D{O

IPR 2
Murari Jha

IFIM Law college Bangalore

Murari Jha
[Email address]
 Unit 1

Question 1: Define copyright. Discuss the various rights of copyright owner.

Question 2: Briefly explain the work in which copy right subsists.

Question 3: When can compulsory licence be issued in copyright? Who will grant the compulsory
license and when it can be revoked?

Question 4: What do you mean by infringement of copyright? What are the determining factors
measuring infringement copyright?

Question 5: What is copyright? Explain the salient features of copyrights Acts.

Question 7: What are the qualifying elements to be in existence in a work for it copyrightability.

Question 8: What are the remedies available against infringement of copyright?

Short questions

1) computer software and copyright

2) Nature of copyright

3) 'H' conducts a research study on the health conditions of rural children. During a debate on the
programme for improvement of health conditions of rural children, ‘His research report is
circulated in Lok Sabha. The circulation is made without the permission of the author, can 'H' bring
legal action against it?

4) Write a note on Copyright board

5) Three photographers took photo of statute of Mahatma Ghandhi situated at a circle in a town.
Now the photographers claim copyright over the photos. Can they claim?

6) library authority get five copies of books Xeroxed which is copyrighted due to high price
whether it is an infringement of copyright?
Question 1: Define copyright. Discuss the rights of copyright owner.

Ans : Copyright is a legal concept that grants exclusive rights to creators and owners of original
works, allowing them to control the use and distribution of their creations.

It provides protection for a wide range of works, including literature, music, films, art, software,
architectural designs, and more. The purpose of copyright is to incentivize creativity and innovation
by giving creators the assurance that their intellectual property will be protected and that they can
benefit from their creations.

Rights of Copyright Owner:

The rights granted to the copyright owner are typically outlined in the copyright laws of each
country. While the specifics may vary slightly depending on the jurisdiction, they generally include
the following:
1. Reproduction Right: The right to make copies of the work, whether in physical or digital form. This
encompasses copying, photocopying, scanning, downloading, and more. It prevents others from
duplicating the original work without the owner's permission.

2. Distribution Right: The right to distribute copies of the work to the public. This includes selling,
renting, lending, or giving away copies of the work. It allows the copyright owner to control the first
sale and subsequent distribution of their creation.

3. Derivative Work Right: The right to create adaptations or derivative works based on the original
creation. This includes translations, adaptations, parodies, and other works that are based on the
copyrighted material.

4. Public Performance Right: The right to perform the work publicly, such as in a play, concert, or film
screening. This is particularly relevant to performing arts and music.

5. Public Display Right: The right to display the work publicly, often applicable to visual arts and
sculptures exhibited in galleries or museums.

6. Digital Rights: In the digital age, copyright owners also have specific rights related to digital usage,
including online distribution, streaming, and digital performance.
7. Moral Rights: In some jurisdictions, authors also have moral rights, which protect their non-
economic interests in the work. These rights include the right to attribution (the work must be
attributed to the creator) and the right to integrity (the work should not be altered or distorted in a
way that harms the creator's reputation).

Duration of Copyright:

The duration of copyright varies depending on the type of work and the circumstances of its
creation.

Generally, in the case of literary, dramatic, musical, or artistic works, the copyright lasts for the
lifetime of the author plus 60 years.
In the case of cinematograph films, sound recordings, photographs, posthumous works, anonymous
works, and works of the government, the duration may vary.

Copyright and Fair Use: While copyright grants substantial rights to the copyright owner, it is not
absolute. In many countries, there are provisions for "fair use" or "fair dealing," which allow limited
use of copyrighted material without the copyright owner's permission, primarily for purposes such as
criticism, comment, news reporting, teaching, scholarship, or research. The specifics of fair use can
vary significantly between jurisdictions and depend on factors like the nature and purpose of the use,
the amount used, and the effect on the market for the original work.

Limitations on Copyright (Section 52): While the Copyright Act grants extensive rights to copyright
owners, it also includes limitations and exceptions, allowing for certain uses of copyrighted works
without infringing on the copyright owner's rights. These exceptions include fair dealing for purposes
such as research, private study, criticism, review, and reporting current events.

It's important to note that copyright protection is automatic upon the creation of a qualifying work.
While registration is not mandatory, it provides additional legal advantages in case of disputes.

As copyright law is complex and subject to amendments, it is advisable to consult the latest version
of the Copyright Act, 1957, and seek legal advice for specific cases.
Copyright Infringement: Unauthorized use of copyrighted material without the copyright owner's
permission constitutes copyright infringement. This can result in legal consequences, such as
injunctions, damages, and the payment of legal fees.

Importance of Copyright: Copyright plays a crucial role in fostering creativity and innovation in
various fields. It encourages artists, writers, musicians, and other creators to invest their time, effort,
and resources into developing new works, knowing that they can protect and profit from their
creations. The protection offered by copyright also enables a vibrant creative industry, where
creators can negotiate licenses, sell their rights, and enter into partnerships with other entities,
ultimately benefiting both the creators and the public.

However, copyright law is also a balance between protecting the rights of creators and promoting the
public interest. Excessive copyright restrictions can stifle creativity and limit the public's access to
knowledge and culture. This is why many copyright laws include exceptions like fair use, allowing for
the free flow of ideas and facilitating the creation of new works that build upon existing ones.

Conclusion: In conclusion, copyright is a vital legal concept that grants exclusive rights to creators
and owners of original works. It ensures that creators have control over the use, distribution, and
adaptation of their creations, allowing them to be rewarded for their efforts and fostering a dynamic
creative ecosystem. At the same time, copyright laws must strike a balance between protecting these
rights and promoting the public interest in accessing and building upon creative works. As technology
continues to evolve, copyright law will face new challenges and adaptations to address the changing
landscape of creativity and distribution.
Question 2: Briefly explain the work in which copyright subsists.

Ans : Sec 13(1) and (2) explain the work in which the copyrights subsist and section 13(3) explains
the work in which the copyright does not subsists:
Work in which copyright subsist: copyright means the exclusive right to do or authorise the doing of
any of following acts in respect of a work or any substantial part there of namely.

Copyright subsists throughout India in the following class of work and each work, the copy right
holder has bundle of rights.

1. Literary Works:

Definition: Literary works encompass original written creations, including books, novels, poems,
essays, and computer programs.
Examples: Novels like "The God of Small Things" by Arundhati Roy

Poetry collections such as "Gitanjali" by Rabindranath Tagore

Computer programs and software, e.g., Microsoft Word or Adobe Photoshop.

2. Dramatic Works:

Definition: Dramatic works refer to original pieces intended for performance, including plays,
operas, film scripts, and choreographic works.

Examples: Plays like "Hamlet" by William Shakespeare

Film scripts such as "Dilwale Dulhania Le Jayenge"

Choreographic works like traditional Indian dance routines or contemporary ballet performances.

3. Musical Works:

Definition: Musical works cover original musical compositions, including songs, symphonies, and
instrumental pieces.

Examples:

Songs like "Tum Hi Ho" by Arijit Singh

Classical compositions like Ravi Shankar's sitar compositions

Film scores such as A. R. Rahman's music for "Lagaan."

4. Artistic Works: Artistic works include original visual creations, such as paintings, drawings,
photographs, and architectural designs.

Examples: Paintings by renowned artists like Raja Ravi Varma

Iconic photographs by Raghu Rai

Architectural designs like the Taj Mahal.

5. Cinematograph Films: Copyright covers the entire cinematograph film, including the screenplay,
characters, music, and audiovisual elements.

Examples: Bollywood films like "Sholay"

Documentaries such as "India's Daughter"

Animation films like "Hanuman" by Percept Pictures.

6. Sound Recordings: Sound recordings encompass audio recordings, including music albums,
speeches, and other recorded sounds.

Examples: Music albums like "Dark Side of the Moon" by Pink Floyd

Historical speeches by leaders like Mahatma Gandhi

Audio recordings of wildlife sounds or nature.

7. Broadcasts: Copyright protection extends to radio and television broadcasts, including news
reports, interviews, and entertainment programs.

Examples: News broadcasts by channels like NDTV or BBC

Talk shows like "Koffee with Karan"

Sports broadcasts of cricket matches or football games.

8. Published Editions: Published editions include the copyright in the typographical arrangement of a
published edition of a work.

Examples:The formatting and layout of printed books, such as a Penguin Classics edition of a novel

The design and layout of magazines like "Vogue India."

9. Performers' Rights:

Definition: Performers have certain rights in their live and recorded performances.

Examples:Live concerts by famous artists like A.R. Rahman or Lata Mangeshkar

Stand-up comedy shows, both live and recorded, by comedians like Zakir Khan or Vir Das.

Copyright in these categories grants creators or copyright owners exclusive rights to reproduce,
distribute, adapt, and perform their works. The duration of copyright protection varies depending on
the type of work and can last for the lifetime of the creator plus 60 years or a specific duration from
the date of publication or creation.

In the Indian Copyright Act of 1957, there are certain situations where copyright does not subsist,
meaning that copyright protection is not granted to certain types of works or specific circumstances.

Here are some examples of situations where copyright does not subsist, along with the relevant
sections from the Act:
1. Works Not Meeting the Threshold of Originality (Section 13):

Copyright does not subsist in works that lack originality. To be eligible for copyright protection, a
work must be original in the sense that it should not be a mere copy of existing works and should
exhibit some degree of creativity.

Example: A phone book containing a list of names, addresses, and phone numbers does not enjoy
copyright protection because it lacks the required originality.
2. Works Created by the Government (Section 52): Copyright does not subsist in works created by or
under the direction or control of the government, except where the government is the first owner of
the copyright.

Example: Government publications, official reports, and laws are typically not protected by copyright.

3. News and Current Affairs (Section 13): Copyright does not subsist in news of the day or in news
and information that is purely factual and lacks originality.

Example: A news article reporting facts about a recent earthquake, such as its location, magnitude,
and impact, may not be eligible for copyright protection.

4. Official Translations (Section 52): Copyright does not subsist in official translations of works, such
as government documents or international agreements.

Example: An official translation of a government document from one language to another, issued by
the government, is not protected by copyright.

5. Works in the Public Domain (Section 41): Copyright does not subsist in works that have already
entered the public domain. These are works whose copyright has expired or has been explicitly
waived by the copyright owner.

Example: The works of Rabindranath Tagore, whose copyright has expired, are now in the public
domain and can be freely used and reproduced.

6. Works with Expired Copyright (Section 22): Copyright does not subsist in works whose copyright
term has expired. In India, the general term of copyright protection is the lifetime of the author plus
60 years.

Example: A novel written by an author who died more than 60 years ago is no longer under copyright
protection.

7. Certain Government Works After Publication (Section 52(1)(q)):

Copyright does not subsist in certain government works even after publication. However, this
provision has been amended over time, and it's essential to consider the specific regulations in place.
Example: Certain government scientific research papers may be made available to the public without
copyright protection, but this may vary depending on the government's policies.

It's important to note that copyright law can be complex, and exceptions to copyright protection ca n
vary based on specific circumstances and legal interpretations. Additionally, international treaties
and agreements can influence copyright exceptions and limitations. Therefore, it's advisable to
consult legal experts or refer to the most current legal provisions when dealing with copyright-
related matters

It's important to note that copyright protection is automatic upon the creation of a work in India, and
the Copyright Act of 1957 provides legal mechanisms for enforcing these rights and seeking remedies
against copyright infringement. This protection serves as an incentive for creators to continue
producing and contributing to the rich cultural and artistic heritage of India.
Question 3: When can compulsory licence be issued in copyright? Who will grant the compulsory
license and when it can be revoked?

Ans : Compulsory licenses in copyright may be granted in particular situations, aiming to find an
equilibrium between the interests of copyright owners and the broader public welfare.

In another word, A compulsory license in copyright allows a third party to use a copyrighted work
without the explicit permission of the copyright owner. Such licenses are typically granted by
government authorities in specific situations to serve public interests.

Example, Educational Uses: Compulsory licenses may be issued to educational institutions, allowing
them to use copyrighted materials for instructional purposes without seeking individual permissions.

The Indian Copyright Act of 1957 contains provisions related to compulsory licenses in Sections 31,
31A, and 32A. These sections provide mechanisms for the grant of compulsory licenses in certain
circumstances.

Here's an explanation of each section with examples:

1. Section 31: Compulsory License in Works Withheld from Public:

Section 31 of the Indian Copyright Act, 1957, addresses the grant of compulsory licenses when
copyrighted works are withheld from the public. The primary objective is to ensure that works are
made available to the public under reasonable conditions.

Conditions for Grant:

Specified Period: If, after the expiration of a specified period from the publication of a work, copies
are not made available to the public or are unreasonably withheld.

Example: Consider a scenario where a renowned author publishes a highly anticipated novel that
gains immense popularity. However, the author, for various reasons, decides to limit the number of
copies available to the public and prices them at a premium, making it challenging for a significant
portion of the audience to access the work.

In this case, if a reasonable period passes and the works are still not made reasonably available to
the public, the Copyright Board (Register) may intervene and grant a compulsory license. Before
granting the license, may direct and license holder to pay to the owner of copy right -specific
compensation and comply with necessary term and condition .This license would allow others to
reproduce and distribute the work under terms set by the Board , ensuring broader public access.

2. Section 31A: Compulsory License for Works Refused by Copyright Societies:

Section 31A deals with compulsory licenses when a copyright society refuses to grant a license or
imposes unreasonable conditions. Copyright societies play a crucial role in managing and licensing
certain rights collectively.

Conditions for Grant:

Refusal or Unreasonable Conditions: If a copyright society refuses to grant a license or imposes

unreasonable conditions, the Copyright Board may grant a compulsory license.

Example: Suppose a talented musician creates a new and unique musical composition and wishes to
have it distributed through a copyright society. However, the society, for reasons that are not
justifiable or imposes conditions that are commercially unviable for the musician, refuses to grant a
license for the work.

In such a case, the musician can approach the Copyright Board, which may consider the
circumstances and, if it deems necessary, grant a compulsory license. This allows the musician to
have their work distributed through alternative means, ensuring that the copyright society's refusal
does not unduly hinder the dissemination of the creative work.

Section 32 of the Indian Copyright Act, 1957, deals with compulsory licenses for the translation of
literary and dramatic works. This provision is designed to ensure that translations are made available
to a wider audience when the copyright owner either refuses to grant a license or neglects to
respond to an application for translation within a reasonable period. Let's explore this with an
example:

Section 32: Compulsory License to produce and publish Translation

Conditions for Grant:

1. Application for a License: An interested party applies to the Copyright Board for a license to
translate a literary or dramatic work.
2. Refusal or Neglect by Copyright Owner: The copyright owner either refuses to grant a
license or neglects to respond to the application within a reasonable period, as determined
by the Copyright Board.
3. Desire to Translate: The applicant expresses a genuine desire to translate the work into a
language spoken in India.
4. Reasonable Remuneration: The applicant assures the Copyright Board that they will pay
reasonable remuneration to the copyright owner and abide by other determined terms and
conditions.

Example:

Scenario: Consider a scenario where there is a highly acclaimed novel written in Bengali by a
renowned Indian author. The novel has received critical acclaim for its unique storytelling and
cultural richness. However, it is currently available only in Bengali, limiting its accessibility to readers
who may not be proficient in that language.

Now, let's assume there is a translator who is proficient in both Bengali and Hindi. Recognizing the
literary significance of the novel, the translator wishes to bring this work to a broader audience by
translating it into Kanada.

3. Section 32A: Compulsory License for Cover Versions of Sound Recordings:

Section 32A focuses on compulsory licenses for the creation of cover versions of sound recordings. A
cover version refers to a new performance or recording of a previously recorded song.

Conditions for Grant:

1. Application for License: If a person applies for a license to make a cover version of a sound
recording and the copyright owner refuses or fails to grant the license within a specified
period.

Example: Imagine a scenario where a talented singer wishes to create a cover version of a
popular song. To do so legally, the singer must obtain a license from the copyright owner of
the original sound recording. However, if the copyright owner refuses to grant the license
 without a reasonable cause or fails to respond within a reasonable timeframe, the singer can
apply for a compulsory license.

In such a case, the Copyright Board could consider the application and, if deemed
appropriate, grant a compulsory license for the creation of the cover version. This ensures
that creative individuals have the opportunity to reinterpret and reproduce existing works
within the bounds of copyright law.

Who Grants Compulsory Licenses:

• Government Authority or Copyright Office: In many jurisdictions, the authority responsible

for granting compulsory licenses is a government body or the copyright office. This body
ensures that the conditions for issuing a compulsory license are met.
• Specialized Boards or Commissions: Some countries have specialized boards or commissions
responsible for copyright matters, and they may be tasked with granting compulsory
licenses.

When Can Compulsory License Be Revoked:

• Change in Circumstances: A compulsory license may be revoked if there is a change in

circumstances that led to its issuance.
For example, if the reasons for granting the license are no longer valid, it may be revoked.
• Copyright Holder's Consent: The copyright holder may request the revocation of a
compulsory license if they are now willing to license the work voluntarily or if there has been
a resolution between the parties.
• Statutory Period Expiry: In some cases, compulsory licenses have a specified duration or are
subject to periodic review. Once the statutory period expires, the license may be subject to
renewal or termination.
• Failure to Comply with Conditions: If the licensee fails to comply with the conditions
specified in the compulsory license, the copyright holder may have grounds to request
revocation.

Additional Considerations:

• Fair Compensation: Compulsory licenses often come with provisions for fair compensation to
be paid to the copyright holder. The determination of fair compensation may be part of the
conditions for granting the license.
• Subject to Judicial Review: Decisions regarding compulsory licenses are sometimes subject to
judicial review. The affected parties may have the right to appeal or challenge the decision in
a court of law.
• International Agreements: Countries may be bound by international agreements that set
guidelines for issuing compulsory licenses. Compliance with these agreements is a factor in
determining the validity of such licenses.
 Cases law:

1. Super Cassettes Industries Ltd. v. Entertainment Network (India) Ltd. : This case involved a
dispute over the granting of a compulsory license for broadcasting sound recordings. The
Copyright Board granted a compulsory license, and the decision was challenged in the Delhi
High Court. The case delved into the interpretation and application of Section 31 of the
Copyright Act, which deals with compulsory licenses.

2. Indian Performing Right Society v. Entertainment Network (India) Ltd.: In this case, the
issue revolved around the tariff rates set by the Copyright Board for radio broadcasting. It
highlighted the role of the Copyright Board in fixing tariffs, which is a crucial aspect of
copyright licensing.
3. Tips Industries Ltd. v. Wynk Music Ltd.: This case involved a dispute over the licensing of
musical works for digital streaming. The Bombay High Court addressed issues related to
licensing agreements and the scope of licensing in the digital era. The court emphasized the
importance of compensating copyright owners for the use of their works in the digital
domain.
4. Delhi High Court Stay on Spotify's Copyright Licenses: Spotify faced legal challenges related
to copyright licensing in India. The Delhi High Court issued a stay on Spotify's licensing
agreements with various music labels, highlighting the complexities of licensing
arrangements in the digital music streaming industry.
5. Star India Pvt. Ltd. v. BCCI (Board of Control for Cricket in India): While not directly related to
compulsory licenses, this case involved broadcasting rights for cricket matches. It
emphasized the significance of licensing agreements in the context of sports broadcasting
and raised questions about exclusivity and competition in licensing.

In summary, compulsory licenses in copyright are granted in specific situations where the public
interest justifies non-voluntary use of a copyrighted work. The authority responsible for granting the
license ensures that certain conditions are met. Revocation may occur under various circumstances,
including changes in the need for the license or compliance issues.
Question 4: What do you mean by infringement of copyright? What are the determining factors
measuring infringement copyright?

Ans : Infringement of Copyright: Copyright infringement occurs when someone violates the
exclusive rights granted to the copyright owner without their permission. These exclusive rights,
generally established by copyright laws, include the right to reproduce, distribute, perform, display,
and create derivative works based on the original copyrighted work.

Infringement can take various forms, such as reproducing a work without permission, distributing
copies, performing or displaying the work publicly without authorization, or creating derivative works
without proper licensing.

Determining Factors in Measuring Copyright Infringement: Determining whether copyright

infringement has occurred involves assessing several factors. These factors help establish whether
the allegedly infringing work has copied a substantial part of the original work and whether the use
falls within the scope of fair use or other exceptions.
Here are key factors considered in measuring copyright infringement:

1. Substantial Similarity: Courts often consider whether there is substantial similarity between
the original work and the allegedly infringing work. This analysis involves examining both the
quantitative and qualitative aspects of the copying, focusing on substantial elements that are
original to the copyright holder.
2. Access and Copying: Evidence of access to the original work and copying is crucial in
copyright infringement cases. If it can be demonstrated that the alleged infringer had access
to the copyrighted work and that copying occurred, it strengthens the case for infringement.
3. Copying of Protected Elements: The alleged infringing work must copy elements of the
original work that are protectable under copyright law. Ideas, facts, and unoriginal elements
are not protected, it's the expression of ideas that copyright law safeguards.
4. Fair Use: Fair use is a legal doctrine that allows limited use of copyrighted material without
permission for purposes such as criticism, commentary, news reporting, teaching,
scholarship, and research. Courts consider whether the use in question qualifies as fair use
by assessing factors like purpose, nature, amount, and effect on the market.
5. Transformative Use: Transformative use involves altering the original work in a way that adds
new expression or meaning. Transformative works are more likely to be considered fair use.
Courts assess whether the alleged infringing work adds something new and does not merely
supplant the original work.
6. Market Harm: Courts may consider whether the alleged infringement harms the market for
the original work. If the infringing work competes with the original in the marketplace and
causes economic harm, it strengthens the case for infringement.
7. Statutory Defences: Copyright law provides certain statutory defenses to infringement
claims. These include the doctrines of de minimis use, innocent infringement, and the first
sale doctrine. Each may be applicable depending on the circumstances of the case.
8. Registration Status: In some jurisdictions, registration of the copyright with the relevant
copyright office provides additional legal advantages for the copyright holder. For example, a
copyright holder may be eligible for statutory damages and attorney's fees if the work is
registered before infringement occurs.

Determining copyright infringement involves a comprehensive analysis of these factors, and the
outcome can vary depending on the specific details of each case. Legal advice from a copyright
attorney is often essential in navigating and resolving copyright infringement issues.

Question 5: What is copyright? Explain the salient features of copyrights Acts.

Ans : Copyright grants creators and authors exclusive rights over their original creative works,
allowing them to control how these works are used, reproduced, and distributed.copyrights is not a
single right , but a bundle of rights.

Copyright serves as a form of intellectual property protection and is designed to incentivize and
reward creativity and innovation by providing creators with legal and economic rights to their works.
These rights are intended to encourage the creation and dissemination of artistic, literary, musical,
and other forms of creative expression. Copyright typically covers a wide range of works, including
books, music, art, films, software, and more.
Now, let's delve into the salient features of the Indian Copyright Acts of 1957 and 2012:
Indian Copyright Act, 1957:

• Scope of Protection: The Copyright Act of 1957 provided protection to various categories of
creative works, including:
• Literary works: Novels, books, poems, and other written content.
• Dramatic works: Plays, scripts, and similar works intended for performance.
• Musical works: Compositions and musical scores.
• Artistic works: Paintings, sculptures, drawings, and photographs.
• Cinematograph films: Motion pictures, including audiovisual content.
• Sound recordings: Recordings of sounds, including music and spoken words.

2. Duration of Copyright: Under the 1957 Act, the term of copyright protection varied based on
the type of work. In most cases, it lasted for the lifetime of the author plus 50 years. For
posthumous works, cinematograph films, photographs, anonymous works, and works
created by the government or international organizations, the duration was different.
3. Ownership: The author or creator of a work was typically the first owner of the copyright.
However, there were exceptions, such as works created in the course of employment, where
the employer was considered the first owner.
4. Rights of the Copyright Holder: Copyright holders had exclusive rights to:
• Reproduce the work: The right to reproduce a work is a fundamental and exclusive right
granted to the copyright owner. Reproduction involves making copies of the work in any
material form, which can include printing, recording, or saving in a digital format.
• Communicate the work to the public: right to communicate a work to the public is a
significant exclusive right granted to the copyright owner. This right covers the act of
making the work available to the public by various means, including broadcasting,
performing, displaying, or transmitting the work.

• Adapt the work:

• Distribute copies of the work to the public.
• Perform and display the work publicly.

Additional rights:

1. Rights to have copyright for a fix term:

2. Right of assignment: Right of assignment refers to the ability of a copyright owner to
transfer or assign their rights to another party. This transfer can be total or partial and
can encompass various rights granted by copyright law.
Example: Imagine a scenario where an author, Mr. Sharma, has written a popular novel
titled "Mystic Tales." Mr. Sharma has the copyright to this work, which includes the
exclusive rights to reproduce, distribute, perform, and adapt the novel.

Now, let's consider the following assignment scenario:

• Assignment to a Publisher:
a) Mr. Sharma decides to assign the copyright to a publishing house, XYZ
Publications, for the purpose of printing and distributing physical and digital
copies of "Mystic Tales."
 b) This assignment is specific (limited to reproduction and distribution rights)
and partial (as Mr. Sharma retains other rights).
c) The assignment is for a specific term, say 10 years.

• Assignment to a Filmmaker:
a) Concurrently, Mr. Sharma decides to assign the film adaptation rights of
"Mystic Tales" to a film production company, Cinema Creations.
b) This is another assignment, separate from the one with XYZ Publications,
and it covers the right to create a film based on the novel.
c) The assignment is partial, specific (film adaptation rights), and could be for a
different term, say 5 years.
3. Rights to grant license.
4. Rights to sue for infringement of copy right.
5. Rights to sue remedies.
5. Fair Use: The Act included provisions for fair use, which allowed the use of copyrighted
material for specific purposes, such as criticism, review, news reporting, education, and
research, without infringing copyright.

Indian Copyright Act, 2012 (Amendment):

The Copyright Act of 2012 introduced several significant changes and updates to Indian copyright
law:

1. Term Extension: The term of copyright protection was extended to the lifetime of the author
plus 60 years, aligning it with international standards.
2. Digital Rights Management (DRM): The Act included provisions related to the protection of
digital content, such as anti-circumvention measures to prevent the removal of digital rights
management (DRM) systems. This was particularly relevant in the digital age.
3. Moral Rights: The 2012 Act introduced moral rights for authors, including the right to claim
authorship of a work and the right to prevent derogatory treatment of a work. This
reinforced the importance of respecting the creator's integrity.
4. Performers' Rights: It expanded the rights of performers and introduced provisions for the
protection of their rights in audio and visual performances.
5. Fair Use and Educational Institutions: The Act clarified provisions related to fair use and
allowed educational institutions to use copyrighted material for specific purposes, such as
teaching and research.
6. Internet Service Provider (ISP) Liability: It included provisions for ISP liability, balancing the
interests of copyright holders and ISPs in cases of copyright infringement on the internet.
7. Compulsory Licensing: The Act maintained provisions for compulsory licensing, allowing for
the use of copyrighted works in specific situations, such as educational and broadcasting
purposes.

These amendments aimed to modernize Indian copyright law, bringing it in line with international
standards and addressing the challenges posed by the digital age. They strengthened the protection
of creators' rights and adapted copyright law to the changing landscape of creative content
distribution and consumption.

Question 6: What remedies are available against the privacy of copyright design.
Ans

Question 7: What are the qualifying elements to be in existence in a work for it copyrightability.

Ans : In Indian copyright law, copyright protection is governed by the Copyright Act, 1957, and it
follows international copyright principles, including the Berne Convention. To qualify for copyright
protection in India, a work must meet certain criteria:

• Originality: The work must be the result of the author's own intellectual effort and creativity.
It should not be a direct copy of another work. Originality does not mean that the work has
to be entirely novel or groundbreaking; even a modest degree of creativity is sufficient.
Example: If a writer creates a unique short story with original characters and plot, it satisfies
the originality criterion.
• Fixation: The work must be fixed in a tangible medium, making it perceptible either directly
or with the help of a machine or device. Fixation can include writing it down, recording it, or
saving it in a digital format.
Example: A musician records a new song, fixing the musical composition and lyrics in an
audio file. This tangible medium (the audio file) satisfies the fixation requirement.
• Expression of Ideas: Copyright protects the expression of ideas, not the ideas themselves. It
is the particular way in which ideas or information are presented that is copyrightable.
Abstract ideas, concepts, procedures, and methods are not protected.

Example: While an idea for a fantasy novel cannot be copyrighted, the actual text of the
novel, with its unique characters and narrative, is eligible for copyright protection.

• Independently Created: The work should be independently created by the author and
should not be a copy of someone else's work. Even if the work is similar to others, as long as
it is independently created, it can be eligible for copyright protection.
Example: An artist creates an original painting without copying the style or content from any
existing artwork, meeting the requirement of independent creation.

• Original Literary, Artistic, or Musical Work: Copyright in India covers various categories,
including literary, artistic, and musical works.These categories are broadly defined and can
include novels, paintings, songs, computer programs, architectural designs, and more.

Example: A software developer creates a unique computer program, and this code is
considered a literary work eligible for copyright protection.

• Minimum Creativity: While the level of creativity required for copyright protection is
minimal, there must be some originality or creativity. However, not every trivial or
commonplace creation may qualify.

Example: A photographer captures a creative and unique composition of a landscape,

demonstrating the minimal creativity needed for copyright protection.

• Non-Functionality: Copyright protects the creative expression, not functional aspects.

Functional elements are typically covered by other forms of intellectual property, such as
patents or designs.
 Example: A furniture designer's artistic design of a chair is eligible for copyright, but the
functional aspects, like its ability to support weight, are not covered.

• Duration: Copyright protection in India is time-bound. It generally lasts for the lifetime of the
author plus 60 years after their death. In the case of anonymous works, pseudonymous
works, and works made for hire, the duration varies.
Example: If a novelist passes away, their works will be protected for 60 years after their death
before entering the public domain.

• Nationality or Domicile: Indian copyright law grants protection to works created by Indian
nationals or domiciled in India, as well as works created in India.

Example: An Indian photographer, regardless of where they are in the world, enjoys
copyright protection under Indian law.

• Originality and Originality of Translation: Originality can also apply to translations and
adaptations. A translation or adaptation may be eligible for copyright protection if it exhibits
creativity and originality in the adaptation process.

Example: A translator creatively translates a novel from one language to another, ensuring
that the translation is not a mere mechanical or literal reproduction.

It's important to note that copyright protection is automatic upon the creation of a qualifying work in
India. There is no formal registration requirement for copyright. However, registering the work with
the Copyright Office can provide legal advantages, such as evidence of ownership and the ability to
bring a lawsuit for infringement.

To ensure a complete understanding of copyright law in India and its specific requirements, it is
advisable to consult the Copyright Act, 1957, and seek legal counsel if needed. Copyright law can be
complex and may have nuances that require professional guidance.

Question 8: What are the remedies available against infringement of copyright?

Ans : When a copyright is infringed , the owner of the copyright has the right to sue the infringer for
damages. Further he can take criminal action against such infringer.

Section 55 to 70 for remedies available to the copyright owner.

There are four types of remedies available.

1) Civil Remedies

In the context of Indian copyright law, Sections 55 to 62 of the Copyright Act, 1957, outline
the civil remedies available against infringement of copyright. These sections provide the
legal framework for copyright holders to seek redress through civil actions in case of
infringement. Here's an overview of the key civil remedies under these sections:

Sections 55 to 62 of the Copyright Act, 1957:

• Section 55 - Civil Remedies for Infringement:
Description: Section 55 outlines the civil remedies available to copyright owners in
case of infringement. It includes the right to seek injunctions, damages, and an
account of profits.
 Purpose: This section provides a broad overview of the civil remedies that can be
pursued in case of copyright infringement.
• Section 56 - First Owner's Special Rights:
Description: This section specifies that the owner of copyright has the exclusive right
to reproduce, publish, and sell the work. Any infringement of these rights can lead to
legal action.
Purpose: To emphasize the exclusive rights of the copyright owner and provide a
basis for legal action in case of infringement.
• Section 57 - Author's Special Rights:
Description: This section grants certain special rights to the author, including the
right to claim authorship and the right to restrain or claim damages in the case of
distortion, mutilation, or other modifications of the work prejudicial to the author's
reputation.
Purpose: To protect the personal and reputational interests of the author beyond the
economic rights.
• Section 58 - Authorship to be Asserted in Certain Copies:
Description: The author of a work or his legal representatives have the right to claim
authorship in copies of the work.
Purpose: To ensure that the author's claim to authorship is recognized in
reproductions or copies of the work.
• Section 59 - When First Owner of Copyright Violates to Produce Reasonable Copies
to the Public:

Description: If the owner of copyright refuses to produce and publish reasonable

copies of a literary, dramatic, or musical work at a reasonable price, the Copyright
Board may, on the application of any person aggrieved, order the owner to do so.
Purpose: To prevent the owner of copyright from unreasonably withholding the
publication of works, ensuring wider access.
• Section 60 - Rectification of Register:
Description: Any person aggrieved by an entry made in the Register of Copyrights
may apply to the Copyright Board for rectification.

Purpose: To provide a mechanism for correcting errors or rectifying the register in

case of disputes or inaccuracies.
• Section 61 - Civil Court not to Have Jurisdiction:
Description: Once the Copyright Board is established, no civil court shall have
jurisdiction to entertain any suit or proceeding with respect to any matter that the
Board is empowered to determine.
Purpose: To centralize copyright-related disputes under the jurisdiction of the
Copyright Board.
• Section 62 - Copyright Board:

Description: This section establishes the Copyright Board, which has jurisdiction over
matters specified in the Act, including licensing and other copyright-related disputes.

Purpose: To create a specialized body for the adjudication of copyright-related

matters, reducing the burden on civil courts.
The Sections 63 to 70 of the Copyright Act, 1957, outline the criminal remedies available against
infringement of copyright. These sections provide the legal framework for taking criminal action
against individuals or entities engaged in copyright infringement. Here's an overview of the key
criminal remedies under these sections:

Sections 63 to 70 of the Copyright Act, 1957:

• Section 63 - Offense of Infringement of Copyright or Other Rights Conferred by the

Act:

Description: Section 63 makes certain acts of copyright infringement punishable as

offenses. This includes the unauthorized reproduction, communication to the public,
or distribution of copyrighted works.

Penalty: Imprisonment which may extend to three years, or with a fine, or with both.

• Section 64 - Enhanced Penalty for Second and Subsequent Offenses:

Description: Section 64 provides for enhanced penalties for individuals who are
convicted of copyright infringement for the second or subsequent time.

Penalty: Imprisonment which shall not be less than six months but which may extend
to three years, and with fine.

• Section 65 - Possession of Plates for Purpose of Making Infringing Copies:

Description: This section addresses the possession of plates, molds, or other

instruments for the purpose of making infringing copies.

Penalty: Imprisonment which may extend to two years, or with fine, or with both.

• Section 66 - Penalty for Making For Sale or Hire, Importation, Etc., of Infringing
Copies:

Description: Section 66 deals with the making for sale or hire, or the importation of
infringing copies.

Penalty: Imprisonment which may extend to three years, or with fine, or with both.

• Section 67 - Penalty for Making or Possession of Plates for Purpose of Making

Cinematograph Film:

Description: Section 67 deals with the making or possession of plates for the
purpose of making infringing copies of cinematograph films.

Penalty: Imprisonment which may extend to two years, or with fine, or with both.

• Section 68 - Penalty for Knowingly Making Use of Infringing Copy of Computer

Program:

Description: This section pertains to the knowingly making use of an infringing copy
of a computer program.

Penalty: Imprisonment which may extend to three years, or with fine, or with both.

• Section 69 - Penalty for Contravention of Section 52-A:

 Description: Section 69 deals with the penalty for contravention of Section 52-A,
which relates to the removal or alteration of rights management information.

Penalty: Imprisonment which may extend to two years, or with fine, or with both.

• Section 70 - Enhanced Penalty for Second and Subsequent Convictions:

Description: Section 70 provides for enhanced penalties for individuals who are
convicted for the second or subsequent time for certain offenses under the Act.

Penalty: Enhanced imprisonment and fine for second and subsequent convictions

These sections collectively provide a comprehensive framework for copyright holders to

enforce their rights and seek remedies through civil actions in the event of infringement. The
remedies include injunctions, damages, account of profits, and other measures to protect
the interests of copyright owners and author.

2) Criminal remedies

3) Appeal

4) Administrative remedies

1) Civil Remedies:

Short questions

1) Computer software and copyright

Ans : Computer Software and Copyright:

Computer software is protected under the Copyright Act, 1957.

Here's a brief overview of the relationship between computer software and copyright:

Creative Expression: Computer software is considered a creative work, and its code represents a
form of expression. Whether it's an application, operating system, or any other type of software, the
code embodies the creative choices and logic of its developers.

Automatic Protection: In many jurisdictions, including the United States and many European
countries, copyright protection for software is automatic upon its creation. This means that the
moment a programmer writes code, it is protected by copyright, and the author holds the exclusive
rights to reproduce, distribute, and display that code.

Exclusive Rights: Copyright grants the creator of software exclusive rights to control how the
software is used. This includes the right to make copies, distribute copies, and create derivative
works.

License and Ownership: Often, software is distributed under licenses that specify how it can be used,
modified, and distributed. Understanding and adhering to these licenses is crucial for users. In some
cases, software is developed as proprietary, meaning the source code is not disclosed, while open-
source software allows users to view and modify the source code.

Protection of Non-Literal Elements: Copyright protection for software extends beyond the literal
code and covers non-literal elements like the structure, sequence, and organization (SSO) of the
program. This means that even if someone doesn't directly copy the code but reproduces the overall
structure and organization, it could still be considered infringement.

Fair Use and Reverse Engineering: Copyright law provides for certain exceptions, such as fair use.
Fair use allows limited use of copyrighted material without permission for purposes like criticism,
commentary, news reporting, teaching, scholarship, and research. Reverse engineering, under
certain conditions, may be permissible for interoperability purposes.

Digital Millennium Copyright Act (DMCA): The DMCA is a U.S. law that criminalizes the
circumvention of technological measures used to protect copyrighted works. It also addresses issues
related to copyright infringement on the internet.

International Protection: Copyright protection for software extends internationally due to

international treaties, such as the Berne Convention. However, the specifics of protection, duration,
and enforcement can vary by country.

In conclusion, copyright is a crucial aspect of protecting the intellectual property rights of software
developers. It not only safeguards the literal code but also the creative choices and organization of
the software. Understanding copyright law and respecting software licenses are essential for both
creators and users in the digital landscape.

2) Nature of copyright
Ans : Nature of Copyright:

Copyright is a form of intellectual property that grants exclusive rights to the creators of
original works. It provides a legal framework to protect the expression of ideas, fostering
creativity and innovation.
Here are key aspects of the nature of copyright:

Protection of Expression, Not Ideas: Copyright protects the specific expression of ideas, not
the ideas themselves. For example, while a novel's plot idea is not protected, the actual text
written by the author is.
Originality Requirement: To be eligible for copyright protection, a work must be original,
meaning it reflects the author's independent creative effort. The threshold for originality is
generally low, and even small creative contributions can suffice.
Fixed in a Tangible Medium: Copyright protection is granted to works that are fixed in a
tangible medium of expression. This includes books, music recordings, paintings, software
code, and more. Ideas or concepts alone, without tangible expression, are not protected.
Exclusive Rights:
Copyright grants the copyright holder exclusive rights to:
• Reproduce the work.
• Distribute copies of the work.
• Perform the work publicly.
• Display the work publicly.
• Create derivative works based on the original.
Duration of Protection: Copyright protection is not perpetual. The duration varies by
jurisdiction and type of work. Generally, it lasts for the life of the author plus a certain
number of years (e.g., 70 years in many countries).
 Automatic Protection: Copyright protection is automatic upon the creation of a qualifying
work. Registration, while providing additional benefits, is not required for protection to be
established.
Balance of Rights: Copyright law aims to strike a balance between the rights of creators and
the public interest. While creators are granted exclusive rights, copyright limitations and
exceptions allow for uses such as fair use, educational use, and criticism.

Examples of Copyrighted Works:

Literary Works: Novels, poems, essays, and articles are examples of literary works protected
by copyright.
Artistic Works: Paintings, drawings, sculptures, and photographs are artistic works eligible
for copyright protection.
Musical Works: Compositions, sheet music, and lyrics of songs are protected by copyright.
Audiovisual Works: Movies, television shows, and video games, including their scripts and
storyboards, are protected.
Software Code: Source code and object code of computer software are protected by
copyright.
Dramatic Works: Plays, scripts, and choreographic works fall under the category of dramatic
works.
Architectural Works: Original designs of buildings and structures are protected as
architectural works.
Photographic Works: Photographs, as original creations, are protected by copyright.
Understanding the nature of copyright helps creators navigate the legal landscape,
encourages the creation of new works, and ensures a balance between the rights of creators
and the public interest.
3) 'H' conducts a research study on the health conditions of rural children. During a debate on
the programme for improvement of health conditions of rural children, ‘His research
report is circulated in Lok Sabha. The circulation is made without the permission of the
author, can 'H' bring legal action against it?

Ans : In the scenario described, 'H' conducts a research study on the health conditions of rural
children, and the research report is circulated in Lok Sabha without the permission of the author. The
legal implications of such an action would depend on various factors, including the applicable laws
and the circumstances surrounding the circulation of the research report.

Here are some considerations:

Copyright Protection: If the research report is an original work created by 'H,' it is likely protected by
copyright. Copyright provides the author with exclusive rights over the reproduction, distribution,
and public display of the work. Circulating the report without permission may constitute copyright
infringement.

Fair Use or Exception: There are legal doctrines, such as fair use (or fair dealing in some jurisdictions),
that may allow the use of copyrighted works for specific purposes, including reporting, criticism, or
research. However, the application of these doctrines can be context-specific and depends on the
nature and extent of the use.

Parliamentary Privilege: In some jurisdictions, parliamentary privilege may provide certain

immunities to actions taken within the legislative context. This could impact the ability to bring legal
action against the circulation of the research report in a parliamentary setting.
Public Interest Considerations: If the circulation of the research report is deemed to be in the public
interest, it might influence the legal analysis. Some jurisdictions recognize public interest as a factor
that could affect the enforcement of copyright claims.

Consent or Permission: If 'H' had provided explicit consent or permission for the circulation of the
research report in the Lok Sabha, then there might not be a legal basis for action. Consent can
modify the rights of the copyright holder.

Legal Remedies: If 'H' believes that their copyright has been infringed, they may consider legal
remedies such as sending a cease-and-desist notice, seeking an injunction to stop further
distribution, or pursuing legal action for damages.

It's important to consult with legal professionals who specialize in intellectual property law to get
advice tailored to the specific jurisdiction and circumstances. The legal landscape can vary, and the
outcome will depend on the particulars of copyright law, parliamentary privilege, and other relevant
legal principles in the applicable jurisdiction.
4) Write a note on Copyright board.
Ans : The Copyright Board in India is a quasi-judicial body established under the Copyright
Act, 1957. Its primary function is to adjudicate and decide various matters related to
copyright law, including disputes and licensing issues.
Here's a note on the Copyright Board in India:
Establishment: The Copyright Board in India was established under Section 11 of the
Copyright Act, 1957.
It was constituted to provide a specialized forum for the resolution of disputes and the
administration of various aspects of copyright law.
Composition: The Copyright Board is composed of a Chairman and at least two, but not
exceeding 14, other members.
The Chairman should be a person who is or has been a Judge of a High Court, while other
members may include individuals with expertise in copyright law, the recording industry,
publishing, and other related fields.
Jurisdiction and Functions:
The Copyright Board in India has jurisdiction over various matters, and its functions include:

Dispute Resolution: The Copyright Board has the authority to adjudicate and settle disputes
related to copyright licensing, tariffs, and other matters.
It plays a crucial role in resolving conflicts between copyright owners and users, ensuring fair
compensation for the use of copyrighted works.
Tariff Fixation: One of the significant functions of the Copyright Board is the fixation of tariffs
for the use of copyrighted works.
It determines the rates and terms for licensing copyrighted works, particularly in cases where
the copyright owner and user cannot agree on terms.
Grant of Compulsory Licenses:

The Copyright Board has the power to grant compulsory licenses in certain situations,
allowing the use of copyrighted works without the explicit permission of the copyright
owner.
This provision is in place to balance the interests of copyright owners and the public,
ensuring access to works that are not readily available.
 Review of Licensing Terms: Copyright Board may review and modify licensing terms,
ensuring that they are reasonable and fair to both the copyright owners and users.
Rectification of Register: The Copyright Board has the authority to rectify the Register of
Copyrights in case of errors or disputes related to copyright entries.
Other Matters: The Copyright Board may be involved in other matters as stipulated by the
Copyright Act or referred to it by the central government.
Procedures:
The procedures and practices of the Copyright Board are outlined in the Copyright Rules,
2013. The Board follows quasi-judicial procedures, providing an opportunity for both parties
to present their cases and make submissions.
Conclusion:The Copyright Board in India plays a vital role in the administration and
adjudication of copyright-related matters. Its establishment ensures a specialized and expert
forum for addressing disputes, fixing tariffs, and safeguarding the rights of copyright owners
while balancing the interests of users and the public.

5) Three photographers took photo of statute of Mahatma Ghandhi situated at a circle in a town.
Now the photographers claim copyright over the photos. Can they claim?

Ans : In a scenario where three photographers independently take photos of the same statue of
Mahatma Gandhi situated at a circle in a town, each photographer could potentially claim copyright
over their respective photos. Here are the key considerations:
Originality: To qualify for copyright protection, a work must be original. Originality means that the
work is the result of the author's independent creative effort and has not been copied from another
source. Each photographer's specific framing, composition, lighting, and other creative choices in
capturing the photograph contribute to its originality.

Independence of Creation: Since the photographers independently took photos of the same subject,
their works are considered separate and distinct creations. The fact that they all photographed the
same statue does not diminish the originality of each photograph, as each photographer brings their
unique perspective and style to the process.
No Joint Authorship: Joint authorship typically occurs when two or more individuals collaborate on a
single work, and they contribute to the work with the intention of merging their contributions into a
single, unified whole. In this scenario, it seems that the photographers worked independently, and
there is no indication of joint authorship.

Given these considerations, each photographer could claim copyright over their respective
photographs of the Mahatma Gandhi statue. However, it's essential to note that copyright protection
arises automatically upon the creation of the work, and formal registration is not required for
copyright to exist.

If there were any issues regarding the use or reproduction of these photographs by others without
permission, each photographer could individually enforce their copyright and take legal action
against infringement.

It's advisable for photographers to consider registering their works with the copyright office, as
registration can provide additional legal benefits and remedies in the event of copyright
infringement. Additionally, photographers may choose to license or sell their copyrighted works to
others while retaining certain rights for themselves.
6) library authority get five copies of books Xeroxed which is copyrighted due to high price
whether it is an infringement of copyright?

Ans : The act of photocopying copyrighted books without permission is generally considered
copyright infringement. Copyright law grants exclusive rights to the copyright owner, and these rights
include the reproduction of the work. Making unauthorized copies of a copyrighted work, even for
non-commercial purposes, can infringe on the copyright owner's exclusive rights.

However, some countries, including India, have certain exceptions and limitations to copyright
infringement, allowing for certain uses without the need for permission from the copyright owner. In
India, under Section 52 of the Copyright Act, 1957, there are provisions that permit certain acts that
might otherwise be considered infringement under specific circumstances.

One relevant exception is Section 52(1)(i), which allows for the reproduction of a work by a library for
the purpose of research or private study. However, this provision typically has limitations, and the
reproduction should not be for a commercial purpose.
In the situation you described, where a library authorities photocopy five copies of copyrighted
books due to their high price, whether it constitutes infringement would depend on the specific
circumstances and applicable laws. If the photocopies are made for the purpose of research or
private study within the confines of the exceptions provided by copyright law, it might be
permissible.
It's important to note that laws and exceptions can vary, and interpretations may change. It would be
advisable for the library authorities to check the specific provisions of copyright law in their
jurisdiction, and if necessary, seek legal advice to ensure compliance with copyright regulations.
Additionally, some jurisdictions may have specific licenses or agreements in place that allow for
certain copying activities within the educational or library context.