COPYRIGHT LAW

1. Professor Introduction
2. Course Description:

Copyright law is unique in the greater intellectual property regime, as it protects

original expression that is fixed in a tangible medium and is the product of
authorship. This course is designed for creative professionals — such as
screenwriters, musicians, documentary filmmakers or artists — who want to
understand the scope and limits of which works can enjoy Indian copyright
protection. The course will introduce students to the workings of copyright law
through an examination of the system’s basic principles, rules, and institutions.
Topics will include; the justifications for copyright law, copyrightable subject
matter, authorship, the nature and scope of copyright’s exclusive rights, fair use,
and remedies for infringement.

We will also explore real-world examples of legal battles surrounding copyright

law, from the recent litigation over Robin Thicke’s hit song “Blurred Lines” to
more peculiar cases such as the infamous “monkey selfie” case. By understanding
what copyright does and does not protect, producers of creative expression will be
able to protect and maximize the commercial value of their works.1

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 protection
commences the moment a work is created, and its registration is optional. The Copyright Act,
1957 provides copyright protection in India.2
Copyright refers to a bundle of exclusive rights vested in the owner of copyright. These rights
include the right of adaptation, right of reproduction, right of publication, right to make
translations, communication to public etc.
In today’s era, where every single information lies on one’s fingertip by virtue of expansive
internet, the protection of copyright is both used and misused at a large scale. It has thus
become a need of the hour for one to know the basic do’s and don’ts coupled with how’s of
the copyright in order to both avoid and invite required legal actions.

1
https://www.coursera.org/learn/copyright-law
2
https://www.thelawlearners.com/advanced-certificate-course-on-copy

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We at LAW Learners bring this course with the aim to make the takers acquainted with the
fundamental principles of Copyright Law and Protection, with a view to make them aware
about their Rights on their work along with inculcating the moral ethics pertaining to the
prevention of using other’s efforts and works without giving due credit. 

3. Learning Outcome :

 Identify the basic elements of copyright

 Describe what copyright does and does not protect

 Explain the limits of copyright protection

 Analyze fair use and other complex doctrines that extend from copyright law

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 COURSE OUTLINE

1. Lecture 1(5-8 minutes)

Introduction of Copyright
 Concept of copyright
 Nature and history of copyright
 International framework
 Economic rights and Moral rights

ASSESSMENT EVALUATION-A

2. Lecture 2(5-8 minutes)

Copyright-International Conventions
 Berne Convention
 TRIPS Agreement
 WIPO Copyright Treaty
 The Marrakesh Treaty

ASSESSMENT EVALUATIPON-B

3. Lecture 3(5-8 minutes)

Copyright- Registration Process in India
 Registration Procedure of copyright in India

ASSESSMENT EVALUATION-C

4. Lecture 4(5-8 minutes)

Copyright- Infringement, Remedies & Fair Use
 Essentials of Infringement
 Test of Infringement
 Legal Provision related to copyright infringement
 Remedies for infringement
 What is exhaustion?
 Sui Generis Regimes of Protection
 Unfair competition

ASSESSMENT EVALUATION- D

5. Lecture 5(5-8 minutes)

Copyright- Collective Administration
 What are copyright societies?
 What are powers and functions of the copyright societies?
 Is the registration process different
 Registered copyright societies in India

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  Effect of recent amendments on these societies.

ASSESSMENT EVALUATION-E

LECTURE 1(5-8 MINUTES)

Introduction of Copyright
 Concept of copyright
 Nature and history of copyright
 International framework
 Economic rights and Moral rights

ASSESSMENT EVALUATION-A

1. Which of the following is NOT a necessary criteria for protection of the copyright
holder?
a) The work is of a type that is protected under the CDPA 1988
b) The work does not have to be produced in a tangible form - e.g. thoughts qualify
c) The work satisfies the requirement of originality.
d) The owner/creator is a British citizen / the work was first published in the UK

Ans. (b)

2. The duration of protection of copyright in relation to literary and dramatic works is?
a) 50 years
b) The life of the creator
c) 70 years
d) The life of the creator plus 70 years

Ans. (d)

3. Protection under the Registered Design Act 1949 exists for a maximum period of:
a) 25 years
b) 3 years
c) 10 years
d) 5 years

Ans. (a)

4. The 'apple' logo of the Apple Corporation is an example of which of the following?
a) Copyright
b) Patent
c) Design right
d) A trade mark

Ans. (d)

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 5. The intentional copying of a registered design constitutes which ONE of the
following?
a) No breach of the owner's rights
b) An offence under equity
c) A criminal offence
d) A civil offence

Ans. (c)

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 LECTURE 2(5-8 MINUTES)

Copyright-International Conventions
 Berne Convention
 TRIPS Agreement
 WIPO Copyright Treaty
 The Marrakesh Treaty

ASSESSMENT EVALUATIPON-B

1. The Berne Convention Moral Rights:

a) Have always been part of UK copyright law
b) Are not implemented in common law countries
c) Were implemented for the first time in the UK by the CDPA 1988
d) Are required by the TRIPs agreement
Ans. (c)
2. World Book and Copyright Day Celebrated by Unesco in
a) 20th April
b) 21st April
c) 22nd April
d) 23rd April
Ans. (d)
3. Berne Convention was first established in
a) 1885
b) 1886
c) 1895
d) 1896
Ans. (b)
4. The Copyright Act, 1957 came into effect from
a) January 1958
b) April1958
c) June 1958
d) August1958
Ans. (a)
5. The Indian Patents & Design Act enacted in
a) 1910
b) 1911
c) 2002
d) 2005

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Ans. (b)

LECTURE 3(5-8 MINUTES)

Copyright- Registration Process in India

 Registration Procedure of copyright in India

ASSESSMENT EVALUATION-C

1. Compulsory Licence for the unpublished shall be granted by the registrar only when
the author is
a) Dead
b) Not found
c) Unknown
d) All the above
Ans. (d)
2. When the compulsory licence is granted by the board for the unpublished word, then
the licence has to deposit the amount fees or royalty in
a) Copyright office
b) To the government
c) RBI
d) Public account
Ans. (d)
3. The copyright society means a society registered under
a) Section 33(1)
b) Section 33(2)
c) Section 33(3)
d) Section 33(4)
Ans. (c)
4. The assignment of copyright is valid only when it is in ……….. signed by the assignor
or by his agent
a) Oral
b) Deeds
c) Writing
d) Contract
Ans. (c)
5. The copyright will pass on to his personal representative as part of estate if such
person dies
a) Instate
b) Testmentony disposition
c) Through assignment
d) By operation of law

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Ans. (a)

LECTURE 4(5-8 MINUTES)

Copyright- Infringement, Remedies & Fair Use

 Essentials of Infringement
 Test of Infringement
 Legal Provision related to copyright infringement
 Remedies for infringement
 What is exhaustion?
 Sui Generis Regimes of Protection
 Unfair competition

ASSESSMENT EVALUATION- D

1. Basil is a designer who works for Meteor Motors Ltd, a company which manufactures
specialist sports cars which are built on a timber frame. For a forthcoming press
release about a new model of car (the Meteor Merlin), Basil made a three-dimensional
space-frame replicating the new revolutionary timber frame to be used for the Merlin.
He built it from engineering drawings using balsa wood (a very lightweight wood
which possesses little strength but is useful for modelling) with glued joints. The real
cars will be built using a strong ash frame with sturdy bolted joints. Which one of the
following best describes Basil's balsa wood and glue space-frame from a copyright
perspective?
a) It is not protected by copyright as copyright does not protect industrial designs
b) It is not an artistic work on the basis of being a sculpture or a work of artistic
craftsmanship.
c) Anyone copying the space-frame will infringe the copyright in the drawings
indirectly as these are protected irrespective of artistic quality
d) As the space-frame will not be seen in normal use of the Merlin, being
covered by metal panels and body parts, there can be no artistic copyright
(which requires eye-appeal) in the frame nor in the drawings as these lack
artistic quality, being engineering drawings
Ans. ()
2. During 1984, Duncan and Imran, both of whom were British citizens, jointly wrote an
article for an academic journal such that their individual contributions are not distinct.
They assigned their copyright to the publisher of the journal, International Journals
plc, by written assignment signed by them both, dated 7 April 1985. Duncan died on 3
July 1992 and Imran died on 27 October 2002. International Journals plc went into
voluntary liquidation and was wound up during 2005. At what time and date does the
copyright in the article expire in the United Kingdom?
a) Midnight 31 December 2005
b) Midnight 31 December 2035
c) Midnight 31 December 2034
d) Midnight 31 December 2072

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Ans. ()
3. In relation to infringement of an original work of copyright, which one of the
following statements is not correct?
Substantiality is more concerned with quality rather than quantity, in other words, it is
the importance of the part taken to the work that has been copied which is the
predominant question
a) Copyright infringement requires, essentially, three things to be shown (i) that
copyright subsists in the claimant's work, (ii) that the defendant has copied
from the claimant's work (directly or indirectly), and (iii) that the part copied
by the defendant is a substantial part of the claimant's work
b) Where an artistic work is copied by converting it from three-dimensions to
two-dimensions, or vice versa, the copy must, in the eyes of a non-expert, look
like the work copied
c) The part taken from the claimant's work must be a substantial part of that work
but need not be a substantial part of the defendant's work
Ans.()
4. In relation to the restricted act of making an adaptation of a work of copyright, which
one of the following is not making an adaptation under s 21 of the Copyright, Designs
and Patents Act 1988?
a) Making an arrangement or transcription of a musical work
b) Converting a dramatic work into a non-dramatic work
c) Making an altered version of an artistic work
d) Translating a work of literature originally written in English into French
Ans. ()
5. For the purposes of secondary infringement of copyright, which one of the following
statements is not correct?
a. To be an infringing copy an article does not have to be permanent and an
ephemeral copy, for example, in a computer memory, may still be an
infringing copy
b. Having reason to believe that a copy is an infringing copy is an objective test
based on whether a reasonable person with knowledge of the facts known to
the defendant would have had reason to believe that the copy was an
infringing copy
c. The meaning of 'infringing copy' includes an article which has been or is
proposed to be imported into the UK and its making in the UK would have
constituted an infringement of the copyright in the work in question or a
breach of an exclusive licence agreement relating to that work
d. To be a secondary infringement of copyright under s 23 of the Copyright,
Designs and Patents Act 1988 (possessing or dealing with infringing copy),
the relevant act must be carried out in the course of a business
Ans. ()

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