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Copyright Act, 1957:A Study with Reference to Selected Cases in India

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 Journal of Advancements in Library Sciences
ISSN: 2349-4352 (Online)
Volume 6, Issue 1 (Special)
www.stmjournals.com

Copyright Act, 1957: A Study with Reference to Selected

Cases in India
Vishwasrao S Mane1,*, Namita Khot2
1
Research Scholar, Department of Library & Information Science, Shivaji University, Kolhapur,
Maharashtra, India
2
Director, Barr. Balasaheb Khardekar Knowledge Resource Centre, Shivaji University, Kolhapur,
Maharashtra, India

Abstract
The law of Copyright Act 1957 has been giving protection to literary, dramatic or musical
works, artists, cinematograph film and sound record. Now days it has been challenging even
in the field of research publications, thesis and patent. In this paper the Researchers focus on
the laws of copyrights and libraries, also on the challenges and issues of copyright. Some of
the cases related to the copyright are also discussed.

Keywords: Copyright Laws, Library, Infringement of copyright, Intellectual Property, Licenses

*Author for Correspondence E-mail: vishwas0919@gmail.com

INTRODUCTION contains the material and tangible things

God gifted to a human being is observation
and thinking power which lead humanto do
huge amount of search physical and biological
resources on the earth. With using this
imagination and creativity, human has been
producing many arts or products for changing
needs of his andsociety’s interest, comfort and
convenience which is important for economic
development of country. Intellectual property
includes Patents, Designs, Trademarks,
copyrights, confidential information and
Industrial. The Present study makes an attempt
to discuss the Copyright Act, 1957 with
reference to selected legal cases in India.
OBJECTIVE OF THE STUDY
1. To know the concept of copyright
2. To understand overview of copyright and
case
RESEARCH METHODOLOGY
The study is based on secondary data. This is
collected through various publication, books,
internet and articles etc.
THEROTICAL BACKGROUND
• What Is A Property?
Properties are two types, corporal property and
incorporeal property or tangible property and
intangible property. Corporeal property
owned by the human being, organizations,
associations etc. They have physical objects,
so we see with eyes and touch it. Incorporeal
property is intangible which subject matter of
right is. Such property does not have physical
characteristics and hence cannot be see and
touch it.
• What Is Intellectual Property?
Intellectual property is an intangible creation
of the human mind such as copyright, patent,
industrial design, trademark etc. Examples as
in copyright, an author's protect it rights
copyright on a book or article, musical work,
literacy work, cinematography film,
photography etc.
• What Is Intellectual Property Rights?
Intellectual Property Office [1] defined
Intellectual property (IP) as “a term referring
to a brand, invention, design or other kind of
creation, which a person or business has legal
rights over. Almost all businesses own some
form of IP, which could be a business asset. It
includes Copyright, Patents, Designs and
Trademarks”.
• What Is Copyright?
Copyright means creation of things of authors
in various fields such as literary, dramatic,

JoALS (2019) 336s-341s © STM Journals 2019. All Rights Reserved Page 336s
Copyright Act, 1957: A Study with Reference to Selected Cases in India
musical and artistic works, cinematograph
film, sound recordings and computer software.
After certain time copyright work is public
domain. The primary function of a copyright
law is to protect the man’s original work and
its rights.It also consists of the right to works
derived from the original works; certain rights
such as the right of public performance, the
recording right and broadcasting right.
• Object of Copyright
The protecting, recognizing and encouraging
the skill and capital of author is the object of a
copyright.
• Definition of Copyright
The copyright act does not give specific
definition of copyright, as per Sec.13, it
includes works, that is to say,
(a) Original literary, dramatic, musical and
artistic works;
(b) Cinematograph films; and
(c) Sound recordings;
• Main Features of Copyright
Monopoly Right; the copyright restricts others
from using the work that has been the creation
of the author.Multiple right; copyright is not a
single right. It consistsof bundle of different
right. The multiple rightsinclude right of
adaptation, right of reproduction, right of
publication, right to make translation,
communication to public etc.Negative Right;
copyright is prohibitory in nature. It is a right
to prevent others from copying or reproducing
the work.
• Copyright A Kind Of Intellectual Property
Copyright is a kind of intellectual property.
Importance of copyrightis increased due to the
rapid technological development in the field of
printing, music, communication, entertainment,
and education and computer industries.
RESULTS AND DISCUSSION
• Original Work
Copyright exist only in original work. The
word original which related to the expression
of the thought but expression need not be in an
original or novel form, but that the work must
not be copied from another work- that it
should originated from author.
JoALS (2019) 336s-341s © STM Journals 2019. All Rights Reserved
Mane and Khot
• International Copyright Laws
At international level the copyright are
protected under conventions are as follows, as
per the rule of WTO Agreement, the
implementation of the TRIPS patent regime
was the primary requirement in order to enable
participation in multilateral trading system.
Copyright of nationals countries who are
members of the Berne Convention 1886,
Universal Copyright Convention 1952 and the
TRIPS Agreement 1994 are protect the
Literary and Artistic Works at International
level. Rome convention, 1999 this convention
protects the rights of performers, producers of
phonograms, and broadcasting organizations.
WIPO Copyright Treaty, 1996 this treaty
specifies that protection extends to expressions
and not to ideas, procedures, and methods of
operation or mathematical concepts. The treaty
recognizes the computer programmers as
literary work. WIPO Performances and
Phonograms Treaty, 1996 declares that the
protection of the performers and producers of
phonograms.
• Copyright Law in India
The Copyright Act of 1957came into force
from January 1958. The Copyright Act has
been amended in 1983, 1984, 1992, 1994 and
1999, 2012. The Copyright Act, 1957 consists
of 79 sections fewer than 15 chapters while the
Copyright Rules, 1958 consists of 28 rules
under 9 chapters and 2 schedules.
The landmark amendment in copyright act
1957, in 1994 which is related to computer
software, according to section 14 of this Act,
making and distribution of copyright software
without proper or specific permission is
illegal.
• Case of copyrightIn a case,
1. R.G Anand v. M/S. Delux Films & Ors
on,1978SC given meaning of copyrights,
what constitute the infringement of
copyright. [2].
2. In Garware Plastics and Polyster Ltd and
Bomby and Others v. M/sTelelink and
Others, 1989 in this cases the court held
that showing the film over the cable TV
was constitute video piracy. [3].
3. In M/s Mishra BandhuKaryalaya& Others
v. ShivaratanlalKoshal AIR 1970 MP 261,
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Journal of Advancements in Library Sciences
Volume 6, Issue 1 (Special)
ISSN: 2349-4352 (Online)
it has been held that the laws of copyright
do not protect ideas, but they deal with the
particular expression of ideas. [4].
4. In Raj Video Vision v. K Mohan Krishnan
the Court held that the producer of a
cinematograph film could be regarded as
an author of the film for the purpose of
Copyright Act.[5].
5. Super Cassetts Industries Ltd vs Music
Broadcast Pvt. Ltd on 3 May, 2012 In this
case court held that grant of a licence shall
be given on payment of reasonable
charges to the copyright owner.[6].
6. In a case “CCH Canadian Ltd. v. Law
Society of Upper Canada, 2004 (1) SCR
339 (Canada) [7].
The Canadian Supreme Court is of the
held that to claim copyright in a
compilation the author’s original work
should be the product of an exercise of
skill and judgment and it is a workable yet
fair standard. Means the author must
produce a material with exercise of his
skill and judgment which may not be
creativity in the sense that it is not novel or
non- obvious, but at the same time it is not
the product of merely labour and capital”.
7. Chancellor, Mastersand Scholars of the
University of Oxford v. blushing
Publishing House and Ors, 2008 [8].
In this case court held that, there is a no
infringement for guide prepared from
copying text from text book for the
assisting, solution of student in solving the
problem.
8. As per amendment in copyright act 2012,
section 52 (zb) provisions for facilitating
access of copyrighted works to the
disabled, including blind persons,
considered as fair dealing. [9].
9. In a case of Hawkins Cookers Ltd. v.
Magicook Appliances Co., 100(2002)In
this case court held that, the defendant
using a label for pressure cookers, which
was similar to the registered trade mark
‘HAWKINS’ of the plaintiff which is
protected under sec. 55 of copyright act
1957.Hence permanent injunction was
granted. [10].
• Copyright Board
Section 11 of the Copyright Act 1957 is relates
to the establishment of Copyright Board. The
Copyright Board consists of Chairman and not
JoALS (2019) 336s-341s © STM Journals 2019. All Rights Reserved
less than two, but not more than fourteen
members. Chairman of the Board should be a
sitting or retired judge of the High Court or a
person qualified to be appointed as judge of
the High Court. The Registrar of Copyright to
act as Secretary of the Copyright Board. [11].
• Assignment of Copyright
In Copyright Act, 1957 Sec.18 deals with
assignment of copyright. The author of the
original copyright workassigns the whole or
any part of his rights to others to exploit
economically for a lump sum consideration. In
the alternative he may license some or all of
his rights to others usually on the basis of a
royalty payment. An assignment may be
general, i.e. without limitations, or subject to
limitations.
Assignment of a copyright is possible only if it
is in writing and signed by the assignor or by
his duly authorized agent. The registration of
assignment is not compulsory.
• Relinquishment of Copyright (Sec.21)
The author of an original work may relinquish
all or any of the rights comprised in the
copyright in the work by giving notice to the
Register of copyright in the prescribed form.
The Register will be publishing the notice in
the Official Gazette and in other ways of the
any person come out on the date of the notice.
• Licenses
Chapter VI containing Sections 30-32B deal
with licenses. A license can transfer the
interest in a copyright. In a license the right
granted are limited. The ownership in the
rights remains with the author. In case of
assignment, the ownership in the right is
transferred to the assignee. “Copyright License
is granted by the owner of the copyright in any
existing work or the prospective owner of the
copyright in any future work in writing signed
by him or by his duly authorized agent. In the
case of a licenses relating to copyright in any
future work, the licenses will take effect only
when the work comes into existence. Where a
person to whom a licenses relating to
copyright in any future work is granted dies
before the work comes into existence, his legal
representatives, in the absence of any
provision to the contrary in the licenses, will
be entitled to the benefit of the licenses”.[12].
Page 338s
Copyright Act, 1957: A Study with Reference to Selected Cases in India
• Term of Copyright
The period of copyright for a photograph,
cinematograph films and sound recording shall
subsist until 60 years from the beginning of
calendar year.(Sec.25 to 26).
In the case of literary, dramatic, musical or
artistic works where the author is a natural
person the term is lifetime plus sixty years.
• Registration of Copyright (Sec.44)
The act describe the in Copyright office a
register is kept which is in the prescribed form
to be called the Register of Copyrights in
which may be entered the names or titles of
the works and the names and addresses of
authors, publishers and owners of copyright.
• Copyright Infringements
As per section 51 some of the commonly
known acts involving infringement of
copyright:
1) Making infringing copies for sale or hire
or selling or letting them for hire;
2) Permitting any place for the performance
of works in public where such
performance constitutes infringement of
copyright;
3) Distributing infringing copies for the
purpose of trade or to such an extent so as
to affect prejudicially the interest of the
owner of copyright;
4) Public exhibition of infringing copies by
way of trade; and
5) Importation of infringing copies into
India.[13].
The Bombay High Court in Hindustan Lever
Ltd., v. Nirma Private Limited, Ahmedabad,
AIR 1991the court held that the dissimilarities
were totally inadequate to wipe out general
impression of the unwary purchaser. Thus,
there was prima facie infringement of
copyright. The case dealt with the
infringement of the copyright in the label
when there were only few changes made in the
colorable imitation of label.[14].
• Remedies for Copyright Infringement
Law is a liable for social challenges and
alsoresponsible for answers the challenges and
in the process of develops itself. Copyright is
best example of the relationship between law
and developedscience and technology.
JoALS (2019) 336s-341s © STM Journals 2019. All Rights Reserved
Mane and Khot
Section 54 to 62 of the Copyright Act provide
for civil remedies under the Act. A copyright
creator can take legal action against any
person who infringes the copyright in the
work. The copyright owner is entitled to
remedies by way of injunctions, damages and
accounts.(Sec.54)
In Criminal Offence any person who
knowingly infringes or abets the infringement
of the copyright any original work, he/ she is
liable forcriminal offence under Section 63 of
the Copyright Act.
The punishment forinfringement of copyright
is imprisonmentfor a period of six months and
fine which may be Rs. 50,000/- or may be
extends.
COPYRIGHT RELATED TO
LIBRARY SERVIES
Library is a source and way to access of
knowledge. In any educational institute
libraries plays a key role in many spheres,
including copyright. The role of library and
physical existence to the digital form should
be increased for the development in science
and technology. Libraries will continue to
grow, when it has created challenges regarding
implications and accessing of Intellectual
Property in Library services. Libraries being
the major source of informationneed to be
more careful in controlling the copyright
issues of authors andpublication. Section
52(1), Indian Copyright Act, 1957 declares
that a fair dealing (fair use) for the following
purposes does not mean infringement such as,
1. Private or personal use, including research
2. Criticism or review, whether of that work
or of any other work
3. Reporting of current events and current
affairs including the reporting of a lecture
delivered in public.
With the growing need of society, the library
professional’s have aware about the
knowledge on Intellectual Property Rights
which provide the users to access information
without infringement copyright.
CHALLENGES AND ISSUES FOR
COPYRIGHT
1. India ratifies the trips agreement, as per
guidelines of TRIPS. India had made
Page 339s
Journal of Advancements in Library Sciences
Volume 6, Issue 1 (Special)
ISSN: 2349-4352 (Online)
amendment in there copyright act for
protection of software industry and
enacted laws as a concern in subject such
as Information technology act 2000,
Industrial Design Act 2000, The Trade
Mark Act 1999 etc.
2. Information and technology have its own
invention of inventor or creator, it further
leads into business. So, if infringement
cause financial loss or reputation of
inventor, assignee or licence nor.
3. Growing software industry, and Protection
of software technology, then however,
they involves in complex and interrelated
issues that encompass a mix of copyright
and trade secrets law.
4. The infringement is so widely spread and
so it damaging legitimate businesses, so
these businessesis in danger to collapse. It
is most challenges towards inventor and
government to protect harm caused by
infringement. In case of copyright is
concern issues of piracy in music, sound,
photography and film is still questionable.
Copying remains a huge problem, causing
harm for inventor in lots of economic,
status of brand and harming consumers get
dangerous goods.
5. While in infringement of copyright most
issues that arise: Privacy of search and
seizure orders of substance during the
investigation of infringement,
misappropriation of confidential
information, wrongful appropriation of a
person’s ‘publicity’ – the photographs of
celebrities, for instance for private gain.
CONCLUSION
The socio-economic development of a
countryalways depends on the creativity and
invention of a people and it can’t possible
effective without the proper implementation of
administration and enforcement of copyright
laws. Creativity and innovation are the new
path of the world finance development.
Copyright is a serious issue for protecting IPR.
There is a big market of piracy literature
today, which effect on the author of the
original copyright work. So today there is need
to create public awareness about the economic,
social and cultural importance of copyright
among all sections of society. Also today there
is demand of society to make and enforce
thestrong and effective Copyright laws, which
JoALS (2019) 336s-341s © STM Journals 2019. All Rights Reserved
balance the interests of rights owners with
larger public interest.Now a daythere is also
important things related to library services
such as, for all the librarians in India to give
copyright education in order to understand the
basic principles and concept of copyright laws
in India which is helpful for the author for his
creation. In India numbers of people making
copying original work of author, because they
have manyreasons such as weak economic
background, unknown about knowledge etc.
Due to rarepunishment and improper
implementation of law, the illegal act of
copyright is increases in such field. So it is
need to understand and the study of consumer
behaviours in depth and solves the problem
effectively. So todayit is important and need of
time, to aware knowledge about intellectual
property right for development of country and
protection of right of original author work is
must for a common man.
REFERENCES
1. Intellectual Rights in India. [Internet]. [cited
11 February 2019]. Available from:
https://assets.publishing.service.gov.uk/gove
rnment/uploads/system/uploads/attachment_
data/file/627956/IP-Rights-in-India.pdf
2. RG Anand v. Deluxe Films [Internet].
En.wikipedia.org. 2019 [cited 6 February
2019]. Available from: https://en.wikipedia.
org/wiki/RG_Anand_v._Deluxe_Films
3. Garware Plastics and Polyester ... vs
Telelink And Ors. Etc. on 31 January, 1989
[Internet]. Indiankanoon.org. 2019 [cited 6
February 2019]. Available from:
https://indiankanoon.org/doc/858705
4. [Internet]. Scce.ac.in. 2019 [cited 6 February
2019]. Available from: http://scce.ac.in/notic
eboard/10550_05022016IPR_COPYRIGHT
_STUDY_MATERIAL.doc
5. Bookwindow.in. (2019). Central Law
Publication an Introduction to Intellectual
Property Rights By J PMishra online@ Best
Price. [Online] Available at:
https://bookwindow.in/product.php/intellect
ual-property-rights-mishra-engliish
[Accessed 7 Feb. 2019].
6. Super Cassetts Industries Ltd vs Music
Broadcast Pvt. Ltd on 3 May, 2012
[Internet]. Indiankanoon.org. 2019 [cited 7
February 2019]. Available from:
https://indiankanoon.org/doc/119540048
Page 340s
 Copyright Act, 1957: A Study with Reference to Selected Cases in India
7. Main Page [Internet]. Wikipedia. 2019 [cited
7 February 2019]. Available from:
https://en.wikipedia.org?wiki/CCH_Candian
_Ltd_v_LawSociety_of_Upper_Canada
8. The Chancellor Masters & Scholars ... vs
Narendera Publishing House And ... on 17
September, 2008 [Internet].
Indiankanoon.org. 2019 [cited 7 February
2019]. Available from:
https://indiankanoon.org/doc/138192511
9. Myneni, S. Laws of intellectual property6th
edition. Asia: Law House Hyderabad
Published 2012-13.
10. Myneni, S. Laws of intellectual property
6thedition.Asia: Law House Hyderabad
Published by 2012-13.
11. Assignment of Intellectual Property Rights |
TaxDose.com [Internet]. TaxDose.com.
2019 [cited 7 February 2019]. Available
from: https://www.taxdose.com/assignment-
of-intellectual-property-rights/
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Mane and Khot
12. Mishra JP. An Introduction to Intellectual
Property Rights,3rd edition Central Law
Publication Allahabad 2012
13. Mishra J. An introduction to intellectual
property rights, Allahabad: Central Law
Publications 2009.
14. Hindustan Lever Limited, vs Nirma Private
Limited, Ahmedabad on 9 September, 1991
[Internet]. Indiankanoon.org. 2019 [cited 7
February 2019]. Available from:
https://indiankanoon.org/doc/690029/
Cite this Article
Vishwasrao S Mane, Namita Khot.
Copyright Act, 1957: A Study with
Reference to Selected Cases in India.
Journal of Advancements in Library
Sciences. 2019; 6(Special Issue 1):
336s–341s.
Page 341s