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Copyright Law India The copyright means the sole & exclusive right to publish the work or any substantial part thereof and or reproduction of the publication or reproduction of the translation of the work as per Section 14 of the copy right Act 1957 [D.S.G Sidhanti versus Venkateshwara publishing house, (1968) 1 An WR 323, 328]. There can be no copy right in works which have not yet come into existence. It can subsist only in respect of works already published or composed. It may attach upon each successive publication but work we have no present existence can not be the subject of copy right. Copyright is incorporeal property-copy right is the right to prevent copyright, or issuing the copies of the work to the public or the right to prevent the making for sale of selling infringing copies of the work. It is incorporeal property distinguishable from physical ownership of the work in which copyright subsists. It is the right to make the copies of the work, and to do various other acts. Author - Section 2 (d) of the copyright Act, 1957 defines the meaning of the authors as the person who causes the work to be created. A person who merely suggests the idea of the work to author is not the author, nor even a joint author of the work. A short hand writer who takes down the notes is not the author. Authorship is the organization of a meritorious production, embodying the author or the thought of the author as well as the thought of the other, in an organized and communicable form and bearing the impress of the distinctive individuality of the mind which produced it. Section 13 (1) the copyright Act, 1957 copyright shall subsist throughout India in the following classes of original literary, dramatic, musical and artistic work, cinematograph films and sound recording subject to provisions of this section and the other provision of this Act. Copyright shall not subsist in any work specified in subsection (1), other than a work to which the provision of section 40 or section 41 apply unless in the case of the published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India and in case of an unpublished work other than work of architecture, the author is at the date of the making of the work a citizen of India or domiciled in India ; and in the case of work of architecture, the work is located in India . In the case of a work of joint authorship the condition conferring Copyright specified in this sub-section shall be satisfied by all the author of the work. Original work and originality.- section 13 (1) provides that copyright subsists in original literary, dramatic musical and artistic works .What is a concept of ‘originality’? The word “original” does not mean that the work must be the expression of original or inventive thought. The originality which is required relates to the expression of the thought but the Act does not require that the expression must be in an original or novel form, but that the work not be copied from another work that should originate from the author. Any new and original plan, arrangement or compilation of materials entitle author to copy right therein. Whether the material themselves old or new. A good literary work requires considerable thought, skill and labour. However, the existence of “originality” is a question of fact and degree. There is no common "international copyright protection". However, most countries do offer protection to foreign works under certain conditions under various international copyright treaties and conventions. India is a member of both the Berne convention and Universal copyright convention. Acquisition of copyright is automatic and it does not require any registration. However, certificate of registration of copyright serve as prima facie evidence in a court of law with reference to disputes relating to ownership of copyright. Application for registration is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) along with the prescribed fees and the same can be signed by the advocate as well. Both published and unpublished works can be registered. When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright. The term of the copyright is for life that is 60 years. In the case of original literary, dramatic, musical and artistic works the 60 year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60 year period is counted from the date of publication. ASSIGNMENT OF COPYRIGHT Section 18 of the copyright Act, 1957 provide the provisions for the assignment of copyright. The owner of the copyright in an existing work or the prospective owner of the copyright in future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof. In the case of the assignment of copyright in any future work, the assignment shall take effect only when the works comes into existence. The expression ‘assignee’ as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.” It is essential for assignment of copyright that the work must be identifiable and specification of the rights assigned and duration and extent of such assignment be specified. The period of assignment is to be deemed to be five years from the date of assignment if period of assignment not stated. If territorial extent is not specified it shall be presumed to extend within India. The assignment must specify amount of royalty payable, if any, to author or his legal heir during currency of assignment. INFRINGEMENT OF COPYRIGHT Section 51 of the copyright Act , 1957 deals with the infringement of copyright and copyright in a work shall be deemed to be infringed when any person, without a licence granted by the owner of the copyright or the Registrar of copyright under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act- i) does anything , the exclusive right to do which by this Act conferred upon the owner of the copyright, or (ii) permits for profit any place to be used for the communication of the work in public where such communication constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright, or (b) when any person- (i) makes for sale or hire , or sells or lets for hire or by way of trade displays or offers for sale or hire, or (ii) distributes either for the purpose of trade or to such an extent as to effect Prejudicially the owner of the copyright ,or (iii) by way of trade exhibits in public , or (vi) imports into India , Any infringing copies of the work; Provided that nothing in sub-clause (vi) shell apply to the import of two copies of any work, other than a cinematograph film or record, for the private and domestic use of the importer. Explanation.- for the purposes of this section , the reproduction of a literary , dramatic musical or artistic work in the form of a cinematograph film shell be deemed to be an ‘infringing copy’.”
with best
regards KAVIRAJ SINGH
Trustman & Co
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