What is Copyright Law in India

1. COPYRIGHT AS INTELLECTUAL
PROPERTY
By
Bhavpreet Singh Soni

2. INTELLECTUAL PROPERTY RIGHTS
PROPERTY
TANGIBLE
MOVABLE
(Eg: Car, Table)
IMMOVABLE
(Eg: Building)
INTANGIBLE
INTELLECTUAL
PROPERTY

3. WHAT IS INTELLECTUAL PROPERTY RIGHTS
• It is a creative work of human intellect .
• An Intangible Property yields commercial benefit to
the IP holder.
• Intellectual property is protection for expression of
ideas.
• Intellectual Property is a bundle of legal rights
resulting from intellectual creativity in industrial,
scientific, artistic and literary fields.

4. • INTELLECTUAL
- Human’s ability to think and understand.
- The ability to create, innovate, perform, author, etc.
• PROPERTY
- An object over which the right of ownership extends.
- Exclusive right of control and disposal.
• RIGHTS
- A legal entitlement which can be protected
- Violation of which is deemed as unlawful and leaves
the right holder with a remedy.

5. DIFFERENCE BETWEEN INTELLECTUAL
PROPERTY AND PHYSICAL PROPERTY
INTELLECTUAL PROPERTY
• Rights subsists in intangible objects.
• Expression of ides is protected
• Creation, innovation, authorship,
artistic, or performance is
mandatory.
• Infinitely sharable.
• Vulnerable to theft, piracy and
counterfeit.
• Eg: Patent, Trademark, etc.
PHYSICAL PROPERTY
• Rights subsists in tangible or
physical object.
• Based on ownership and possession
of the physical property.
• Rights specified under the Transfer
of property Act, Will, etc.
• Sharable by limitation.
• Less vulnerable to theft and
possession.
• Eg: Building, car etc.

6. TYPES OF INTELLECTUAL PROPERTY
COPYRIGHT
LITERARY
DRAMATIC
ARTISTIC
MUSICAL
CINEMATOGRAPHIC
COMPUTER
PROGRAMS
INDUSTRIAL PROPERTY
TRADEMARK
TRADE SECRET
INDUSTRIAL DESIGN
PATENT
GEOGRAPHICAL INDICATION
PLANT VARIETIES
TRADITIONAL KNOWLEDGE
INTEGRATED CIRCUIT

7. ADVANTAGES OF INTELLECTUAL
PROPERTY RIGHTS

8. FEATURES OF INTELLECTUAL PROPERTY
1. Proprietary in nature
2. Territorial in Nature
3. Giving an exclusive right to the owner
4. Intangible Rights over Tangible Property
5. Assignable
6. Co-Existence of various Rights
7. Statutory requirements
8. Exhaustion of Rights
9. Dynamism
10. International Character

9. INTERNATIONAL CONVENTIONS FOR THE
PROTECTION OF INTELLECTUAL PROPERTY

10. COPYRIGHT AS AN IPR
COPYRIGH
T
SKILL AND
LABOUR OF
THE CREATOR
FIXED IN
TANGIBLE
FORM CONVERSION
OF IDEA INTO
EXPRESSION

11. TRIPS AND COPYRIGHT

12. ADVANTAGES OF COPYRIGHT

13. HOW TO DETERMINE COPYRIGHTABILITY
OF CREATION
• ORIGINALITY
-
• EXPRESSION
• FIXATION
-

14. IDEA- EXPRESSION DICHOTOMY
• Copyright Act, 1957 protects the expression of ideas
and not the ideas itself.
• Author must have bestowed “sufficient judgement,
skill and labour or capital” on the copyrightable work.
• Expression gives the idea a physical shape.
• Through expression, substantial work can be noted
down in writing form or captured by way of electronic
means.
• No copyright in idea, subject matter, themes, plots,
historical, or legendary facts

15. CASES
• R.G. ANAND V. M/S DELUX FILMS & ORS.
AIR 1978 SC 1613
• MANSOOB HAIDER V. YASHRAJ FILMS PVT. LTD.
Suit 219/2014, Bombay High Court

16. WHAT IS NOT PROTECTED?
• Hero, Heroine & Villain. Hero defeats Villain and
rescues Heroine – This is a general idea.
WHAT CAN BE PROTECTED?
• A movie based on the idea. Ex: Ramanand Sagar’s
“Ramayan” on DD National is copyrighted. Though
the idea is same, the means of expressing the idea is
different.
• Most Bollywood movies use the same idea. Ex:
“Baaghi 2”
COPYRIGHT PROTECTION

17. WHAT CAN BE COPYRIGHTED
Section 13 of the Copyright Act, 1957
Copyright subsists in:
a) Original literary, dramatic, and artistic works
b) Cinematographic films,
c) Sound recording
d) Computer Software

18. WHAT CANNOT BE COPYRIGHTED
• IDEAS: Expression of idea is protected and not the idea itself.
• RECIPE: Mere listing of ingredients. Protected under Trade
Secrets.
• TITLES
• WORDS/ SLOGANS: Protected under Trademark law.
• FACTS AND INFORMATION: They fall under public
domain.
• MATHEMATICALAND CHEMICAL FORMULA: But a
math or Chemistry textbook would be.

19. REGISTRATION OF COPYRIGHT
Application before Copyright Office
Examination of Copyright Application
by the Examiner
OBJECTION RAISED-Hearing. If not
resolved, rejection letter to Applicant
NO OBJECTION- Scrutiny of
documents and discrepancy.
Registration of Copyright
*COPYRIGHT DOESN’T REQUIRE REGISTRATION
However it is Advised

20. • Essential Documents for copyright registration
a) 3 copies of the published work, if unpublished manuscript then 2 copies.
b) Details of the Applicant (Actual owner of the work, agent or authorized person or
organization).
c) Detailed description of the work.
d) DD/IPO of Rs. (as applicable) per work.
e) Power of Attorney.
f) Vakalatnama (if available).
g) No Objection Certificate if the Applicant is different form creator.
• The Copyright Office will maintain a Register of Copyrights in which details of the
copyrighted work and other particulars be entered.
REGISTRATION OF COPYRIGHT

21. TERM OF COPYRGHT
The term of Copyright extends for:
1. In the case of literary, artistic, dramatic or musical
work- lifetime of the author plus 60 years, following
the year of death.
2. After the expiry of the term, the work passes to
public domain.

22. EXCLUSIVE RIGHTS
• 14 of Copyright Act, 1957
Copyright means the exclusive right to do or authorize the doing of
certain acts in respect of a work.
• To do the acts of:-
A. Reproduction of the work
B. Issuing copies of the work
C. To perform the work in public/communicate it to the public

23. TRANSFER OF COPYRIGHT

24. TYPES OF TRANSFER
ASSIGNMENT AND LICENSING

25. TYPES OF LICENSING
• The owner alone grants the
license.
• Section 30 of the Copyright
Act, 1957.
VOLUNTARY
LICENSING
• The Registrar, court or certain
authority grants the license.
• Section 31 of the Copyright
Act, 1957.
INVOLUNTARY
OR
COMPULSORY
LICENSING

26. TYPES OF LICENSING
• EXCLUSIVE LICENSE
• LIMITED USE LICENSE
• CREATIVE COMMONS LICENSE

27. COPYRIGHT INFRINGEMENT
Section 51 of the Copyright Act, 1957.

28. WHAT CONSTITUTES INFRINGEMENT
TRANSLATION
IMPORT
INFRINGING
COPIES
SALE OR
DISPLAY
DISTRIBUT
E FOR
TRADE
ADAPTATIO
N
TRADE
EXHIBIT IN
PUBLIC

29. PRIMARY INFRINGEMENT SECONDARY INFRINGEMENT

30. WHO CAN INSTITUE INFRINGEMENT CASE

31. JURISDICTION TO TRY INFRINGEMENT SUIT
• Section 62 of the Copyright Act, 1957

32. BURDEN OF PROOF IN INFRINGEMENT CASE
• Often, the proof of copying is accomplished through circumstantial
evidence.
• Plaintiff demonstrates that the defendant had access to the original work.
• There is a substantial similarity between both works.
Limitation periods apply to copyright infringement actions?
• The usual time limit for bringing an action is three years from the date
the cause of action arises.

33. • CIVIL REMEDY
- Injunction: An authoritative warning or order of the court refraining
from doing specific act. To prevent further infringement.
Discretionary in nature.
Interlocutory Injunction and Permanent Injunction.
- Damages: Monetary compensation.
- Account of Profit: In case of misappropriation of profit by the
Defendant by sale of infringing goods.
- Delivery of Infringing copies to the owner.
- Destruction of infringing copies and damage
REMEDIES IN COPYRIGHT INFRINGEMENT

34. • ANTON PILLAR ORDER
• JOHN DOE ORDER/ ASHOK KUMAR ORDER
• MAREVA INJUNCTION
REMEDIES IN COPYRIGHT INFRINGEMENT

35. • CRIMINAL REMEDY
• BORDER MEASURES ON IMPORTATION OF
INFRINGING GOODS
-
REMEDIES IN COPYRIGHT INFRINGEMENT

36. DEFENSE AGAINST INFRINGMENT SUIT
FAIR USE
DE MINIMIS
PUBLIC DOMAIN
IMPLIED LICENSE
• FAIR USE:
• DE MINIMIS:
• PUBLIC DOMAIN:
• IMPLIED LICENSE:

37. THE FOLLOWING ACTS DOES NOT
CONSTITUTE INFRINGEMENT

38. SONISVISION CORPORATE FIRM
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