COMPARATIVE ANALYSIS:

COPYRIGHT LAW IN UK AND

INDIA
By : DEV SHARMA
[Applied for position of intern at British High
Commission, New Delhi, India]
 INDEX

1. Terms of protection of copyright in UK with that of India

2. Fixation is necessary for copyright protection
– Comparison of the fixation requirements of copyright in the UK and Indian
copyright law
3. Copyright and emerging technology
– Blockchain technology has the potential to impact copyright law in several
ways
 TERMS OF PROTECTION OF COPYRIGHT IN UK WITH THAT OF INDIA

■ Literary, artistic, musical, and dramatic works (Published):

– UK: Copyright lasts until 70 years following the author's death.
– India: Copyright subsists until 60 years from the beginning of the calendar year following the
year in which the author dies.
■ Literary, artistic, musical, and dramatic works (Anonymous or pseudonymous):
– UK: Copyright lasts until 70 years following the author's death, starting from the year the
author's identity is disclosed.
– India: Copyright subsists until 60 years from the beginning of the calendar year following the
year in which the author dies, starting from the year of publication.
■ Posthumous works (Literary, dramatic, musical, or engraving):
– UK: Copyright lasts until 70 years after the death of the last surviving author or 70 years from
creation if the author's identity is unknown.
– India: Copyright subsists until 60 years from the beginning of the calendar year following the
year in which the work is first published.
■ Cinematograph films and sound recordings:
– UK: Films: Copyright lasts for 70 years after the death of the last surviving author,
director, writer, or composer. Sound recordings: Copyright lasts for 50 years from
the year of creation or 70 years from publication.
– India: Copyright subsists until 60 years from the beginning of the calendar year
following the year of publication.
■ Works of government, public undertakings, or international organizations:
– UK: Crown Copyright lasts until 125 years from creation or 50 years from
commercial publication, if published within 75 years of creation. Where
parliamentary copyright last until 50 years.
– India: Copyright subsists until 60 years from the beginning of the calendar year
following the year of publication.
■ Broadcast reproduction rights:
– UK: Copyright lasts for 50 years from the year of the broadcast.
– India: Copyright subsists until 25 years from the beginning of the calendar year
following the year of the broadcast.
Contd.

■ Performers' rights:
– UK: Copyright lasts for 50 years from the year of the performance or recording,
depending on the medium.
– India: Copyright subsists until 50 years from the beginning of the calendar year
following the year of the performance.
 FIXATION IS NECESSARY FOR COPYRIGHT
PROTECTION:
■ Establishing Originality: Fixation provides evidence that the work is the result of an
author's original creative expression.
– It allows for a tangible representation of the work, enabling others to assess and
determine its originality and distinguish it from similar works.
■ Perceiving and Interpreting: Fixation makes the work perceptible to others. It allows
individuals to experience and interpret the work through their senses, such as reading a
book, viewing a painting, or listening to a song.
– This tangible form facilitates communication and reception of the work by an
audience.
■ Reproduction and Distribution: Fixation enables reproduction and distribution of the
work, whether through physical copies or digital media.
– Copyright protection grants the creator the exclusive right to reproduce and
distribute their work, and fixation provides the means to exercise these rights.
Contd.

■ Preservation and Documentation: Fixation ensures the preservation and

documentation of creative works for future reference, study, and cultural heritage.
– It allows for the creation of archives, libraries, and databases that store and
catalog various forms of creative expression.
■ Preservation and Documentation: Fixation ensures the preservation and
documentation of creative works for future reference, study, and cultural heritage.
– It allows for the creation of archives, libraries, and databases that store and
catalog various forms of creative expression.
 COMPARISON OF THE FIXATION
REQUIREMENTS OF COPYRIGHT IN THE UK
AND INDIAN COPYRIGHT LAW:

■ Originality: Both the UK and Indian copyright laws require originality for works to be
eligible for copyright protection.
– The works must be the result of the author's independent skill, labor, and creativity.
■ Types of Works: Both jurisdictions provide copyright protection for various categories
of works, such as literary, artistic, musical, dramatic, and sound recordings.
■ Fixation Requirement: In both the UK and India, there is a fixation requirement for
copyright protection.
– Fixation means that the work must be recorded or fixed in a tangible or material
form.
 COPYRIGHT AND EMERGING
TECHNOLOGY

■ Artificial Intelligence (AI) and Machine Learning: AI technologies have the potential to
create, analyze, and generate creative works.
– Copyright law may need to address questions of authorship and ownership when AI is
involved in the creation process.
■ Virtual Reality (VR) and Augmented Reality (AR): VR and AR technologies enable
immersive and interactive experiences.
– These technologies raise questions about the protection of virtual creations, licensing
of virtual assets, and the interaction between real-world and virtual content.
 Blockchain technology has the potential
to impact copyright law in several ways:
1. Copyright Ownership and Attribution: Blockchain can provide a transparent and
immutable ledger that records ownership and authorship information.
– Copyright owners can register their works on a blockchain, creating a verifiable record
of their ownership. This can help establish proof of authorship and simplify the process
of attributing rights to creators.
2. Digital Rights Management (DRM): Blockchain-based DRM systems can enable more
secure and decentralized distribution of copyrighted content.
– Smart contracts on a blockchain can enforce licensing agreements and automatically
facilitate the transfer of usage rights, ensuring proper compensation for creators and
streamlining the licensing process.
– DRM, or Digital Rights Management, is a set of technologies used to control access,
usage, and protection of digital content. It aims to prevent unauthorized copying,
distribution, and use of copyrighted works.
Contd.

■ Royalty Distribution: Blockchain can facilitate transparent and efficient royalty

distribution systems.
– Smart contracts can automate royalty calculations and payments, ensuring that
creators receive their fair share of revenue when their works are used or licensed.
■ Intellectual Property Protection: Blockchain can provide evidence of the existence and
creation date of a work, which can be crucial in establishing prior art or proving originality
in copyright disputes.
– Additionally, blockchain-based systems can help combat plagiarism and unauthorized
use of copyrighted works by providing a decentralized and tamper-resistant record of
ownership.
■ Licensing and Permissions: Blockchain can streamline the licensing process by creating a
decentralized marketplace where creators can offer their works for licensing and users can
obtain permissions in a secure and transparent manner.
– Smart contracts can automate licensing terms and conditions, ensuring compliance
and reducing the need for intermediaries.
Thank you!