A) INTRODUCTION

‘Copyright’ in simple terms means the exclusive right to copy or reproduce the work for which
the author has got a right. It is the right to do or authorise others to do certain acts in literary,
dramatic, musical, artistic works, cinema film and sound recording, copyright is the product like
of human skill and his mental efficiency on his creative work.

B) COPYRIGHT AND INTELLECTUAL PROPERTY

Copyright is a form of Intellectual property, which is nothing but a human brain. The subject
matter of intellectual property includes patents, copyrights of literary and artistic works, films,
computer programs, inventions, designs, trademarks etc.

The intellectual property can be sold, mortgaged, leased etc., like any other physical property
from one person to another. The law relating to intellectual property governs the legal rights
associated with creative works and commercial reputation and goodwill.

At the same time, certain remedies are provided under the law to the author or inventor to
protect his ideas from infringement by others. When a person produces or creates something,
he must have the right to use it exclusively and reap the benefits from it.

C) ORIGIN OF COPYRIGHT

Copyright has its origin in the beginning of the 20th century, after printing technology was
invented and the literacy rate started growing amoung people.

In ancient days, when Bhagavat Gita, Ramayana, Mahabaratha, Thirukkural etc., were written
and there was no copyright laws and these great masterpieces were largely used by the
majority of the people for common good.

There are many international covenants in copyrights like Berne Convention 1886,
Universal copyright convention 1940, Inter American Copyright convention 1889, 1902, 1907,
1910, 1928 and 1946, WIPO Copyright Treaty, WIPO performances and Phonograms Treaty
1996 etc., which emphasize the need for enacting copyright laws to protect the authors/
creators’ ideas and to recognize their talents.

In India, copyright Act was first enacted in 1847 during the East India Company’s Rule,
but the extent of applicability of the Act was not much familiar. In the year 1911, again the
Copyright act was enacted in England and based on which in India, the Indian copyright Act was
enacted in the year 1914.

After independence, the Copyright Act was passed by the Parliament in the year 1957. In the
year 1994, when India became a member in the General Agreement on Trade and Tariff, the
Copyright Act was amended to give effect to the GATT proposals, so that Copyright laws
become universal and similar to the laws existing in other parts of the world.

D) NATURE OF COPYRIGHT

(i) Copyright creates a ‘right in rem’ It means that it is an exclusive right available to a
respective person against the whole world. For eg. If a person has written a original
book and obtains copyright, the he has got all rights realted to that book and no other
person can copy without his concurrence.

(ii) Copyright is an incorporeal property, like goodwill, trademark etc. The property right
is not visible in the case of intellectual properties, but still legally subsists. It can be
sold, transferred etc., like any other corporeal property.

(iii) Infringement of copyright is an actionable wrong. It means the copyright holder can
sue any person who infringers the copyright.

(iv) The incorporeal property over which copyright is available must be a legal one. It
should not affect the Government or Public or create immorality among the public.

(v) Copyright is a positive right to the copyright holder and a negative right to others. It
is a positive right because the copyright holder can copy his original work, take any
number of copies, translate, abridge etc. It is a negative right for others, because
they should not copy without the permission of the copyright holder.

E) OBJECT OF COPYRIGHT

The object of the copyright law is to motivate the talented persons to innovatively create original
pieces of work by granting them the exclusive right of use of their creative products and earn
money and bring name to our country also.

Unfortunately, due to improved technology and science, the original creative works were
infringed by unscrupulous people to derive undue benefits out of it, by misusing the same.

Hence, there is a need for enacting an Act like Copyright Act, to protect the authors whose
human sills and brains are applied for augmenting income for their economic progress.

Further, the formalities to be fulfilled for acquiring a copyright has been made easy by the Act.
Further, the copyright protection is given for a long period of 60 years.

F) CHARACTERISTICS OF COPYRIGHT
 (i) It must be a original work and should not have been copied from any other work
and the work must originate from the author and it includes literary, dramatic,
musical or artistic work.
(ii) The copyright must have some form of expression of ideas. Mere ideas cannot
constitute copyright, but only the method of expression of ideas constitute
copyright.
(iii) The copyright holder has got multiple rights like copying his original work,
performing in public, circulation and distribution of copies of his work, earn
money through such acts, translation of his works in other languages, abridgment
of his works etc.

G) CONCLUSION

The copyright holder has got exclusive right to do or authorise others to do certain acts
regarding his creative work. He can also get licences from the Government to establish his
copyright.

Copyright is a private right and it is not a common law or public right. The right is
protected by the copyright act 1957.