Copyright is a form of intellectual property that protects original works of authorship including literary, dramatic, musical, and artistic works. The Copyright Act of 1957 and its subsequent amendments govern copyright in India. Key aspects of copyright law include: - Copyright automatically subsists in original works from the time of their creation and allows owners certain exclusive rights over the works. - The term of copyright is usually 60 years from the death of the author or creator for most works. - Copyright ownership can be transferred or licensed through assignment or license agreements in writing. - Registration with the Registrar of Copyrights is not mandatory but provides presumptive evidence in cases of infringement disputes. - Copyright infringement occurs

1. A PART OF INTELLECTUAL PROPERTY RIGHTS
Moumita Mallick

2.  Introduction
 Copyright is a part of the intellectual property right. Intellectual property means those intangible
assets which are created by the effort, labour, capital, intellect of the creator himself. Intellectual
property rights are the exclusive rights bestowed upon the creator for its exclusive use or
economic exploitation of his hard earned product . These rights include-
 Copyright
 Trademark
 Patents
 Industrial designs rights
 Trade secrets etc.
 The history of copyright in India can be classified into 3 phases-
 East India Company Statute
 Indian Copyright Act 1914
 Copyright Act 1947.
 The Copyright Act 1957 was the first post-independence copyright legislation in India and the law
has been amended six times since 1957.The most recent amendment was in the year 2012,
through the Copyright (Amendment) Act 2012. India is a member of most of the important
international conventions governing the area of copyright law, including the Berne Convention of
1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome
Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS). But India is not a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances
and Phonograms Treaty (WPPT).
2Moumita Mallick

3. Copyright is a bundle of exclusive rights
given by the law to the creator of literary,
dramatic, musical and artistic works
(including photograpths) and the producers
of cinematograph films and sound
recordings.
3Moumita Mallick

4.  Literary works such as books, pamphlets,
magazines
 Dramatic works
 Music
 Artistic works including photographs
 Films
 Artistic architectural works
 There is no copyright on ideas of any work.
Unless such idea has found an expression by way
of material publication, there can be no
copyright.
4Moumita Mallick

5.  The rights include-
 Right to reproduce the work in material form
 Right to publish the work
 Right to perform the work in public
 Right to produce, reproduce, publish or perform
the translation of the work
 Right to communicate the work to the public
 Right to adapt the work
 Right to translate the work
 Right to use the work as a part of a
cinematograph film.
5Moumita Mallick

6.  Research
 Learning and teaching
 Criticism
 Reporting
 In judicial proceeding
 the reading or recitation in public of any
reasonable extract from a published literary or
dramatic work
 the performance of a literary, dramatic or musical
work by an amateur club or society, if the
performance is given to a non-paying audience,
or for the benefit of a religious institution.
6Moumita Mallick

7.  Usually, the first owner of copyright in a work is its author.
The ‘author’ is:
• in relation to literary or dramatic work, the author of the work
• in relation to a musical work, the composer
• in relation to an artistic work other than a photograph, the artist
• in relation to a photograph, the photographer
• in relation to a film, the owner of the film at the time of its completion
• in relation to a record, the owner of the original plate from which the
record is made, at the time of the making of the plate.
 Since this is the law, this general rule is obviously subject to a number of
exceptions. For example:
• The person who commissions a photograph is usually the first owner
of the copyright in the photo if he has paid for it to be taken.
• An employer is usually the first owner of the copyright in works which
his employees make in the course of their employment under a contract
of service or apprenticeship.
• Subject to contract, the Government is the first owner of the copyright
in a government work.
7Moumita Mallick

8.  The term of copyright is sixty years. However, the term
begins at different times depending on:
• the type of work and
• whether or not the author is known.
Some of the circumstances for which the Act makes provision
are:
• if the author is known, and the work is a published literary
work, Dramatic, musical or artistic work copyright subsists
for sixty years after the death of the author
• if a literary work whose author is known/unknown has not
been published at the time of the death of its author
(posthumous publication) , the term begins after it has been
published
• in the case of a photo or a film or sound recording, the
term begins after its publication
8Moumita Mallick

9.  Yes. Assignment or licence can be given in
writing either wholly or partly for a particular
amount of royalty . The territorial extent and
the duration has to be mentioned. It can be
cancelled or extended or revised according to
the terms of the party. If the licence is not
used within a year then it automatically
lapses
9Moumita Mallick

10.  Registration of copyright is not mandatory. It
subsists right from the day of creation. Once a
copyright comes into existence it can be
registered by giving all the relevant information
like title of work, name and address of author etc
in the form of an application to the registrar of
Copyrights. After verification and inquiry the
registrar shall enter the particulars in the
Register Of Copyright. Entries in this Register are
presumed to be true by courts although the
presumption is rebuttable
10Moumita Mallick

11.  Copyright in a work is deemed to be infringed when any person:
 1. does anything which the copyright owner has the exclusive right to do.
 2. permits any place to be used for the communication of a work to the public for profit if the
communication infringes the copyright in the work
 3. makes for sale or hire, or sells or lets for hire, or by way of trade displays, distributes or offers for
sale or hire any infringing copies of a work
 4. exhibits in public any infringing copies of a work by way of trade
 5. imports into India any infringing copies of a work
 A person is deemed to have infringed copyright only if he acts:
1. in contravention of a licence granted by the copyright owner or the Registrar of Copyrights
2. without a licence granted by the copyright owner or the Registrar of Copyrights
 It is a criminal offence to knowingly infringe a copyright. Also, civil proceedings can be initiated against
an infringer.
 Infringing copies of works and plates used to produce them are deemed to belong to the copyright
owner
11Moumita Mallick

12.  There are 3 types of action that can be taken
against the infringer-
 Civil Proceeding - the remedies are by way of
injunction, damages(compensation) and account
for profit
 Criminal Proceeding- Imprisonment, fines and
seizures
 Anton Pillar Order- these orders are passed
granting permission to the author of the work to
search the place of the alleged infringer (without
being warned) where there is prima facie
evidence of infringement against the latter.
12Moumita Mallick

13. THANK YOU
13Moumita Mallick