed in the ICA/Jurisdiction-specific
Laws. FAIR DEALING DOCTRINE IS DISTINCT  FROM “FAIR USE DOCTRINE”
WHICH IS flexible doctrine that allows copyrighted material to be used based on a case-by-
case assessment.

CASE LAW:
Kerala High Court's Interpretation of “FAIR DEALING” (Civic Chandran v. Ammini
Amma):

 Reproduction of the entire work or a substantial portion is generally not allowed.

 Only extracts or quotations are considered fair dealing.
 Factors to determine fair dealing:

 Quantum and value of the portion taken in relation to the work.

 Purpose for which the material is taken.
 Likelihood of competition between the original and reproduced work.

Acts That Do Not Constitute Copyright Infringement (Section 52)

Section 52 of the Indian Copyright Act of 1957 outlines "Certain acts not to be infringement of
copyright," essentially listing exceptions to copyright protection. These are often referred to as
"fair dealing" or "permitted use" provisions.

Here's a breakdown of the key categories and examples:

1. Fair Dealing

 Fair dealing with any work (excluding computer programs) for:

 Private or personal use, including research.
  Criticism or review.
 Reporting current events and affairs.
 Storing works electronically for these purposes is also allowed.

2. Computer Programs

 Making copies or adaptations by a lawful possessor for:

 Using the program for its intended purpose.

 Creating backup copies.

 Obtaining information for interoperability with other programs.

 Observing, studying, or testing program functions.
 Making copies or adaptations for non-commercial personal use from a legally obtained
copy.

3. Transient/Incidental Storage

 Temporary storage during electronic transmission.

 Temporary storage for providing electronic links, access, or integration, unless prohibited
by the right holder.

4. Judicial Proceedings and Reports

 Reproduction for judicial proceedings or reports

5. Legislative and Government Works

 Reproduction of works by legislative secretariats.

 Reproduction of certified copies under law.
 Reproduction of official gazettes, acts of legislatures, government reports, and court
judgments.
 Translation of legislative acts and rules.

6. Educational and Library Use

 Reading or reciting extracts in public.

 Publishing short passages for instructional purposes.
 Reproduction for teaching, examinations, and answers.
 Performance in educational institutions.
 Storage by non-commercial public libraries for preservation.
 Making limited copies of unavailable books by public libraries.
  Reproduction of unpublished works for research or study.

7. Public Places and Artistic Works

 Making or publishing paintings, drawings, etc., of architectural works or sculptures in

public places.
 Inclusion of artistic works in cinematograph films as background.
 Making 3D objects from 2D artistic works for industrial application.
 Reconstruction of buildings from architectural plans.

8. Cinematograph Film Exhibition

 Exhibition of films after copyright expiration.

9. Broadcasting and Religious/Official Ceremonies

 Ephemeral recordings by broadcasting organizations.

 Performance or communication in religious or official ceremonies.

10. Accessibility for Persons with Disabilities

 Adaptation, reproduction, etc., of works in accessible formats for persons with

disabilities.

11. Incidental Importation

 Importing logos, labels, or promotional material is NOT infringement if incidental to

other lawfully imported goods.

12. Translations and Adaptations (Section 52(2))

The same exceptions apply to translations and adaptations

Key Precedents on Educational Use of Copyrighted Material

 DU Photocopy Case (Masters & Scholars of University of Oxford v. Rameshwari

Photocopy Services)
o Delhi High Court ruled that reproduction of course books for academic use does
not require a license from publishers.
 Wiley Eastern Ltd. v. Indian Institute Of Management
 o Delhi High Court held that Section 52 is meant to protect freedom of expression
(Article 19(1) of the Constitution) by ensuring access to material for research,
private study, criticism, review, or reporting of current events.

6. Strict Interpretation of Fair Dealing in Other Cases

 Courts have taken a stricter approach in non-educational cases.

 India TV Independent News Services Pvt. Ltd. v. Yash Raj Films Pvt. Ltd.

 The use of copyrighted music clips in an entertainment television show was

not considered fair dealing under the exception for reporting current events.

OTHER CASES:
1. D.B. Modak v. Union of India (2007): Supreme Court held that fair dealing does not
permit substantial reproduction that affects the commercial value of the original work.
2. Academy of General Education v. B. Malini Mallya (2009): The Karnataka High
Court ruled that educational institutions can use copyrighted material for teaching
purposes without infringement.
3. The Chancellor Masters & Scholars of the University of Oxford v. Rameshwari
Photocopy Services (2016): Delhi High Court held that making photocopies of
copyrighted books for students in educational institutions falls under fair dealing and is
not an infringement.
4. Super Cassettes Industries Ltd. v. MySpace Inc. (2011): The court ruled that user-
generated content platforms should ensure fair dealing and cannot allow unauthorized
large-scale reproduction.
 International Copyright Order (ss40-41)
Chapter IX of the Indian Copyright Act, 1957 describes the provisions of international copyright.
Section 40 states the powers to extend copyright to foreign works and section 42 governs the
provisions as to works of certain international organizations.

Section 40: Power to Extend Copyright to Foreign Works

Central Government's Authority: The Central Government can, through an official gazette
notification, extend the application of the Indian Copyright Act to foreign works.

Types of Foreign Works Covered:

 (a) Works initially published in a foreign territory specified in the government's order.
 (b) Unpublished works by citizens of a foreign country specified in the order.
 (c) Works related to individuals domiciled in a foreign territory specified in the order.
 (d) Works of deceased foreign authors (who were citizens of a foreign country at the time
of death) shall be treated as if they were Indian citizens.

Conditions and Provisions under Section 40

1. Reciprocity: Copyright protection is extended only if the foreign country offers

reciprocal protection to Indian works (excluding treaty/convention countries).
2. General or Specific Application: The government's order can apply the Copyright Act
generally or to specific classes of works or cases.
3. Term of Copyright: The order can limit the term of copyright in India to that provided
by the foreign country's law, but it cannot exceed the term specified in the Indian
Copyright Act.
4. Conditions and Formalities: The order may prescribe specific conditions and
formalities for claiming copyright protection.
5. Ownership Modifications: The government can modify ownership provisions based on
the foreign country’s laws.
6. Retroactive Application: Works created or published before the order’s commencement
may be excluded from protection.

Provisions for Works of Certain International Organisations (Section 41):

If an International Organization that the CENTRAL Government has DESIGNATED via

OFFICIAL GAZETTE NOTIFICATION  creates a work, and that work wouldn't
OTHERWISE have copyright in India, & Is published under an agreement that DOESN'T
RESERVE COPYRIGHT for Author, OR if Section 17 MAKES that ORGANISATION THE
OWNER the organization SHALL HAVE the Copyright Protection IN INDIA.

Section 42 of the Act, Power to Restrict Rights in Works of Foreign Authors First
Published in India – If it appears to Central Government that a FOREIGN COUNTRY has not
OFFERED adequate protection to works of Indian authors, the CG may VIA an OFFICIAL
GAZETTE ORDER, direct that Copyright Protection u/ this Act SHALL BE CEASED on
works first published after a specified- date in the ORDER, the authors whereof are subjects or
citizens of such foreign country and are not domiciled in India.
Copyright in the Digital Era: Challenges, Remedies, and Legal Frameworks

The rapid advancement of digital technology has  transformed human society; HAS
OFFERED new avenues in media, entertainment, communication, and education.

However, these technological strides  raised significant concerns REGD. copyright

infringement.

Copyright, a cornerstone of intellectual property law, secures the exclusive rights of creators
over works ranging from books and paintings to computer programs, films, databases, and
maps.

Digitalisation has exacerbated  risk of unauthorized copying and replication, thereby

challenging traditional legal protections and enforcement mechanisms.

Challenges Posed by Digital Technology

Copyright and the Internet

Internet  dramatically increased  accessibility of information. Copyrighted materials such as

news articles, images, videos, and e-books are  click away. Despite ‘access to content’ online,
IT DOES NOT TRANSLATE to free permission to copy or distribute such work.

The legal doctrine maintains that ONLY materials released into the public domain, works whose
copyright term has expired, or those for which permission has been expressly granted may be
legally reproduced. The sheer volume of online content complicates the task of distinguishing
original works from infringing copies.

Multimedia Works:

Digital platforms  enabled rapid dissemination of multimedia works. Multimedia

includes text, images, sound, video, and interactive elements, falls under several categories of
copyright protection—literary, artistic, cinematographic, dramatic, and musical.

The protection of such works is inherently challenging- INVOLVES multiple layers of rights
held by the creator.
Infringement might involve unauthorized copying, distribution for purposes beyond education,
the creation of prints, or the dubbing and commercial exploitation of audio-visual material
without consent.

Software and Piracy:

Computer software, defined as  collection of programmes and accompanying documentation,

is particularly vulnerable in the digital environment. Software piracy remains a persistent
challenge.

The use of technologies such as CD-Rs has facilitated the widespread duplication of software;
THUS imperative for LAW to continuously adapt to  technological innovations that
undermine copyright protection.

Social Media and Copyright:

The explosion of social media  further complicated copyright enforcement. On these

platforms, users often share content—images, videos, and text—without adequate consideration
for copyright ownership.

This practice frequently leads to unauthorized re-posting or saving of copyrighted material,

misattribution of authorship, and the use of such content without proper consent. BELIEF that
social media postings are free for public use only adds to the challenge

 Fair Dealing and the Doctrine of Fair Use

 The concept of fair dealing (or fair use, as applied in the United States under Section 107
of the Copyright Act) provides a vital balance.

 The Berne Convention of 1886, reinforced by subsequent international agreements such

as the TRIPS Agreement, establishes  reproduction of copyrighted work may be
permitted in certain circumstances.

 These include purposes such as research, criticism, commentary, education, and news
reporting. Indian law, through Section 52 of the Copyright Act, 1957, similarly carves out
exceptions to infringement when works are used for educational or non-commercial
purposes, or when backup copies are made to prevent data loss. This doctrine is
instrumental in maintaining a balance between the rights of copyright owners and the
public’s right to information and expression.

 Remedies Against Digital Copyright Infringement

Given the complex nature of digital copyright infringement, legal systems have had to devise
innovative remedies. The courts have increasingly looked toward technological solutions to
complement legal enforcement:

1. Blockchain Technology: By creating an immutable and decentralized public ledger,

blockchain facilitates the secure recording of transactions and the verification of
digital ownership. This technology can help authenticate original works and track their
use, thereby deterring infringement through transparent records.

2. Digital Watermarks: Another important measure is  use of digital watermarks. By

embedding a unique identifier within the digital content, creators can track unauthorized
reproductions. This technology  aids in tracing infringement & the watermark signals
that the work is protected and traceable. THUS  deterrent.

3. Access and Copy Controls: Software solutions that monitor and control access to digital
content. These systems enable copyright owners to detect and prevent unauthorized
usage, ensuring that only authorized users can access protected material.

 International Treaties and National Legislation

To address the transnational nature of digital copyright issues, various international treaties and
conventions have been established. Notably:

World Copyright Treaty 1996: This treaty, operating as a complement to the Berne Convention,
specifically addresses the challenges posed by digital technology. It grants economic rights such
as distribution, rental, and public communication, and ensures a minimum protection term of 50
years for DIGITAL WORKS. The treaty underscores the necessity of protecting digital content
from unauthorized replication.

WIPO Performances and Phonograms Treaty 1996: This treaty extends protection to
performers and producers in the digital realm, particularly in the context of music and film. It
delineates the rights related to reproduction, distribution, rental, and making available content,
thereby offering a robust framework to safeguard the interests of those involved in the
production and performance of copyrighted works.

In India, the Copyright Act, 1957, and its subsequent amendments—including the significant
Copyright (Amendment) Act, 2012—reflect the evolving nature of digital technology. These
legislative updates have incorporated provisions to address the specific challenges of digital
copyright infringement, including measures to protect against unauthorized streaming,
downloading, and other forms of digital piracy. The amendment also introduced statutory
licenses and clarified the liability of internet service providers, further reinforcing the protection
of digital intellectual property.

Judicial Interpretation: The UTV Software Communication Ltd v/s 1337x Case

In this case, the PLAINTIFF—engaged in producing and distributing cinematic content—alleged

that the defendants’ websites hosted infringing copies of copyrighted works. Key issues
addressed by the court included:

1. Digital versus Physical Infringement: The court held that infringement on the internet
must be treated with the same severity as physical infringement, given that the Copyright
Act does not differentiate between the two realms.
2. Website Blocking and Internet Freedom: While recognizing the need to safeguard
copyright, the court balanced this against the principle of a free and open internet. The
decision clarified that the goal of website blocking orders is not to impede legitimate
trade or communication but to deter piracy while ensuring proportionate responses.
3. Dynamic Injunctions: To counteract the phenomenon where rogue websites reappear as
mirror or redirect sites, the court adopted the concept of “dynamic injunctions.” This
innovative remedy extends the scope of blocking orders to newly created websites that
serve as conduits for infringing material. The decision, influenced by precedents from
Singapore courts, underscores the judiciary’s proactive approach in adapting to the
challenges of the digital age.

Conclusion

Digital technology has undoubtedly revolutionized access to information and creative content.
However, this very revolution has introduced complex challenges for copyright protection. The
legal framework, both internationally and within national jurisdictions such as India, has evolved
to incorporate exceptions, technological remedies, and dynamic judicial interpretations to
address these issues. By balancing the rights of copyright owners with the public interest, and by
embracing innovative solutions like blockchain and digital watermarks, the law continues to
adapt in a digital environment that is constantly in flux. As digital content proliferates, further
legal refinements and greater public awareness will be essential in safeguarding the intellectual
property rights of creators while ensuring that digital innovation and access remain unimpeded.