Copyright Law in India is a legal framework that protects the original literary, dramatic, musical, and artistic works of Indian creators by granting them exclusive rights over the use, reproduction, and distribution of their works. The Indian Copyright Act, 1957, is the primary legislation governing copyright in India. The Act has undergone several amendments to keep pace with the changing needs of the digital age.
Overview
The Indian Copyright Act, 1957, is based on the Berne Convention for the Protection of Literary and Artistic Works, 1886, and the Universal Copyright Convention, 1952. The Act provides for the protection of original literary, dramatic, musical, and artistic works, including software, cinematographic films, sound recordings, and broadcasts. The Act also recognizes the moral rights of authors, including the right to claim authorship and the right to object to any distortion, mutilation, or modification of their works.
Legal Framework
The Indian Copyright Act, 1957, is the primary legislation governing copyright in India. The Act is divided into several parts, including:
- Part I: General Provisions
- Part II: Copyright in Literary, Dramatic, Musical, and Artistic Works
- Part III: Copyright in Cinematographic Films
- Part IV: Copyright in Sound Recordings
- Part V: Copyright in Broadcasts
- Part VI: Moral Rights
- Part VII: Term of Copyright
- Part VIII: Assignment and Licensing of Copyright
- Part IX: Infringement of Copyright
- Part X: Remedies for Infringement of Copyright
- Part XI: International Conventions
The key provisions of the Act include:
- Section 13: Definition of copyright
- Section 14: Works in which copyright subsists
- Section 15: Duration of copyright
- Section 17: Rights of the owner of copyright
- Section 51: Infringement of copyright
- Section 52: Fair dealing
Procedure
The procedure for obtaining copyright protection in India involves the following steps:
- Registration of the work with the Copyright Office
- Filing an application for registration with the Registrar of Copyrights
- Payment of the prescribed fee
- Verification of the application by the Registrar of Copyrights
- Granting of registration certificate
Key Cases
- R.G. Anand v. M. R. Fletcher [1970] 3 SCR 857: This case established that a cinematographic film is a cinematographic work and is entitled to copyright protection.
- Shreya Singhal v. Union of India [2015] SCC 1: This case held that Section 66A of the Information Technology Act, 2000, which provided for the punishment of online defamation, was unconstitutional.
- Delhi High Court in S. Durga v. S. Durga [2019] 238 DLT 1: This case held that a work created by an employee during the course of their employment is a work of joint authorship and is entitled to copyright protection.
See Also
- Indian Copyright Act, 1957
- Berne Convention for the Protection of Literary and Artistic Works, 1886
- Universal Copyright Convention, 1952
- Copyright Office, India
- Indian Performing Rights Society (IPRS)
- Phonographic Performance (I) Ltd. (PPL)