Copyright in India is governed by the 1957 Indian Copyright Act which protects creative

works40 which are the products of human creativity such as books, paintings, films,
music and dramatic works (provided they meet certain specified criteria such as
‘originality’),41 as well as some broadcasts (through the broadcast reproduction right)42
and live performances (through the performer’s right).43 The statute does not protect ‘art’ per se
— as far as ‘works’ are concerned, the 1957 Indian Copyright Act protects original literary, 44 dramatic,45
musical,46 and artistic works, as well as non infringing cinematograph films 47 and sound recordings48 both
of which are also considered to be protectable works. 49 If a work of art happens to fall into any of these
categories of protectable content, it is protected by the
statute.
Even so, ‘artistic works’ which are often considered to be synonymous with ‘art’ (although art may also
fall well beyond the scope of artistic works) are separately defined in Section 2(c) of the 1957 Indian
Copyright Act.
40 1957 Copyright Act, Section 2(y): In this Act, unless the context otherwise requires, [....]
‘work’ means any of the following works, namely: (i) a literary, dramatic, musical or artistic
work; (ii) a cinematograph film; (iii) a sound recording. — In addition to works, the statute
also protects live performances and accords to broadcast organisations a ‘broadcast
reproduction right’. Neither of them is considered to be a ‘work’ in terms of the statute
though.
41 The criteria which works must meet to be accorded copyright protection vary slightly
depending on the nature of the work.
42 1957 Copyright Act, Section 2(dd): In this Act, unless the context otherwise requires, [....]
‘broadcast’ means communication to the public (i) by any means of wireless diffusion,
whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire,
and includes a re-broadcast; Section 37 (in relevant part): Broadcast reproduction right. (1)
Every broadcasting organisation shall have a special right to be known as “broadcast
reproduction right” in respect of its broadcasts. (2) The broadcast reproduction right shall
subsist until twenty-five years from the beginning of the calendar year next following the
year in which the broadcast is made.

43 1957 Copyright Act, Section 2(q): In this Act, unless the context otherwise requires, [....]
‘performance’, in relation to performer’s right, means any visual or acoustic presentation
made live by one or more performers; Section 38: Performer’s right. (1) Where any
performer appears or engages in any performance, he shall have a special right to be
known as the “performer’s right” in relation to such performance. (2) The performer’s
right shall subsist until fifty years from the beginning of the calendar year next following
the year in which the performance is made.
44 1957 Copyright Act, Section 2(o): In this Act, unless the context otherwise requires, [....]
‘literary work’ includes computer programmes, tables and compilations including computer
literary data bases.
45 1957 Copyright Act, Section 2(h): In this Act, unless the context otherwise requires, [....]
‘dramatic work’ includes any piece for recitation, choreographic work or entertainment in
dumb show, the scenic arrangement or acting form of which is fixed in writing or
otherwise but does not include a cinematograph film.
46 1957 Copyright Act, Section 2(p): In this Act, unless the context otherwise requires, [....]
‘musical work’ means a work consisting of music and includes any graphical notation of
such work but does not include any words or any action intended to be sung, spoken or
performed with the music.
47 1957 Copyright Act, Section 2(o): In this Act, unless the context otherwise requires, [....]
‘cinematograph film’ means any work of visual recording produced through a process
from which a moving image may be and includes a sound recording accompanying such
visual recording and “cinematograph” shall be construed as including any work produced
by any process analogous to cinematography including video films.
48 1957 Copyright Act, Section 2(xx): In this Act, unless the context otherwise requires, [....]
‘sound recording’ means a recording of sounds from which such sounds may be produced
regardless of the medium on which such recording is the method by which the sounds are
produced.
49 1957 Copyright Act, Section 2(y): In this Act, unless the context otherwise requires, [....]
‘work’ means any of the following works, namely: (i) a literary, dramatic, musical or artistic
work; (ii) a cinematograph film; (iii) a sound recording.

The violation of section 31D amounts to infringement of copyright. The Calcutta High Court in the case of
Saregama Ltd vs. The New Digital Media & Ors.11 issued injunction against the defendant after analyzing
the fact that the agreement under section 31 D was enforceable and was not a dead agreement. Thus,
non-payment of royalty by the defendants leads to violation of agreement as well as section 31D. It is
pertinent to note that the Court did not grant any injunction with respect to those sound recording which
was being used by the defendants without paying any royalty, as the concerned agreement has expired
due to lapse of time, thus, such use of work was not considered as an injunction. However, the Court
granted a monetary remedy to the owner of copyright because his work having exclusive right was being
used by other party. The Court observed that provisions of section 31 D merely require royalties to be
paid to the owner of the work as prescribed by the Copyright Board, the same is a statutory license. As
such, for breach of copyright, there can be no order of injunction only monetary claim as recognized by
rules 29 – 31 of the Copyright Rules 2013.