Introduction to Copyright Law

Copyright law is a legal framework that grants creators exclusive rights to their original works
of authorship, ensuring they have control over the use and distribution of their creations. It's
designed to incentivize creativity and innovation by providing creators with protection for their
intellectual property.

Nature of Copyright: Copyright protects original works of authorship fixed in any tangible
medium of expression. This can include literary works, musical compositions, artistic
creations, and other forms of creative expression.

Rights Granted: Copyright grants creators several exclusive rights, including the rights to
reproduce the work, distribute copies, perform the work publicly, display the work publicly,
and create derivative works based on the original.

Duration of Copyright: Copyright protection typically lasts for the life of the author plus an
additional period of time, often 70 years after the author's death. For works created by multiple
authors or works made for hire, the duration may be different.

Automatic Protection: Copyright protection is automatic upon the creation of a work; there's
no requirement to register the work with a government office or to include a copyright notice
(though doing so can provide certain legal benefits).

Fair Use: Fair use is a doctrine within copyright law that allows for the limited use of
copyrighted material without permission from the copyright owner. Fair use is determined on
a case-by-case basis and considers factors such as the purpose of the use, the nature of the
copyrighted work, the amount used, and the effect on the potential market for the original work.

Public Domain: Works that are not protected by copyright are said to be in the public domain.
This includes works whose copyright has expired, works created by the government, and works
that have been explicitly dedicated to the public domain by their creators.

International Treaties: Copyright law is governed by international treaties such as the Berne
Convention and the WIPO Copyright Treaty, which establish minimum standards of protection
for copyright holders across participating countries.

Digital Copyright Issues: With the rise of digital technology, copyright law faces new
challenges related to digital reproduction, distribution, and access. Issues such as online piracy,
digital rights management, and the legality of file-sharing platforms are areas of ongoing debate
and legal development.

INTERNATIONAL TREATIES AND CONVENTIONS

OF COPYRIGHT LAW GLOBALLY
Berne Convention: One of the oldest and most important treaties, the Berne Convention for the
Protection of Literary and Artistic Works sets minimum standards for copyright protection
among its member countries. It establishes the principle of "national treatment," meaning that
each member country must provide the same level of protection to works of authors from other
member countries as it provides to its own authors.

WIPO Copyright Treaty (WCT): The World Intellectual Property Organization (WIPO)
Copyright Treaty is an international treaty administered by WIPO. It addresses copyright
protection in the digital environment, emphasizing the protection of digital works and the rights
of authors and creators in the digital era. It complements the provisions of the Berne
Convention.

WIPO Performances and Phonograms Treaty (WPPT): Another treaty administered by WIPO,
the WPPT focuses specifically on the protection of the rights of performers and producers of
phonograms (sound recordings). It grants performers certain rights regarding their
performances and producers certain rights regarding their phonograms.

TRIPS Agreement: The Agreement on Trade-Related Aspects of Intellectual Property Rights

(TRIPS) is an international treaty administered by the World Trade Organization (WTO). It sets
down minimum standards for the regulation of various forms of intellectual property, including
copyright, among member countries.

Rome Convention: The International Convention for the Protection of Performers, Producers
of Phonograms and Broadcasting Organizations, commonly known as the Rome Convention,
provides protection for the rights of performers, producers of phonograms, and broadcasting
organizations. It complements the Berne Convention and primarily focuses on related rights
rather than copyright itself.

Marrakesh Treaty: The Marrakesh Treaty to Facilitate Access to Published Works for Persons
Who Are Blind, Visually Impaired, or Otherwise Print Disabled addresses the issue of access
to copyrighted works for persons with print disabilities. It aims to make published works more
accessible to this community by allowing for the creation and distribution of accessible format
copies without requiring permission from copyright holders.

SUBJECT MATTER OF COPYRIGHT (SECTION 2)

Section 2 of the Copyright Act typically defines the subject matter of copyright. It enumerates
the types of creative works that are eligible for copyright protection. While specific definitions
may vary depending on the jurisdiction, common subject matters of copyright include:

- Literary works: This encompasses a wide range of written works, including novels, poems,
essays, articles, and computer programs.

- Musical works: This includes compositions, scores, and any musical arrangements.

- Artistic works: This category covers visual arts such as paintings, drawings, sculptures,
photographs, and architectural designs.

- Dramatic works: This includes plays, scripts, screenplays, and choreographic works.

- Cinematographic works: These are audiovisual works, including films, videos, and
animations.

- Sound recordings: This pertains to the fixation of sounds, such as music, speeches, or other
auditory performances.

Economic Rights (Sections 13, 14, 15, 16)

- Reproduction right (Section 13): The exclusive right to reproduce the copyrighted work in
various forms, such as printing copies, recording audio, or duplicating digital files.

- Distribution right (Section 14): The exclusive right to distribute copies of the work to the
public through sale, rental, lease, or lending.

- Rental right (Section 15): The exclusive right to authorize or prohibit the commercial rental
of copies of certain types of works, particularly computer programs and cinematographic
works.

- Communication to the public right (Section 16): The exclusive right to communicate the work
to the public by any means, including broadcasting, public performance, or making the work
available online.
These economic rights empower copyright holders to monetize their creations by licensing or
selling their works and controlling how they are disseminated and used in the marketplace.

Moral Rights (Section 57)

Section 57 of the Copyright Act typically addresses moral rights, which are distinct from
economic rights and focus on protecting the non-economic interests and reputations of creators.
Moral rights typically include:

- Right of attribution: The right to be identified as the author or creator of the work. This
includes the right to have one's name associated with the work and prevents others from falsely
attributing authorship.

- Right of integrity: The right to object to any distortion, mutilation, or modification of the
work that could prejudice the creator's honor or reputation. This ensures that creators maintain
control over the integrity of their works even after they have been published or disseminated.

- Right against false attribution: The right to object to the attribution of a work to someone else
in a manner that would damage the creator's reputation.

These moral rights provide creators with a degree of control over how their works are presented
to the public and safeguard their artistic integrity and reputation.

AUTHORSHIP AND OWNERSHIP (S17)

Authorship:

Authorship refers to the individual or individuals who create a copyrightable work. In most
copyright laws, including those that follow the Berne Convention, the author is typically the
initial owner of the copyright. Here are some key points regarding authorship:

Definition of Author: The Copyright Act defines an author as the person who creates the work.
This could be an individual or a group of individuals collaborating on the creation of a work.

Originality Requirement: To qualify as an author, an individual must contribute original

creative expression to the work. Originality implies that the work is independently created and
not merely a copy of pre-existing material.
Nature of Contribution: The level of contribution required for authorship may vary depending
on the type of work. For instance, in a collaborative musical composition, each composer may
be considered an author if they contribute original musical elements to the piece.

Works Made for Hire: In some cases, the authorship of a work may be attributed to an employer
or entity rather than the individual creator. This typically occurs in situations where the work
is created within the scope of employment or under a contract specifying that the work is made
for hire.

Ownership:

Ownership refers to the legal rights and control vested in the copyright of a work. It determines
who has the authority to exploit the economic rights associated with the work and who holds
the moral rights.

Initial Ownership: Generally, the initial ownership of copyright rests with the author or authors
of the work. This principle reflects the idea that creators should have control over their creations
and be entitled to the benefits derived from them.

Exceptions to Initial Ownership: There are exceptions to the rule of initial ownership by the
author, such as works made for hire or commissioned works. In these cases, the employer or
commissioning party may be considered the owner of the copyright.

Transfer of Ownership: Copyright ownership can be transferred or assigned by the author to

another party through a written agreement. This transfer typically involves the assignment of
some or all of the copyright holder's exclusive rights to the transferee.

Licenses: Alternatively, copyright owners may grant licenses to third parties, allowing them to
use the work under specified conditions without transferring ownership. Licenses can be
exclusive or non-exclusive and may be limited in scope or duration.

Moral Rights: While economic rights can be transferred or licensed, moral rights generally
remain with the author even if ownership of the economic rights changes hands. Moral rights
are considered inalienable and non-transferable, meaning they cannot be assigned to another
party.

The Copyright Act typically contains various terms related to the duration and conditions of
copyright protection. Here's an explanation of these terms section-wise:
 TERM OF COPYRIGHT (SECTION 22)
Section 22 typically outlines the duration of copyright protection for different categories of
works. The term of copyright varies depending on factors such as the type of work and the
jurisdiction. Here are some common terms:

Literary, musical, and artistic works: Copyright protection generally lasts for the lifetime of the
author plus an additional period, often 60 years after the author's death.

Anonymous and pseudonymous works: If the author's identity is unknown or uses a

pseudonym, the copyright term typically extends for 60 years from the date of first publication
or creation, whichever is shorter.

Cinematograph films and sound recordings: Copyright protection for these works typically
lasts for 60 years from the date of publication or creation, whichever is shorter.

Extension of Copyright in Case of Certain Works (Section 25)

Section 25 typically deals with the extension of copyright for certain types of works. It may
provide for an extended term of protection in cases where a work has not been published or
made available to the public within a specified period after its creation. This extension is often
intended to ensure that authors or their heirs have sufficient time to exploit their works
commercially.

Term of Copyright in Case of Broadcasts (Section 37)

Section 37 typically specifies the duration of copyright protection for broadcasts. In many
jurisdictions, the term of protection for broadcasts is shorter than for other types of works. It
may range from 25 years from the date of the broadcast.

Duration of Copyright in Performers' Rights (Section 38)

Section 38 typically addresses the duration of copyright protection for performers' rights.
Performers' rights refer to the rights of actors, musicians, and other performers in their
performances. The duration of protection for performers' rights 50 years depending on the
jurisdiction but is generally shorter than for other types of works.

Term of Copyright in Works of Government (Section 52)

Section 52 typically addresses the duration of copyright protection for works created by the
government or its agencies. In many jurisdictions, works created by the government are often
subject to shorter copyright terms or may even be ineligible for copyright protection altogether.

Calculation of Term of Copyright (Section 55)

Section 55 typically provides rules for calculating the duration of copyright protection. It may
specify factors such as the date of publication, the date of creation, and the death of the author
for determining the duration of copyright in different situations.

Assignment & Licensing

Assignment refers to the complete transfer of ownership of one or more copyright rights from
the copyright holder (assignor) to another party (assignee). The assignee then becomes the new
owner of the rights, with the ability to exploit them as they see fit. Here's how it works:

Transfer of Ownership: Through an assignment, the assignor relinquishes their rights to the
assignee, effectively transferring ownership of those rights. This transfer is typically
accomplished through a written agreement, known as an assignment agreement.

Scope of Assignment: The assignment agreement specifies the specific rights being transferred,
the duration of the transfer (if temporary), and any other relevant terms and conditions. It can
cover all of the copyright holder's rights or only specific rights, such as reproduction,
distribution, or adaptation rights.

Effect of Assignment: Once the assignment is complete, the assignee gains full control over the
assigned rights. They can exercise those rights without seeking further permission from the
original copyright holder.

Registration: While registration of assignment agreements may not be mandatory in all

jurisdictions, it can provide evidence of the transfer and may be necessary for legal enforcement
in case of disputes.

Licensing allows the copyright holder (licensor) to grant permission to another party (licensee)
to use the copyrighted work under certain conditions, while retaining ownership of the
copyright. Licensing agreements define the terms of use, limitations, and royalties or fees, if
any, payable to the copyright holder. Here's how it works:
Grant of Permission: The licensor grants the licensee the right to use the copyrighted work
according to the terms and conditions specified in the license agreement. This permission may
be exclusive or non-exclusive.

Scope of License: The license agreement outlines the scope of the licensed rights, such as the
specific uses allowed (e.g., reproduction, distribution, public performance) and any restrictions
or limitations.

Royalties or Fees: Licensing agreements may involve payment of royalties or license fees from
the licensee to the licensor, either as a one-time payment or based on usage or sales of the
licensed work.

Duration of License: The license agreement specifies the duration of the license, whether it is
for a fixed term or ongoing, and any conditions for renewal or termination.

Infringement and Remedies (ss50-61)

Infringement under the copyright act occurs when someone violates the exclusive rights
granted to the copyright holder without their permission. This violation can take various forms,
including reproduction, distribution, public performance, or adaptation of the copyrighted
work.

Reproduction: Reproduction infringement occurs when someone makes a copy of all or a

substantial part of a copyrighted work without authorization. This can include photocopying,
scanning, printing, or duplicating digital files.

Ex: Scanning and uploading chapters from a book to a website without the permission of the
copyright holder would constitute reproduction infringement.

Distribution: Distribution infringement occurs when someone distributes copies of a

copyrighted work to the public without authorization. This can involve selling, renting, lending,
or otherwise making the work available to others.

Ex: Selling counterfeit DVDs or distributing pirated copies of software without the permission
of the copyright owner would constitute distribution infringement.

Public Performance: Public performance infringement occurs when someone publicly

performs a copyrighted work, such as playing music or screening a film, without authorization.
This can include performances in venues such as theaters, concert halls, or public spaces.
Ex: Playing copyrighted songs at a public event or screening a movie in a theater without
obtaining the necessary licenses from the copyright holders would constitute public
performance infringement.

Adaptation: Adaptation infringement occurs when someone creates a derivative work based on
a copyrighted work without authorization. This can involve modifying, translating, or
otherwise transforming the original work into a new form.

Ex: Creating a sequel to a novel or making a film adaptation of a book without obtaining the
necessary rights from the original author would constitute adaptation infringement.

Fair Use: Exception: It's important to note that certain uses of copyrighted works may be
considered fair use, which is an exception to copyright infringement. Fair use allows for limited
and transformative uses of copyrighted works for purposes such as criticism, commentary,
news reporting, teaching, or research.

Ex: Quoting excerpts from a book for the purpose of a book review or using copyrighted
images in an educational presentation may be considered fair use under certain circumstances.

Legal Consequences:

Infringement of copyright can lead to legal consequences, including civil remedies such as
injunctions, damages, and account of profits, as well as criminal penalties such as fines and
imprisonment. Copyright holders have the right to enforce their exclusive rights and take legal
action against individuals or entities that infringe upon their copyrights.

Civil Remedies

Injunctions (Section 50):

An injunction is a court order that prohibits a party from engaging in certain actions or
behaviors. In copyright infringement cases, an injunction may be sought by the copyright
holder to prevent further unauthorized use or dissemination of their copyrighted work. The
purpose of obtaining an injunction is to stop the infringing activity and prevent further harm to
the copyright holder's rights. It can be a powerful tool for halting ongoing infringement and
protecting the integrity and market value of the copyrighted work.

Damages or Account of Profits (Section 51)

Copyright holders may be entitled to claim damages from infringers for the harm caused by
the infringement. Damages typically aim to compensate the copyright holder for financial
losses suffered as a result of the infringement.

Account of Profits Alternatively, copyright holders may seek an account of profits, where the
infringer is required to surrender any profits made from the infringing activity. This remedy
aims to deprive the infringer of any unjust enrichment resulting from the infringement.

Additional Damages (Section 52):

Additional damages may be awarded by the court in cases of willful infringement or flagrant
disregard for copyright law. These damages are intended to deter future infringement and
punish the infringing party for their misconduct.

Conversion of Infringing Copies (Section 53):

Conversion refers to the legal remedy of requiring the infringing copies of a copyrighted work
to be delivered to the copyright holder or destroyed. This remedy aims to prevent further
distribution of the infringing copies and protect the market for legitimate copies of the work.

Criminal Remedies

Offenses and Penalties (Sections 55-61):

Copyright infringement may constitute a criminal offense under the Copyright Act. Sections
55 to 61 typically outline various offenses related to copyright infringement and the
corresponding penalties for individuals or entities found guilty of these offenses.

Penalties for copyright offenses may include fines, imprisonment, or both, depending on the
severity of the infringement and other factors. Criminal prosecution may be pursued in cases
of willful or commercial-scale infringement.

Other Remedies:

Seizure and Detention of Infringing Copies (Section 54): This remedy allows copyright holders
or authorized representatives to request the seizure and detention of infringing copies of their
works by law enforcement authorities. It aims to prevent further distribution of the infringing
copies and facilitate enforcement of copyright law.

Exceptions: Fair Dealing

Fair dealing is a legal doctrine that provides exceptions to copyright infringement in certain
circumstances where the use of copyrighted material is considered fair and reasonable. Fair
dealing allows for the use of copyrighted works without the permission of the copyright owner
for purposes such as criticism, review, news reporting, research, private study, education, satire,
or parody. However, the specific conditions and limitations of fair dealing can vary depending
on the jurisdiction and the particular context of the use.

Purpose and Intent

Criticism and Review: Fair dealing allows for the use of copyrighted works to critique or
evaluate them. This includes quoting excerpts from a book or film to provide commentary or
analysis.

Research and Private Study: Fair dealing permits the use of copyrighted works for research or
private study purposes. This may involve copying excerpts from academic journals or books
for scholarly research.

News Reporting: Fair dealing allows for the use of copyrighted material in news reporting or
journalism. This includes using photographs, videos, or quotes from copyrighted sources in
news articles or broadcasts.

Education: Fair dealing permits the use of copyrighted works for educational purposes. This
may include copying excerpts from textbooks or showing copyrighted films in the classroom.

Satire and Parody: Fair dealing allows for the use of copyrighted material for the purpose of
creating satire or parody. This includes using copyrighted works in humorous or satirical works
that comment on or criticize the original material.

Factors Considered for Fair Dealing:

Purpose and Character of the Use: The purpose and character of the use are essential factors in
determining whether the use qualifies as fair dealing. Non-commercial or educational uses are
generally more likely to be considered fair.

Nature of the Work: The nature of the copyrighted work is also considered. Fair dealing may
be more likely to apply to works that are factual or informational rather than highly creative or
fictional works.
Amount and Substantiality of the Use: The amount and substantiality of the portion used in
relation to the whole work are important factors. Using only a small portion of a work may be
more likely to qualify as fair dealing.

Effect on the Market: Fair dealing should not have an adverse effect on the potential market
for the copyrighted work. If the use competes with or substitutes for the original work in the
market, it may not be considered fair dealing.

Limitations and Application:

Statutory Limitations: Fair dealing is typically subject to specific statutory limitations and
conditions outlined in copyright law. These limitations may vary depending on the jurisdiction.

Case-by-Case Determination: Whether a particular use qualifies as fair dealing is often

determined on a case-by-case basis, taking into account the specific facts and circumstances of
the use.

Balancing Test: Courts often employ a balancing test to weigh the factors of fair dealing and
determine whether the use is fair and reasonable in the given context.

Fair dealing is a valuable exception to copyright infringement that allows for the use of
copyrighted material in certain contexts without the need for permission from the copyright
owner. However, it's essential to understand the limitations and conditions of fair dealing and
to ensure that any use of copyrighted material complies with applicable laws and regulations.

International Copyright Order (ss40-41)

The International Copyright Order typically refers to provisions within copyright law that
govern the protection of foreign works and the recognition of copyright from other countries.
Sections 40 and 41 of the Copyright Act usually address the procedures and conditions for
granting copyright protection to works from other countries. Here's a detailed explanation:

Recognition of Foreign Works:

Section 40 of the Copyright Act typically deals with the recognition of copyright in foreign
works. It outlines the conditions under which foreign works are entitled to copyright protection
in the jurisdiction. Key aspects include:

Eligibility Criteria: Foreign works must meet certain eligibility criteria to qualify for copyright
protection in the jurisdiction. These criteria may include the nationality or domicile of the
author, the country of first publication, or compliance with international treaties and
agreements.

Treaty Compliance: The jurisdiction may recognize foreign works based on reciprocity or
compliance with international treaties and agreements, such as the Berne Convention or
bilateral copyright treaties.

Registration Requirements: Foreign works may be required to fulfill certain registration or

formalities to qualify for copyright protection. These requirements may vary depending on the
jurisdiction and the provisions of international agreements.

Application for Protection:

Section 41 typically outlines the procedures and requirements for foreign authors or copyright
owners to apply for copyright protection in the jurisdiction. Key aspects include:

Application Process: Foreign authors or copyright owners may be required to submit an

application for copyright protection in the jurisdiction. The application process may involve
providing evidence of ownership, publication, or other relevant information.

Documentation: Applicants may need to provide documentation to support their claim of

copyright ownership, such as copies of the copyrighted work, proof of publication, or evidence
of authorship.

Fees and Formalities: There may be fees associated with the application process, and applicants
may need to comply with certain formalities or regulations established by the copyright office
or relevant authorities.

Reciprocal Treatment:

In many cases, the recognition of foreign works and the application for copyright protection
are based on the principle of reciprocal treatment. This means that the jurisdiction grants
copyright protection to foreign works on the condition that similar protection is granted to
works from that jurisdiction in other countries. Reciprocal treatment helps ensure fairness and
equality in the international protection of copyright. The International Copyright Order,
typically governed by sections 40 and 41 of the Copyright Act, plays a crucial role in facilitating
the recognition and protection of foreign works in a jurisdiction. By establishing procedures
and conditions for granting copyright protection to foreign works, these provisions help
promote international cooperation and ensure that authors and copyright owners receive
adequate protection for their creations across borders.