Copyright Act, 1957 : Meaning, Features, Remedies and FAQs

The Copyright Act, 1957 established the legal framework for safeguarding original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings in India. The legislation imposes penalties for unauthorized reproduction, distribution, performance, display, or communication of these works and allows for fair dealing exceptions, such as criticism, commentary, news reporting, teaching, research, and private study. Additionally, it permits certain forms of derivative works, like translations, abridgments, and adaptations, fostering intellectual property growth in India and encouraging creativity and innovation. Aligned with major international treaties, including the Universal Copyright Convention, Rome Convention, Berne Convention, and TRIPS Agreement, this landmark legislation remains the cornerstone of India’s modern copyright system, ensuring proper recognition and compensation for creators.

Geeky Takeaways:

• The Copyright Act 1957 protects original dramatic, musical, literary, and artistic works, specifically sound recordings and cinematographic films, in India.
• The Act permits various forms of derivative works, such as translations, abridgments, and adaptations, contributing to the growth of intellectual property in India and fostering creativity and innovation.
• It incorporates fair dealing exceptions, allowing activities like criticism, commentary, news reporting, teaching, research, and private study without infringing on copyright.
• The legislation enforces penalties for unauthorized activities such as reproduction, distribution, performance, display, or communication of these protected works.

What is Copyright?

Copyright focuses on a set of exclusive rights granted by law to creators of dramatic, literary, musical, and artistic works, as well as producers of sound recordings and cinematographic films. These rights encompass the communication to the public, adaptation, and translation of the work, with the scope and duration of protection varying depending on the type of work. Globally, copyright laws aim to stimulate creativity, encourage innovation, and offer incentives for artists and writers to produce new works. In India, the Copyright Act 1957 serves as the principal legislative framework governing copyright matters, ensuring the protection and regulation of intellectual property.

Salient Features of the Copyright Act, 1957

1. Scope of Rights (Section 13): Under Section 13 of the Copyright Act, the scope of rights is expansive, encompassing various creative works. Literary works, which include books, manuscripts, poetry, and theses, receive protection. Similarly, musical compositions, dramatic works, artistic creations, sound recordings, and cinematograph films fall under this umbrella, highlighting the Act’s comprehensive coverage of different forms of artistic expression.

2. Ownership Provisions (Section 17): Section 17 clarifies the ownership of copyright, establishing that the original creator holds the rights unless the work is produced within the scope of employment. This provision ensures clarity in determining ownership and acknowledges the importance of recognizing individual creators for their intellectual contributions.

3. Civil and Criminal Remedies: In matters of infringement, Section 55 provides civil remedies that empower copyright holders. These remedies include seeking damages, injunctions to stop unauthorized use, account interpretation to assess financial implications, and the delivery of infringing copies. Simultaneously, Section 63 establishes criminal penalties, incorporating fines and imprisonment, creating a robust legal framework to deter and penalize copyright violations.

4. Creation of Copyright Office and Board (Section 9): Section 9 establishes essential administrative structures within the copyright framework. The Copyright Office, managed by the Registrar, facilitates the registration of works, providing creators with a formal process to assert their rights. Additionally, the Copyright Board is instituted for effective dispute resolution, ensuring a fair and impartial mechanism for resolving conflicts related to copyright.

5. Duration of Protection: The Act, as outlined in Section 2, ensures a lengthy duration of copyright protection. Copyright endures for the author’s lifetime and an additional sixty years posthumously, safeguarding the economic and moral rights of creators and their heirs.

6. Fair Dealing Provisions: Section 2 introduces fair dealing provisions, allowing specific uses without seeking permission from copyright holders. This includes activities such as research, private study, criticism, review, and reporting current events, striking a balance between protecting intellectual property and fostering the free exchange of ideas.

7. Special Provisions for Software: Acknowledging the unique nature of software, Section 2 includes specific provisions for its protection through rental or licensing arrangements. This reflects an understanding of the evolving dynamics of the digital landscape and the importance of safeguarding intellectual property in the realm of technology.

8. Rights of Broadcasting Organizations and Performers: The amendments introduced in 2012, incorporated into Section 2, underscore the Act’s adaptability to contemporary changes. These amendments specifically address the rights of broadcasting organizations and performers, recognizing the significance of protecting their contributions in an ever-evolving media and entertainment landscape. This forward-thinking approach ensures that the Act remains relevant and effective in the face of technological advancements.

Subject Matter of Copyright

1. Original Musical Work: Original musical works involve the composition of music, potentially incorporating graphical notations. Excluded are works intended for singing, speaking, or performing with music. The 2012 Amendment introduced statutory licenses for cover versions, allowing specific adaptations of existing musical works. It’s noteworthy that a song typically comprises both literary and musical elements, with distinct rights possibly owned by different individuals.

2. Original Artistic Work: Original artistic works, as defined in the Copyright Act, include diverse creative expressions such as sculptures, drawings, paintings, and photographs. Unlike other categories, artistic quality is not a prerequisite for copyright protection. Authorship of an artistic work lies with the creator, with specific considerations for works of artistic craftsmanship and architectural creations.

3. Original Dramatic Work: An original dramatic work encompasses various forms, including recitations, choreography, and non-verbal expressions of entertainment. The author of a dramatic work is responsible for crafting characters, plot, and dialogue, whether expressed in written form or other mediums. The principles applicable to literary works extend to dramatic works, highlighting the interrelationships between these categories.

5. Cinematography Films: Cinematography films encompass visual recordings capturing moving images, potentially accompanied by sound recordings. Producers in cinematography are credited with authorship, overseeing the creative and financial aspects of film production. This category extends to works created through processes akin to cinematography, such as video films.

6. Original Literary Work: Original literary works span a wide range of written expressions, including novels, poems, plays, essays, and computer programs. To qualify for copyright protection, a literary work must showcase originality and intellectual effort. The author, responsible for creating the literary work, enjoys exclusive control over both published and unpublished creations.

7. Sound Recordings: Sound recordings involve the recorded representation of sounds that can be reproduced, encompassing music, vocals, or other audio elements. Within copyright, the individual responsible for the recording process is typically acknowledged as the author of the sound recording, highlighting the unique creative aspects of capturing and reproducing audio elements.

Rights of the Copyright Holder 

1. Reproduction Right: The Reproduction Right, outlined in Section 106(1), bestows upon the copyright owner the exclusive privilege to duplicate the copyrighted work in copies or phonorecords. This integral right grants meticulous control to the copyright owner over the replication of their work, regulating the making of copies and ensuring that they retain authority over the reproduction process.

2. Right to Prepare Derivative Works: The Right to Prepare Derivative Works, articulated in Section 106(2), confers upon the copyright owner the authority to create adaptations or modifications based on the copyrighted work. This significant right empowers the copyright owner to exercise control over the development of derivative works, emphasizing their influence on the evolution of the original creation.

3. Distribution Right: The Distribution Right, specified in Section 106(3), provides the copyright holder with the exclusive right to distribute copies or phonorecords of the copyrighted work to the public through sale, rental, lease, or lending. This right enables the copyright owner to meticulously manage how their work is made available to the public, preserving their control over the distribution process.

4. Public Performance Right: The Public Performance Right, as delineated in Section 106(4), grants the copyright owner the right, in specific instances, to publicly perform literary, musical, dramatic, and other works. This right comes into play when works are presented in public venues or transmitted to the public, safeguarding the artistic integrity of the work in public settings.

5. Public Display Right: The Public Display Right, defined in Section 106(5), confers upon the copyright holder the right to publicly exhibit literary, musical, dramatic, and other works. This right empowers the copyright owner to control how their works are visually presented in public spaces or transmitted to the public, ensuring alignment with the creator’s vision.

6. Right to Perform Sound Recordings Publicly: The Right to Perform Sound Recordings Publicly, articulated in Section 106(6), is an exclusive privilege for sound recording owners. This right allows them to publicly perform their works through digital audio transmission. It stands apart from other performance rights, recognizing the distinctive nature of sound recordings in the realm of public performance. This emphasizes the need to acknowledge and safeguard the specific rights associated with audio content.

What are Infringement Remedies under Copyright Act, 1957?

A. Civil Remedies for Copyright Infringement

1. Interlocutory Injunctions: Interlocutory Injunctions serve as powerful tools to halt infringing activities temporarily during the legal proceedings. This remedy provides the copyright owner with swift relief by preventing further damage or dissemination of their copyrighted material until the case reaches a final resolution.

2. Anton Piller Orders: Anton Piller Orders authorize the entry into the premises of defendants to preserve crucial evidence related to copyright infringement. This measure is crucial for ensuring the integrity of evidence, especially in situations where there is a risk of evidence being destroyed or concealed.

3. Norwich Pharmacal Order: The Norwich Pharmacal Order proves invaluable in copyright cases by allowing the copyright owner to obtain information about the sources of infringement. This order facilitates the identification of parties involved, aiding in building a strong case against copyright violators.

4. Account of Profits: The Account of Profits remedy empowers the copyright owner to claim not only damages but also the profits gained by the infringer through unauthorized use. This comprehensive remedy aims to both compensate the copyright owner and deter potential infringers by hitting them economically.

5. Compensatory Damages: Compensatory damages go beyond merely reimbursing the copyright owner for financial losses; they aim to restore the copyright owner to the position they would have been in had the infringement not occurred. This remedy ensures that the infringer bears the full weight of the economic consequences of their actions.

6. Conversion Damages: Conversion damages are calculated based on the value of the copyrighted work used without authorization. This nuanced remedy considers the economic impact of the unauthorized use, providing a fair and equitable means of compensation for the copyright owner.

B. Criminal Remedies for Copyright Infringement

1. Imprisonment: The possibility of imprisonment for up to three years, though not less than six months, underscores the severity of copyright infringement. This criminal remedy serves as a deterrent, emphasizing the gravity of serious copyright violations and the potential legal consequences.

2. Fine: Fines, ranging from ₹50,000 to ₹2,00,000, act as a punitive measure against copyright infringers. The imposition of fines not only penalizes the wrongdoer but also contributes to the financial restitution of the copyright owner and serves as a deterrent against future violations.

3. Seizure of Infringing Goods: The criminal remedy of seizing infringing goods involves a comprehensive search and seizure operation to remove unauthorized copies from circulation. This measure is critical to preventing the continued dissemination of infringing materials on the market.

4. Delivery of Counterfeit Goods: The legal provision requiring the delivery of counterfeit goods compels infringers to return unauthorized copies to the copyright owner. This remedy aims to eliminate the presence of counterfeit materials on the market and restore control over copyrighted work.

C. Administrative Remedies for Copyright Infringement

1. Import Restrictions: Import restrictions serve as preemptive measures by prohibiting the entry of goods that infringe on copyrights. This administrative remedy prevents the influx of unauthorized copies into the market, protecting the rights of copyright owners from the outset.

2. Confiscation of Infringing Materials: The Confiscation of Infringing Materials empowers copyright owners to retrieve confiscated copies, ensuring the removal of unauthorized works from circulation. This administrative remedy supports the enforcement of copyright protection, maintaining the integrity of intellectual property rights.

Exceptions to Copyright Infringement

1. Private or Personal Use: Section 52 of the Copyright Act of 1957 introduces the concept of fair dealing, allowing individuals to engage in fair dealing with any work (excluding computer programs) for personal use, including research. This provision recognizes the importance of individual access to and use of copyrighted material within the bounds of personal consumption.

2. Criticism or Review: Fair dealing under Section 52 extends to the realm of criticism or review, permitting individuals to engage with a work to provide critiques or reviews. This exception acknowledges the vital role of commentary and evaluation in the intellectual discourse surrounding creative works.

3. Reporting of Current Events: Section 52 recognizes the significance of the media and journalism by allowing fair dealing with a work for reporting current events and affairs, encompassing activities such as news reporting and coverage of public lectures. This exception ensures that the dissemination of information remains unimpeded.

4. Educational Purposes: Fair dealing is expressly granted for educational purposes under Section 52, allowing the use of copyrighted works in the context of teaching and instruction. This provision facilitates the dissemination of knowledge within educational institutions while maintaining a balance between the rights of copyright owners and the needs of the academic community.

Conclusion 

The Copyright Act 1957 is a cornerstone in India’s legal landscape, providing a comprehensive framework for safeguarding intellectual property. With a broad scope covering various creative works, ownership clarity, and robust remedies for infringement, the Act ensures fair recognition and compensation for creators. The Act’s detailed definition of protected works and delineation of copyright holders’ rights exhibit a nuanced understanding of creative content. Civil and criminal remedies, along with exceptions for private use, criticism, and education, further highlight its balanced approach to protecting intellectual property while fostering innovation. Ultimately, the Act remains crucial in maintaining a dynamic environment for creativity within legal boundaries.

Copyright Act, 1957- FAQs 

What does the Copyright Act of 1957 protect?

The Copyright Act 1957 safeguards original literary, dramatic, musical, and artistic works, as well as cinematographed films and sound recordings, preventing unauthorized use. 

What falls under the subject matter of Copyright?

Subject to the Act’s provisions, copyright includes original dramatic, musical, literary, and artistic works, along with sound recordings and cinematograph films in India.

Who will be the first owner of Copyright?

The author of the work is the initial owner. In cases where the author is employed under a contract of service, the proprietor becomes the first owner in the absence of an agreement to the contrary for literary, dramatic, or artistic works.

Is the 1957 Copyright Act bailable?

According to Part II, an offense punishable with imprisonment for less than 3 years or with a fine is non-cognizable and bailable. If the punishment involves imprisonment for 3 years and upwards but not exceeding 7 years, the offense is cognizable and non-bailable.