UNIT-I: The Copyrights (Indian Copyright Act, 1957)

a. Introduction to Copyright Law

INTRODUCTION
In 1883, the importance of intellectual property was recognized for first time in the Paris Convention
for the Protection of Industrial Property followed by the Berne Convention for the Protection of
Literary and Artistic Works in 1886. Nowadays, the Universal Declaration of Human Rights, and to be
more specific Article 27, protects the intellectual property rights that a creator or an owner of a
patent or copyright has on his/her own work or investment (“What is intellectual property?” n.d.). It
is true to say that countries realized that intellectual property is a powerful tool for economic
development and social and cultural welfare. Furthermore, countries wanted to promote creativity
and invention especially when the interests of the innovator are the same as those of the public
interest. As a result, countries created laws to protect intellectual property. Moreover, each of us
should promote intellectual property rights because of the benefits we join. For example, with the
patent system an inventor of a new and highly effective drug for cancer will continue his/her
research in order to produce a better and more efficient product. The results of this invention will
benefit the members of the society with several ways. Patients will have more possibilities of being
cured and the inventor will be rewarded for his creativity. Intellectual property refers to the
intangible property, such as patents, copyrights, trademarks, and trade dress, which belong to a
person or a company. To be more specific, it refers to the creations of the mind like: symbols,
inventions, artistic works, literary, and images (“Introduction to intellectual property: theory and
practice” (1997).
In India the first Copyright Act was passed in 1914. It was a replica of the English Copyright Act of
1911. The Act, presently in force was legislated i n t h e y e a r 1 9 5 7 a n d i s k n o w n a s
C o p y r i g h t A c t , 1 9 5 7 , a s a m e n d e d b y Copyright (Amendment) Act, 1999.
Consequent upon India signing the GATT and entering the global market economy, a number of
changes have been made in the Copyright Act of 1957 by the Amending Act of 1999, to
give eff ect to the obligations arising from the signing of the GATT and to make Indian Law more in
line with the present law in many developed countries.

b. Brief Introduction to related International Treaties and Conventions

c. Subject Matter of Copyright, Economic and Moral Rights (ss2,13,14,15,16,

57)

d. Authorship and Ownership (s17), Term of Copyright and Assignment-

Licensing (ss18-31)

e. Infringement and Remedies (ss50-61)

f. Exceptions: Fair Dealing

g. International Copyright Order (ss40-41)

h. Issues in Digital Copyrights