Copyright Act, 1957

Copyright law as its name suggests is the simple law that

suggests if you create something you own it and only you get to
decide what happens next with it. In India, law related to
copyright is governed by the Copyright Act, 1957.
The objective of this copyright law is mainly twofold:
--+first to assure authors, composers, artists, designers and
other creative people, who risk their capital in putting their
works before the public, the right of their original expression,
and
--+ second to encourage others to build freely upon the ideas
and information conveyed by a work.

Historical development in India

In India, the earliest law of copyright was enacted by the British
during the realm of East India Company that is the Indian
Copyright Act, 1847 which was passed for the enforcement of
rules of English copyright in India. After it, by Copyright Act
1911, this law was repealed, replaced and applied to all British
colonies including India. Further, it was again modified in 1914
by the Indian Copyright Act, 1914, which remained applicable in
India until replaced by the Copyright Act, 1957 by the
parliament of sovereign India. Copyright laws serve to create
property rights for certain kinds of intellectual property,
generally called works of authorship. Copyright laws protect the
legal rights of the creator of an ‘original work’ by preventing
others from reproducing the work in any other way.
Subject matter of copyright
All subject matters protected by copyright are called ‘works’.
Thus according to Section 13 of The Copyright Act 1957, it may
be subjected for the following works:
 Original Literary Work,
 Original Dramatic work,
 Original Musical work,
 Original Artistic Work,
 Cinematography films, and
 Sound recordings.

Berne Convention (1886)

The Berne Convention, adopted in 1886, is a foundational
international agreement that protects the rights of authors over
their literary and artistic works. It was established under the
auspices of the World Intellectual Property Organization
(WIPO) and aims to create a unified framework for copyright
protection among member countries.

Key Features:
1. Automatic Protection (No Formalities)
o Copyright arises automatically upon creation of a

work.
 o No need for registration or use of a copyright symbol.
2. National Treatment
o Authors from any member country receive the same

rights and protections in other member countries as

those countries grant their own nationals.
3. Minimum Standards of Protection
The Convention sets minimum protection standards,
including:

o Term of protection: Minimum of life of the author +

50 years.
o Protected works: Literary, artistic, musical, and

dramatic works; translations, adaptations, etc.

o Exclusive rights: Rights to reproduce, translate, adapt,

publicly perform, and broadcast the work.

4. Moral Rights
o Authors have the right to:

 Claim authorship of the work (right of attribution).

 Object to distortion or modification of the work

(right of integrity).
5. Control Over Use
o Authors can control how their works are used,

including:
 Reproduction

 Translation

 Adaptation

 Public performance

6. International Cooperation
o Facilitates cooperation and uniformity in copyright

enforcement across borders.

7. Berne Union
 o The group of countries that are parties to the
Convention is known as the Berne Union.
o Administered by WIPO, which helps in resolving
disputes and updating the treaty.

Conclusion:
The Berne Convention is the cornerstone of international
copyright law, ensuring that creators are protected
globally without the need for formal registration. It
establishes strong rights for authors and fosters
international collaboration in protecting intellectual
property.

Universal Copyright Convention (UCC), 1952

The Universal Copyright Convention (UCC) was adopted in 1952
under the auspices of UNESCO to provide a more flexible
alternative to the Berne Convention, especially for countries
(like the United States) that were not initially part of Berne. It
aimed to promote international copyright protection while
allowing for some procedural formalities.
Key Features of UCC – One-Liners
1. Flexible Formalities Allowed – Countries may require copyright
notice (e.g., © symbol and year).
2. National Treatment Principle – Foreign authors are granted the
same rights as nationals of the member country.
3. Minimum Term of Protection – Copyright must last at least the
life of the author plus 25 years.
4. Mandatory Copyright Notice – Protection can depend on
including a copyright notice on the work.
5. Focus on Developing Nations – Designed to accommodate legal
systems of newly independent and developing countries.
6. Compatibility with Berne – Countries may be party to both UCC
and Berne without legal conflict.
7. Encourages Global Participation – Broader and more flexible than
Berne to attract non-European and non-Western nations.
8. Translations Controlled – Recognizes authors' rights over
translations of their works.
9. UNESCO Oversight – The convention is administered by UNESCO,
not WIPO.
10. Promotes Educational Use – Offers more leniency in
reproduction for educational and cultural use in some cases.

Conclusion:

The UCC served as a bridge for countries unwilling or unable to

join the more rigorous Berne Convention, allowing for copyright
harmonization across different legal systems while still
providing basic international protections.
🔹 Key Provisions under the Copyright Act, 1957

✅ Section 40 – Power to Extend Copyright to Foreign Works

 The Central Government may, via notification, extend the
provisions of this Act to:
o Works first published in any foreign country,

o Works of foreign authors, or

o Works by international organizations.

 This is done only if a reciprocal treaty or agreement exists

between India and that country.

✅ Section 41 – Copyright in Foreign Works

 Once Section 40 is invoked, foreign works get the same copyright
protection as Indian works.
 It ensures equal treatment to foreign authors if their countries
reciprocate similar protection to Indian works.

✅ Section 42 – Restriction on Rights of Foreign Works

 If a foreign country does not grant copyright protection to Indian
works, the Government of India can limit or deny protection to
works from that country.
 This ensures mutual benefit and fairness in international
copyright relations.

✅ Section 43 – Interpretation for Foreign Works

 Clarifies how terms such as "copyright," "publication," and
"author" should be interpreted in the context of foreign laws.
 Ensures clarity in the application of Indian copyright law to works
originating from outside India.
Copyright in Literary, Dramatic, and Musical Works
1. Literary Works

 Literary works include novels, stories, poems, articles, and

computer programs (text-based).
 Copyright protects the expression of ideas, not the idea itself.
 Under the Copyright Act, 1957 (India), the author is the first
owner of the copyright unless created under a contract of service
(e.g., an employer).
 Duration: Life of the author + 60 years after death.
 Rights: Right to reproduce, publish, perform, translate, and adapt
the work.

2. Dramatic Works
 Covers plays, screenplays, scripts, choreographic works, etc.
 These works can be written or performed.
 Dramatic works receive protection as literary works, and any
unauthorized performance constitutes infringement.
 Duration: Life + 60 years.
3. Musical Works

 Includes compositions like melodies, notations, and musical scores

without the lyrics (lyrics are literary works).
 Does not include sound recordings (they are separate).
 The composer is the copyright owner unless transferred by
agreement.
 Duration: Life + 60 years.

Copyright in Sound Recordings

 Defined under Section 2(xx) of the Copyright Act, 1957.

 A sound recording is a recording of music, spoken words, or other
sounds.
  It may contain both musical and literary works but is treated as a
separate work.
 Rights: Reproduction, communication to the public, and rental
rights.
 Duration: 60 years from the year following publication.
 Important Note: Multiple copyrights may coexist – the copyright
in the musical/literary work, and separately in the sound
recording.

Copyright in Cinematograph Films

 Defined under Section 2(f) of the Copyright Act.

 Includes any sequence of visual images recorded together, with or
without sound.
 Examples: Feature films, documentaries, video clips.
 The producer is usually the copyright owner.
 Rights: Reproduction, distribution, public performance,
adaptation.
 Duration: 60 years from the year following publication.
 Co-existing rights: Copyright in underlying script (literary), music,
choreography, dialogues, and sound.

Copyright in Computer Programmes

 Recognized as literary works under Indian copyright law.

 The source code and object code are protected.
 Owner: Typically the programmer, unless developed under a
contract of employment.
 Rights: Reproduction, distribution, modification, rental,
translation.
 Special Provision: The Copyright Act includes specific provisions
for infringement of software – Section 63B prescribes criminal
liability.
  Duration: Life of the author + 60 years.

Author’s Special Rights (Moral Rights)

 Provided under Section 57 of the Copyright Act.

 These rights are independent of the economic rights and exist
even after the transfer of copyright.
 Two main moral rights:
1. Right of Paternity: The right to be identified as the author of
the work.
2. Right of Integrity: The right to object to any distortion,
mutilation, or modification that harms the author's
reputation.
 These rights persist even after copyright is assigned.
 Important case: Amarnath Sehgal v. Union of India – moral rights
upheld even after the sculpture was removed from a government
building.
 Relevant
Type of Rights
Definition / Scope Owner Duration Sections /
Work Conferred
Notes
Author (or Reproduce, Covered under
Includes novels,
employer if publish, Life of the Section 13;
Literary stories, poems,
created perform, author + includes
Works articles, computer
under translate, 60 years computer
programs
service) adapt programmes
Reproduce, Can include
Plays, screenplays,
Dramatic perform Life + 60 both spoken
scripts, Author
Works publicly, years text and stage
choreography
adapt directions
Lyrics are
Melody, notations, Perform,
Musical Life + 60 protected as
musical score Composer reproduce,
Works years literary works
(without lyrics) adapt
separately
Section 2(xx);
Reproduce,
A recording of 60 years multiple
Sound distribute,
sound, music, Producer from copyrights can
Recordings communicate
voice, etc. publication exist
to the public
simultaneously
Section 2(f);
Visual images Reproduce,
60 years includes
Cinematogra with/without distribute,
Producer from underlying
ph Films sound (e.g., films, communicate
publication literary and
videos, etc.) to the public
musical rights
Recognized
Instructions/code Reproduce, under literary
Computer Programmer Life + 60
expressed in text sell, modify, works; special
Programmes / Employer years
or digital form distribute protection
under 63B
Moral rights:
Right to Lifelong, Section 57;
attribution
Author’s Author claim even after Case:
(paternity) &
Special (cannot be authorship, assignmen Amarnath
protection from
Rights transferred) object to t of Sehgal v.
distortion
distortion copyright Union of India
(integrity)
📡 Rights of Broadcasting Organizations
📘 Legal Basis:
 Section 37 of the Copyright Act, 1957
 Introduced as “Broadcast Reproduction Right”

✅ Definition:
Broadcasting means the communication of a work by wireless diffusion (radio,
TV, satellite, cable) or by wire, intended for public reception.

✅ Rights Granted:
A broadcasting organization gets the exclusive right to:

1. Rebroadcast its programs.

2. Cause the broadcast to be heard or seen by the public on payment.
3. Make recordings of the broadcast for commercial use.
4. Sell or rent such recordings.
5. Prevent unauthorized recording or duplication of its broadcast.

⏳Duration:
 25 years from the beginning of the calendar year next following the year in
which the broadcast was made.

⚖ Important Case:
 Phonographic Performance Ltd. v. Hotel Gold Regency – Hotels
rebroadcasting music without license infringed the broadcast reproduction
right.

🎭 Performers’ Rights

📘 Legal Basis:

 Sections 38, 38A, 38B (amended in 2012)

 Falls under "Neighboring Rights" or "Related Rights"
✅ Who is a Performer?

A performer includes actors, singers, musicians, dancers, acrobats, and

others who perform literary or artistic works live or recorded.

🎤 Section 38 – Exclusive Performer’s Rights:

Performer has the exclusive right to:

1. Make sound or video recordings of their performance.

2. Reproduce the performance in any medium.
3. Broadcast the performance.
4. Distribute copies to the public.
5. Communicate the performance to the public.

📘 Detailed Explanation: Copyright Law Topics

🕒 1. Term of Copyright

📜 (Sections 22–29, Copyright Act, 1957)

Relevant
Type of Work Term of Protection
Section

Literary, Dramatic, Lifetime of author + 60 years after

Section 22
Musical, Artistic Works death

60 years from publication or

Anonymous &
disclosure of identity, whichever is Section 23
Pseudonymous Works
earlier

60 years from the year of first

Posthumous Works Section 24
publication
 Relevant
Type of Work Term of Protection
Section

60 years from year following

Cinematograph Films Section 26
publication

60 years from year following

Sound Recordings Section 27
publication

60 years from year following

Government Works Section 28
publication

60 years from year following

Public Undertaking Works Section 28A
publication

60 years from year following

International Organizations Section 29
publication

🏛 2. Copyright Registrar and Copyright Board

🔹 A. Copyright Registrar

📜 (Section 9)

 Appointed by Central Government.

 Maintains Register of Copyrights.
 Handles registration, issuance of certificates, public inquiries, and
facilitates dispute resolution.

🔹 B. Copyright Board (now abolished, powers transferred)

📜 (Section 11 - repealed in 2021)

 Formerly resolved disputes, licensing issues, and royalty claims.

 Powers now vested in Commercial Courts or IPAB (till dissolved).
✳ Note: As per the Tribunal Reforms Act, 2021, the Copyright Board
and IPAB have been abolished.

👥 3. Copyright Societies

📜 (Sections 33–36B)

Aspect Details

Definition Collective management organizations registered under Section 33.

Issue licenses, collect and distribute royalties on behalf of authors and

Function
owners.

Registration Mandatory to operate legally; monitored by Central Government.

IPRS (Indian Performing Right Society), PPL (Phonographic

Examples
Performance Ltd), ISRA (Performers)

Maintain transparency, submit annual returns, adhere to licensing

Duties
and royalty-sharing norms.

👤 4. Ownership, Assignment & Licence

🔹 Ownership (Section 17)

 Author is the first owner unless the work is created under a
contract of service (employment).
 In case of commissioned works (films, photos), the commissioner
may be the owner unless agreed otherwise.

🔹 Assignment (Sections 18–19A)

 Must be in writing with specific terms:
o Nature of rights
 o Duration (default: 5 years if not specified)
o Territory (default: India if not mentioned)

 Assignee gets rights to commercially exploit the work.

🔹 Licence (Sections 30–32B)

 Author or owner may grant a licence (exclusive or non-exclusive).
 Must be in writing.
 Includes voluntary, statutory, and compulsory licences.

🌐 5. Translation of Copyrighted Works

📜 (Section 14 – Adaptation Rights)

 Translation is an adaptation, protected under exclusive rights of
the author.
 Requires permission or licence.
 Unauthorized translation = copyright infringement.
 Compulsory licences may be granted if the original work is not
translated into regional languages.

📄 6. Compulsory Licences

📜 (Sections 31–31B, 32–32B)

Provision Purpose Section

Public interest if rights are being withheld

Section 31 Section 31
unreasonably

Section
Section 31A For unpublished Indian works
31A
 Provision Purpose Section

To make works accessible to disabled

Section 31B Section 31B
persons

Sections For translations and republication of books Sections

32–32B not made available by the copyright owner 32–32B

Authority: Application to be made to Commercial Court (earlier

Copyright Board).

⚖ 7. Fair Use / Fair Dealing Provisions

📜 (Section 52)

Permitted Uses (without infringement):

 Private or personal use, including research and study.

 Criticism or review of any work.
 Reporting current events, including newspapers and broadcasts.
 Use in educational institutions for teaching and exam purposes.
 Reproduction by libraries for research and archival use.
 Use in judicial proceedings.
 Accessibility for disabled persons.

🔹 These uses are not infringements, but must be within reasonable

limits and not commercially exploitative.

✅ Summary Table
Concept Key Section(s) Highlights

Term of Different terms based on type of

Sections 22–29
Copyright work
 Concept Key Section(s) Highlights

Section 9, Registrar manages records; Board

Registrar &
Section 11 replaced by courts/IPAB (now
Board
(Repealed) abolished)

Copyright Collective rights management for

Sections 33–36B
Societies authors/owners

Author = default owner unless

Ownership Section 17
employed or assigned

Assignment & Sections 18–19A, Writing is essential; includes

Licence 30–32B compulsory and voluntary licensing

Treated as adaptation; requires

Translation
Section 14 permission unless covered by
Rights
compulsory licence

Compulsory Sections 31–31B, For public access, disabled users,

Licensing 32–32B translations, etc.

Allows limited use without

Fair Use
Section 52 infringement for education,
Provisions
research, criticism, etc.