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1. Copy rights

3. Meaning and Definition -Copyrights
• Copyright is a form of protection provided by the Indian
legislature to authors/ owners of original works of authorship
from the time the works are created and expressed in a
tangible form”.
• Copyright is a right which subsists in a number of different
kinds of works such as literary, dramatic, musical or artistic
works, sound recording and cinematograph films.

4. Legal framework of India
• Copyright Act 1957 governs the law related to the copyrights in
India.
• Copyright Act, 1957 as amended in 2012, supplemented by the
Copyright Rules, 2013, with subsequent amendments, is the
governing law for copyright protection in India.

5. International framework
• India is a member of the Berne Conventions and Universal Copyright
Convention
• The Government of India has also issued the International Copyright
Order, 1999, according to this order; “any work first published in any
country - which is a member of any of the above conventions - is granted
the same treatment as if it was first published in India”
• Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS)

6. Legal aspects of Copyrights Act
• Who is an author?
• What is a work?
• Material forms of work in copyright
• Pecuniary rights of the author
• Infringement
• Defense
• Remedies

7. Who is an author?
In the case of a literary or dramatic work the author, i.e., the person who creates the work.
 In the case of a musical work, the composer.
 In the case of a cinematograph film, the producer.
 In the case of a sound recording, the producer.
 In the case of a photograph, the photographer.
 In the case of a computer generated work, the person who causes the work to be created.

8. Right of the author
 Copyright protects the right of Author, i.e. creator of Intellectual
Properties.
•  He/She is also called the First Owner of Copyright.
 However, in course of employment, the employer is the first owner
of these rights.

9. What is a Work?
A work means any of the following , namely,
• a literary
• dramatic
• musical or artistic work
• a cinematograph film or a sound recording.

10. Classes of works
Copyright subsists throughout India in the following classes of works:
o Original literary, dramatic, musical and artistic works;
o Cinematograph films; and
o Sound recordings.

11. Why Copyright ?
FAVOUR
• Protects interest of the creator
• Rewards creative efforts.
AGAINST
• Criminalizing legitimate use
• Protects corporate interests
only

12. Rights of the author
• Economic rights
• Neighbouring rights
• Moral rights

13. Economic rights
 to produce copies or reproductions of the work and to sell those copies
(including, typically, electroniccopies)
• Right to reproduction
• Right to distribution
• Right to communicate the work to the public

14. Right to reproduction
• An exclusive right to reproduce the work or authorize the reproduction of work in any material form.
• In Microsoft corporation vs Nimesh 21 defendant were loading software programme of Microsoft on to
branded computers without taking authorization from them and selling the computers with unauthorised
computer programs to the costumers. It was held that the defendants infringed right of the owner of copyright.

15. Right to distribution
• It is the right to put copies of the copyrighted work into the commercial market
i.e. it relates to the control over dissemination of actual physical copies of the work.
• According to the exhaustion principle, once the intellectual property rights holder has sold a product to which
its IPRs are attached, he cannot prohibit the subsequent resale of that product, as his intellectual rights in
that product are said to have been 'exhausted’.

16. Right to communicate to the public:
• To define the term Communication to Public to mean making the work available to the public for their
enjoyment, irrespective of whether they actually enjoy it. This it appears is intended to cover transmission
over computer network. The Act has specifically provided that communication through satellite and other
cable means will also come within the purview of communication to public.

17. others
1.Right to make cinematograph film or sound
recording in respect of work
2.Right to make translation of the work
3.Right to make adaptation

18. Moral rights
• Moral rights safeguard personal and reputational rights, which permit authors to defend both the integrity
of their works and the use of their names Section 57 of the Act Independent of the author's copyright and
even after the assignment either wholly or partially of the said copyright, the author of a work shall have
the special right:
a. To claim authorship of the work; and
b. To restrain or claim damages in respect of any distortion, mutilation, modification or other act about the said work
which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act
would be prejudicial to his honor or reputation.

19. Neighbouring rights
• The broadcasting organisation is conferred with Broadcasting Reproduction Rights wherein the
organisation is conferred with a series of rights in respect to the broadcast made namely,
i. reproducing the broadcast;
ii. causing the broadcast to be heard or seen by the public on payment of any charges;
iii. making any sound recording of visual recording of the broadcast;
iv. making any reproduction or such sound recording or visual recording where the initial recording was
unauthorised;
v. selling or hiring or offering for sale or hire to the public any such sound or visual recording

20. INFRINGEMENT
https://copyright.gov.in/Exceptions.aspx
copying or using the work of another creator, without his prior permission
The following are some common types of copyrights infringement;
 Making copies of copyrighted works for sale or hire or letting them for hire.
 Permitting performance of copyright infringed works at any place for the performance of works.
 Distributing copyright infringing works.
 Public exhibition of copyright-infringing works.
 Importing copyright infringing works into India.

21. Remedies
Remedies
Civil Criminal

22. Civil remedies
 Civil remedies
 Injunction
 Damages
 Accounts
 Delivery of infringing copy
 Damages for conversion
 Jurisdiction in District Court

23. Criminal remedies
If any person knowingly infringes or abets the infringement of the copyright in
any work, then such an offence is a criminal offence under Copyright Act
• Imprisonment of minimum 6 months and a minimum fine of Rs.50,000/-
• In case of second and subsequent conviction; imprisonment of one year and
minimum fine of Rs. 1,00,000/-
• Cognizable Offence the police officer with or without permission of the court shall
start investigation and seize the copies.

24. Defense section 52 of CRA,1957
• https://www.company360.in/blog/common-defences-in-copyright-infringement-
cases

25. Exemption from infringement
 Some Government works are exempted in India
 Act of a Legislature.
 Report of a committee, commission, council, board or
other like body appointed by the Government.
 Judgement or order of a court, tribunal or other judicial
authority

26. CASES STUDIES
• https://www.bananaip.com/ip-news-center/indian-orders-and-judgments-
intellectual-property-law-2021-2/
• https://99designs.com/blog/tips/5-famous-copyright-infringement-cases/

27. Short review
 Each country has own law compliant to any international convention
 Copyright prevents distribution of Idea, not Idea itself
 It safeguards interest of the creators
 It encourages people to create something new
 Registration is not compulsory
 Economic rights can be assigned to another person
 Infringement is a criminal offence, if done knowingly