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COPYRIGHT LAW IN INDIA; “THE CRITICAL ANALYSIS OF COPYRIGHT ACT 1957
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COPYRIGHT LAW IN INDIA;
“THE CRITICAL ANALYSIS OF COPYRIGHT ACT 1957”
AUHTORED BY - ANISHA
KUMARI & PRIYANKA
SECOND SEM LLM STUDENT,
IILM UNIVERSITY GREATER NOIDA
Abstract
This paper presents a
critical analysis of the Copyright Act of 1957, which serves as the principal
legislation governing copyright law in India. The Copyright Act of 1957 has
been the cornerstone of copyright protection in the country, providing a legal
framework for the protection of various forms of creative expression, including
literary works, musical compositions, artistic works, cinematographic films,
and sound recordings. However, amidst rapid technological advancements and
evolving societal needs, the Act has faced scrutiny and critique regarding its
adequacy and relevance in the digital age. This paper examines key provisions
of the Copyright Act of 1957, including the scope of protection, ownership and
duration of copyright, rights of copyright owners, exceptions and limitations,
registration and enforcement procedures, and international obligations. Through
a critical lens, the paper evaluates the strengths and weaknesses of the Act in
addressing contemporary challenges such as digital piracy, online infringement,
access to knowledge, and the balance between the rights of creators and the
public interest. Additionally, the paper explores potential areas for reform
and enhancement to align copyright law with the changing dynamics of the
creative industries, technological innovation, and global copyright standards.
By conducting a critical analysis of the Copyright Act of 1957, this paper aims
to contribute to ongoing discussions and debates surrounding copyright law
reform in India and foster a deeper understanding of the complexities and
implications of copyright regulation in the digital era.
Keywords
Copyright Act 1957, Copyright law, Intellectual property, Creative expression, Digital age Technological advancements, Digital piracy, Online infringement, Balance of rights, Public interest, ReformLegal framework, Ownership, Duration of copyright, Rights of creators, Exceptions and limitations, Registration procedures, Enforcement mechanisms, International obligations, Creative industries.
Copyright Act 1957, Copyright law, Intellectual property, Creative expression, Digital age Technological advancements, Digital piracy, Online infringement, Balance of rights, Public interest, ReformLegal framework, Ownership, Duration of copyright, Rights of creators, Exceptions and limitations, Registration procedures, Enforcement mechanisms, International obligations, Creative industries.
INTRODUCTION
Copyright is a right given
by the law to creators of literary, dramatic, musical, and artistic works and producers
of cinematograph films and sound recordings. It can be termed as “The exclusive
right. given by law for a certain term of years to an author, composer etc. (or
his assignee) to print, publish. and sell copies of his original work”.
Indian copyright law is at
parity with the international standards as contained in TRIPS. The (Indian) Copyright
Act, 1957, pursuant to the amendments in the year 1999, fully reflects Berne.
Convention for Protection
of Literary and Artistic Works, 1886 and the Universal Copyrights Convention,
to which India is a party. India is also a party to the Geneva Convention for
the Protection of Rights of Producers of Phonograms and is an active member of
the World Intellectual
Property Organization
(WIPO) and United Nations Educational, Scientific and Cultural Organization("UNESCO").
Copyright law is a branch
of intellectual property law that grants exclusive rights to creators and
authors for their original works of authorship. These rights provide creators
with control over the use and distribution of their creations, enabling them to
benefit financially and maintain artistic control over their work. Copyright
law aims to strike a balance between protecting the interests of creators and
promoting the public interest in accessing and using creative works. The
concept of copyright dates back centuries, with early forms of copyright
emerging in medieval Europe to regulate the copying and distribution of
manuscripts. Over time, copyright evolved into a statutory framework that
encompasses a wide range of creative works, including literary works, music,
art, films, software, and more.
Origin and development of copyright
The origin and development
of copyright law in India trace back to colonial times, primarily influenced by
British copyright legislation. The earliest copyright law in India was
introduced through the Copyright Act of 1847, which was largely based on the
British Copyright Act of 1842. This legislation aimed to protect the interests
of British authors and publishers in India. However, it was primarily concerned
with regulating the importation and publication of books rather than fostering
a culture of creativity among Indian authors. The Copyright Act of 1914 marked
a significant milestone in the development of copyright law in India,
introducing comprehensive provisions for copyright protection and enforcement.
This legislation expanded the scope of copyright to include various forms of
creative works beyond literary works, such as musical compositions, dramatic
works, and artistic works. Following India's independence in 1947, efforts were
made to revise and modernize the copyright law to better reflect the needs and
interests of Indian creators and the public. The Copyright Act of 1957 was
enacted to replace the colonial-era legislation and provide a comprehensive
legal framework for copyright protection in independent India. This Act
established the basic principles of copyright law in India, including the
definition of copyright, the scope of protection, the duration of copyright,
and the rights of copyright owners. Subsequent amendments to the Copyright Act
have been made to address emerging challenges in the digital age, such as
digital piracy, online infringement, and the protection of digital content. The
evolution of copyright law in India reflects the country's commitment to
fostering creativity, promoting cultural exchange, and protecting the rights of
creators in a rapidly changing global landscape.
1. Originality: Copyright
protection is granted to original works of authorship that possess a minimal
degree of creativity. This originality requirement ensures that copyright
protects only works that are the product of creative expression, rather than
mere facts or ideas.
2. Fixed Form: Copyright
protection applies to works that are fixed in a tangible medium of expression,
such as writing, recording, or digital encoding. This requirement ensures that
copyright protects the expression of ideas rather than the ideas themselves.
3. Exclusive Rights:
Copyright grants creators a bundle of exclusive rights, including the right to
reproduce, distribute, perform, display, and create derivative works based on
their original creations. These rights enable creators to control how their works
are used and to derive economic benefits from their creative endeavors.
4. Limited Duration:
Copyright protection is not perpetual and is subject to a limited duration. In
most jurisdictions, copyright protection lasts for the life of the author plus
a certain number of years after their death. Once copyright expires, the work enters
the public domain and can be freely used by anyone.
5. Fair Use/Fair Dealing:
Copyright law typically includes exceptions and limitations to copyright
protection, such as fair use (in the United States) or fair dealing (in many
other countries). These exceptions allow for the use of copyrighted works
without the need for permission from the copyright owner under certain
circumstances, such as for purposes of criticism, commentary, news reporting,
teaching, scholarship, or research.
Copyright law plays a
vital role in fostering creativity, innovation, and cultural exchange by
providing incentives for creators to produce new works and ensuring that these
works are widely disseminated and enjoyed by the public. However, copyright law
also faces challenges in the digital age, such as the ease of copying and
distributing digital content and the complexities of enforcing copyright across
national borders. As technology continues to evolve, copyright law will
continue to adapt to address these challenges while upholding its core
principles of protecting creators' rights and promoting the public interest in
accessing and using creative world.
History of copyright law
in India
The history of copyright
law in India is intertwined with colonial rule, with significant developments
occurring under British influence. During the British colonial period, India
was subject to copyright legislation originating from England, aimed primarily
at protecting the interests of British authors and publishers.
The earliest legislative
efforts regarding copyright in India date back to the mid-19th century. The
British Parliament passed the Copyright Act of 1842, which extended copyright
protection to British authors in India. This act was followed by the introduction
of the Copyright Act of 1847 in India, which largely mirrored its British
counterpart and aimed to regulate the importation and publication of books in
India. However, these early laws were primarily concerned with controlling the
dissemination of British literature and did not focus on fostering creativity
among Indian authors.
In 1914, a significant
milestone was reached with the enactment of the Copyright Act of 1914 in India.
This legislation expanded the scope of copyright protection beyond literary
works to include other forms of creative expression, such as musical compositions,
dramatic works, and artistic works. The Copyright Act of 1914 provided a more
comprehensive framework for copyright protection in India and laid the
foundation for future developments in copyright law.
Following India's
independence in 1947, there was a growing recognition of the need to revise and
modernize the copyright law to better serve the interests of Indian creators
and the public. In 1957, the Indian Parliament passed the Copyright Act of 1957,
which replaced the colonial-era legislation and established a new legal
framework for copyright protection in independent India. This act introduced
key provisions defining copyright, specifying the scope of protection,
determining the duration of copyright, and delineating the rights of copyright
owners.
Since the enactment of the
Copyright Act of 1957, there have been several amendments and revisions to the
law to address evolving challenges and developments in technology and
international copyright standards. These amendments have sought to adapt copyright
law to the digital age, addressing issues such as digital piracy, online
infringement, and the protection of digital content.
Overall, the history of
copyright law in India reflects the country's journey from colonial rule to
independence and its ongoing efforts to balance the rights of creators with the
public interest in accessing and using creative works.
Copyright law in India
The Copyright Act of 1957
is the primary legislation governing copyright law in India. It has been
amended several times to accommodate changes in technology, international
agreements, and evolving societal needs. Here's an overview of the Copyright
Act of 1957 and its key provisions: Scope of Protection: The Copyright Act of
1957 provides protection for various types of works, including literary works
(such as books, articles, and computer programs), musical works, dramatic
works, artistic works (including paintings, sculptures, and photographs),
cinematographic films, sound recordings, and broadcasts.
Ownership and Duration of
Copyright: Copyright protection is generally granted to the author or creator
of the work, with certain exceptions for works made in the course of employment
or commissioned works. The duration of copyright protection varies depending on
the type of work. In most cases, copyright protection lasts for the lifetime of
the author plus 60 years after their death.
Rights of Copyright
Owners: The Copyright Act grants copyright owners several exclusive rights,
including the right to reproduce the work, communicate it to the public, adapt
it, and distribute copies of the work. These rights enable creators to control how
their works are used and to derive economic benefits from their creative
endeavors. Exceptions and Limitations: The Act includes certain exceptions and
limitations to copyright protection, such as fair dealing for purposes such as
research, private study, criticism, review, or news reporting. These exceptions
balance the rights of copyright owners with the public interest in accessing
and using copyrighted works.
Registration and
Enforcement: While copyright protection exists automatically upon the creation
of a work, the Act provides for the voluntary registration of copyrights with
the Copyright Office. Registration can serve as evidence in legal proceedings
and is required for certain remedies in case of infringement. The Act also
outlines procedures for the enforcement of copyright claims through civil and
criminal proceedings.
International Treaties:
The Copyright Act of 1957 incorporates provisions to comply with international
treaties and agreements related to copyright, including the Berne Convention
for the Protection of Literary and Artistic Works and the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS).
Amendments: Since its
enactment, the Copyright Act of 1957 has undergone several amendments to keep
pace with technological advancements and international developments in
copyright law. These amendments have addressed issues such as digital piracy,
online infringement, and the protection of performers' rights.
The Copyright Act of 1957
serves as the cornerstone of copyright law in India, providing a comprehensive
framework for the protection of intellectual property rights. Enacted to
replace colonial-era legislation, this law governs various creative works including
literary, musical, dramatic, and artistic creations, as well as cinematographic
films, sound recordings, and broadcasts. Under this legislation, copyright
protection is generally granted to the creators or authors of works, with
exceptions for works made in the course of employment or commissioned works.
The Act specifies the duration of copyright protection, typically lasting for
the lifetime of the author plus 60 years after their death. It grants copyright
owners exclusive rights to reproduce, communicate to the public, adapt, and
distribute their works, enabling them to control the use and distribution of
their creations. While copyright protection is automatic upon the creation of a
work, voluntary registration with the Copyright Office is available and can
provide additional legal benefits. The Act includes provisions for exceptions
and limitations to copyright protection, such as fair dealing, balancing the
rights of copyright owners with the public interest in accessing and using
copyrighted works. Furthermore, the Act incorporates provisions to comply with
international treaties and agreements related to copyright, ensuring alignment
with global standards. Over the years, the Copyright Act of 1957 has been
amended to address emerging challenges such as digital piracy and online
infringement, reflecting India's commitment to fostering creativity,
innovation, and cultural exchange within a rapidly evolving global landscape.
Berne Convention and the
Universal Copyright Convention:
The Berne Convention,
adopted in 1886 in Berne, Switzerland, is one of the oldest and most important
international treaties governing copyright law. Its primary aim is to establish
a framework for the protection of literary and artistic works among member
countries. Key features of the Berne Convention include National Treatment: The
convention requires member countries to provide foreign creators with the same
level of protection as their own nationals. This principle, known as
"national treatment," ensures that creators from member countries
receive equal protection regardless of their nationality.
Automatic Protection: The
convention provides automatic copyright protection upon the creation of a work,
without the need for registration or other formalities. This principle of
automatic protection ensures that creators' rights are recognized and enforced
without undue bureaucratic hurdles.
Minimum Standards of
Protection: The Berne Convention establishes minimum standards of protection
that member countries must adhere to, including the duration of copyright
protection, the rights of authors, and limitations on copyright exceptions.
Rights Granted: The
convention grants authors several exclusive rights, including the right to
reproduce, distribute, display, and perform their works. These rights enable
authors to control the use and exploitation of their creations and derive
economic benefits from their intellectual property.
Recognition of Moral
Rights: The Berne Convention recognizes authors' moral rights, such as the
right to attribution and the right to integrity of the work. These moral rights
protect authors' reputations and ensure that their works are not subjected to derogatory
treatment.
International Enforcement:
The convention facilitates international cooperation and enforcement of
copyright law among member countries. It establishes mechanisms for resolving
disputes and enforcing copyright claims across national borders.
Universal Copyright
Convention (UCC)
The Universal Copyright
Convention, adopted in 1952 under the auspices of the United Nations
Educational, Scientific and Cultural Organization (UNESCO), is another
important international treaty governing copyright law. While the Berne
Convention focuses on minimum standards of protection, the UCC provides a more
flexible framework for international copyright relations. Key features of the
Universal Copyright Convention include Voluntary Membership: Unlike the Berne
Convention, which has over 170 member countries, membership in the Universal
Copyright Convention is voluntary. This allows countries to choose whether to
join the convention and adopt its principles.
Mutual Recognition of
Rights: The UCC establishes principles of mutual recognition and reciprocity
among member countries. While it does not require national treatment, it
encourages countries to extend copyright protection to works of authors from
other member countries.
Minimum Standards: Like
the Berne Convention, the UCC sets minimum standards of protection for literary
and artistic works. However, these standards are generally less stringent than
those of the Berne Convention, allowing for greater flexibility in implementation.
Flexibility in Enforcement: The UCC provides flexibility in enforcement and
allows member countries to implement copyright protection according to their
national laws and priorities. This flexibility accommodates differences in
legal systems and cultural contexts among member countries.
Promotion of International
Cooperation: While the UCC does not establish a comprehensive system of
international enforcement like the Berne Convention, it promotes international
cooperation and dialogue on copyright issues. It provides a forum for countries
to exchange information and best practices in copyright law and
enforcement. Overall, both the Berne
Convention and the Universal Copyright Convention play important roles in
shaping international copyright law and promoting the protection of
intellectual property rights on a global scale. While the Berne Convention sets
minimum standards of protection and emphasizes automatic protection and
national treatment, the Universal Copyright Convention provides a more flexible
framework for international copyright relations and encourages mutual
recognition among member countries.
Subject matter of
protection
The subject matter of
protection in copyright law refers to the types of creative works that are
eligible for copyright protection. Different copyright laws around the world
may have slightly different definitions and categories of protected works, but
generally, the subject matter of protection includes the following: Literary
Works: This category encompasses written works of any kind, including novels,
short stories, poems, essays, articles, blog posts, and computer programs.
Literary works are protected by copyright if they are original and fixed in a
tangible form of expression. Musical Works: Musical works refer to compositions
consisting of music, whether with or without words. This category includes
songs, instrumental pieces, melodies, and musical scores. Copyright protection
extends to both the musical composition itself and any accompanying lyrics.
Dramatic Works: Dramatic works encompass plays, scripts, screenplays,
choreographic works, pantomimes, and other works intended for performance.
copyright protection
covers the dialogue, characters, plot, and other elements of dramatic expression.
Artistic Works: Artistic works include visual arts and crafts, such as
paintings, drawings, sculptures, photographs, graphic designs, architectural
works, and applied art. Copyright protection extends to the visual
representation or expression of ideas and concepts. Cinematographic Films: Cinematographic films
consist of sequences of moving images recorded on any medium, including film,
videotape, digital media, or other formats. Copyright protection covers the
entire film, including the screenplay, direction, cinematography, editing, and
sound recording. Sound Recordings: Sound recordings are fixed representations
of sounds, whether musical, spoken, or other auditory expressions. This
category includes recordings of music, spoken word, lectures, speeches, and
other audio content. Copyright protection extends to the recording itself,
separate from any underlying musical or literary work. Broadcasts: Broadcasts
refer to transmissions of sounds or images intended for public reception,
including radio broadcasts, television broadcasts, internet streaming, and
other forms of dissemination. Copyright protection covers the transmission of
the broadcast signal and may also extend to the content being broadcast.
These categories represent
the primary subject matter of protection in copyright law, but copyright laws
may also protect other types of works, such as databases, compilations,
performances, and derivative works. The eligibility for copyright protection depends
on factors such as originality, fixation in a tangible medium, and compliance
with statutory requirements.
Now a day the subject
matter of protection of Copyright is same throughout the globe because. copyright
is become of international nature and due to advancement of technology any one
can. violate the rights of others from any part of the world. As per different
sub-sections of section 2 of Copyright Act,1957 and judicial interpretations
from time to time many matters are eligible to get the protection. Analyzing
all the classifications and categorizations of the works as provided under different
sub-Sections of Section 2 of the Copyright Act, 1957 and taking reference from
the judicial views of different High Courts and the Supreme Court of India, the
following heads of copyrighted and related works will enjoy copyright
protection under the current up to date.
works.
o Work
o Dramatic works.
o Musical works.
o Artistic work including
sculpture, painting, engraving, architect, and all Literacy works were
artistic.
o craftsmanship is involved.
o Cinematograph film.
o Sound recording.
o Literary, dramatic works
or musical works in the form of computer programming or
o computer generated program
including computer software.
o Adaptation, Translation
and Reproduction of work.
o Creating unpublished
works.
o Foreign works including
the works of international Organization.
o Literary works such as
poems, articles, works of fiction, factual works such as
o encyclopedias as
dictionaries etc.
o Thus, question papers set
for the examination.
o Research theses and
dissertations prepared by students.
o Compilation of a book on
household and accounts and domestic arithmetic.
o Schools textbooks.
o Guidebooks.
o Dictionary.
o A book of scientific
questions and answers.
o Questionnaire for
collecting statistical information.
o Head notes of a judgment;
and
o Lecture notes have all
come under the class of literary works entitles for copyright protection.
o Musical work such as songs
operas, instrumental music etc.
o Works of art and
architecture.
o Photographs, technical
drawings, motion picture (Cinematograph film), computer program
o etc.
o Live performance of a
drama fixed in a storage device such as a compact disk etc.
Registration of Copyright
Under Indian law,
registration is not a prerequisite for acquiring a copyright in a work. A
copyright
in a work is created when
the work is created and given a material form, provided it is original.3 The Copyright
Act provides for a copyright registration procedure. However, unlike the U.S.
law, the Indian law registration does not confer any special rights or
privileges with respect to the registered. copyrighted work. The Register of
Copyright acts as prima facie evidence of the particulars entered. therein. The
documents purporting to be copies of the entries and extracts from the Register
certified. by the Registrar of Copyright are admissible in evidence in all
courts without further proof of original. Thus, registration only raises a
presumption that the person in the Register is the actual author, owner, or
right holder. The presumption is not conclusive. But where contrary evidence is
not forthcoming, it is not necessary to render further proof to show that the
copyright vests in the person. mentioned in the Register. In infringement suits
and criminal proceedings, when time is of essence to tain urgent orders, registration is of
tremendous help. Copyright notice is not necessary under the Indian law to
claim protection.
However, registration of
works is not a condition precedent to avail copyright protection.
Registration serves as a
prima facie evidence of copyright ownership in the Court of Law. In the case of
Asian Paints (I) Ltd. Vs Jaikishan Paints & Allied Products, the High Court
of Bombay has observed:
"Registration under
the Copyright Act is optional and not compulsory. Registration is not necessary.
to claim a copyright. Registration under the Copyright Act merely raises prima
facie presumption. in respect of the particulars entered in the Register of
Copyright. The presumption is however not. conclusive. The Copyright subsists
as soon as the work is created and given a material form even if it. is not
registered".
In Blackwood v. Parasuraman,
2 Madras High Court held
that: "translation of literary work is itself. A literary work and is
entitled to copyright protection; reproduction of publication of translation
without consent or license of the owner of copyright in the original would amount
to infringement."
_________________________________________
_AIR 1959 MAD 410.
3Section 45, Copyright Act, 1957
42002 (6) Born CR 1: (2002) 4 Born LR 941: 2002(4) MAH L
_AIR 1959 MAD 410.
3Section 45, Copyright Act, 1957
42002 (6) Born CR 1: (2002) 4 Born LR 941: 2002(4) MAH L
Duration/Term of Copyright
In the case of original
literary, dramatic, musical and artistic works, the duration of copyright is
the lifetime of the author or artist, and 60 years counted from the year
following the death of the author.5 In the case of cinematograph films, sound
recordings, photographs, posthumous publications, anonymous and pseudonymous
publications, works of government and works of international organizations are
protected for a period of 60 years which is counted from the year following the
date of publication. Assignment of Copyright As mandated by Section 19, no
assignment of copyright shall be valid unless such assignment is inwriting and
signed by the assignee and the assignee. Such assignment ought to identify:
?the work and the rights
assigned,
?the territorial extent
and,
?the duration of the
assignment Where, the territorial extent and the duration of the assignment has
not been specified, it shall be deemed that the assignment extends to the
territory of India and the duration of assignment is for a period of five years
respectively.
Under Section 18 of the
Copyright Act, even the copyright in a future work can be assigned in
accordance with Section however, such assignment shall come into effect only
upon date of creation of the work. It has now been added by the Amendment that
no assignment shall be applied to any medium or mode of exploitation of the
work, which did not exist or was not in commercial use at the time when the
assignment was made, unless the assignment specifically referred to such medium
or mode of exploitation of the work. Section 22, Copyright Act, 1957.
6Assignment of copyright.— The owner of the copyright in an existing work or
the prospective owner of the copyright in a future work may assign to any
person the copyright either wholly or partially and either generally or subject
to limitations and either for the whole term of the copyright or any part
thereof: Provided that in the case of the assignment of copyright in any future
work, the assignment shall take effect only when the work comes into existence… Mode of assignment. —No assignment of the
copyright in any work shall be valid unless it is in writing signed by the
assignor or by his duly authorized agent. The assignment of copyright in any
work shall identify such work and shall specify the rights assigned and the
duration and territorial extent of such assignment… Infringement of a Copyright A copyright is
infringed if a person without an appropriate license does anything that the owner
of the copyright has an exclusive right to do. However, there are certain
exceptions to the above rule (e.g., fair dealing). The Copyright Act provides
for both civil and criminal remedies for copyright infringement. When an
infringement is proved, the copyright owner is entitled to remedies by way of
injunction, damages, and order for seizure and destruction of infringing
articles.
Enforcement of Copyright
in India the law of copyright in India not only provides for civil remedies9 in
the form of permanent injunction, damages or accounts of profits, delivery of
the infringing material for destruction and cost of the legal proceedings. etc.
but also makes instances of infringement of copyright, a cognizable offence
punishable with for a term which shall not be less than six months, but which
may extend to three years with a fine which shall not be less than INR 50,000
but may extend to INR 2,00,000. For the second and subsequent offences, there
are provisions for enhanced fine and punishment under the Copyright Act.
The (Indian) Copyright
Act, 1957 gives power to the police authorities to register the Complaint
(First Information Report, i.e., FIR) and act on its own to arrest the accused,
search the premises of the accused and seize the infringing material without any
intervention of the court.
Digital impact on
copyright law in INDIA and USA
India:
The advent of digital
media has revolutionized the landscape of copyright law in India, presenting
both opportunities and challenges for creators, rights holders, and
policymakers. With the widespread availability of the internet and digital
platforms, access to copyrighted content has become more accessible than ever
before. However, this increased accessibility has also led to rampant digital
piracy, with unauthorized copying and distribution of movies, music, software,
and other creative works being prevalent across online platforms. India's
copyright law, as embodied in the Copyright Act of 1957, has faced significant
pressure to adapt to the digital environment. In response, legal reforms have
been introduced to strengthen copyright enforcement and combat online
infringement. Amendments to the Copyright Act, such as the incorporation of
provisions related to digital rights management (DRM) and intermediary
liability, aim to address the challenges posed by digital piracy and protect
the interests of rights holders. Additionally, India's international
obligations, including commitments under the Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS) and the WIPO Copyright Treaty, have
influenced the country's approach to copyright enforcement in the digital age.
Access and Distribution: The proliferation of
digital media has significantly increased access to copyrighted works in India.
With the rise of the internet and digital platforms, consumers can easily
access and distribute content, leading to challenges in enforcing copyright law.
Digital Piracy: India faces substantial
challenges with digital piracy, with widespread unauthorized copying and
distribution of copyrighted material, including movies, music, and software.
Online piracy platforms and peer-to-peer networks facilitate the illegal sharing
of copyrighted content, resulting in significant revenue losses for rights
holders.
Legal Reforms: In response to the
challenges posed by digital piracy, India has introduced legal reforms to
strengthen copyright enforcement and combat online infringement. Amendments to
the Copyright Act, such as the insertion of provisions related to digital
rights management (DRM) and intermediary liability, aim to address the
unauthorized distribution of copyrighted content online.
International Obligations: India's copyright law
has been influenced by international obligations, including commitments under
the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
and the WIPO Copyright Treaty. These agreements require India to provide effective
enforcement mechanisms against copyright infringement, including in the digital
environment.
USA:
In the United States, the
impact of digital media on copyright law has been profound, reshaping the way
intellectual property is created, distributed, and consumed. The rise of
digital media has led to the development and adoption of technologies such as
digital rights management (DRM) to protect copyrighted works from unauthorized
use and distribution. Online streaming services like Netflix, Amazon Prime
Video, and Spotify have transformed the entertainment industry, offering
consumers access to vast libraries of content through licensing agreements with
copyright owners. However, digital media has also raised complex legal issues,
particularly regarding fair use and digital sampling. Courts in the USA have
grappled with determining the boundaries of fair use in cases involving the use
of copyrighted material in digital works such as music, videos, and memes.
Additionally, the Digital Millennium Copyright Act (DMCA) provides a legal
framework for addressing online copyright infringement, including the notice-and-takedown
system for removing infringing content from online platforms. The DMCA's safe
harbor provisions offer protection to internet service providers and online
platforms, balancing the interests of copyright owners with the need to foster
innovation and freedom of expression in the digital environment.
Digital Rights Management
(DRM): In
the USA, digital media has prompted the development and adoption of
technologies such as DRM to protect copyrighted works from unauthorized use and
distribution. DRM technologies enable copyright owners to control access to
their content and impose restrictions on how it can be used or shared.
Online Streaming and
Licensing:
The rise of digital media has transformed the entertainment industry in the
USA, with the growth of online streaming services such as Netflix, Amazon Prime
Video, and Spotify. These platforms rely on licensing agreements with copyright
owners to distribute content legally, generating new revenue streams and
business models for rights holders.
Fair Use and Digital
Sampling:
Digital media has also raised questions about the application of fair use
principles in copyright law, particularly in the context of digital sampling
and remix culture. Courts in the USA have grappled with determining the
boundaries of fair use in cases involving the use of copyrighted material in
digital works such as music, videos, and memes.
DMCA and Safe Harbor: The Digital Millennium
Copyright Act (DMCA) in the USA provides a framework for addressing online
copyright infringement, including the notice-and-takedown system for removing
infringing content from online platforms. The DMCA also includes safe harbor
provisions that shield internet service providers and online platforms from
liability for copyright infringement by their users under certain conditions.
In both India and the USA,
the impact of digital media on copyright law and infringement is multifaceted,
requiring ongoing adaptation and reform to address the challenges and
opportunities presented by the d
Some Solutions To Address
Copyright Infringement
In The Digital Age:
Enhanced Enforcement: Strengthening
enforcement mechanisms to combat digital piracy is crucial. This includes
allocating resources for specialized law enforcement units and implementing
technologies for monitoring and detecting online copyright infringement.
Collaboration between government agencies, law enforcement, and copyright
holders can help streamline enforcement efforts and improve effectiveness.
Public Awareness and
Education:
Educating the public about the importance of respecting copyright laws and the
consequence of piracy is essential. Awareness campaigns can help foster a
culture of respect for intellectual property rights and discourage individuals
from engaging in or supporting copyright infringement. These campaigns can
target consumers, creators, educators, and businesses alike.
Technological Solutions: Embracing technological
solutions such as digital rights management (DRM), watermarking, and content
recognition technologies can help deter copyright infringement and protect
digital content. These technologies enable copyright holders to control access
to their content and track its distribution across digital platforms.
Legal Reforms: Updating and amending
copyright laws to address the challenges posed by digital piracy is necessary.
This may include clarifying liability for internet service providers and online
platforms, introducing stricter penalties for copyright infringement, and
modernizing copyright regulations to accommodate digital distribution models.
International Cooperation: Enhancing international
cooperation and collaboration among countries is crucial for addressing
cross-border copyright infringement. This includes harmonizing copyright laws,
sharing best practices for enforcement, and facilitating information exchange
and mutual assistance among law enforcement agencies.
Promotion of Legal
Alternatives: Providing accessible and affordable legal alternatives to piracy can
help reduce copyright infringement. This may include expanding licensed
streaming services, offering fair pricing models, and simplifying licensing
processes for content creators and distributors.
Support for Creators: Supporting and
empowering creators by providing them with tools, resources, and incentives to
protect their works and earn a fair income is essential. This may involve
establishing platforms for creators to monetize their content, offering legal
assistance for copyright enforcement, and promoting initiatives that recognize
and reward creative contributions.
By implementing these
solutions in a coordinated manner, countries can mitigate the impact of digital
piracy, protect intellectual property rights, and foster a sustainable
ecosystem for creativity and innovation in the digital age.
STATEMENT OF THE PROBLEM
There is an acute lack of
awareness on various issues relating to copyright and related issues. The
awareness of Intellectual Property (IP) Laws is considerably low among the
enforcement authorities in India, and most of the IP litigation is confined to metropolitan
cities owing to which the major section of the society is deprived of legal
remedies as provided by the copyright act and it needs to be determined that
whether the ones filing under the copyright act are vested with remedy or not!
Scope of study
This study aims at
critically evaluating the various facets of copyright law in India including
the historical background of the Copyright law in India as well as keeping in
view the international perspective. The study also aims at understanding the
concept of copyright infringement and various remedies provided therein.
_____________________________
Section 51, Copyright Act,
1957
9 Section 55, Copyright
Act, 1957 10Section 63 A, Copyright Act,
1957
OBJECTIVES OF THE STUDY
The Research aims:
·
To study the concept of copyright.
·
To study the application of copyright law in India.
·
To study the impact of registration of copyright.
·
To study the infringement of copyright and the penal
provisions provided therewith.
·
To study the remedies available at the instance of
infringement of copyright.
·
To study the emerging trends in copyright Law in India.
Hypothesis- The copyright
law in India can curb copyright infringement instances.
METHODOLOGY
The paper is an attempt of
doctrinal research, towards the “Copyright Law in India: Critical Analysis. The
researcher has taken help of both primary and secondary sources. The primary sources
include – Statutory legislations, Regulations: International and National
Judgments. The secondary sources include – articles, journals, books,
newspapers and websites etc.
REVIEW OF LITERATURE
In an attempt to frame a
detailed note on critical appraisal on copyright laws in India, the researcher.
has consulted the following books in compilation of this researcher work: -
1) Narayanan, Intellectual
Property law, ed. 1997.
2) P.S. Sangal and K.
Ponnusamy, Intellectual property law ed. 1994.
3) S. R. Myneni, Law of
Intellectual property ed. 2001.
4) W.R. Cornish,
intellectual property ed. 1999
5) Agreement established
world trade organization (WTO)
6) Draft treaty on
copyright of electronic record 1990
Organization of chapters
In this study, an attempt
has been made to examine and evaluate the provisions of the Copyright Act, 1957
and the amendments made therein. The present study has been divided into 6
chapters.
The concept and
significance of copyright protection has been examined in First Chapter. An
attempt would be been made to explain the meaning of copyright and to define
its need and scope. For proper appreciation and understanding, the historical
background and different international Conventions. have been proposed to be
discussed under the chapter.
The Second Chapter deals
with the international regime of the Copyright Law. In this chapter, the
different conventions and
treaties would be discussed.
The Third Chapter deals
with the Utility of Berne Convention for the protection of literary and Dramatic
works. An attempt has been made to analyze the different articles of the
convention which. prescribes National treatment to the copyright holders.
The Fourth Chapter deals
with the exclusive features of the copyright Law in India. It deals with the framing
of the provisions related to copyrights which are conferred and protected in
India by the Copyright Act, 1957. An attempt has also been made to analyze the
subject matter of copyright and copyright and ownership of copyright.
The Fifth Chapter deals
with the copyright infringement and remedies provided under the copyright.
Law. The various exclusive
rights of copyright owner, the infringement of these rights and remedies available
to the copyright owner would be discussed.
The last chapter, i.e.,
sixth chapter deals with the conclusion and suggestions of the study. Here, an attempt
has been made to draw conclusion from the present study and to provide
suggestions for protection of copyright in India. throughout this study, the relevant
provisions of the legislations, pertaining to the copyright Law, have been
xamined and evaluated. The important judicial Pronouncements of the various
High courts and Supreme Court of India have been referred to, analyzed, and
evaluated at the appropriate places.
References
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digital public domain: Foundations for an open culture." Edward Elgar
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'Radical Extremism' to 'Balanced Copyright': Canadian Copyright and the
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Aufderheide. "Reclaiming fair use: How to put balance back in
copyright." University of Chicago Press, 2018.
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law in an age of limitations and exceptions: The case of digital
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copyright." Law & Contemporary Problems 56 (1993): 147-160.
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"Defense against the dark arts of copyright trolling." Columbia
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Article Information
COPYRIGHT LAW IN INDIA; “THE CRITICAL ANALYSIS OF COPYRIGHT ACT 1957
Authors: ANISHA KUMARI, PRIYANKA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/10
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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