UNIT 2

COPYRIGHT

INTRODUCTION:
The word copy has a range of meanings: transcript, imitation, reproduction of an original writing or
painting etc. Creators of literary artistic or musical works in ancient times did not worry about their
work being copied. However, the question of copyright came to the fore when the printing technology
made its appearance. The first to be affected adversely by printing were the authors whose books/works
could be copied in large numbers by unauthorised persons, who would reap the benefits depriving the
authors of just rewards of their intellectual work. Later as technology advanced, several other categories
of originators of intellectual works were included under copyright: literary, dramatic, musical, artistic,
cinematograph film, sound recording.
Broadly speaking, copyright is an exclusive right granted by law for a specified period to the creator of
a work of thought against any form of copying by an unauthorised person. Under copyright, several
acts are defined which are prohibited to prevent what would amount to copying. The things for which
copyright subsists emerge from ideas, concepts, thoughts etc. that are common to all, but these things
have been put in a fixed form using one’s mental faculty.
The object of copyright law is to encourage authors, composers, artists and designers to create original
works by rewarding them with an exclusive right for a limited period. Such exclusive rights are
permitted for literary, dramatic, musical, artistic, cinematograph film and sound recordings. Licensing
the right to publishers, film producers and music record manufacturers permits the economic
exploitation. The law also aims at preventing anyone from reproducing or exploiting another person’s
work without authorisation.
DEFINITION:
Refer sections: sec 2 (c), sec 2 (d), sec 2 (dd), sec 2 (ff), sec 2 (k), sec 2 (y).
THE WORK IN WHICH COPYRIGHT SUBSIST:
All subject matters protected by copyright are called ‘works. Thus, according to Section 13 of The
Copyright Act 1957, it may be subjected for the following works:
Subject Matter of Copyright
The copyright shall subsist in the following classes of work:
• Original literary, dramatic, musical and artistic works;
• Cinematograph films
• Sound recording
Literary work -section 2 (o), includes computer programmes and compilations including databases.
Dramatic work- section 2 (h), includes any piece for recitation, choreographic work or entertainment
in a dumb show, scenic arrangement or acting, the form of which is fixed in writing or otherwise.
Musical work- section 2 (p), includes graphical notation of music; it does not include any work or
action intended to be sung, spoken or performed with the music.
Artistic work- section 2 (c), means a painting, a sculpture, a drawing (including a diagram, map, chart,
plan); an engraving; a photograph; a work of architecture having an artistic character or design,
including its model; any other work of craftsmanship.
Cinematograph film- section 2 (f), means any work of visual recording on any medium produced
through a process from which a moving image may be produced by any means and includes a sound
recording accompanying such visual recording.
In the case of Balwinder Singh vs Delhi Administration, it is held that, the concept of cinematograph
is not only limited to movies being played in theatre it also covers videos and television, they both fall
under the preview of cinematograph film.
Sound recording- section 2(xx), means recording of sounds on any medium, from which the original
sound may be reproduced regardless of the medium of record or of the method used to reproduce the
sounds.
Concept of Originality:
As per Section 13 of the Indian Copyright Act, copyright subsists in dramatic, artistic, musical works
as well as cinematographic films and sound recordings. The Copyright Act as such does not define the
term “originality” but the Indian courts have relied on various doctrines laid down by the foreign courts.
The Privy Council, in the case Macmillan & Company Ltd. v. Cooper, approved the principle laid down
in University of London Press v. University Tutorial Press, which laid down that copyright over a work
arises and subsists in that work due to the skill and labour spent on that work, rather than due to inventive
thought. This is more popularly known as the ‘sweat of the brow’ theory. It has been held that originality
derives merely from the fact that sufficient labour, skill, capital and effort (whether physical or
otherwise) has been applied in the work.
AUTHORSHIP AND OWNERSHIP:
Who is an author?
Generally, an author is that person who writes or composes the work, either all by himself or according
to the direction given by another person. Whenever a copyrightable work is created, the author puts in
his intellectual ability in order to create the work. Hence, the Copyright Act, 1957, recognizing the
efforts put by the authors, grants authorship rights to the author of the creation. Since copyright is a
universal right, it doesn’t matter what the nationality of the author is in order to acquire authorship
rights. However, the Copyright Act, 1957 specifies certain requisites under Section 13 of the said Act
which needs to be met in order to own copyright.
The Copyright Act, 1957 has set a general rule under the definition of the author of various works laid
down under Section 2(d), which states that the author is the first owner of the Copyright. Section 2(d)
of the Copyright Act, 1957. The section reads as follows:

 In literary or dramatic works, the author of such work shall be the author.
 In musical works, the music composer shall be the author.
 In artistic works, the artist shall be the author.
 For a photograph, the person clicking such photograph shall be the author.
 In cinematographic films, the producer of such a film shall be the author.
 For a sound recording, the producer of such sound recording shall be the author.
 When a literary, dramatic, artistic or musical work is a computer generated then the person who
causes such work to be created is the author.
Who is an owner?
The concept of ownership is very different under the Copyright Act. As we discussed above, the general
rule is that the author is the first owner of the copyright. However, the Copyright Act, 1957 specifies
certain exceptions to this general rule. Therefore, it becomes very important to understand the difference
between authorship and ownership of copyright. Let us understand with the help of illustrations.
Illustration:
If ‘A’ asks ‘B’, a painter to paint his portrait for an agreed sum of money, then although B has created
the painting, he shall be the author and A who paid consideration for the portrait shall become the first
owner of the copyright arising and accruing out of the portrait.
In many scenarios, the work may be commissioned or made through the course of employment. In such
a situation, the person who commissions the work or who is the employer becomes the owner of the
rights in that work. The statutory provision that recognizes such a person as the owner is laid down
under Section 17. Let’s understand the same in the next subheading of this article.
Thomas vs Manorama:
In this case, it was held that once the employment agreement is terminated, the work created by a person
subsequent to such termination shall be the first and true owner of copyright arising out of such
subsequent works and the former employer shall possess no copyright on such subsequent copyrightable
work.
Statutory exception under Section 17 of the Copyright Act, 1957
Section 17 of the Copyright Act, 1957 is an exception to the general rule of the author being the first
owner of the copyright. This section simply lays down that a person who pays a consideration for the
work to be done shall become the first owner of the copyright. Let’s dive deeper into this section.

 Section 17 (a) of Copyright Act, 1957 : literary, dramatic and artistic works
This clause of Section 17 talks about literary, dramatic and artistic works. It says that whenever such a
work is made by an author during the course of his employment or service to the owner of a newspaper,
magazine, book etc under a contract for publishing such work, then subject to an agreement in contrary,
the owner of such newspaper or magazine shall become the first owner of the copyright.

Illustration:
If ‘A’ is a journalist employed at Mirror Now, a newspaper agency, then he shall only enjoy authorship
rights over that article. The first owner of the article shall be the owner of Mirror Now.

 Section 17 (b) of Copyright Act, 1957: photograph, painting, engraving, cinematographic film
This clause talks about the cases when an artist is hired for creating a painting, or when a photographer
is hired for clicking images, or a cinematographer is hired to shoot a cinematographic film then the
person causing such work to be created shall become the first owner of the copyright. However, this
rule shall apply only if there’s no agreement to the contrary between the parties.
Illustration:
If ‘X’ who is an artist has been hired by ‘Y’ to create a portrait of his son, then ‘Y’ shall be the first
owner of the copyright arising and accruing from the portrait created by ‘X’ in lieu of consideration.
However, ‘X’ shall retain authorship rights over the portrait.

 Section 17 (c), Copyright Act, 1957: work made during the course of employment
This section provides that, when a work is made by a person in the course of his employment under a
contract of service or traineeship, then the employer shall become the first owner of all the work created
during such employment unless there’s an agreement in contrary between the parties.
Illustration:
If ‘M’ is a programmer employed at XYZ company, then all the copyright arising from codes created
by ‘M’ shall be owned by XYZ company as the first owner.

 Section 17 (cc), Copyright Act, 1957: lectures delivered in public on behalf of another
As per this clause, if a person is delivering a speech on behalf of another then, the person on behalf of
whom the lecture is given in the public is the first owner of such copyright. However, if a person gives
a lecture in public by himself and not representing anyone else then, he becomes the author and first
owner of such copyright.

Illustration:
If ‘A’ the spokesperson of ‘B’ a political leader delivers a speech in public, then although ‘A’ is
delivering the speech in public, ‘B’ shall be the first owner of the copyright of such speech.

 Section 17 (d) of Copyright Act, 1957: work assigned by Government

Suppose if a copyrightable work is created on being tendered by the government, then such government
shall be the first owner of the copyright arising and accruing from such works unless there’s an
agreement to the contrary between the parties.
Illustration:
If ‘A’ a sculptor, has been tendered to create a sculpture of national heroes to be affixed on the road by
the State Government then, the State government shall own first ownership of copyright arising from
such sculpture.

 Section 17 (dd) of Copyright Act, 1957: copyrightable work made on behalf of a public
undertaking
When a copyrightable work is created as per the direction of the public undertaking, then such public
undertaking shall be the first owner of the copyright.

 Section 17 (dd) and Section 41 of Copyright Act, 1957: copyrightable works created for
certain international organization
Suppose if an international organisation assigns a person to create a copyrightable work for them then,
that international organization shall become the first owner of such copyrightable work.
TERM OF COPYRIGHT: (Refer sections 22 to 29)
Generally copyright lasts for Life + 60 years in India.

 Original literary, dramatic, musical and artistic works: 60-year from the year following the
death of the author. In case of joint authorship, the date has reference to author who dies last.
 Posthumous Work: 60 years from the date of demise of the owner
 Anonymous and pseudonymous publications: 60 years from beginning of the calendar year
following the year of publication.
 Photographs: 60 years from the beginning of the calendar year next following the year in
which the photograph is published
  Work of Government, Public undertaking and international organisation: 60 years from
the year next to the year of publication.
 Cinematographic film: 60 years from the post calendar year of the release of the Film.

MEANING OF COPYRIGHT:
SECTION 14: For the purposes of this Act, copyright means the exclusive right subject to the
provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or
any substantial part thereof, namely--
(a) in the case of a literary, dramatic or musical work, not being a computer programme,--
(i) to reproduce the work in any material form including the storing of it in any medium by electronic
means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation
to the work in sub-clauses (i) to (vi);
(b) in the case of a computer programme:
(i) to do any of the acts specified in clause (a);
2[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the
computer programmer:
Provided that such commercial rental does not apply in respect of computer programmes where the
programme itself is not the essential object of the rental.]
(c) in the case of an artistic work,--
3[(i) to reproduce the work in any material form including--
(A) the storing of it in any medium by electronic or other means; or
(B) depiction in three-dimensions of a two-dimensional work; or
(C) depiction in two-dimensions of a three-dimensional work;]
(d) in the case of a cinematograph film,--
4[(i) to make a copy of the film, including--
(A) a photograph of any image forming part thereof; or
(B) storing of it in any medium by electronic or other means;]
5[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film.]
(iii) to communicate the film to the public;
(e) in the case of a sound recording,--
(i) to make any other sound recording embodying it 6[including storing of it in any medium by
electronic or other means];
7[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound
recording;]
(iii) to communicate the sound recording to the public.
Explanation.-For the purposes of this section, a copy which has been sold once shall be deemed to be a
copy already in circulation].
REGISTRATION OF COPYRIGHT:
Refer the following section-9, 10, 11, 44, 45, 46, 47, 48, 49, 50A.
Composition of Copyright board:
Section 11 in the Copyright Act, 1957 -Copyright Board.
(1) As soon as may be after the commencement of this Act, the Central Government shall constitute a
Board to be called the Copyright Board which shall consist of a Chairman and not less than two or more
than 1[fourteen] other members.—(1) As soon as may be after the commencement of this Act, the
Central Government shall constitute a Board to be called the Copyright Board which shall consist of a
Chairman and not less than two or more than 2[fourteen] other members."
(2) The Chairman and other members of the Copyright Board shall hold office for such period and on
such terms and conditions as may be prescribed.
(3) The Chairman of the Copyright Board shall be a person who is, or has been, a Judge of 2[***] a
High Court or is qualified for appointment as a Judge of High Court.
(4) The Registrar of Copyrights shall be the Secretary of the Copyright Board and shall perform such
functions as may be prescribed.
POWERS AND PROCEDURE OF APPELLATE BOARD:
SECTION 12: (1) The Copyright Board shall, subject to any rules that may be under this Act, have
power to regulate its own procedure, including the fixing of places and times of its sittings: Provided
that the Copyright Board shall ordinarily hear any proceeding instituted before it under this Act within
the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding
actually and voluntarily resides or carries on business or personally work for gain. Explanation.-—In
this sub-section “zone” means a zone specified in section 15 of the States Reorganisation Act, 1956 (37
of 1956).
(2) The Copyright Board may exercise and discharge its powers and functions through Benches
constituted by the Chairman of the Copyright Board from amongst its members, each Bench consisting
of not less than three members: 1[Provided that, if the Chairman is of opinion that any matter of
importance is required to be heard by a larger Bench, he may refer the matter to a special Bench
consisting of five members.]
(3) If there is a difference of opinion among the members of the Copyright Board or any Bench thereof
in respect of any matter coming before it for decision under this Act, the opinion of the majority shall
prevail: 2[Provided that where there is no such majority, the opinion of the Chairman shall prevail.]
(4) 3[The Chairman] may authorise any of its members to exercise any of the powers conferred on it by
section 74 and any order made or act done in exercise of those powers by the member so authorised
shall be deemed to be the order or act, as the case may be, of the Board.
(5) No member of the Copyright Board shall take part in any proceedings before the Board in respect
of any matter in which he has a personal interest.
(6) No act done or proceeding taken by the Copyright Board under this Act shall be questioned on the
ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.
(7) The Copyright Board shall be deemed to be a Civil Court for the purposes of 4[sections 345 and 346
of the Code of Criminal Procedure, 1973 (2 of 1974)] and all proceedings before the Board shall be
deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code,
1860 (45 of 1860).
The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil
Procedure in respect of the following matters, namely,

 summoning and enforcing the attendance of any person and examining him on oath;
 requiring the discovery and production of any document;
 receiving evidence on affidavit;
 issuing commissions for the examination of witnesses or documents;
 requisitioning any public record or copy thereof from any court or office;
 any other matters which may be prescribed.

RIGHTS OF BROADCASTING ORGANISATION AND PERFORMERS:

Chapter VIII of the Act containing Section 37-39A deals with rights of broadcasting organisations and
of performers.
 Broadcast Reproduction Right
Section 37 entitles every broadcasting organisation to have a special right to be known as "broadcast
reproduction right" in respect of its broadcasts for twenty-five years from the beginning of the calendar
year next following the year in which the broadcast is made.
As per sub Section (3) of Section 37 during the continuance of a broadcast reproduction right in relation
to any broadcast, any person who, without the licence of the owner of the right does any of the following
acts of
the broadcast or any substantial part thereof,-
(a) re-broadcasts the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any charges; or
(c) makes any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such initial recording
was done without licence or, where it was licensed, for any purpose not envisaged by such licence;
or
(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or
visual recording referred to in clause (c) or clause (d) and subject to the provisions of Section 39
deemed to have infringed broadcast reproduction right.
  Performer’s Right
Section 38 provides that where any performer appears or engages in any performance, he shall have a
special right to be known as the "performer's right" in relation to such performance. The performer's
right subsist until fifty years from the beginning of the calendar year next following the year in which
the performance is made.
 Exclusive Right of Performer
As per Section 38A without prejudice to the rights conferred on authors, the performer’s right which is
an exclusive right subject to the provisions of the Act to do or authorise for doing any of the following
acts in respect of the performance or any substantial part thereof, namely:
(a) to make a sound recording or a visual recording of the performance, including—
(i) reproduction of it in any material form including the storing of it in any medium by electronic or
any other means;
(ii) issuance of copies of it to the public not being copies already in circulation;
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy of the
recording;
(b) to broadcast or communicate the performance to the public except where the performance is already
broadcast.
It may be noted that once a performer has, by written agreement, consented to the incorporation of his
performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object
to the enjoyment by the producer of the film of the performer’s right in the same film. However, the
performer shall be entitled for royalties in case of making of the performances for commercial use.
 Moral Right of Performer
Section 38B, Act provides that the performer of a performance shall, independently of his right after
assignment, either wholly or partially of his right, have the right to claim to be identified as the
performer of his performance except where omission is dictated by the manner of the use of the
performance; and to restrain or claim damages in respect of any distortion, mutilation or other
modification of his performance that would be prejudicial to his reputation.
It may be noted that mere removal of any portion of a performance for the purpose of editing, or to fit
the recording within a limited duration, or any other modification required for purely technical reasons
shall not be deemed to be prejudicial to the performer’s reputation
INFRINGEMENT OF COPYRIGHT:
Section 51 of the Act contemplates situations where copyright in a work shall be deemed to be infringed.
As per this section copyright in a work is infringed when any person without a licence granted by the
owner of the copyright or the Registrar of Copyright or in contravention of the conditions of a licence
so granted or of any condition imposed by a competent authority does —
(1) anything for which the exclusive right is conferred upon the owner of the copyright, or
(2) permits for profit any place to be used for the communication of the work to public where such a
communication constitutes an infringement of the copyright in the work, unless he was not aware
and had no reasonable ground for believing that such communication would be an infringement of
copyright.
(3) when any person

 makes for sale or hire or lets for hire or by way of trade display or offers for sale or hire, or
 distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner
of the copyright, or
 by way of trade, exhibits in public, or
 imports into India any infringing copies of the work.
However, import of one copy of any work is allowed for private and domestic use of the importer.
Explanation to Section 51 clarifies that the reproduction of literary, dramatic, musical or artistic work
in the form of cinematograph film shall be deemed to be an infringing copy.
The copyright in a work shall be deemed to be infringed by any person who, without the consent of the
owner of the copyright, does anything, the sole right to do which is conferred on the owner of the
copyright. Kartar Singh Giani v. Ladha Singh & Others.
The following elements should be present for copyright infringement:

 The copyrighted work is the original creation of the author.

 The copyright infringement work is actually copied from the work of the author.
In the case of Roma Mitra Vs State of Bihar, the Plaintiff, a student gave the work to the guide. The
guide published the work as her own. The published article was substantially similar and therefore,
amounted to copyright infringement.
In the case of Campbell Vs Acuff Ross Music Inc., the plaintiff composed a song that begins with “Oh,
Pretty Women” which became very famous. The defendant copied the famous 1st line of the song alone
and completed the song in his own words and expression. The court held that the act did not constitute
infringement.
In the case of The University of Oxford and Ors. Vs. Rameshwari Photocopy Services and
University of Delhi famously known as Rameshwari Photocopy case or the Delhi Photocopy case,
wherein the Delhi University compiled the required portion from the books of Oxford, Cambridge and
Taylor & Francis and distributed to its students. The plaintiffs filed a suit in the Court making the
allegation that the RPS and delhi university were violating their copyrights by distributing the
compilations of parts of books of their publication in the form of course packs. In action to such
complaint The Court had then issued an interim stay against the RPS in October 2012.
Justice Rajiv Sahai End law of the Delhi High Court on September 16 2016, dismissed the suit by
observing “Copyright, especially in literary works, is thus not an inevitable, divine, or natural right that
confers on authors the absolute ownership of their creations”. The 94 pages landmark IP ruling banked
on the observation that Section 52(1)(i) of the Copyright Act is wider enough to include the acts of
photocopying and the creation of course packs by University for its students. The further court observed
that “If Delhi University can photocopy, so can it’s agents (Rameshwari photocopy shop) or any other
photocopier, whether inside or outside the University”.
In Penguin Books Ltd., England v. M/s India Book Distributors & Others, it was observed that
whenever there is misappropriation of intellectual property of which the primary beneficiary is the
copyright owner there is infringement of copyright.
DOCTRINE OF FAIR USE (or) STATUTORY EXCEPTION TO INFRINGEMENT:
Certain exceptions to infringement have been stipulated by the Copyright Act. The object of these
exceptions is to enable the reproduction of the work for certain public purposes, and for encouragement
of private study, research and promotion of education. The list of acts which do not constitute
infringement of copyright has been provided under Section 52 of the Act.
The following are the acts that do not result in copyright infringement in India are:
A fair dealing with a work for the purposes of:

 Personal or private use, including research.

 Review or criticism of the work.
 Reporting of current affairs and events, including the lecture delivered in public.
 Adaptation or making of copies of a computer programme by the possessor of a copy of such
computer programme to:
(i) Usage of the computer programme for which it was supplied
(ii) Make backup copies as a temporary protection against destruction, loss or damage.
 Storage of a performance or work.
 Reproduction of work in a judicial proceeding.
 Reproduction or publication of a work prepared by the Secretariat of a Legislature for the
exclusive use of the Legislature members.
 Reproduction of work in a certified copy supplied or made as per law.
 Recitation or reading in public of reasonable extracts from a published dramatic or literary work
 Publication in a collection composed of non-copyright matter intended for instructional use of
short passages from published dramatic or literary work.
 Reproduction of a work by a teacher in the course of instruction, as part of the questions to be
answered in an examination, or as answers to such questions.
 Performance of a dramatic, literary or musical work in an educational institution by the students
and staff or reproduction of a sound recording and cinematograph film when the audience is
limited to staff and students.
 Causing a recording to be heard in public in any residential premises in an enclosed hall or
room meant for the common use of residents or as part of the activities of a club or organisation
not conducted/established for profit.
 Performance of a dramatic, literary or musical work by an amateur society or club, if the
performance is given for the benefit of a religious institution or to a non-paying audience.
 Reproduction in a magazine, newspaper or other periodicals of an article on current political,
economic, religious or social topics, unless the article author has expressly reserved the right
of reproduction.
 Reproduction of a work for private study or research or publishing an unpublished dramatic,
literary or musical work kept in a museum, library or other institutions to which the public has
access.
 Publishing or making a drawing, engraving, painting, display or photograph of a work of
architecture.
 Inclusion of an artistic work situated permanently in a public place or premises to which the
public has access in a cinematograph film if such inclusion is by way of incidental or
background to the principal matters represented in the film.
 Making a three-dimensional object from a two-dimensional artistic work for industrial
application.
 Reconstruction of a structure or building as per the architectural plans or drawings.
In the A&M Records, Inc. v. Napster, Inc., the Defendant maintained a central unit which enabled two
or more remote computers to share all the music files in other system. The defendant was held
vicariously liable and for contributing to the infringement.
In the case of Sony Corp. of America v. Universal City Studios, Inc., the Supreme Court of the United
States which ruled that the making of individual copies of complete television shows for purposes of
time shifting does not constitute copyright infringement though the lower courts considered it to be a
contributory infringement, but it is only a fair use.

REMEDIES AGAINST INFRINGEMENT:

Protection of rights under the copyright law, which is basically a negative right is as much a problem of
complying with the mandatory provisions of the procedural law as the effective exercise of investigative
and adjudicatory functions by the enforcing authorities and the courts.
Refer Section 54 to Section 70:
Section 55 provides that where copyright in any work has been infringed, the owner of the copyright
can, except as otherwise provided in the Act, be entitled to all remedies like injunctions, damages and
accounts as are conferred by law for the infringement of a right. However, if the defendant proves that
at the date of the infringement, he was not aware and had no reasonable ground to believe that copyright
subsisted in the work, the plaintiff will not be entitled to any remedy other than an injunction in respect
of the infringement and a decree for the whole or part of the profits made by the defendant by the sale
of the infringing copies as the court may, in the circumstances, deem reasonable.
Criminal remedies provide for the imprisonment of the accused or imposition of fine or both, seizure
of infringing Copies and delivery of infringing copies to the owner of the copyright. Prior to the
maximum punishment for infringement of copyright under Section 63 of the Copyright Act, 1957 was
one year's imprisonment and fine. These punishments were enhanced by the Copyright (Amendment)
Act, 1984 with a view to curbing widespread piracy in video-taping and musical records. Under these
provisions, a person who knowingly infringes or abets the infringement of copyright in a work or any
other right conferred by the Copyright Act, is punishable with imprisonment for a term of not less than
six months but which may extend to three years and fine which shall not be less than ` 50,000/-, but
which may extend to ` 2.00,000/-.
However, the court has the discretion to reduce the minimum term of imprisonment and the minimum
fine for adequate and special reasons. For the second and subsequent convictions, the minimum term
of imprisonment has been prescribed as one year and the minimum fine ` 1,00,000/-. The amendment
in 1994, has further restricted the discretion of the court to impose lesser penalties than the minimum
prescribed in the Act. The imposition of lesser penalties than the minimum prescribed in the Act has
been restricted to cases where the infringement has not been made for gain in the course of trade and
business. In other words, courts have been given a discretion to impose a lesser penalty where the
infringement is of a technical nature and not motivated by business considerations.

 ADMINISTRATION OF RIGHTS OF OWNER BY COPYRIGHT SOCIETY:

Refer section 33, 34, 35, 36
Section 34 of the Act empowers a Copyright Society to accept exclusive authorisation from an owner
of Copyright to administer any right in any work by issuing licences or collection of licence fee or both.
Such authorisation can however be withdrawn by an owner without prejudice to the rights of the
Copyright Society.
A Copyright Society is competent to enter into agreement with any foreign society or organisation,
administering rights corresponding to rights under the Indian Copyright Act, to entrust such foreign
society or organisations the administration in any foreign country of rights administered by the said
Copyright Society in India or for administering in India the rights administered in a foreign country by
such foreign society or organisation.
Section 34(3) empowers the Copyright Society to:
(i) issue licences under Section 30 in respect of any rights under the Act;
(ii) collect fees in pursuance of such licences;
(iii) distribute such fees among owners of rights after making deductions for its own expenses; and
(iv) perform any other function consistent with the provisions of Section 35.
Section 35 deals with control over the society by the owner of rights and provides that every Copyright
Society is subject to the collective control of the copyright owners whose rights it administers. It does
not include owners of right administered by a foreign society or organisation.