COPYRIGHT

A copyright is a legal device that gives a person exclusive rights to an original

work of creative expression.

Usually, the copyright goes to the original creator of the work. However, they
can sometimes sell these rights to other parties.

Original works of creative expression can include anything, from the dramatic
to the literary to the artistic to the musical to many other kinds of work.

The common thread among them is that they are all intellectual works.
Requirements for Copyright Protection

• To qualify for copyright protection, a work must be original

• Originality relates to the expression of thought and not to the underlying idea
or thought
• Essentially, originality refers to the fact that the work was independently
created and it was not copied from somewhere else
• Works enjoy copyright protection irrespective of their creative elements,
quality or value and do not need to have any literary or artistic merit
• Needs to be fixed in material form
Copyright Notice
• There is no formal procedure to put the notice on your work, however it is strongly
advisable to remind people that the work is copyrighted and identifies the
copyright owner

• Assists those who may want to obtain your prior permission

• A cheap and cost-effective safeguard
• A copyright notice general consists of:
• The word “copyright” or the copyright symbol “©”;
• The name of the copyright owner;
• The year in which the work was first published; and
• The words “All Rights Reserved”

• Example: © Deepak Pillai 2006 – 2011. All rights reserved

Scope of Copyright Protection - Economic Rights
Economic rights protect the author’s economic interests and allow the author
to earn a profit by direct or indirect exploitation of a work
Scope of these rights and limitations and exceptions, differ on the type of work and
from country to country

Generally it includes the exclusive rights to:

Make reproductions or copies of the work in various forms
Distribute the work to the public
Rent or lend copies of the work
Make translations or adaptations of the work
Communicate the work to the public
Perform, show or play the work in public
Works Protectable under Copyrights

The subject matter of copyright is covered in section 13 of the Act, which is

reproduced as under:
Section 13: Works in which copyright subsists:
1. Subject to the provisions of this section and the other provisions
of this Act, copyright shall subsist throughout India in the following classes
of works, that is to say,
a) original literary, dramatic, musical and artistic works;
b) cinematograph films
c) sound recordings
 Literary Works
Any work that is expressed in words, numbers or any other verbal
and numerical symbols, but isn’t an audiovisual work, is
considered a literary work. That includes such things as
manuscripts, books, phonorecords, cards, disks, film, and tapes
are among some of the written materials that are considered
protected under copyright law.

On a much narrower level, such things as novels, short stories,

letters, movie scripts, cooking recipes, email messages,
mathematical proofs, and computer programs also qualify as
original works of creative expression and are protected under
copyright law.
 Dramatic Works
Dramatic works, whether published or unpublished, are also
protected under copyright law. These include such as things as
plays, scripts for cinema, television, and radio, pantomimes, and
works of choreography.

Of course, we should remember that the main determinant for

whether such works qualify for copyright protection is originality.
However, we should also remember that there are many
elements to a dramatic work, such as the directions for actions,
the spoken text, and the plot. All of these will play a role in
determining whether the work qualifies for copyright protection.
They are similar to literary works but include a piece of recitation.
Works like choreography, the arrangement of play, scenic arrangement
come under Dramatic type of copyright works.
 Musical Works
They can be protected in two different ways. The lyrics of a song
fall under literary work while the music tune (notation) can be
protected under musical works. They need to be submitted in a
written format.
 Artistic Works
Copyright protection covers works of art. These include paintings,
sculptures, graphics, drawings, maps, charts, photographs,
caricatures and cartoons.

For example – Tom and Jerry are famous

copyrighted cartoon characters.
 Cinematograph Films
Section 2(f) of the Act defines a cinematograph film as:

Any work of visual recording 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.
 Sound Recording
Section 2(xx) of the Act defines a sound recording s:

‘to mean a recording of sounds from which such sounds may be

produced regardless of the medium on which such recording is
made or the method by which sounds are produced.
Procedure for registering a copyright

Step 1: File an Application

copyright.gov.in

Step 2: Examination

Step 3: Registration
Term of Protection
Ownership of Copyright
The provisions of acquiring copyright ownership are defined
under Section 17 of the Act. The right of ownership is available
only if one qualifies the provision of this Act. There is no other
remedy in other laws prevailing in India to counter the violation of
copyright ownership.

• In the case of a literary, artistic, dramatic or musical work, the author is

the first owner of the work.  Literary work includes books, computer
software, contents published online,  speeches delivered in public. 

• In the case of a photograph, sculpture, drawing including architectural

drawings, plan or engraving, the author is the first owner of the work.
• In the case of cinematographic work, the producer is the first owner of
the work. 
• However, the author of the lyrics, music, artistic and dramatic work
which is incorporated in the cinematographic work, the author shall
retain their right for other purposes.   In the case of sound recording,
the producer is the first owner of the work.

• Similarly, where any of the above work, viz. literary, dramatic, artistic
work or photographs have been instituted by any person under a
contract, such person is the first owner of the work for the purpose for
which the contract was entered into.  For all other purposes, the author
shall be the first owner of the work.
For a work created by any employee in the course of
employment, the employer is the first owner of the work. 

The words "in the course of" have been subject of intense
confrontation when the employee asserts that the work was not
created during the employment. 

Similarly, work created by a partner during the course of his

business shall vest in the partnership.  A draft prepared by a
lawyer during the course of his employment or engagement in a
firm vest in the law firm or employer.
• In the case of a work created under a Contract of service the first owner
is the person who has instituted the service. 
• It is akin to an employee – employer relationship, where the
employer has full control over the object of the work as well as the
manner in which it is to be achieved. 
• Whereas in the case of a work created under a Contract for service, the
first owner is the author. 
• Under this, the author has the discretion to adopt means for
execution of a work. 

• The difference in treatment for the two works is on account of the

discretion in the author while creating the work.  Hence, the first
owner is also different in certain circumstances
In the case of speech delivered in public, the person who has
delivered such address is the first owner of the work irrespective
of the same being delivered as an employee or when it is
arranged by another person.
 Assignment of copyright

The owner of the copyright in an existing work or the prospective owner of

the copyright in a future work may assign to any person the copyright,
either wholly or partially and either generally or subject to limitations and
either for the whole term of the copyright or any part thereof.

However, in the case of the assignment of copyright in any future work, the
assignment shall take effect only when the work comes into existence.

Where the assignee of a copyright becomes entitled to any right comprised

in the copyright, the assignee as respects the rights so assigned, and the
assignor as respects the rights not assigned, shall be treated for the
purposes of this Act, as the owner of copyright and the provisions of this
Act shall have effect accordingly.

The expression "assignee" as respects the assignment of the copyright in

any future work includes the legal representatives of the assignee, if the
assignee dies before the work comes into
Infringement, Remedies
and Penalties
Infringement of copyright

Section 51 of the Act deals with the legal provisions relating to

infringement of copyrihts.

1. Encroaching upon the exclusion dominion of the copyright

owner
2. Counterfeiting versus piracy
3. Copying or reproduction as infringement
◦ Direct copying
◦ Indirect copying
◦ Subconscious copying
4. Quantum of Copying
5.Causal Connection between the copyrighted work and the
infringing work
6. Taking an Idea is not infringement
7. Encroaching on other economic rights of the copyright owner
8. Providing Space for communicating about the work
9. Selling, letting for Hire, Display or Offering for sale
 Related Rights
The obligations of members with respect to related rights are given in Article 14 of
Section 1 of Part II of the TRIPS Agreement.

Article 14 deals with three categories of holders of related rights, namely

performers (such as musicians, actors and dancers),
producers of phonograms (or sound recordings such as CDs) and
broadcasting organizations.

What is common to all of them is that they bring their own contribution in making
literary and artistic works available to the public.

For example, a performer brings his or her skill and creativity into a performance of
a musical composition. Technical skill and investment is needed from a phonogram
producer to put the performance on a sound recording. And a broadcasting
organization brings its financial resources and organizational capacity to transmit
the performance of the song to the public.