Notes for UPSC Law Optional Mains - Contemporary Legal Development | Copyright Act 1957
PART 1 - NOTES | INDIAN COPYRIGHT ACT 1957
GENERAL MEANING OF COPYRIGHT: Copyright refers to the “right to copy”
In what works copyright subsist ? Relevant Provision : Chapter III, Section 13 Copyright is given to following original work :
Ø Literary works (including computer programmes, tables and compilations including computer literary data bases)
Ø Dramatic works
Ø Musical works
Ø Artistic works
Ø Cinematograph films
Ø Sound recordings.
Theory for original work : CASE LAW I Macmillan & Company Ltd. v. Cooper, + University of London Press v. University Tutorial Press # THEORY : ‘sweat of the brow’ theory- Originality derives from sufficient labour, skill, capital and efforts applied in the work # Burlington Home Shopping v. Rajnish Chibber.
CASE LAW II: Feists Publication Vs Rural Telephone Services # CONCEPT : Minimum modicum of creativity - It must be independently created by the author and that it possesses at least some minimal degree of creativity.
CASE LAW III: Eastern Book Company v. D.B. Modak # CONCEPT : An ‘original’ must be a “product of an exercise of skill and judgment”
Works from which foreign national is recognised in India ? Copyright of nationals of countries who are members of
Ø The Berne Convention for the Protection of Literary and Artistic Works,
Ø Universal Copyright Convention and
Ø The TRIPS Agreement are protected in India- through the International Copyright Order, as if such works are Indian works
Territorial limit of copyright : Valid only within the borders of the country.
Protection of Indian copyright in foreign country : Indi seek protection through these international conventions :-
Ø Berne Convention for the Protection of Literary and Artistic works.
Ø Universal Copyright Convention.
Ø Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms.
Ø Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties.
Ø Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
WHO OWNS THIS RIGHT TO COPY ? It is available only to the author or the creator.
Why Copyright ? The protection to the efforts of creators.
What is the enactment concerning copyright ? The Copyright Act, 1957 .
What is the time period for copyright ? Life + 60 years in India.
Cinematographic film
60 year from the post calendar year of the release of the Film
Copyright bothers about quality violation not quantity violation – explain ! Copyright in a work is considered as infringed only if a substantial part is used unauthorized.
CASE LAW : Campbell Vs Acuff Ross Music Inc. # FINDINGS : If a lyricist copy a very catching phrase from another lyricist’s song= infringement .
What are the Economic Rights attached with copyright ?
Relevant provision : Sec: 14
What are the moral form of rights attached with copyrights ?
Relevant provision : Section 57 # There are two basic “moral rights” of an author. These are:
(i) Right of paternity = right of an author to claim authorship of work and a right to prevent all others from claiming authorship of his work.
(ii) Right of integrity = Author’s right to prevent distortion, mutilation or other alterations of his work.
CASE LAW : Eastern Book company v Navin J.Desai # Reproduction of a judgment of the court is an exception to the infringement of the Copyright.
REGISTERATION OF COPYRIGHT :
Should the copyright be registered ? Registration not compulsory.
Then why registration ? Registration serve as prima facie evidence in a court of law
Now ! What is procedure for registration ? Relevant Provision : Chapter VI
Additional procedure in publishing unpublished work : - Whole /part of manuscript must be sent.
Whether work registered as unpublished be changed later as published ? Yes ! Whether works published before enactment of the act could be registered ? Yes ! - provided the works still enjoy copyright.
DISTINCTION BETWEEN COPYRIGHT, TRADEMARK AND PATENT
