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Copyright Act, 1957 
Legal Environment of Business
Prepared By 
Manu Melwin Joy 
Assistant Professor 
Ilahia School of Management Studies 
Kerala, India. 
Phone – 9744551114...
Definition 
• Copy right means the 
exclusive right subject to 
the provisions of this Act, 
to do or authorize the 
doing...
Definition 
– In the case of a literary, 
dramatic or musical work – 
To reproduce work, issue 
copies, perform work in 
p...
Definition 
– In the case of artistic work – To 
reproduce the work, to sell or 
give on hire, to communicate 
the work to...
Characteristics of Copyright 
• Creation of statute – The copy right is 
granted and protected according to 
copy right. 
...
Subject matter of copyright protection 
• Literary works – The expression literary 
work includes computer programmes, 
ta...
Author and ownership of a copyright 
• Section 2 (d) defines author of the 
work as show below. 
– Literary or dramatic wo...
Various rights of owner of copyright 
• Multiple statutory rights – The 
copyright is a creation of statute. 
It is grante...
Various rights of owner of copyright 
• Negative right – Unauthorized 
use of copyright amounts to 
infringement. The act ...
Licensing of copyrights 
• Voluntary license – Section 30 of 
the copyrights act empowers the 
owner of copyright to grant...
Remedies against Infringement 
• Infringement means 
unauthorized and illegal 
reproduction of work of 
others.
Remedies against Infringement 
• Civil remedies – A plaintiff in a suit 
for infringement of his copyright can 
seek follo...
Remedies against Infringement 
• Criminal remedies – The 
infringement of copyright is 
not a civil wrong but also an 
off...
Copyright act - Legal Environment of Business - Business Law - Commercial Law - Manu Melwin Joy
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Copyright act - Legal Environment of Business - Business Law - Commercial Law - Manu Melwin Joy

Copy right means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof.

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Copyright act - Legal Environment of Business - Business Law - Commercial Law - Manu Melwin Joy

  1. 1. Copyright Act, 1957 Legal Environment of Business
  2. 2. Prepared By Manu Melwin Joy Assistant Professor Ilahia School of Management Studies Kerala, India. Phone – 9744551114 Mail – manu_melwinjoy@yahoo.com Kindly restrict the use of slides for personal purpose. Please seek permission to reproduce the same in public forms and presentations.
  3. 3. Definition • Copy right means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof.
  4. 4. Definition – In the case of a literary, dramatic or musical work – To reproduce work, issue copies, perform work in public, make translation or adaptation etc. – In the case of computer program - To reproduce work, issue copies, perform work in public, make translation or adaptation, to sell or give on commercial rental or offer for sale.
  5. 5. Definition – In the case of artistic work – To reproduce the work, to sell or give on hire, to communicate the work to the public, to issue copies, to make adaptations etc. – In the case of a cinematograph film – To make a copy of the film, to sell or give on hire, to communicate the film to the public. – In the case of sound recording – To make any other sound recording embodying it, to sell or give on hire or to communicate the sound recording in public.
  6. 6. Characteristics of Copyright • Creation of statute – The copy right is granted and protected according to copy right. • Multiple rights – Copy right is not a single right, rather it is a bundle of rights in the same work comprising of literary work, right to reproduction etc. • The work must be original – The first and essential requirement for claiming copyright is the originality of work. • Copyright exists in expression of idea and not mere idea – The copyright exists only in the expression of idea in some material form like book, film, photograph or musical tone.
  7. 7. Subject matter of copyright protection • Literary works – The expression literary work includes computer programmes, tables and compilations including computer database. • Artistic works – It includes paintings, sculptures , works of architecture etc. • Musical work – It includes music and any graphical rotation of such work. • Computer software and programmes – Computer programme means a set of instructions expressed in words, codes, schemes or in any other forms. • Work of Architecture – It means a building or structure having an artistic character.
  8. 8. Author and ownership of a copyright • Section 2 (d) defines author of the work as show below. – Literary or dramatic work – The author of the work. – Musical work – The composer. – An artistic work other than photograph – The artist. – Photograph – The person who takes the photograph. – Cinematograph film – the producer. – Sound recording – the producer. – Literary, dramatic, musical or artistic work which is computer generated – the person who causes the work to be created.
  9. 9. Various rights of owner of copyright • Multiple statutory rights – The copyright is a creation of statute. It is granted and protected according to the copy rights Act. The owner of work can exploit and enjoy monopoly right in his work in several manners. • Right to transfer – The author can transfer his rights through assignment or grant permissive use of his copyrights to any person.
  10. 10. Various rights of owner of copyright • Negative right – Unauthorized use of copyright amounts to infringement. The act provides adequate remedies for preventing infringement. • Moral right – These rights are to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation or modification of the said work.
  11. 11. Licensing of copyrights • Voluntary license – Section 30 of the copyrights act empowers the owner of copyright to grant any interest in the rights by license in writing signed by him or his duly authorized agent. • Compulsory license – The copyright board is empowered to grant compulsory license under certain circumstances on suitable terms and conditions in respect of an Indian work.
  12. 12. Remedies against Infringement • Infringement means unauthorized and illegal reproduction of work of others.
  13. 13. Remedies against Infringement • Civil remedies – A plaintiff in a suit for infringement of his copyright can seek following civil remedies. – Search and seizure order – The court can pass an ex – parte order to enter the premises and make inspection of relevant documents and articles and remove them for safe custody. – Injunction – The plaintiff may seek relief by way of restraining defendant from infringing his copyright through temporary or permanent injunction in civil suit at various stages of trail.
  14. 14. Remedies against Infringement • Criminal remedies – The infringement of copyright is not a civil wrong but also an offence. The plaintiff can , in addition to civil suit, also file criminal proceedings against infringer. • Administrative remedies – The Registrar and copyright board have also been vested with some power to check violation of copyrights.

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