(Sessional 25)

📚 What Is Copyright?
Copyright is a type of intellectual property right that protects original creative works. It gives the
creator or author the exclusive right to use, reproduce, distribute, and adapt their work.

🧠 Think of it as a legal shield for your creativity—whether it’s a song, a book, a painting, or even software
code.

🎨 What Can Be Protected by Copyright?

Copyright protects original expressions, not ideas. The work must be fixed in a tangible form (written,
recorded, drawn, etc.).

✅ Examples of Copyrightable Works:

●​ Literary works (books, poems, articles)
●​ Artistic works (paintings, drawings, sculptures)
●​ Musical works (lyrics, compositions)
●​ Cinematographic films
●​ Sound recordings
●​ Computer software
●​ Architectural designs

🚫 What Cannot Be Copyrighted?

●​ Ideas, facts, or concepts
●​ Mathematical formulas
●​ Names, titles, slogans (these are protected by trademarks)
●​ Procedures or methods (these are protected by patents)

⚖️ Rights Given by Copyright

Once you create something original, you automatically get these rights:

Right What It Means

Reproduce opies of the work

Distribute share the work publicly

Perform m the work in public (e.g., a play or song)

 Adapt derivative works (e.g., turn a book into a movie)

Display he work publicly (e.g., exhibit a painting)

🕒 Duration of Copyright
●​ In India: Lifetime of the author + 60 years
●​ After that, the work enters the public domain (anyone can use it freely)

📝 Do You Need to Register?

●​ No—copyright exists automatically when the work is created
●​ But registration is helpful if you want to:
●​ Prove ownership
●​ File a lawsuit for infringement

🧠 Summary
Feature Explanation

What it protects Original creative expressions (not ideas)

Who gets it The creator or author

When it starts As soon as the work is created and fixed in a tangible

form

How long it lasts Lifetime of author + 60 years (in India)

Is registration Not mandatory, but useful for legal protection

needed?
📜 What Is Copyright?
Copyright is a legal right that protects original creative works. It gives the creator the exclusive right to
use, reproduce, publish, perform, or adapt their work for a certain period.

🧠 Think of it as a “no copying allowed” sign for your creative content.

(Sessional 25)

✅ Works Protected Under Copyright Law (Section 13 of the Copyright Act,

1957)
Here are the main categories of works that are protected:

1. Literary Works

📘
●​ Includes: Novels, poems, essays, textbooks, computer programs, databases
●​ Example: A story you write or a software code you develop

2. Dramatic Works

🎭
●​ Includes: Plays, scripts, screenplays, choreography (if written down)
●​ Example: A written script for a stage drama or a dance performance

3. Musical Works

🎼
●​ Includes: Musical compositions (notes and arrangements), not the lyrics or performance
●​ Example: The sheet music of a song

4. Artistic Works

🎨
●​ Includes: Paintings, drawings, sculptures, photographs, architecture, maps, diagrams
●​ Example: A hand-drawn cartoon or a building design

5. Cinematograph Films

🎬
●​ Includes: Movies, video clips, documentaries, animations
●​ Example: A short film you shoot on your phone

6. Sound Recordings

🎧
●​ Includes: Audio recordings of music, speeches, podcasts, etc.
●​ Example: A recorded podcast episode or a music album

7. Architectural Works

🏛️
●​ Includes: Building designs and blueprints
●​ Example: A unique design for a public library

🚫 What Is Not Protected?

 ●​ Ideas, facts, or concepts (only the expression is protected)
●​ Procedures or methods
●​ Names, titles, slogans (these are protected under trademark law)
●​ Government works (unless specifically allowed)

🧠 Summary Table
Type of Work Examples

Literary Books, blogs, software code, databases

Dramatic Scripts, plays, choreographed

performances

Musical Sheet music, compositions

Artistic Paintings, logos, architectural drawings

Cinematograph Films Movies, animations, video content

Sound Recordings Songs, podcasts, recorded speeches

Architectural Works Building designs, blueprints

🧩 What Is Copyright Infringement?

Copyright infringement means using someone else’s original creative work without their permission—in
a way that violates their legal rights.

🧠 Think of it like copying someone’s song, book, or artwork and using it as your own without asking.
📜 Legal Basis in India
●​ Governed by the Copyright Act, 1957
●​ The creator gets exclusive rights to:
●​ Reproduce
●​ Publish
●​ Perform
●​ Translate
●​ Adapt
●​ Distribute their work

Using any of these rights without consent is considered infringement.

🚨 Common Examples of Infringement

Type of Work Infringement Example

Literary Work Copying a blog post or book chapter and posting it online

Music Using a song in a video without permission

Film/Video Uploading a movie clip to YouTube without rights

Software Sharing or using pirated software

Artwork Printing someone’s design on T-shirts and selling them

🔍 Types of Infringement
1. Primary Infringement

●​ Directly copying or using the work without permission

●​ Example: Downloading and sharing a pirated movie

2. Secondary Infringement

●​ Helping others infringe (e.g., selling pirated CDs or hosting illegal downloads)
●​ Even if you didn’t create the copy, you’re still liable.

✅ What Must Be Proven?

To prove infringement, two things must be shown:

1.​ The work is original and protected by copyright

2.​ The infringer copied or used it without permission

🚫 What Is Not Infringement?

 ●​ Fair use for education, research, criticism, or review (with limits)
●​ Using ideas, not the exact expression (ideas are not protected)
●​ Expired copyrights (works in the public domain)

⚖️ Remedies for Infringement

If someone infringes your copyright, you can:

●​ File a civil suit for:

○​ Injunction (stop the misuse)
○​ Damages (compensation for loss)
○​ Seizure of infringing goods
●​ File a criminal complaint (in serious cases)
●​ Punishment may include fines and imprisonment

🧠 Summary Table
Aspect Explanation

What is Infringement? Unauthorized use of copyrighted work

Legal Basis Copyright Act, 1957

Types Primary (direct use), Secondary (indirect help)

Common Examples Pirated books, music, movies, software

Remedies Injunction, damages, seizure, criminal action

🌍 International Protection of Copyright: An Overview

Copyright protection doesn’t stop at a country’s border. Thanks to international treaties,
creators enjoy protection in many countries without needing to register in each one.

✈️ Key International Treaties India Is Part Of:

Treaty Purpose
 Berne Convention (1886) Protects literary and artistic works; no need for
registration in each country

Universal Copyright Ensures minimum protection across member countries

Convention (1952)

Rome Convention (1961) Protects performers, producers of sound recordings,

and broadcasters

TRIPS Agreement (1995) Sets global standards for IP protection under WTO

WIPO Copyright Treaty (1996) Updates copyright law for the digital age

Geneva Convention (1971) Protects producers of phonograms (sound recordings)

🧠 India is a signatory to all of these, which means Indian works are protected in over 180
countries—and vice versa.

📜 Indian Copyright Act, 1957:

This is the main law that governs copyright in India. It protects original works like books,
music, films, software, and art.

🎯 Objectives of the Act:

●​ Encourage creativity and innovation
●​ Give creators exclusive rights
●​ Prevent unauthorized use (infringement)
●​ Align with international standards

🧩 Types of Works Protected

Category Examples

Literary Books, blogs, software code

Musical Sheet music, compositions

Artistic Paintings, logos,

architecture

Cinematographic Films, animations

Sound Songs, podcasts

Recordings

Dramatic Plays, scripts

Architectural Building designs

🔧 Key Amendments to the Copyright Act

Year What Changed

1983 & 1984 Strengthened enforcement and introduced criminal penalties

1994 Recognized performers’ rights and rental rights for films and music

1999 Aligned Indian law with TRIPS Agreement

2012 Major update:

- Gave authors (like lyricists and composers) royalty rights

- Recognized digital rights (internet, streaming)

 - Made the law more accessible for disabled users

- Strengthened protection for foreign works

🛡️ How India Aligns with International Standards

International Standard How India Complies

Berne Convention No need for registration to claim copyright

TRIPS Agreement Provides 60+ years of protection, recognizes digital and

moral rights

WIPO Treaties Protects digital works, performers, and broadcasting rights

Rome & Geneva Protects sound recordings and performers’ rights

Conventions

🧠 Summary
●​ Copyright protects original creative works
●​ India’s law is TRIPS-compliant and aligned with WIPO treaties

📚 What Are “Copyright Works”?

A copyright work is any original creative expression that is fixed in a tangible
form—like written, recorded, drawn, or filmed. Copyright gives the creator exclusive rights
to use, share, and profit from their work.

🧠 It protects the “expression” of an idea—not the idea itself.

✅ Categories of Copyright-Protected Works (Section 13, Copyright Act, 1957)
Here are the main types of works protected under Indian copyright law:

1. Literary Works

📘
●​ Includes: Books, poems, articles, blogs, software code, databases
●​ Example: A novel, a research paper, or a C program you wrote

2. Dramatic Works

🎭
●​ Includes: Plays, scripts, screenplays, choreography (if written)
●​ Example: A written script for a stage drama or a dance performance

3. Musical Works

🎼
●​ Includes: Musical compositions (notes and arrangements), not lyrics or recordings
●​ Example: The sheet music of a song

4. Artistic Works

🎨
●​ Includes: Paintings, drawings, sculptures, photographs, architecture, maps
●​ Example: A hand-drawn cartoon or a building blueprint

5. Cinematograph Films

🎬
●​ Includes: Movies, animations, video clips with or without sound
●​ Example: A short film or YouTube video you created

6. Sound Recordings

🎧
●​ Includes: Audio recordings of music, speeches, podcasts
●​ Example: A recorded podcast episode or a music album

7. Architectural Works

🏛️
●​ Includes: Building designs and plans
●​ Example: A unique design for a public library or temple

🚫 What Is Not Protected?

●​ Ideas, facts, or concepts
●​ Mathematical formulas
●​ Procedures or methods
●​ Names, titles, slogans (these are protected under trademark law)

🧠 Summary Table
Type of Work Examples
 Literary Books, blogs, software code, databases

Dramatic Scripts, plays, choreographed

performances

Musical Sheet music, compositions

Artistic Paintings, logos, architectural drawings

Cinematograph Films Movies, animations, video content

Sound Recordings Songs, podcasts, recorded speeches

Architectural Works Building designs, blueprints

🧠 What Is Copyright Ownership?

Ownership of copyright means having the legal right to control how a creative work is
used—like who can copy it, sell it, perform it, or adapt it.

🧠 Think of it like owning a house—you can live in it, rent it, or sell it. Similarly, owning a
copyright gives you control over your creative “property.”

👤 Who Is the First Owner?

According to Section 17 of the Copyright Act, 1957, the author is usually the first owner
of the copyright.

✅ Examples:
●​ A writer owns the copyright to their book.
●​ A painter owns the copyright to their painting.
●​ A software developer owns the code they wrote.

🔄 Exceptions: When the Author Is Not the Owner

There are some special cases where the author is not the first owner:
 Situation Who Owns the Copyright?

Work created during a job (contract of The employer (e.g., a company or

service) organization)

Commissioned work (e.g., photograph for a The person who paid for the work
wedding)

Government work The Government

Work by a journalist for a newspaper The publisher, but the journalist keeps
some rights

Speeches made on behalf of someone else The person who assigned the speech

🔁 Can Copyright Ownership Be Transferred?

Yes! Copyright can be:

●​ Assigned (sold or transferred to someone else)

●​ Licensed (permission given to use it under certain conditions)

📄 This must be done in writing and signed by the owner.

🛡️ Rights of the Copyright Owner
The owner has exclusive rights to:

●​ Reproduce the work

●​ Publish or distribute it
●​ Perform or display it publicly
●​ Translate or adapt it
●​ License or sell it to others

🧠 Summary Table
Topic Explanation
 First Owner Usually the author

Exceptions Employer, commissioner, government, etc.

Transfer of Ownership Possible through assignment or licensing

Rights of Owner Control over use, reproduction, adaptation, and

distribution

🔁 Transfer of Copyright: Who Can Use Your Work?

Copyright gives the creator exclusive rights, but these rights can be transferred to others
in different ways:

1. Assignment (Ownership Transfer)

●​ The entire copyright or part of it is sold or given to someone else.

●​ Must be in writing and signed by the original owner.
●​ The agreement should clearly mention:
●​ Which rights are being transferred (e.g., publishing, adapting)
●​ For how long (e.g., 5 years)
●​ Where (e.g., India or worldwide)
●​ Payment or royalty, if any

📜 If duration or territory isn’t mentioned, it defaults to 5 years and India only.

2. Licensing (Permission to Use)

●​ The owner keeps the copyright but gives someone else permission to use it.
●​ Can be:
●​ Voluntary (agreed by both parties)
●​ Compulsory (ordered by law in public interest)

🧠 Example: A musician licenses their song to a movie producer for use in a film.
3. Transmission by Law

●​ Copyright can pass to someone else:

●​ Through inheritance (after the creator’s death)
●​ In bankruptcy or mergers

⏳ Duration of Copyright in India

The length of copyright protection depends on the type of work:

Type of Work Duration

Literary, dramatic, musical, artistic Lifetime of the author + 60 years

Cinematograph films, sound 60 years from the year after publication

recordings

Anonymous or pseudonymous works 60 years from the year of publication (unless

identity is revealed)

Government or international 60 years from the year of publication

organization works

Posthumous works (published after 60 years from the year of publication

death)

📅 The 60-year period always starts from January 1st of the year following the event
(death or publication).

🧠 Summary Table
Topic Explanation

Assignment Full or partial transfer of ownership (must be in writing)

Licensing Permission to use the work without giving up ownership

Transmission Transfer by law (e.g., inheritance)

Duration (Literary etc.) Lifetime of author + 60 years

 Duration (Films, Music) 60 years from publication

⏳ 1. Duration and Renewal of Copyright in India

📜 What the Law Says:
Under the Copyright Act, 1957, most works do not require renewal—because copyright
protection is automatic and lasts for a fixed period.

✅ Duration of Copyright:
Type of Work Duration of Protection

Literary, dramatic, musical, artistic Lifetime of the author + 60 years after their
death

Cinematograph films & sound recordings 60 years from the year after publication

Anonymous or pseudonymous works 60 years from publication (unless identity is

revealed)

Government or international organization 60 years from publication

works

🧠 So, in India, there’s no need to “renew” copyright like a license—it continues

automatically for the full term.

🔁 2. What About Renewal in Other Countries?

In some countries like the United States, older works (before 1978) required renewal after
an initial term (e.g., 28 years). But modern laws now offer automatic protection for longer
periods (like 70 years after the author’s death).

❌ 3. Termination of Copyright: When and How It Ends

Copyright can end in the following ways:

🔹 A. Expiry of Term
 ●​ When the protection period ends (e.g., 60 years after the author’s death), the work
enters the public domain.
●​ Anyone can use it freely—no permission needed.

🔹 B. Voluntary Relinquishment (Section 21)

●​ The copyright owner can give up their rights by sending a notice to the Registrar
of Copyrights.
●​ After that, the work becomes public property.

🔹 C. Termination of Assignment or License

●​ If a copyright was assigned or licensed, the agreement may:
●​ Expire after a certain time
●​ Be terminated if conditions are violated
●​ Be revoked by the original owner under certain legal grounds

🧠 Summary Table
Topic Explanation

Renewal in India Not required—copyright lasts for a fixed term automatically

Duration Lifetime of author + 60 years (or 60 years from publication for

some works)

Termination (Expiry) Copyright ends after the legal term; work enters public domain

Termination (Voluntary) Owner can give up rights by notifying the Registrar

Termination Licenses or assignments can end based on agreement terms or

(Contractual) legal grounds
🎨 What Is an Industrial Design?
An industrial design refers to the visual appearance of a product—its shape, pattern,
color, or surface finish—that makes it attractive and unique.

🧠 It’s not about how a product works, but how it looks.

✅ Examples:
●​ The curved shape of a Coca-Cola bottle
●​ The pattern on a ceramic tile
●​ The design of a smartphone’s outer body
●​ A stylish chair or lamp

🛡️ Why Do Industrial Designs Need Protection?

Here’s why protecting designs is important:

1. Encourages Creativity and Innovation

●​ Designers invest time and effort to create aesthetic and original designs.
●​ Legal protection rewards their creativity and motivates them to keep innovating.

2. Prevents Copying and Imitation

●​ Without protection, others can copy the design and sell lookalike products.
●​ Protection gives the designer exclusive rights to use and profit from their design.

3. Boosts Brand Identity and Market Value

●​ A unique design helps a product stand out in the market.

●​ Consumers often choose products based on appearance, not just function.
●​ Protected designs can become icons (like the Apple iPhone or Vespa scooter).

4. Supports Fair Competition

●​ Design protection ensures that original creators benefit—not copycats.

 ●​ It promotes a healthy and ethical business environment.

5. Enables Licensing and Revenue

●​ A protected design can be licensed to others for a fee (royalty).

●​ This creates new income streams for designers and companies.

6. Aligns with Global Trade and IP Standards

●​ India’s design law aligns with the TRIPS Agreement and Paris Convention.
●​ This helps Indian products gain international protection and recognition.

📜 Legal Protection in India

●​ Governed by the Designs Act, 2000
●​ A design must be:
●​ New or original
●​ Applied to an article
●​ Appealing to the eye
●​ Not purely functional

📝 Once registered, the design is protected for 10 years, extendable by 5 more years.
🧠 Summary Table
Reason for Protection Why It Matters

Encourage creativity Rewards designers and promotes innovation

Prevent copying Gives exclusive rights to the original creator

Build brand identity Makes products visually unique and marketable

Support fair competition Stops unfair use of someone else’s design

Enable licensing Allows earning through royalties and partnerships

Comply with global standards Helps Indian designs gain international recognition
✅ Subject Matter of Protection Includes:
●​ Shape: The 3D form of a product (e.g., a perfume bottle)
●​ Configuration: The arrangement of parts (e.g., a chair’s frame)
●​ Pattern: Repeating designs on a surface (e.g., textile prints)
●​ Ornamentation: Decorative elements (e.g., carvings on furniture)
●​ Lines or Colors: Applied to a product’s surface

🧠 These features must be applied to an article by an industrial process—like molding,

printing, or engraving.

🚫 What Is Not Protected?

●​ Functional features (e.g., the shape of a wrench for grip)
●​ Mechanical devices or how something works
●​ Designs dictated only by function
●​ Designs already published or used
●​ Obscene or offensive designs

📌 The law protects only the aesthetic (visual) aspects—not the utility.
📜 Legal Definition (Designs Act, 2000)
“Design” means only the features of shape, configuration, pattern, ornament or composition
of lines or colors applied to any article by any industrial process, which in the finished article
appeal to and are judged solely by the eye.

✅ Requirements for Design Protection in India

To be registered under the Designs Act, 2000, a design must meet these conditions:

Requirement What It Means

Novelty The design must be new and not published anywhere in the world

Originality It must be the creator’s own work, not copied from another
design

Visual Appeal It should be aesthetically pleasing and judged by the eye

Applied to an Article The design must be applied to a physical product (not just a
drawing)
 Industrial It must be capable of being mass-produced using an industrial
Application process

Not Functional The design must not be based only on function

🧠 Summary in Simple Terms

●​ If your design looks good, is new, and is used on a product, it can be protected.
●​ If it’s just functional or already known, it can’t be protected.

🎨 What Is an Industrial Design?

An industrial design refers to the aesthetic features of a product—like its shape, pattern,
lines, color, or surface finish—that make it visually appealing.

🧠 It’s about how a product looks, not how it works.

📜 What Is the Designs Act, 2000?
The Designs Act, 2000 is the law that:

●​ Protects new and original designs

●​ Prevents unauthorized copying
●​ Encourages innovation in appearance
●​ Replaced the old Designs Act of 1911
●​ Made India’s design law TRIPS-compliant (aligned with global IP standards)

It came into force on May 11, 2001, along with the Designs Rules, 2001.

🧩 Key Features of the Designs Act, 2000

Feature Explanation

What It Protects Visual design applied to an article (shape, pattern,

ornamentation, etc.)

What It Doesn’t Functional or mechanical aspects (how it works)

Protect
 Who Can Apply Any person, company, or legal entity

Where to Apply Indian Patent Office (Design Wing in Kolkata)

Duration of Protection 10 years (extendable by 5 more = max 15 years)

Classification System Based on the Locarno Classification (international design

categories)

✅ What Makes a Design Registrable?

To be protected under the Act, a design must be:

●​ New or original
●​ Not previously published in India or abroad
●​ Not functional (purely aesthetic)
●​ Appealing to the eye
●​ Not contrary to public order or morality

🚫 What Cannot Be Registered?

●​ Designs that are purely functional
●​ Designs that are already known or published
●​ Designs that are offensive or obscene
●​ Designs that are mechanical devices or technical inventions

🛡️ Rights of the Registered Owner

Once registered, the owner gets:

●​ Exclusive rights to use the design

●​ Right to stop others from copying or imitating
●​ Right to license or sell the design
●​ Legal remedies in case of infringement

⚖️ Legal Remedies for Infringement

If someone copies your registered design:

●​ You can file a civil suit for:

●​ Injunction (to stop the copying)
●​ Monetary compensation (up to ₹50,000 per design)
●​ Seizure of infringing goods

🧠 Summary Table
 Aspect Details

Governing Law Designs Act, 2000

Purpose Protect visual design of products

Duration 10 years + 5-year extension

What’s Protected Shape, pattern, ornamentation, surface

finish

What’s Not Protected Functionality, mechanical features

Registration Authority Controller of Designs, Kolkata

🧩 What Is Revocation of a Design?

Revocation (also called cancellation) means legally removing a registered design from
the Designs Register. It’s like saying: “This design should not have been registered, so we’re
cancelling it.”

🧠 It protects the public from wrongly registered or copied designs.

📜 Legal Basis: Section 19 of the Designs Act, 2000
This section allows any person interested to file a petition to cancel a registered design at
any time after registration.

❌ Grounds for Revocation (Section 19)

A design can be cancelled if:

Ground What It Means

 Already registered in India The same design was registered earlier

Already published The design was made public in India or abroad before
registration

Not new or original The design is copied or lacks creativity

Not registrable under the Act It doesn’t meet the legal criteria (e.g., not applied to an
article)

Not a “design” under Section It’s functional or mechanical, not aesthetic

2(d)

📝 How to Apply for Revocation

1.​ Who Can Apply?
○​ Any person interested (e.g., a competitor, designer, or affected party)
2.​ Where to Apply?
○​ File a petition to the Controller of Designs at the Indian Patent Office
3.​ Form Used:
○​ Form 9 under Rule 29 of the Designs Rules, 2001
4.​ What to Include:
○​ Grounds for cancellation
○​ Evidence or documents supporting your claim
○​ Prescribed fee
5.​ Appeal Option:
●​ If the Controller rejects or accepts the petition, either party can appeal to the High
Court

⚖️ Example Scenario
Let’s say a company registers a design for a chair. Later, another designer proves that the
same design was published in a furniture magazine 2 years earlier. That designer can file for
revocation, and if proven, the registration will be cancelled.

🧠 Summary Table
Topic Details
 Law Governing It Section 19 of the Designs Act, 2000

Who Can File Any interested person

Form Used Form 9 (Designs Rules, 2001)

Grounds for Revocation Not new, already published, not a design, not
registrable

Appeal Can be made to the High Court

🎨 What Is Design Infringement?

Design infringement (also called piracy of design) means unauthorized use or copying
of a registered industrial design without the permission of the rightful owner.

🧠 It’s like someone copying the unique look of your product and selling it as their own.
📜 Legal Basis: Section 22 of the Designs Act, 2000
This section defines what counts as infringement and what actions are prohibited.

🚫 What Counts as Infringement?

A person commits design infringement if they do any of the following without the owner's
consent:

1.​ Apply the registered design (or a close imitation) to any product for sale.
2.​ Import products that use the registered design or a fraudulent copy.
3.​ Sell, publish, or display such products knowing they infringe the design.

📌 Even if the design is slightly altered but still looks similar, it may still be considered
infringement.

⚖️ Remedies for Infringement (Section 22)

If someone infringes your registered design, you can take legal action. Here’s what the law
allows:

1. Injunction

●​ A court order to stop the infringer from using or selling the copied design.

2. Monetary Compensation

●​ You can claim up to ₹25,000 per infringing act, with a maximum of ₹50,000 for a
single design.

3. Suit for Damages

●​ You can file a civil suit to recover actual losses or profits made by the infringer.

4. Seizure of Infringing Goods

●​ The court may order the seizure or destruction of products that use the copied
design.

🧠 Summary Table
Aspect Explanation

What is Infringement Unauthorized use, sale, or imitation of a registered design

Legal Basis Section 22 of the Designs Act, 2000

Who Can Sue The registered owner of the design

Remedies Available Injunction, compensation, damages, seizure of goods

Maximum Compensation ₹25,000 per act, ₹50,000 total (unless you file a full civil suit)