IPR

Intellectual property give rights of intangible property which is non-physical and derives from ideas
and skills and talent. IPR is made to protect their rights and the infringement. Its object is to
motivated other authors, painters and artists to come forward to show their original skills without
being fear of that they will be copied by others.

And the rights which a person enjoys with respect to his IP are his intellectual property rights. And
the law that protects the intellectual property rights is known as intellectual property law. It is
indispensable in nature which provide access to knowledge, experience and expertise that results to
mutual benefit to all.
Example:
1. Copyright law protects the copyright of authors, musicians, etc.
2. Patent law protects the inventions of the inventors.
3. Trademark law protects the trademark.

(A) INTRODUCTION TO COPYRIGHT LAW

Copyright law is an essential aspect of Intellectual Property protection, which protects the rights of
the creators and the authors over the work produced by their intellectual labour. The purpose of
copyright law is to give legal protection and grant exclusive rights to the creators and authors over
their work, the ability to govern how others use those works and prevent the reproduction, sale, or
any other act over their work without the consent of the owner of the copyright in that work for a
certain period of time. It also permits the owner of the copyright to assigned the copyright of the
work either wholly or partial to any other person. Additionally, by defending the rights of creators
and authors, it encourages them to invest time and effort in producing new and valuable works.

In short and simple words, copyright is basically a right to copy. One is allowed to copy the original
work but only if the author give the permission to the person.
Illustration:- 1. A is a painter who created a master piece, and showed it to the his friend B, but B
who is also a painter copied his idea and draws a same piece and earn some revenue from it. Later
when A get to know about the fact that he copied his idea without his consent, then he sued him for
infringement of copyright.

Illustration:-2. X who is an author told his friend that he has written a book on B.R Ambedkar and
gave him a copy to read it and give him the feedback. His Friend Z, published it without his
consent. So this will also be a case of infringement of Copyright.

Copyright is a type of intellectual property right. Authors who have original works such as works of
literature (including computer programs, tables, collections, computer datasets, expressed in words,
codes, schemes, or in any other context, along with a device readable medium), dramatic, musical,
and artistic works, cinematographic films, and audio recordings are all awarded copyright
safeguards under Indian law. Instead of protecting the ideas themselves, Copyright Law safeguards
manifestations of ideas. Literary works, theatrical works, musical works, creative works,
cinematographic films, and sound recordings all have copyright protection under Section 13 of the
Copyright Act of 1957. For instance, the Act protects literary works such as books and computer
programs.

The term “copyright” refers to a collection of exclusive rights that Section 14 of the Act grants to
the owner of the copyright. Only the copyright owner or another person who has permission to do
so from the copyright owner may exercise these rights. These rights include the ability to adapt,
reproduce, publish, translate, and communicate with the public, among other things. Copyright
registration just establishes an entry for the work in the Copyright Register kept by the Registrar of
Copyrights and does not grant any rights. Sec. 16 of The copyright Act, 1957 says that no person
shall be entitled to copyright or any similar right in any work, whether published or unpublished,
otherwise than this Act.
NATURE OF COPYRIGHT

In nature, copyright is an incorporeal property. The premise that the legitimate owner developed or
created the work justifies the property in it. The property owner has two options for disposing of his
property: outright sale (assignment of his rights) or licensing. Copyright is also a collection of
exclusive rights. A negative right is one that allows the owner to stop someone from copying his
creation or carrying out any other actions that, under Copyright Law, are only permitted to be
carried out by him. The exclusive rights to works protected by copyright have a term limit. In
contrast to physical property, which endures for the lifetime of the thing on which it is bestowed,
copyright only exists for a finite amount of time. After this time period has passed, the work enters
the ‘public domain’. In other words, it becomes public property and is available for use without
restriction by everyone. Therefore, the public interest is served by exclusive rights to copyrighted
works for a short time.

OBJECTIVE

Copyright is primarily intended to advance science and useful art and to compensate authors for
their labour. In order to do this, copyright guarantees authors the right to their creative expression
while allowing others to openly expand upon the concepts and knowledge presented in a work. The
primary goals of copyright law are twofold. First and foremost, copyright laws were created by
nations to guarantee the original expression of writers, songwriters, designers, artists, and other
creatives, as well as film and sound recording producers, who risked their money to present their
works to the public.

Second, a work’s knowledge and suggestions can be freely expanded upon by others, thanks to
copyright legislation. Additionally, it permits some unrestricted uses of copyrighted content. The
Copyright Act of 1957 outlines the range of these permissible uses. To establish harmony between
the rights of the copyright owner and the welfare of people to the greatest possible degree in the
interest of society, measures relating to free use are included in the Act. The Madras High Court
held that “copyright law is to preserve the fruits of a man’s effort, labour, talent, or test from
annexation by other persons” in Sulamangalam R. Jayalakshmi v. Meta Musicals, Chennai (2000).
HISTORICAL BACKGROUND AND EVOLUTION OF COPYRIGHT LAW
IN INDIA

The concept of copyright was first introduced with the passing of the Statute of Anne in April 1710,
which provides the protection of 14 years for works published after commencement of the act.
Further, various judicial pronouncements developed the concept of copyright in Britain. and largely
through various juristic opinions.

And later, British System adopted the Copyright Act of United States of America in 1790. It was
provided for the protection of books, maps, and charts for a period of 11 years from the first
publication, which could be renewed for a further term if the author was still alive.

And The English copyright act of 1842, (a new era in the regime of copyright law in England),
futher expanded the scope and nature of copyright. In 1884, an International Copyright Act was
empower her Majesty to provide protection to the authors of books and works of giving foreign
jurisdiction.

Historical Background Of Copyright Law In India:

In India, the copyright law was introduced by the East India company regime in 1847 through an
enactment. According to the 1847 enactment, Copyright is a term which can be used for lifetime
and even after the death of the author under some exception.

In this Act, it was provided that under a contract of service, copyright in any encyclopedia, review,
magazine, periodical work or work published in a series of books or parts shall vest in the
proprietor, projector, publisher or conductor.

Infringing copies were deemed to be copies of the proprietor of copyrighted work. Importantly,
unlike today, copyright in a work was not automatic. Registration of copyright was mandatory for
the enforcement of rights under the Act. However, the Act also specifically reserved the subsistence
of copyright in the author, and his right to sue for its infringement to the extent available in law
other than the 1847 Act.

Subsequently, the Imperial Copyright Act of 1911 from the United Kingdom was extended to India
as part of the British dominion. In 1914, the Indian legislature enacted a new Copyright Act which
extended most portions of the United Kingdom Copyright Act of 1911 to India. It did makes minor
changes in the act.

1. Firstly, it introduced criminal sanctions for copyright infringement (sections 7 to 12).

2. Secondly, it changes the scope of copyright; under section 4 the sole right of the author to
produce, reproduce, perform or publish a translation of the work shall subsist only for a
period of ten years from the date of the first publication of the work. The author, however,
retained her sole rights if within the period of ten years she published or authorized
publication of her work a translation in any language in respect of that language.

POST-INDEPENDENCE ERA:

After Independence in 1947, there was a need to establish a copyright framework that aligned with
the nation’s cultural and creative aspirations. Consequently, the Indian Parliament enacted the
Copyright Act of 1957. The Copyright Act, 1957 of India replaced both the Indian Copyright Act of
1914 and the Copyright Act of 1911, as it had been adapted for India through the Indian Copyright
Act. The Copyright Act, 1957 not only continued to protect literary, musical, and artistic works but
also introduced concepts such as the public domain and copyright duration.

AMENDMENTS AND UPDATES :

Over the years, the Copyright Act has undergone several amendments to adapt to changing
technologies and international agreements. Amendments occurred notably in 1983, 1984, 1992, and
2012, reflected India’s efforts to adapt to technological advancements, address emerging challenges
in the digital age, and fulfill international treaty obligations.

INTERNATIONAL AGREEMENTS :
In the late 1990s, India became a signatory to the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS). To comply with TRIPS obligations, India amended its
copyright law in 1999. The amendments extended copyright protection to computer programs and
digital works and introduced provisions on anti-circumvention measures.

INTERNATIONAL TREATIES:

In recent years, India has actively participated in international copyright treaties to harmonize its
copyright law with global standards. Notably, India signed the WIPO Copyright Treaty (WCT) and
the WIPO Performances and Phonograms Treaty (WPPT) in 2018, promoting the protection of
digital content and performers’ rights.

DIGITAL ERA AND COPYRIGHT ACT, 2012:

The rapid growth of the internet and digital technologies necessitated further changes to copyright
law. The Copyright Amendment Act of 2012 and 2017 addressed issues related to digital rights
management, online infringement, and intermediary liability. It also included provisions for the
benefit of authors and performers, such as the right to receive royalties and the termination of
assignments.

BASIC PRINCIPLES OF COPYRIGHT LAW

The Copyright law is built on a set of fundamental principles that continue to guide its development
and implementation.

1. Originality: In the realm lf Copyright Law, one of the key requirements for a work to be
eligible for copyright protection is originality. This means that the work must be the result of
the author’s creative effort and not a mere copy of existing materials.
2. Fixed Form: Copyright law also mandates that the work must be fixed in a tangible medium
to be eligible for protection. This can include writing, recording, or saving in digital format.
Ideas themselves are not protected; it’s the expression of those ideas that is safeguarded.
3. Exclusive Rights: Copyright Law grants creators or copyright holders a set of exclusive
rights, including the right to reproduce, distribute, perform, and assign their work. These
rights enable creators to control how their creations are used, except for cases like fair use or
other legally allowed exceptions.
 4. Limited Duration: Copyright protection has a limited duration, granting the copyright holder
exclusive rights for a specific period, which varies by location. Typically, it extends for the
author’s lifetime plus an additional 50 to 70 years. In India, these rights endure for the
author’s lifetime and an additional 60 years after their death. After this timeframe, the work
becomes accessible to the public, available for use by everyone.
5. Fair Use: Copyright law also includes the concept of fair use, permitting restricted use of
copyrighted material without explicit permission. This allowance applies to purposes such as
criticism, commentary, news reporting, teaching, and research. Fair use is a nuanced and
context-dependent concept, involving considerations like the purpose and nature of the use,
the copyrighted work’s characteristics, the amount used, and its impact on the market.

CONCLUSION

In conclusion, copyright law serves as a crucial pillar in protecting the rights of creators and
authors, stimulating innovation and artistic expression by granting them control over their
intellectual creations. This legal framework has undergone significant evolution in India, adapting
to the dynamic landscape of technology, international agreements, and the digital age.

The fundamental principles of copyright law, which encompass originality, fixation in tangible
form, exclusive rights, limited duration, and fair use, establish a robust foundation for the protection
of creative works spanning various domains such as literature, art, music, and film.

In essence, copyright law in India, akin to other nations, plays a pivotal role in nurturing creativity,
safeguarding intellectual property, and striking a balance between the interests of creators and the
broader public. It remains adaptable to the ever-evolving realms of technology and artistic
expression, ensuring that the fruits of human intellectual endeavors are duly acknowledged and
rewarded.