Copyright is a form of intellectual property protection granted under Indian law to the creators of
original works of authorship such as literary works (including computer programs, tables and
compilations including computer databases which may be expressed in words, codes, schemes or in
any other form, including a machine readable medium), dramatic, musical and artistic works,
cinematographic films and sound recordings.
Copyright is a negative right and the owner of a copyright gets the right to prevent others from
copying his work without his consent towards a commercial end
A work to be a copyrightable subject matter is to be created by the exercise of labour, skill and
judgment of the author. Also, such exercise of efforts on the part of the author should not be trivial
in nature and thus should not be a mere exercise of the mechanical function of copying the work of
another. Variation must be substantial in nature than merely trivial thus requirement of degree of
originality is quantitative in nature.
The Owner of a copyright has no monopoly in the subject matter. Others are at liberty to produce
the same result provided they do so independently and their work is ‘original’.
Ideas can not be copyrighted
Gleeson v Denne : making a telephone directory, street directory: copyright (slide 13)
Govindan v Gopalakrishnan : reproduction of an original work: copyright can be given but To
determine the originality ,the degree of skill ,labour and innovativeness is to be considered
Copyright can be given for script but not for movie itself
Copyrights can be sold for a consideration
All the rights of the original work apply to a translation also.
Jagdish Chandra v Mohim Chandra : Reporting a judgement can not be given a copyright but
creating a teaching material by finding suitable cases can be given a copyright
students are under an implied contract not to publish classroom lectures though they are entitled to
use them for their own information in studiesCollective works like encyclopedia or a dictionary
constitute works written in distinct parts by different authors.
Each author has a copyright besides the complier of the dictionary who has a separate copyright.
Adaptation involves the preparation of a new work in the same or different form based upon an
already existing work. The Copyright Act defines the following acts as adaptations:
Conversion of a dramatic work into a non dramatic work
Conversion of a literary or artistic work into a dramatic work
Re-arrangement of a literary or dramatic work
Depiction in a comic form or through pictures of a literary or dramatic work
Transcription of a musical work or any act involving re-arrangement or alteration of
an existing work.
Section 38B is a new provision in the Act which deals with the moral rights of performers. This
particular provision — Section 38B(b) of the Act — states that ‘the performer of a performance shall,
independently of his right after assignment, either wholly or partially of his rights, have the right to
restrain or claim damages in respect of any distortion, mutilation or other modification of his
performance that would be prejudicial to his reputation
Copyright comes into existence as soon as a work is created and no formality is required to be
completed for acquiring copyright. However, certificate of registration can act as an evidence in a
court of law with reference to dispute relating to ownership of copyright.
Assignment: transfer or setting over to another by the owner of a copyright
Sect 19 Assignment of copyright has to be in writing and signed by the assignor or by his
duly authorised agent
As India is member of Berne convention Protection is given to works first published in
India, in respect of all countries that are member states to treaties and conventions to which
India is a member
Photographs are treated as artistic works and copyright holds till sixty years after
photographer dies
Punishment
The minimum punishment for infringement of copyright is imprisonment for six months with the
minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum
punishment is imprisonment for one year and fine of Rs. one lakh.
Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence is of
infringement of copyright, can seize without warrant, all copies of the work
Any person who knowingly infringes or abets the infringement of the copyright in any work commits
criminal offence under Section 63 of the Copyright Act
