COPYRIGHT

ACT
1957
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INTRODUCTION
The Copyright Act of 1957 is a law that was designed to protect the rights
of creators, such as writers, artists, and musicians, over their original
works.
This law ensures that the creators can control how their works are used,
published, and distributed, and it allows them to receive benefits or
compensation from their creations.
The act also set rules on how long the protection lasts, defined what counts
as copyright infringement, and described legal penalties for unauthorized
use of protected works.
Additionally, it made provisions for the public use of works no longer under
copyright and established some exceptions for using copyrighted
materials without permission, like for education or criticism.
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HISTORICAL BACKGROUND
The Act is applicable from 21 January 1958. The history of copyright law in
India can be traced back to its colonial era under the British Empire.
The Copyright Act 1957 was the first post-independence copyright legislation
in India and the law has been amended six times since 1957.
The latest revolutionary amendment to the Copyright Act, 2012, which was
passed by the parliament on May 22, 2012, was given assent by the president
of India on June 7, 2012 and it was notified on June 8, 2012. This Copyright
(Amendment) Act, 2012 came into effect from 21st June 2012 after it was
notified in the gazette.
The protection of creators' intellectual property rights and the promotion of
innovation and creativity are both made possible by granting exclusive rights
to authors under the copyright law.
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The first copyright law in India was the Copyright Act

of 1847, which was mainly based on the U.K. Copyright
Act of 1842.
The government could grant a compulsory licence to
publish a book if the owner of copyright, upon the
death of the author, refused to allow its publication.
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OBJECTIVES
Protection of Creators
Safeguarding the rights of authors, composers, artists, and other creators to
control the use and reproduction of their original works.

Encouragement of Creativity
Promoting the creation and dissemination of literary, artistic, musical, and
other creative works by ensuring creators can profit from their efforts.
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Economic Incentive
Providing creators with economic incentives to produce original works by
granting them exclusive rights to reproduce, distribute, and perform their
creations.

International Compliance
Ensuring compliance with international treaties and agreements related to
copyright protection, thereby facilitating international trade and
cooperation in the creative industries.
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KEY PROVISIONS OF THE ACT
Exclusive rights: Copyright owners have the exclusive right to reproduce, distribute, and
1 publicly display their works.

Fair use: The fair use doctrine allows for limited use of copyrighted material without
2 permission for purposes such as criticism, commentary, or education.

Registration: Copyright registration provides certain benefits and protections,

3 although copyright is automatically granted upon creation.
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Public domain: Works that are in the public domain are not protected by copyright and
4 can be freely used by anyon

Licensing and royalties: Copyright owners can license their works to others for use and
5 receive royalties in return

International protection: Copyright protection extends beyond national borders through

6 international agreements and treaties.

Moral rights: Some countries recognize moral rights, which protect the integrity and
7 attribution of a work even after it is sold or transferred.
 AMENDMENTS 8
The Copyright Act of 1957 in India has undergone several significant amendments to keep pace with
technological advancements and international standards. Some notable amendments include:

Amendment in 1994 Amendment in 2012

This introduced provisions for
computer programs and
amendments to address emerging
issues in copyright protection
related to computer software.
This amendment brought significant
changes to address digital copyright
issues, including provisions related to
digital rights management, Internet
service provider liability, and statutory
licensing for broadcasting organizations.

Amendment in 2012
(Second Amendment)
This amendment expanded the scope of
copyright protection to cover performers'
rights and introduced provisions for
safeguarding the rights of authors and
performers in the digital environment.
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Amendment in 2017
This amendment aimed to modernize
copyright law by introducing provisions
related to fair use, compulsory licensing
for unpublished works, and enhancing the
rights of authors and performers.

These amendments have played a crucial role in updating India's copyright law to address
contemporary challenges and align with international standards and treaties.
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CASE
STUDIES
 HAWKINS COOKER LTD. VS MAGICOOK APPLIANCES 11

Hawkins Cooker Ltd. vs. Magicook Appliances is a notable legal case in India that pertains to copyright infringement
under the Copyright Act of 1957.
Hawkins Cooker Ltd., a well-known Indian company manufacturing pressure cookers, filed a lawsuit against Magicook
Appliances, alleging that Magicook had infringed upon its copyright by replicating certain aspects of its pressure cooker
design.
The Copyright Act of 1957 in India protects original works of authorship, including artistic works such as designs, under
Section 14. This includes the exclusive right to reproduce the work, make derivative works, distribute copies, and display
or perform the work publicly.
In this case, Hawkins Cooker Ltd. argued that Magicook Appliances had copied specific design elements of its pressure
cookers, which were protected under copyright law. These design elements might include the shape, configuration, and
distinctive features of the pressure cooker.
To prove copyright infringement, Hawkins Cooker Ltd. likely had to demonstrate that Magicook Appliances' products
were substantially similar to its own copyrighted designs and that Magicook Appliances had access to those designs.
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The outcome of the case would depend on various factors, including the evidence presented by both parties, expert
testimony, and interpretations of copyright law by the court.
It's essential to note that legal cases can be complex and often involve nuances specific to the jurisdiction and the
details of the alleged infringement. The final judgment in such cases is made by the court based on the evidence and
arguments presented by both parties.
Unfortunately, I can't provide images, but you might find visual representations of the products and designs involved in
the case through online searches or legal databases..
 SUPER CASSETTES INDUSTRIES LIMITED VS GOOGLE AND YOUTUBE 13

Super Cassettes Industries Limited (SCIL) vs. Google and YouTube is a significant copyright infringement case in India
involving the Copyright Act of 1957. SCIL, also known as T-Series, is a major Indian music company, and the case revolved
around the unauthorized uploading of its copyrighted music content on the YouTube platform owned by Google.
T-Series alleged that users were uploading its copyrighted music videos onto YouTube without authorization, resulting
in widespread infringement of its copyrights. T-Series argued that Google and YouTube were liable for copyright
infringement because they provided the platform and tools that enabled users to upload, share, and view copyrighted
content without adequate safeguards to prevent infringement.
Under the Copyright Act of 1957 in India, copyright owners have exclusive rights to reproduce, distribute, and
communicate their works to the public. Any unauthorized use of copyrighted content that falls within these exclusive
rights constitutes infringement.
T-Series contended that Google and YouTube were aware of the rampant infringement occurring on their platforms but
failed to take sufficient action to prevent it. T-Series likely sought remedies such as injunctions to stop the
unauthorized uploads, damages for the infringement that had occurred, and possibly changes to YouTube's policies and
procedures to better address copyright infringement.
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Google and YouTube likely defended themselves by arguing that they were protected by safe harbor provisions, such as
the Digital Millennium Copyright Act (DMCA) in the United States, which limit the liability of online service providers for
copyright infringement committed by their users, provided they comply with certain requirements, such as
implementing a notice-and-takedown system.
The case would have involved complex legal arguments regarding the responsibilities of online platforms regarding
user-generated content, the adequacy of YouTube's copyright enforcement measures, and the extent of liability for
third-party infringement.
The final judgment would have depended on various factors, including the evidence presented by both parties,
interpretations of copyright law, and precedents set by previous cases.
 CURRENT CHALLENGES 15
AND CRITISISM

Technological Advancements

Digital Piracy: With the rise of the internet and digital technologies, online piracy
has become a significant challenge.
Digital Rights Management (DRM): Ensuring effective DRM solutions to protect
digital content from unauthorized copying and distribution remains a challenge,
given the rapid evolution of technology.
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Enforcement and Piracy

Inadequate Enforcement Mechanisms: The enforcement of copyright laws often

faces challenges due to limited resources, outdated enforcement mechanisms, and
a lack of coordination among law enforcement agencies.
Cross-border Enforcement: The global nature of online piracy makes cross-border
enforcement complex, requiring international cooperation and coordination among
countries with differing legal frameworks and enforcement capacities.
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Licensing and Royalties

Complex Licensing Agreements: The complexity of licensing agreements, especially

in the digital environment, can be a barrier to the legitimate use and distribution of
copyrighted works, affecting both creators and users.
Royalty Distribution: Ensuring fair and transparent royalty distribution mechanisms,
particularly in the digital era where content can be monetized through various
platforms, is a persistent challenge.
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International Treaties and Harmonization
Compliance with International Standards: Ensuring compliance with international
copyright treaties and conventions while addressing domestic needs and priorities
poses challenges, requiring a delicate balance to be maintained.
Harmonization with Global Standards: Achieving harmonization with global
copyright standards while preserving cultural and creative diversity is a complex
task, given the diverse nature of India's creative industries and legal landscape.
In conclusion, while the Copyright Act of 1957 has served as a foundational
framework for copyright protection in India, addressing the aforementioned
challenges requires continuous efforts, including legislative reforms, technological
advancements, capacity building, and international cooperation.
THANK YOU
Presented By : Riya Sharma
Ritika Kumari
Mallika Gajwani
Pari Jain
Kunal khanna
Khushi Lamba
Arman Singh