Introduction:
In layman’s language, Copyright means “legal right to control the production and selling of music, book, play, film, or any piece of original work”.
The Copyright Act 1957, accompanied by the Copyright Rules 1958 (the Rules), is the law governing the protection of copyright in India. Substantial changes to the Copyright Act were introduced in 2012. India practices a common legal framework, such that it depends on case law to define and set precedents in law and that judicial decisions lead to the origins of copyright law in India.
Copyright is a form of incorporeal/ intellectual property rights given under the Indian law to creators of original works of authorship, such as literary works (including computer programs, compilations, and tables, including computer databases, which may be represented in codes, words, schemes or in some other type, including a machine-readable medium), dramatic, musical and creative works, cinematographic films, etc.[1]
Today, thanks to the internet and technologies, our work is freely accessible worldwide. It can be both beneficial and detrimental to the relative parties. One must recognize the correct ethical and legal requirement to protect one’s work and regard for others. Understanding the fundamental rules of copyright law is also a matter of great significance.
It’s a general rule that copyright lasts for 60 years.
Indian Perspective of Copyright
The Copyright Act, 1957 confers rights on copyright in the following two forms:
- Economic Rights: Original literary, dramatic, musical, and artistic works; cinematographs films and sound recordings.
- Moral Rights: Right of Paternity, Right of Integrity.
Economic Rights
Copyright includes original literary, dramatic, musical, and artistic works; film, and sound recordings. The holders of copyright in the works referred to above shall enjoy the economic protection under section 14 of the Act.[2] Clause (a) of section 13 protects original works whereas clauses (b) and (c) protect derivative works.
Below are the specific categories that can be summarized as follows:
Literary Work:
The term ‘literary work’ applies to works in print or writing, regardless of the nature of the form of the art. The original creation of literature, which can be of some form, such as fiction, history, scientific books or text, novel, screenplay, essay, academic work, charts, compilations, and computer programs like electronic databases.
The 1994 amendment has given for an expanded description by stipulating that ‘literary work’ comprises ‘computer systems, tables and compilations, including data basis.’[3]
In the case of University of London Press Ltd. v/s University Tutorial Press Ltd, the court held that the term ‘literary work’ included work which was presented in print or writing, regardless of whether the content or style was good. Copyright Acts are not only concerned with the originality of different ideas, but with the expression of thoughts. The necessary originality relates to the expression of the mind. Nevertheless, the Act does not demand that the expression should be in a novel and original form, or that the work should not be copied from another work.[4]
Dramatic Work:
Dramatic work is described as involving ‘choreographic work or entertainment in a dumb series, if reduced to writing in the manner in which the work or entertainment is performed, in the Act of 1956.[5]
‘Dramatic work’ is worthy of being written or printed or reduced to a permanent nature, subject, though, to such a reduction that it discloses a plot or story and specifies how it can be conveyed, i.e. either by speech or by action. The result of this kind of work is called a dramatic performance.
Dramatic work is often a kind of literary work that involves any piece for recitation, or the arranging of presenting a story/ play, choreography or dumb show entertainment, a scenic arranging or a work of acting based on a set piece of literature. However, it doesn’t include a film in cinematography.
Note: According to section 24 (2) of Indian Copyright Act, If a dramatic work remains unpublished on the date of the death of the author, the publication of the work shall be made public after the death of the author and the rules about “posthumous works” shall apply.[6]
This should be noticed that at no point were the gags of the actor acknowledged under copyright rules. The word ‘Gag’ is used to describe a minor event or series of minor events, typically of a humorous sort, closely linked to and executed through movements and intonations.[7]
In the case of Tale V. Full brook[8], Lord Justice Voughan William observed that Gag cannot be within the scope of the act; if it was then the authors would be an artist, not a writer, nor would it make any sense if they (actor and the author) were the same person. An act does not include linguistic changes and modifications that range from week to week and, likely, from night tonight, with a view of keeping up with the events of the day.
Cinematograph Flim:
Cinematograph film means any work of visual recording on any medium created by a method by which a moving image can be created by any involves and requires a sound recording accompanied by any visual recording and “cinematograph” shall be defined as including any work generated by any process similar to cinematography, including video films.
Musical Work:
In Indian Copyright Act 1957, ‘musical work’ has defined as any blend of melody and harmony, or either of them, printed reduced to writing, or otherwise graphically created or reproduced “means that musical compositions are specifically limited to those that are printed or written.[9]
It was a matter of question before like if X improvises a tune in the presence of Y, what Y keeps in his mind and eventually publishes, X has copyright in the music so he will sue Y for violating, presumably, X has no copyright in his song, and in any event, the challenges of proving that Y’s published work is a violation of X’s improvised music would be quite high insurmountable. This problem has been solved by 1994 Indian amendment as it has added a new term that is much broader than the former one, “Musical Work” now means “work consisting of music which includes any graphic notation of that work, which does not contain some words or an action meant to be sung, spoken or performed with music
Artistic Work:
It is defined in section 2 of the Copyright Act, copyright of the work of art remains in an original artistic work composed of sketches, painting, sculptures, graphics, cartoons, drawings, etchings, lithographs, images, drawings, drawings, maps, diagrams, tables, diagrams, and buildings, models of houses, moldings and sculpture casts.
Note: The duration of protection of copyright in case of literary work, artistic work, musical work, dramatic work, Copyright ends 60 years after the completion of the calendar year in which the creator died. Where a work is co-authored, 60 years from the end of the calendar year in which the last known author dies. Where the name of the author is uncertain, copyright shall lapse 60 years from the end of the calendar year in which the document was first written.
Sound Recordings:
Sound recording means the recording of sounds by which the sound can be created, irrespective of the instrument on which the recording is made or the process by which the sound is created. The video files include a phonogram and a CD-ROM. In the case where the sound recording already contains music, permission must be received from the author of the music work.
It was held by the Supreme Court of India that Section 14(a) of Copyright Act, 1957 cannot be interpreted to mean that right of the producer of sound recording to communicate his work to the public under Section 14(e) (iii) of the act is lost.
In the case of the International Confederation of Societies of Authors and Composers v/s Aditya Pandey[10] , the Court ruled that the license or authorization of the Phonographic Performing Rights Society and Indian Performing Rights Society is necessary in the event where the defendants wish to perform or express any music in public.
The duration of the protection of Copyright in case of a sound recording is that copyright shall continue for 60 years from the beginning of the calendar year following the year in which the sound recording has been published.
Moral Rights
• Right to Paternity: To claim authorship of work and prevent others from claiming.
• Right to Integrity: Prevent the destruction of work by others.
Note: The clause of Article 57(1) states that the applicant shall have no right to restrict or demand damages in respect of any modification of a computer system to which Article 52(1) (a) refers (i.e. reverse engineering of the same kind).[11]
Conclusion
The object of copyright is to protect the rights of the creator and to provide the creator, the incentives, and the economic benefits they deserve. The reach of copyright is extended to literary, dramatic, cinematographic, musical, or artistic works that involve imagination, including the Database and computer applications. If a party infringes someone’s copyrighted material, he or she will be responsible for both criminal damages and civil liability. There are, however, some exceptions to the violation of copyright, i.e. in certain cases an individual is not allowed to seek permission from the copyright holder to use his work.
It must be remembered that the failure to print or show work for the satisfaction of the author shall not be treated as a violation of the rights granted by this clause. The legal representatives of the publisher may exercise the privileges bestowed by section 57(1) on the author of the work, rather than the right to assert the authorship of the work.[12]
“That person is a failure who steals the science of a scientist and claims that he is the owner.” – Kamaran Ihsan Salih[13]
[1]Kumar Sunkar, Mahendra. “Copyright Law in India – Copyright Office, Copyright Act.” Www.Legalserviceindia.Com, www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html#:~:text=Copyright%20law%20protects%20expressions%20of.
[2] Section 14 of Indian Copyright Act, 1957
[3] Indian Copyright (Amendment) Act, 1994, Section 2 (0).
[4] University of London Press Ltd v University Tutorial Press Ltd [1916] 2 Ch 601
[5] U.K. Copyright Act, 1956, Section 48 (1).
[6] Indian Copyright Act 1957, Section 24 (2).
[7] Bloom & Hamlin V. Nixon 125 Fed. 977 (1903).
[8] (1908) 1 King’s Bench Divison 821.
[9] Indian Copyright Act 1957, Section 2 (p).
[10] International Confederation Of … vs Aditya Pandey & Ors on 20 September, 2016
[11] Indian Copyright Act 1957, Section 57.
[12] Supra note 11
[13] Ihsan Salih, Kamaran. “Kamaran Ihsan Salih.” Www.Goodreads.Com, 29 2016, www.goodreads.com/kamaranihsansalih. Accessed 16 July 2020.International Confederation Of … vs Aditya Pandey & Ors on 20 September, 2016.
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