2. Introduction
• Copyright is the exclusive right given to the creator
of a creative work to reproduce the work
• The creative work may be in a literary, artistic,
educational, or musical form.
• Copyright is intended to protect the original
expression of an idea in the form of a creative
work, but not the idea itself
3. Indian Copyright Act 1957
• Copyright is a form of intellectual property protection granted
under section 13 of Indian Copyright Act 1957,
• Copyright protection is conferred on literary works(now includes
computer programmes), dramatic works, musical works, artistic
works, cinematograph films and sound recording.
• Copyright refers to a bundle of exclusive rights vested in the owner
of copyright by virtue of Section 14 of the Act..
• These rights include the right of adaptation, right of reproduction,
right of publication, right to make translations, etc
4. Computer programmes
• With reference to computer technology original
programme is covered by copyright law
• The copyright law provides protection to computer
programmes as well
• After 1999 the definition of literary work now
includes software and database
• It was consequent to the India’s commitment to
Trips agreement
5. Indian Copyright Act 1957
The Copyright Act 1957 provides three kinds of remedies -
administrative remedies, civil remedies and criminal
1. The administrative remedies provided under the statute
include detention of the infringing goods by the customs
authorities
2. The civil remedy include injunctions, damages and account
of profits
3. The criminal remedies include imprisonment (up to 3 years)
along with a fine (up to 200,000 Rupees).[
6. Copyrights in Computer programmes
• A copyright in the computer programme is infringed by
making copy of the programme without authorization
• Literal copy also be called as piracy
• Whether the copyright is infringed or not depends on
1. Whether copyright subsists in plaintiffs work
2. Whether the defendant copied the material
3. Whether the reproduction if not whole is substantial
10. Indian Copyright and Digital Copyright
• Hence the copyright in its present form have no
provisions against this when they cache browse upload
and download
• Even section 52 which deals with fair dealing is silent on
Internet related activities like caching browsing and
uploading downloading
• By extending section 51 of the Act to include network
service provider can make the service provider liable for
this
