INTRODUCTION:-

"An artistic, literary or musical work is the brainchild of the author, the fruit of his labour and so,
considered to be his property. So highly is it prized by all civilised nations that it is thought worthy of
protection by national laws and international conventions."1

Recognition of copyright in ancient times.

Something like copyright seems to have been recognised from earliest times.) "The Roman Law
adjudged that if one man wrote anything on the paper or parchment of another, the writing should
belong to the owner of the blank material, meaning thereby the mechanical operation of writing for
which it directed the scribe to receive the satisfaction: for in works of genius and invention, as in
painting on another man's canvas, the same law gave the canvas to the painter ........ There is still
another species of propertyand this is the right which an author may be supposed to have in his own
original literary compositions: so that no other person without his leave may publish or make profit
of the copies. When a man by the exertion of his rational powers has produced an original work, he
seems to have clearly a right to dispose of that identical work as he pleases and any attempt to vary
the disposition he has made of it appears to be an invasion of that right."2

Non-legal definition of copyright.

Copyright derives from the expression of "Copie of words", first used in the context, according to the
Oxford Dictionary in 1586. The word "copy" alone probably dates from circa . 1485 and was used to
connote a manuscript or other matter prepared for printing.3

The Oxford English Dictionary defines 'Copyright' as 'the exclusive right given by law for a certain
term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his
original. work. The Copyright Act affords protection to a much wider species of works. The scope of
protection is also wider.

Importance of Copyright Law-national and international.

There are many spheres in which the law of Copyright plays a part and the wide variety of acts which
may constitute infringement of copyright make this branch of law one which in a literate society
ought to be known to everyone.
Today Copyright serves a variety of industries including production and distribution of books,
magazines and newspapers (the information industry) media of entertainment, that is dramatic and
musical works for performances, publication of musical works and cinema, television and
broadcasting, (the entertainment industry) and industrial designs (manufacturing industry).

Copyright problems in some respects are international problems. Copyrights, being intellectual
property, travel from country to country more easily and quickly than other kinds of property.
Technological progress has made copying of copyright material easy and simple. Consequently the
control of copyright has become very difficult and often impossible. Books, recorded tapes, or video
cassettes of films can be taken from one countrytoanother without any difficulty and thousands of
copies made from it and distributed. Unauthorised home taping of radio and television programmes
have become common all over the world. Photocopying has made unauthorised copying of copyright
material simple and inexpensive.

International Conventions.

Copyright protection is granted only by the law of the country in which the work is created. If
Copyright does not get recognition in certain countries it will be impossible to prevent piracy of
copyright work in such countries. To meet this problem several countries joined together to form
conventions for securing some minimum protection on a reciprocal basis for works originating in a
member country in all the other member countries of the convention without any formality. To this
end the Berne Convention was formed in 1886. Additions and revisions were made to this from time
to time, the latest revision of which is the Berne Convention for the Protection of Literary and Artistic
Works (Paris Act 1971). Subsequently the Universal Copyright Convention (UCC) was formed in 1952
and later revised in 1971. Most of the developed countries and many developing countries are
members of this convention. India is a member of both these conventions. See CHAPTER 25 for
details.

General Principles of Copyright. The moral basis for protection under Copyright Law rests in the Eight
Commandments: "Thou Shall Not Steal".5 The law does not permit one to appropriate to himself
what has been produced by the labour, skill and capital of another.6 This is the very foundation and
philosophy of Copyright Law.

The general principles of copyright is reflected in article 27 of the Declaration of Human Rights:

"(1) Every one has the right freely to participate in the cultural life of the community, to enjoy the
arts and to share in scientific advancement and benefits.

(2) Every one has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author."

1.13 Copyright is one form of what is described today as "intellectual property".

1.14 "Copyright protection finds its justification in fair play. A person works and produces something.
The product of his skill and labour ought to belong to him (or possibly his employer). It has long been
recognised that only the original author of a book ought to have the right to re produce the book and
sell copies thus reproduced. If other people were free to do this they would be making a profit out of
the skill and labour of the original author. It is for this reason that the law has long given to authors
for a specified term certain exclusive rights in relation to socalled literary works. Such rights were
recognised at common law at least as early as the fifteenth century".7

1.15right The work object fromof an Copyright unlawful Law reproduction is to protect or
exploitation the author of of the his copy-work byothers. The long period of Copyright encourages
authors and artists to create works of literature, music and art.
Copyright protection is essential to encourage exploitation of Copyright workforthebenefitof the
public. Copyright is exploited by entrepreneurs like publishers, film producers or record producers to
whom the owner of Copyright assigns or licences the particular rights. If the entrepreneur is to
recover the capital invested and earn profiis he has to be protected from unauthorised
reproductions; otherwise a pirate would reproduce the workatafraction of the original cost of
production and undersell the producer. In the case of records and cinematograph films a pirate could
ruin the producer by his piracy. Without legal protection for a certain period no entrepreneur will
undertake publication of books or production

of records or films.
Some people have also objected to copyright protection. Macaulay for instance viewed copyright as
"a tax on readers for the purpose of giving a bounty to authors.8
1.16 History of Copyright. In ancient days creative writers, musicians and artists wrote, composed or
made their works for fame and recognition rather than to earn a living. The question of copyright
never arose because copying was a laborious and expensive process.
The importance of Copyright was recognised only after the invention of printing in the 15th century
which enabled the reproduction of books in large numbers practicable.
1.17 British Copyright Law. The development of Copyright Law in India being closely associated with
the British Copyright Law it is relevant to consider the history of Copyright Law in England.
The first Copyright Act in England which was in fact the first Copyright Act in the world9 was passed
in 1709 (8 Anne, C.19) called the "Statute of Anne' which provided that the author of any book
already printed will have the sole right of printing such book for a term of 21 years commencing from
10th April, 1710, and when not already printed, for a term of 14 years commencing from the date of
publication. After the expiry of this term the author will have another term of fourteen years for the
sole right of printing the book. The rights under the statute were neither restricted to British subjects
nor to books printed in the United Kingdom. In Donaldson v Beckett,10 the House of Lords held:

1.21 Indian Copyright Law. In India the first Copyright Act was passed in 1914. This was nothing but a
copy of the U.K. Copyright Act 1911 with suitable modifications to make it applicable to the then
British India. The next Act which is the current statute, was the Copyright Act 1957 which adopted
many of the principles and provisions contained in the U.K. Act of 1956, but which also introduced
many new provisions.
1.22 The objects and reasons for the new Act were stated in Parliament as follows: "The existing law
relating to Copyright is contained in the Copyright Act 1911, of the United Kingdom, as modified by
the Indian Copyright Act 1914. Apart from the fact that the United Kingdom Act does not fit in with
the changed constitutional status of India, it is necessary to enact an independent, self contained law
on the subject of copyright in the light of growing public consciousness, and the rights and
obligations of authors and in the light of experience gained in the working of the existing law during
the last 50 years. New and advanced means of communication like broadcasting, lithography etc.
also call for certain amendments in the existing law. Adequate provision has also to be made for
fulfilment of international obligations in the field of Copyright which India might expect. A complete
revision of the law of copyright, therefore, seems inevitable."
1.23 Copyright Act 1957. The Act of 1957 besides consolidating and amending the law relating to
Copyright, also introduced a number of changes and new provisions. The Act provides for the setting
up of a copyright office under the control of Registrar of Copyright, for the purpose of registration of
books and other works of art and for certain other functions. A body called Copyright Board was
created under the Act, authorised to deal with certain kinds of disputes pertaining to copyright. The
orders passed by the Registrar of Copyrights and the Copyright Board in certain matters are
appealable.

1.24came On Act 21st came The the passed The January into into Copyright same Copyright force
force two day 1958 on orders, on the Rules in the Act 21.1.1958. respect Central same S.R.O. of 1958
1957 date. of Government passed See No. International came See Appendix 271 under Appendix into
and under force S.R.O. S.R.O. Copyright. for for powers the on the No. No. text 21st text.conferred
These 272, 270 of January these dt. both orders 21.1.58by orders,1958datedalsothe

1.25 Main features of the Copyright Act 1957. The following are the main features of the Act of 1957:

(1) Creation of a Copyright Office and a Copyright Board to facilitate registration of Copyright and to
settle certain kinds of disputes arising under the Act and for compulsory licencing of Copyright.
(2) Definition of various categories of works in which Copyright subsists and the scope of the rights
conferred on the author under the Act.
(3) Provisions to determine the first ownership of Copyright in various categories of works.
(4) Term of Copyright for different categories of works.
(5) Provisions relating to transfer of ownership and licencing of copyright including compulsory
licencing in certain circumstances.
(6) Provisions relating to performing rights societies.
(7) Broadcasting rights.
(8) International Copyright.
9. Definition of infringement of copyright.
10. Exception to the exclusive right conferred on the author of acts which do not
constitute infringement
11. Civil and Criminal remedies against infringement.
(12) Remedies against groundless threat of legal proceedings.

1.26 Preamble. The preamble to the Act reads: "An Act to amend consolidate the law relating to
Copyright."14

1.27most rather right Words people, Act different have used e.g in from., a words Copyright
meaning, that like which arising Act. 'reproduction', would Many fromof probably definition the
'adaptation', words be andused given 'artisticin to the them The Copyright (Amendment) Act 1983
came into force on 9th August 1984.18
1.31 Copyright (Amendment) Act 1984. This Act introduced certain important amendments the
object of which is mainly to discourage and prevent the widespread piracy prevailing in Video films
and records. The following are the main provisions:
(1) Video films are henceforth deemed to be work produced by a process analogous to
cinematography-S. 2(f), Explanation.
(2) A definition of duplicating equipment introduced-S. 2(hh).
3. Computer programmes defined and considered as a literary work-S. 2(0).
4. Duplicating equipment considered as being included in the term 'Plate'-S. 2(t).
5. Import of infringing copy of cinematographic film or record for private and domestic
use of the importer, formerly allowed, now considered infringement. But import of two infringing
copies of other works formerly allowed, retained. S. 51(b) (iv) and proviso.
6. Certain particulars to be displayed on any published record or published video film-S.
52A- new section.
(7) The punishment for committing the offence of infringement of copyright substantially enhanced.
The term of imprisonment under the amended provision varies from six months to three years and
the fine from fifty thousand rupees to two lakh rupees. When the offence is repeated by the same
person punishment for the subsequent commissions are further enhanced-Ss. 63 and 63A.
(8) Police officers are given powers to seize without warrant copies of a work and instruments used
for making infringing copies of the work, wherever found, if the officer is satisfied that an
infringement of copyright has been committed or likely to be committed-S. 64.
9. Publication of a record or a video film which does not display the particulars required
under s. 52A is made an offence punishable with imprisonment and fine-S. 68A.
10.
11. Punishment for making or possessing instruments for the purpose of infringement of
copyright is enhanced-S. 65.
12. Infringement of copyright has been made an economic offence under the Economic
Offences (Inapplicability of Limitation) Act 1974.
The Copyright (Amendment) Act 1984 came into force with effect from 8th October, 1984.