Amity Law School

Amity Law School

Conditions for grant of copyright
Dr. Gopalam Sultania

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• In India, copyright protection is granted automatically

to certain types of original works of expression, such
as literature, music, and art, as soon as they are fixed
in a tangible form, such as being written down or
recorded.
• There is no need to register a work in order to obtain
copyright protection in India.

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• However, in order for a work to be eligible for

copyright protection in India, it must meet certain
criteria.
• The work must be original, meaning that it must have
been created by the author and must not be copied
from someone else.
• The work must also be fixed in a tangible form, such
as being written down or recorded.

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• In addition, the work must fall into one of the

categories of works that are eligible for copyright
protection under Indian law, which include
– literary works,
– musical works,
– artistic works,
– cinematograph films, and
– sound recordings.
Works that are not eligible for copyright protection in
India include ideas, facts, and discoveries.

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• If a work meets these criteria, the author of the work is

automatically granted certain exclusive rights under
copyright law, including the
– right to reproduce the work,
– distribute copies of the work, and
– publicly perform or
– display the work.

• These rights are granted for a limited time period, after

which the work enters the public domain and may be
used freely by anyone.

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Exceptions and Doctrine of

Fair Use

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• Copyright law grants certain exclusive rights to the

creators of original works of expression, such as
literature, music, and art.
• These rights allow creators to control how their works
are used and distributed, and to receive financial
compensation for the use of their works by others.
• However, copyright law also includes certain
exceptions and limitations to these exclusive rights.

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• One common exception to copyright protection is the

doctrine of "fair use," which allows for the limited use
of copyrighted material without permission for
purposes such as criticism, news reporting, research,
and education.
• The concept of fair use is based on the idea that the
public should have access to certain information and
ideas, and that the exclusive rights granted by
copyright should not be used to stifle the free
exchange of ideas.

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• Other exceptions to copyright protection may vary

depending on the specific laws of a particular country.
• For example, in some countries, it may be allowed to
reproduce a limited amount of a copyrighted work for
personal or private use, or to use a copyrighted work
in a way that does not compete with the original work
or harm the market for the original work.

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• It's important to note that the extent of the exceptions

to copyright protection can vary widely between
countries and may be subject to interpretation by
courts.

• In general, it's always a good idea to seek permission

from the copyright owner before using a copyrighted
work in a way that goes beyond the exceptions and
limitations allowed by law.

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• The doctrine of fair use is a legal principle that allows

for the limited use of copyrighted material without
permission for purposes such as criticism, news
reporting, research, and education. The concept of fair
use is based on the idea that the public should have
access to certain information and ideas, and that the
exclusive rights granted by copyright should not be
used to stifle the free exchange of ideas.

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• In India, the doctrine of fair use is codified in section

52 of the Indian Copyright Act of 1957. This section
lists a number of specific purposes for which the use
of a copyrighted work is considered to be fair use,
including research and private study, criticism and
review, reporting current events, and the making of
copies for the use of disabled persons.

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• However, the doctrine of fair use is not a blanket

exception to copyright protection, and the extent to
which a particular use of a copyrighted work is
considered fair use will depend on the specific
circumstances of each case.
• In determining whether a particular use of a
copyrighted work is fair use, Indian courts will consider
factors such as the purpose and character of the use,
the nature of the copyrighted work, the amount and
substantiality of the portion used, and the effect of the
use on the market for the original work.

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