Varsha T. S.

4th Semester
M.Sc. Molecular
Biology
 Copyright ©

■ Legal term used to describe the rights that creators

have over their literary and artistic works.
■ Works covered by copyright range from books, music,
paintings, sculpture, and films, to computer programs,
databases, advertisements, maps, and technical
drawings.
■ Promotes creativity and encourages individuals to
create more.
 Copyright Act
■ Copyright law in India, governed by Copyright Act, 1957 which has
been amended in 1983, 1984, 1985, 1991, 1992, 1994, 1999 and
2012 to meet with the national and international requirements.
■ Amendment introduced in 1984 included computer program
within definition of literary work.
■ A new definition of computer program was inserted by 1994
amendment.
■ The justification for including computer programs under literary
work was that computer programs are also products of intellectual
skill like any other literary work.
■ The Amendment Act inserted Section 40A empowering the Central
Government to extend the provisions of the Copyright Act to
broadcasts and performances made in other countries subject to
condition and such countries extend similar protection to
broadcasts and performances made in India.
■ Section 42A empowers Central Government to restrict rights of
foreign broadcasting organisations and performers.
 Rights Protected by Copyright
2 types of rights
■ Economic rights allow right owners to derive financial reward from
the use of their works by others.
■ Moral rights allow authors and creators to take certain actions to
preserve and protect their link with their work.
 Rights conferred by copyright
Section 14 of Act defines the term Copyright as to mean the exclusive
right to do or authorise the doing of the following acts in respect of a
work, namely;

■ In the case of literary, dramatic or musical work:

■ (i) reproducing the work in any material form which includes storing
of it in any medium by electronicmeans;
(ii) issuing copies of the work to the public which are not already in
circulation;
(iii) performing the work in public or communicating it to the public;
(iv) making any cinematograph film or sound recording in respect of
work;
(v) making any translation or adaptation of the work.

■ In the case of a computer programme:

(i) to do any of the acts specified in respect of a literary, dramatic or
musical work; and
(ii) to sell / give on commercial rental / offer for sale / for commercial
rental any copy of the computer programme.
■ In the case of an artistic work:
(i) reproducing the work in any material form including depiction in
three dimensions of a two dimensional work or in two dimensions
of a three dimensional work;
(ii) communicating the work to the public;
(iii) issuing copies of work to the public which are not already in
existence;
(iv) including work in any cinematograph film;
(v) making adaptation of the work, and to do any of the above acts in
relation to an adaptation of the work.
■ In the case of cinematograph film and sound recording:
(i) making a copy of the film including a photograph of any image or
making any other sound recording embodying it;
(ii) selling or giving on hire or offer for sale or hire any copy of the
film/sound recording even if such copy has been sold or given on
hire on earlier occasions; and
(iii) communicating the film/sound recording to the public.
■ In the case of a sound recording:
(i) To make any other sound recording embodying it.
(ii) To sell or give on hire, or offer for sale or hire, any copy of the
sound recording
(iii) To communicate the sound recording to the public.

Objective – To give protection to the owner of copyright from

the dishonest manufacturers.
Duration of copyright for different works
 Authorship and Ownership
“Author” as per Section 2(d) of the Act means
• In the case of a literary or dramatic work the author.
• In musical work, the composer.
• In cinematograph film, the producer.
• In sound recording, the producer.
• In a photograph, the photographer.
• In case of any literary, dramatic, musical or artistic work which is
computer-generated, person who causes the work to be created.
 Copyright Office
■ Section 9 of the Copyright Act requires for establishment of
an office to be called the Copyright Office for the purpose
of the Act.
■ Copyright Office is to be under the control of a Registrar of
Copyrights, appointed by Central Government, would act
under the superintendence and directions of the Central
Government.
 Copyright Board
■ Section 11 of the Act provides for establishment of Copyright
Board and empowers the Central Government.
■ Consist of a Chairman and not less than 2, but not more than 14
members.
■ Chairman should be a sitting or retired judge of the High Court or
a qualified person to be appointed as judge of High Court.
■ Registrar act as Secretary of Copyright Board.
 Functions of Copyright Board
1. Settlement of disputes as to whether copies of any literary, dramatic
or artistic work or records are issued to the public in sufficient numbers.
2. Settlement of disputes as to whether the term of copyright for any
work is shorter in any other country than that provided for that work
under the Act.
3. Settlement of disputes with respect to assignment of copyright as
dealt with in Section 19A.
4. Granting of compulsory licences in respect of Indian works withheld
from public.
5. Granting of compulsory licence to publish unpublished Indian
works.
6. Granting of compulsory licence to produce and publish translation
of literary and dramatic works.
7. Granting of compulsory licence to reproduce and publish literary,
scientific or artistic works for certain purposes.
8. Determination of royalties payable to the owner of copyright.
9. Determination of objection lodged by any person as to the fees
charged by Performing Rights Societies.
10. Rectification of Register on the application of the Registrar of
Copyright or of any person aggrieved.
 Assignment of Copyright
■ Section 18 – “Assignment of copyright.”
■ The owner of copyright in an existing work or the prospective
owner of future work has the right to assign to any person the
copyright of that work.
■ If the work is not yet in existence at the time of assignment (future
work), assignment shall take effect only when the work comes into
existence.
 Licenses
■ Chapter VI, Sections 30-32B deal with licences.
■ Transfer of interest in copyright.
■ Whenever a license is given it implies that another person can use
the copyright involved, this is a right given to another person to use it
with certain restrictions. It can be granted both for the present and
future copyrighted work.
■ Section 30 deals with licences by owners of copyright.
■ Section 31 provides for compulsory licence in works withheld from
public; 31A - compulsory licences in unpublished Indian works;
31B - Compulsory Licence for the benefit of disabled; 31C deals
with statutory licence for cover versions; 31D deals with statutory
licence for broadcasting of literary and musical works and sound
recording;
■ Section 32 deals with licences to produce and publish translations;
■ 32A provides for licence to reproduce and publish works.
■ Section 32B deals with termination of licences.
 Copyright Societies
Chapter VII – Copyright Societies
Under clause (3) of Section 33 Central Government has been
authorised to register association of persons as copyright society after
taking into account the following factors:
(i) interests of the authors and other owners of rights under Copyright
Act;
(ii) interest and convenience of the public and in particular of the
groups of persons who are most likely to seek licences in respect of
relevant rights; and
(iii) ability and professional competence of applicants.
 Copyright Protection to Foreign Works
■ Copyright Act applies only to works first published in India,
irrespective of nationality of the author.
■ Section 40 extend the benefits of all or any of the provisions of the
Act to the works first published in any foreign country.
■ But foreign country must grant similar protection to works entitled
to copyright under the Act.
 Conditions of Copyright Protection
(a) Work must be made or first published by or under the direction or
control of International organization.
(b) There should be no copyright in the work in India at the time of
making or on first publication of the work.
(c) If the work is published in pursuance of an agreement with the
author, such agreement should not reserve the author any
copyright in the work or any copyright in the work should belong to
the organisation.
 Infringement Of Copyright

■ Copyright protection gives exclusive rights to the owners of the

work to reproduce the work enabling them to derive financial
benefits by exercising such rights.
■ If any person without authorisation from the owner exercises
these rights in respect of the work which has copyright
protection it constitutes an infringement of the copyright.
 Sum Up
■ Copyright Act, 1957.
■ Rights protected by copyright.
■ Duration of rights.
■ Authorship & Ownership
■ Copyright Office – Copyright Board
■ Assignment, License, Copyright Society
■ Copyright Protection
■ Infringement of Copyright
 Thank you

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