Introduction:

Have you ever wondered why there is a copyright disclaimer at the beginning of a movie, or a copyright disclaimer on a book? This is because the original work of the creator, writer, movie maker, artist etc is protected by the copyrights laws. In this article, we will study what is copyright, what type of works are covered and how the works are protected from the provisions of The Copyright Act, 1957.   

Meaning of Copyright:

Copyright simply means having exclusive right over an original work of authorship such as literary, musical, dramatic, artistic or architectural work[1]. Therefore copyright law covers the material form of expression and not actual concepts and ideas.

What types of rights are included in a copyright?

• Right to reproduce
• Right to prepare derivative works
• Right to distribute copies
• Right to perform the work
• Right to display the work publicly[2].

Insight on copyrights in India:

• Historical insight: Copyright law can be traced back to the colonial era. Post-independence Copyright Act was enacted in the year 1957 and has been amended six times with the 2012 amendment being the latest.
• International Conventions: India is also a signatory to many International Conventions such as
  • Berne Conventions of 1886
  • Universal Copyright Convention of 1951
  • Rome Convention of 1961
  • Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
  • WIPO Copyright Treaty & WIPO Performances & Phonograms Treaty.

• The Copyright Act, 1957: Here are the key features of the Act[3]:
  • Creation of Copyright Board: The Act provides for the formation of Copyright board and copyright office to make the registration process smooth.
  • Authorship & Ownership: According to the Act, author or creator is the first owner of the work. Composer is the author in case of music; producer is the author in case of cinematograph film and the particular government body in case of government work.
  • Term: The term of ownership of the literary work is lifetime of the author and 60 years from the day of his death.
  •  Infringement: A person who tries to use the original works of the owner without his permission is termed as infringement.
  • Remedies: The Act provides for both civil and criminal remedies for the copyright infringement.
  • Exception: If a person uses the work for research, analysis or for educational purposes, then he does not require the permission from the author.

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[1]What is a Copyright?; FindLaw;  https://smallbusiness.findlaw.com/intellectual-property/what-is-copyright.html

[2]What is a Copyright?; Plagiarism Today;  https://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/1-what-is-a-copyright/

[3]Copyright and its Features-Cyber Law Unit 1; MYBSIT.COM; 21/01/2017; https://www.mybscit.com/cyber-law/copyright-and-its-features-cyber-law-unit-1