Anaya Nolan
India's copyright laws are governed by the Copyright Act, 1957, which came into force on January 21, 1958, replacing the Indian Copyright Act of 1914. The act has been amended several times, with the most recent amendment being in 2012. India is a signatory to several international conventions on copyright law, including the Berne Convention of 1886 and the Universal Copyright Convention of 1951. The duration of copyright protection in India typically lasts for the lifetime of the author plus 60 years for most works, while cinematographic films and sound recordings have a protection period of 60 years from the date of publication. Copyright protection in India covers a range of creative works, including literary, dramatic, musical, and artistic creations, as well as software and visual arts such as paintings, photographs, and sculptures.
| Characteristics | Values |
|---|---|
| Governing Law | Copyright Act, 1957 (as amended from time to time) and the Copyright Rules, 1958 (as amended from time to time) |
| Applicability | Applicable from 21 January 1958 |
| History | The Indian Copyright Act, 1914 was based on the Imperial Copyright Act of 1911 passed by the Parliament of the United Kingdom. |
| Registration | Not mandatory but provides advantages such as creating a public record of ownership and protection against importation of infringing copies. |
| Classes of Works | Original literary, dramatic, musical and artistic works, sound recordings, paintings, sculptures, drawings, photographs, cinematograph films, computer programs and applications |
| Remedies | Administrative remedies, civil remedies, and criminal remedies |
| Duration of Protection | Lifetime of the author plus 60 years for literary, dramatic, musical, and artistic works; 60 years from the date of publication for cinematographic films and sound recordings |
| Exceptions | Fair use, public domain, educational use |
| International Conventions | Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention of 1961, the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), WIPO Copyright Treaty (WCT), and the WIPO Performances and Phonograms Treaty (WPPT) |
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What You'll Learn
History of copyright law in India
The history of copyright law in India can be traced back to ancient times when manuscripts were copied and preserved by scribes in palm-leaf manuscripts. However, the country's first official copyright law was the Copyright Act of 1847, which was based on the UK Copyright Act of 1842. This act was enacted by the British colonial government to protect British authors and their works in India. The term of copyright under this act was for the lifetime of the author plus seven years post-mortem, with a maximum term of forty-two years.
In October 1912, the British Government extended the UK Copyright Act of 1911 to India. This was followed by the Indian Copyright Act of 1914, which was heavily influenced by the UK act and was the first comprehensive legislation addressing copyright protection in the country. This act gave Indian authors and their works copyright protection and included all works of art and literature under the ambit of copyright. It was replaced by the Copyright Act of 1957, which came into force on 21 January 1958.
The 1957 Act was the first post-independence copyright legislation in India and was enacted to replace colonial laws and deal with changing forms of creativity. This act introduced significant changes, such as provisions for setting up a copyright office under the control of a Registrar of Copyright for the registration of books and other works of art. It also established a copyright board to deal with disputes related to copyright.
Since its formulation, the 1957 Act has been amended several times, including in 1983, 1994, 1999, and most recently in 2012. The 2012 amendment was passed to achieve compliance with international treaties, such as the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), and to provide protection for digital works and internet broadcasting.
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Classes of work eligible for copyright protection
The Indian Copyright Act, 1957 outlines the types of works eligible for copyright protection. It can be any original work, including literary, musical, dramatic, artistic, and architectural creations.
Literary Works
Literary works include novels, poems, scripts, articles, essays, blog posts, and website content. Translations of original works are also protected by copyright. However, titles, short phrases, and factual information are not protected. The key factor is the originality in the arrangement, selection, or wording of the writing. Literary works are protected for the author's life plus 60 years.
Dramatic Works
The author of a dramatic work is protected by copyright and has the exclusive right to control how their work is used, reproduced, distributed, and displayed. This includes plays and other performing arts.
Musical Works
Musical works are protected by copyright, and the composer is typically the first owner of the copyright. A musical work need not be written down to enjoy copyright protection. However, it does not include any words or actions intended to be sung, spoken, or performed with the music. The lyricist and composer hold rights in a musical sound recording.
Artistic Works
Artistic works include paintings, sculptures, drawings, engravings, and photographs. These works are protected by copyright, even if they do not possess artistic quality. Freedom of panorama is also considered in India's copyright law, allowing for the depiction of artistic works in public places to be included in films.
Cinematograph Films and Sound Recordings
Producers of cinematograph films and sound recordings are eligible for copyright protection. Sound recordings are defined as recordings of sounds that can be produced regardless of the medium or method. The duration of copyright protection for these works is 60 years from the beginning of the calendar year following their publication.
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Rights granted by copyright laws
Copyright law in India is governed by the Copyright Act, 1957, which came into force on 21 January 1958. The Act has been amended several times since then, with the most recent amendment being in 2012. The law provides three types of remedies for copyright infringement: administrative, civil, and criminal.
The rights granted by copyright laws in India include protection for original literary, dramatic, musical, and artistic works, as well as sound recordings and cinematographic films.
For literary works, copyright protection extends to original works of authorship that are fixed in a tangible form of expression, including books, poems, plays, and other written works. Dramatic works refer to works that are intended to be performed in front of an audience, such as plays, screenplays, and choreographic works. Musical works include any composition of music, with or without lyrics, and can be protected even if they are not written down.
Artistic works covered under the copyright laws include paintings, sculptures, drawings, engravings, photographs, and works of artistic craftsmanship. The period of copyright for photographs is specified as 50 years from the creation of the original negative.
The concept of "work of joint authorship" is recognised in India, where a work is produced through the collaboration of two or more authors whose contributions are not distinct from each other. In such cases, all authors must individually satisfy the conditions for copyright subsistence, and any exploitation of the work by one author requires the consent of the other(s).
In addition, freedom of panorama is addressed in the copyright law, allowing for the depiction of architecture, sculptures, and works of artistic craftsmanship in drawings, paintings, engravings, and photographs, as long as they are permanently situated in a public place or any premises to which the public has access.
India is a signatory to several important international conventions on copyright law, including the Berne Convention of 1886, the Universal Copyright Convention of 1951, and the Rome Convention of 1961, among others. These conventions further strengthen the rights granted by copyright laws in India and promote international recognition and protection of copyrighted works.
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Remedies for copyright infringement
Copyright infringement in India occurs when someone copies and distributes a copyrighted work without the copyright owner's permission. This includes copying for hire/sale without authority, distributing for personal and trade gains, and the reproduction of literary, artistic, dramatic, or musical works.
The Copyright Act, 1957 (as amended from time to time) and the Copyright Rules, 1958, outline the remedies for copyright infringement in India. These include:
Civil Remedies
- Injunctions: The copyright owner can seek an injunction to restrain the infringer from continuing the infringing acts and restore the pre-infringement position.
- Damages: The copyright owner can claim monetary compensation to restore them to the position they would have been in had the infringement not occurred.
- Rendition of accounts: The copyright owner can seek financial information from the infringer to determine the extent of damages.
- Delivery and destruction of infringing copies: The copyright owner can request the court to order the delivery of infringing copies and their subsequent destruction.
Criminal Remedies
- Imprisonment: In some cases, copyright infringement can lead to imprisonment.
- Fines: The infringer may be subject to monetary fines.
- Seizure of infringing copies: The copyright owner can request the seizure of all infringing copies.
- Delivery of infringing copies to the owner: The infringer may be ordered to deliver any infringing copies to the copyright owner.
It is important to note that the 2012 amendments to the Copyright Act clarified that the provisions of the Act apply to electronic and digital media in the same way as they do to conventional media. This means that remedies for copyright infringement on the internet are not dealt with separately under the Act. Additionally, certain safe harbour provisions protect internet service providers from accidental storage of infringing copies for data transmission purposes.
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Duration of copyright protection
The duration of copyright protection in India depends on the type of work and jurisdiction. Generally, copyright protection in India lasts for the lifetime of the author plus 60 years. This applies to literary, dramatic, musical, and artistic works. However, there are different durations for other types of copyrighted works.
For cinematographic films and sound recordings, the copyright protection duration is 60 years from the date of publication. This means that any film or sound recording published in India will be protected for 60 years from the date it was made public. This is a standard duration that does not take into account the lifespan of the creator.
Photographs, as a type of artistic work, are subject to a different duration of copyright protection. The Indian Copyright Act, 1914, which was applicable until 21 January 1958, stated that the period of copyright for photographs was 50 years from the time of creation. This was defined as "fifty years from the making of the original negative from which the photograph was directly or indirectly derived". With the introduction of the new Copyright Act in 1957, the duration of copyright protection for photographs published after 21 January 1958 would fall under the general rule of the lifetime of the author plus 60 years.
It is worth noting that India is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, 1886. This convention, which India is obligated to uphold, states that registration of copyright is not mandatory for protection. This principle is reflected in Indian copyright law, where registration is not required to avail of legal protection. However, registering a copyright does come with advantages, such as creating a public record of ownership and facilitating enforcement through Indian Customs to prevent the importation of infringing copies.
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Frequently asked questions
In India, copyright typically lasts for the lifetime of the author plus 60 years. For cinematographic films and sound recordings, copyright lasts for 60 years from the date of publication. For photographs, copyright lasts for 50 years from the creation of the original negative.
The three types of remedies provided under the Copyright Act, 1957 are administrative remedies, civil remedies, and criminal remedies. Administrative remedies include detention of infringing goods by customs authorities. Civil remedies include injunctions, damages, and account of profits. Criminal remedies include imprisonment (up to 3 years) and a fine (up to 200,000 Rupees).
Copyright protection is available in India for original literary, dramatic, musical, and artistic works, as well as sound recordings, paintings, sculptures, drawings, engravings, photographs, cinematograph films, and computer programs.
