Copyright History

• Indian Copyright Act 1847

• Imperial Copyright Act 1911 -- “Law in
force” entire British dominion
• Indian Copyright Act 1914
• The Copyright Act 1957
– Amendments 1984, 1984, 1994,1999
Berne Convention 1971
Universal Copyright Convention 1971
WIPO Copyright Treaty 1996
Copyright Defined
Copyright protection applies to “original
works of authorship fixed in any tangible
medium of expression” [u/s 14 ICA 1957]
 Fixed = embodied so that it may be
perceived, copied or communicated for more
than transitory duration
 Original work of authorship
 Work must be created by author
 Only applies to expression of ideas or facts,
not the underlying ideas or facts themselves
 Expression needs minimal level of creativity
Copyrights Are…
Includes:
- literary
- artistic
- dramatic
- musical
- computer programs
They protect the right of the author’s to
copy/publish their original work
What Is Protected by Copyright

-computer programs - books

- databases - poems
- multimedia creations - pamphlets
- films and videos - magazine articles
- maps
- photographs
- sculptures
- screenplays
- architectural works
- plays and scripts - advertisements and
- song lyrics logos
- sound recordings - drawings and paintings
- musical compositions
What Is NOT Protected
- a work in the public domain
- factual information
- title for a song
- idea for a plot
- a method of staging a play
- names or slogans
- short phrases and titles
- plots or characters
Rights of Owners of Copyrights

- reproduction, in whole or substantial part, in any

material form, including electronic form
- public performance
- public telecommunication
- publication
- translation
- adaptation
as well as authorize any such acts
Infringement

To perform any copyrighted act without

permission from the original author i.e.
- reproduce
- adapt
- perform publicly, etc.
Usual resolution:
- payment of damage/profits
- delivery of infringed copies or injunctions
Copyright Guidelines
Rule of Thumb:
Everything is protected unless in public domain
- Copyright expires 60 years after the year in
which the last author dies
Exception: anonymous and psydonoumous
works 60 years from the date of publication.
Photographs, Cinematographic films and Sound
Recordings
- Copyright expires 60 years after the year in
which those works were created
Fair Use
Works used for:
– private study
– research
– criticism
– review
– newspaper reporting
are not considered copyright infringement
Educational Exceptions five criteria
- must take place on the premises of the
educational institution
- be for educational or training purposes
- be not for profit
- take place before and audience consisting
primarily of students of the educational
institution, instructors acting under its
authority or any person who is directly
responsible for setting curriculum
- not involve a “motive for gain”
Educational Exceptions--Examples
For educational purposes copyrighted
works can be utilized in the classroom in
the following ways:
- Overhead projector, blackboard or flipchart
- Test or exam
- Student performance
- Play sound recordings
- Play live radio and television programs
- Play pre-recorded news or news commentary
programs (up to 1 year from recording date)
Moral Rights
Author retains rights to:
– the integrity of piece
– be named as author
even after sale or transfer of the copyright
Collective Organizations
- act on behalf of the copyright owner
- copyright holders specify the work that
licenses can be granted
- exist for both print and audiovisual material

Society for Copyright Regulations of Indian

Producers of Films & Television (SCRIPT)-films
Indian Performing Rights Society (IPRS)- Music
Phonographic Performance Limited (PPL)- Sound
Recording
(Intl. Confederation of Authors and Composers-CISAC)
Authorities and Institutions
• Copyrights office:
– Registrar of Copyrights
• Copyrights Board: u/s 11
– Chairman, 2-14 other members
– Deemed to be civil court
• Copyrights Societies:
– Power to issue licences in respect of copyright under
the Act.
– Power to collect fees in pursuance of such licences
and
– The to distribute such fees among owners of rights
after making deductions of its own expenses.
 Copyright Statements
© 2007 by Prentice-Hall India Pvt Limited, New
Delhi.
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Case:
- Najma Heptulla Vs Orient Longman
- In the High Court at Delhi