History of Copyright LawINTRODUCTION TO COPYRIGHT Copyright law in India is governed by the Copyright Act, 1957, which has been amended six times, with the last amendment in 2012. It is a comprehensive statute providing for copyright, moral rights (known as author’s special rights) and neighbouring rights (rights of broadcasting organisations, performers). The Act provides for exhaustive economic rights (copyright) in various works that are transferable. The Copyright Rules, 2013 came into force from 14 March 2013 and provide for the procedure to be adopted for relinquishment of copyright, compulsory licences, statutory licences, voluntary licences, registration of copyright "societies, membership and administration of affairs of copyright societies and performers’ societies. | @STATUTE OF ANNE * Came into force on 10" April 1710 - world's first copyright law * It acknowledged the rights of authors of published work. * The purpose of the act was twofold: 1.To promote learning 2.To give the author protection against piracyMain rules of the Act 1. Author of a book not yet printed shall have the sole right of printing for 14 years and if after 14 years he is alive then additional 14 years. 2.Infringers would forfeit the infringing books found in their custody and shall pay half amount of the fine to the crown and the other half to the plaintiff. 3.No book shall be bought for infringement unless the title of the book has been entered before publication in the ‘Register Book' of the Stationer's Company.Berne Convention (1886) * Since the exploitation of works was not limited to a certain territory, the need for an international arrangement for the protection of works outside their original borders became increasingly acute. * Resolved by the adoption of the first two international treaties: The Paris Convention for the Protection of Industrial Property of 1883, and the Berne Convention for the Protection of Literary and Artistic Works of 1886. * Introduced the concept of “originality” as the defining threshold for the protected subject matter, thereby expanding the scope of exclusivity. * Works originating in one of the Member states must be protected in each of the member States in the same way that such States protect the work of their nationals; minimum levels of protection established by the Convention. + Minimum rights, which means that the laws of the Member States must provide th=THE COPYRIGHT ACT, 1911 * Other art such as music, painting or photographs were protected under legislation such as the Engraving Copyright Act 1734 and the Fine Arts Copyright Act 1862 * The 1911 Act consolidated all the acts into one and implemented the Berne Convention. Major features of this act are: 1. Extension of term of copyright to life and 50 years. 2.No need for prior registry in 'Register of Stationers’ to receive protection under the act. 3. Unpublished work is also entitled to protection 4, The act to include all form of arts such as literature, painting, music, photography etc.History of Copyright in India . Co pyright law entered India in 1847 through an enactment during the East iia Company’s regime. * The term of copyri ight was for the lifetime of the author plus seven years. But in no case could the total term of copyright exceed a period of forty-two years. * The government could grant a compulsory licence to publish a book if the owner of the copyright, upon the death of the author, refused to allow its publication. * The act of infringement consisted of a person’s unauthorized printing of a copyrighted work for (or as a part of the attempt of) “sale hire, or exportation”, or “for selling, publishing or exposing to sale or hire”. | gHistory of Copyright in India + In 1914, the then Indian legislature enacted a new Copyright Act. * Merely extended most portions of the United Kingdom Copyright Act of 1911 to India. + Few minor modifications — 1. First, it introduced criminal sanctions for copyright infringement (sections 7 to 12). Second, it modified the scope of the term of copyright; under section 4 the “sole right” of the author to “produce, reproduce perform; or publish a translation of the work shall subsist only for a period of ten years from the date of the first publication of the work.” NPresent Law The Copyright Act of 1957 came into force on the 21st of January, 1958 replacing the 1911 act. The Act besides amending the copyright law also introduced milestone changes such as provisions for setting up a Copyright Office under the control of Registrar of Copyright for registration of books and other works of art. It also established a Copyright Board to deal with the disputes relating to copyright. ee= As per Section 3 of the Evidence Act,1872 defined as, “evidence” means and includes: = All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence = All documents [including electronics record] produced for the inspection of the court; such documents are called documentary evidence. = The definition of Evidence given in this Act is very narrow because in this evidence comes before the court by two means only- = (a) The statement of witnesses. (oral evidence) = (2) Documents including electronic records. (documentary evidence)The definition of evidence under section 3 includes only statements of witnesses and documents produced. Therefore matters other than the statements of witnesses and documents produced for the inspection of the Court, e.g., A confession or statement of an accused person in the course of a trial, Statements made by parties when examined otherwise _than_as A statement recorded under section 164, Cr. P.C.(recording of confession and statement by magistrate) demeanour of witnesses, the result of local investigation or inspection, and material objects other than documents such as weapons, tools, stolen property, etc., are not “evidence” according to the definition given in the Act. These are, however, matters which the Court may legitimately take into consideration. The court can take judicial notice of the fact, which the court must or may pregume., , 5 6 6 ©= The definition of “evidence” must be read together with the definition of “proved” (sec 3); and the combined result of these two definitions in that “evidence”, as defined by the Act, is not the only medium of proof and that in addition to it, there are a number of other “matters” which the Court has to take into consideration when forming its conclusions.The IEA has been divided into 3 principal parts 8 «= PARTI = CHAPTER! -it deals with preliminary definitions (S1-4) = CHAPTERII—deals with relevancy of facts and shows in what way various relevant facts are connected with each other (5 5-55) PARTI CHAPTERIII —deals with certain facts that need not be proved (S56-58) CHAPTERIV — deals with oral evidence (S 59-60) CHAPTERV — deals with documentary evidence (S61-90) CHAPTERVI- deals with rules regarding exclusion of oral and documentary evidence (S 91-100) PARTIIL CHAPTER VII— deals with burden of proof and presumption (S101-114A) CHAPTER VIII— deals with estoppel (S115-117) CHAPTER IX — deals with witnesses who are competent to testify (S 118-134) CHAPTER X~ deals with examination of witnesses (S 135-166) rea — deals with effect of improper admission and rejection of evidence (S167)1. The Act is based on English Evidence Law with few exceptions. It is not uncommon for Courts to peek into English Evidence Law in case of doubt. 2. The Act is Lex Fori. 3. The Act is not applicable for domestic tribunals (such as Industrial Tribunal, Administrative Tribunal etc.) and non-judicial proceedings (such as Departmental inquiries, affidavits presented to a Court etc., proceedings under Defence Discipline Acts) 4. Tribunals do not follow Evidence because they have to followrules of natural justice. ° eeeeee= 7. Object of the Act is to get the truth of the several disputed facts or points in issue. Burden of proof is on the party claiming to prove the substance of the issue to the satisfaction of the court. = 8. Direct_and_ circumstantial evidence is given importance over Hearsay evidence. = g. No person is bound to incriminate himself. = 10. Some categories of witnesses are given protection and privilege.= The law of evidence applies to both the civil and the criminal law. = There are 4 fundamental principles of the law of evidence. = 1. Evidence must be confined to the facts in issue = 2. Hearsay evidence must not be admitted. = 3. Best evidence must be given in all cases. = 4. The burden of proof generally rests on the person who positively asserts it. = Other principles «= 6s. Facts judicially noticeable need not be proved. 6. Facts admitted need not be proved.= Seca the Indian Evidence Act, 1872 came into force on Sep 1, 1872. It applies to the whole of India. = It applies to all judicial proceedings in or before a court, includin courts- martial (other than the courts martial held under specified Acts) = It'snot applicable to = Court martial convened under the Army Act, The Naval Discipline Actor the Indian Navy (Discipline) Act, 1934 and the Air Force Act. = Affidavits presented to any court or officer. = Proceedings before an arbitrator. = The provisions of this Act_are_not applicable to Departmental inquiries/domestic inquiries/commissions of inquires} administrative tribunals.Why evidence law is not applicable to affidavits and arbitrators? What evidence means and includes is described in section 3 of the Indian Evidence Act, but affidavits are not included _witl that definition. On the contrary, affidavits have been expressly excluded by section 1 of the Indian Evidence Act from the applicability of that Act. That means that affidavits cannot be used as evidence under any of the provisions of the Indian Evidence Act. Affidavits can however, be used as evidence, only under Order 19, of the Civil procedure Code. In accordance with Order 19, Rule 1, of the Civil Procedure Code, the Court has, for sufficient reasons, to pass an order that any particular fact or facts may be proved by affidavit. That would mean that affidavit evidence cannot be entertained unless the Court passes an order, for sufficient reasons, that_any particular fact or facts may be proved by affidavits. Arbitrators The Arbitrators are bound to conform to the rules of natural justice. They are unfettered by the technical rules of evidence. . eceeebe followed Court Martial The Act says that it applies to all judicial proceedings in or before a court, including courts- martial (other than the courts martial held under specified Acts). But it’s not applicable to Court martial convened under the Army Act, The Naval Discipline Act or the Indian Navy (Discipline) Act, 1934 and the Air Force Act. Departmental inquiry Evidence recorded in a departmental inquiry is not evidence in the strict sense of the word as per the provisions of the Evidence Act. The provisions of the Act are not applicable to departmental proceedings or inquiries; the reason is that the officers holdin: the inquiries do not posses the knowledge of law. However the common principles of proof and rules of natural justice have to + 2= Election Tribunal = Under section go, clause 3 of the Representation of Peoples Act, 1951, the provisions of the Indian Evidence Act_have been made applicable in_all respects, to the trial of an election petition subject to the provisions of the Representation of Peoples Act, 1951. = Administrative tribunals = Are not bound to follow the technical rules of evidence provided in this Act, but are required to follow only substantive rules which form part of the principles of natural justice. ° eeceee