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.

1. Copyright Act, 1957
Legal Environment of Business

2. Prepared By
Manu Melwin Joy
Assistant Professor
Ilahia School of Management Studies
Kerala, India.
Phone – 9744551114
Mail – manu_melwinjoy@yahoo.com
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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. 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. 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. 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. 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. 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. 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. 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. 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. Remedies against Infringement
• Infringement means
unauthorized and illegal
reproduction of work of
others.

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. 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.