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COPYRIGHT
IN INDIA
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What is Copyright?
The exclusive right given by law fora certain term of years to an author,composer etc. (or his assignee) toprint, publish and sell copies of hisoriginal work
(Oxford English Dictionary)
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Copyright in India
First Act in 1914, followed by theCopyright Act 1957.
1957 Act: adopted many Englishprovisions, introduced new ideas and
concepts.
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Copyright Act 1957 MainFeaturesv Valid from 21 January 1958
v Created Copyright Office and Copyright Board
v Introduced civil and criminal remedies against infringement
v Performing rights societies rights (for instance, music royalties)
v Definition of categories in which copyright actually subsists
v International copyright
v Definition of infringement
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Term of Copyright
Depends on nature of work/owner ofcopyright and whether the work hasbeen published
Most works: 60 years
Broadcast Reproduction: 25 years
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The Nature of Copyright
Statute-based, no registrationnecessary
Combines different rights (literary
works: the right to reproduce inhardback and paperback editions, theright of translation adaptation)
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a opyr gProtects
Original Literary, Dramatic,Musical and Artistic Works
Cinematograph Films
Sound Recordings
Computer Software
Programme Manuals
Punched Cards
Magnetic Tapes/Discs
Computer printouts Computer programmes
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LiteraryWorksNovels, poems, short stories
Books on any subject
Computer programmes,
tables, computer
databasesSong lyrics
Spotlight onCopyright forthe Biotech
industry
Work in the biotech industryinvolving copyrightable subject
matter:
Modification of genes of plants,animals
To identify causes of diseases
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Copyright and Related Rights to theRescue?
Despite conferral of a monopoly, usually another option available:
Copyright could be an option in cases without inventiveness
Advantage of copyright system: no ban on creation of genomes,merely royalties; licensing schemes can be regulated.
Copyright Subject Matter
The work concerned has to be
OriginalWork of authorship
Fixed
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Originality
Work may be original, even if derivedfrom previous material, providedfurther independent skill, usefullabour, knowledge or judgment havebeen bestowed on its creation
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Statutory Definition OfInfringement
Copyright Act 1957, s. 51
Infringement: exercising rights of thecopyright owner
Making, distributing, exhibiting andimporting infringing copies of thework
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Factors DeterminingInfringement
Copying
Causal Connection
Subconscious CopyingIndirectCopying
Substantial TakingUnaltered copying
Extent of defendants alteration
Character of Plaintiffs and
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General Principles
(1)No copyright in an idea.
(2) Where same idea developed indifferent manner, similaritieshappen. Court to rule on whethersimilarities are merely substantial or
fundamental
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General Principles (2)(3) Safest Test: Does the reader have the opinion that the
second work is a copy of the original? (the viewer test)
(4) Same theme, different presentation Completely newwork, no infringement
(5) Where there are only incidental similarities, there isno copyright infringement
(6) Copyright infringement = piracy it must be clearly
proven
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Remedies
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Civil Remedies
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Civil Remedies (2)
Injunction
Only effective remedy
Court has to weigh the
damage to the plaintiff if the
injunction is not granted, asopposed to the damage to the
defendant if it is
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Criminal Remedies
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Criminal Remedies
Copyright Act 1957, s.64empowers the Police (any officer notbelow the rank of sub-inspector) toseize infringing copies without
warrantPolice Raids (Power ofsearch,
seizure & arrestwithout a warrant)
Fines (min. 50,000-200,000 INR)
Imprisonment (6 months to 3years)
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Thank
