ASSIGNMENT

INTRODUCTION TO LAW
RESEARCH PAPER ON
COPYRIGHT ACT-1957
MADE BY:
Ravinder Gupta (19BCOM34)

Abstract
Copyright is a branch of intellectual property rights and an exclusive right given by the judiciary
to the creator of his creation. As a creator his rights to enjoy financial and other benefits
associated as per the law over the creation. Violation of copyright law would cause several
judiciary consequences. On the other hand, law permits libraries to use copyright material for
research and academic purpose without any permission from the copyright holder. Further, any
violation or an infringement of fair use of literary resources is punishable under copyright act.
 Mehodology
We have used secondary sources of data for conducting this research:
 Wikipedia
 Copyright act 1957 document
 Some research papers

Research questions
 What is copyright?
 What is required for works to qualify for copyright protection?
 What do copyright act gives to the copyright holder?
 What are the remedies available against copyright infringement in India?
 How copyright act was introduced in India?

What is copyright?
Copyright is a heap of rights given by the law to the makers of abstract, sensational, melodic and
imaginative works and the makers of cinematograph movies and sound recordings. The rights
gave under Copyright law incorporate the privileges of multiplication of the work,
correspondence of the work to the general population, adjustment of the work and interpretation
of the work. The degree and length of insurance furnished under copyright law changes with the
idea of the secured work.
In a 2016 copyright lawsuit, the Delhi High Court expresses that copyright is "not an
unavoidable, heavenly, or normal right that presents on creators the outright responsibility for
manifestations. It is structured rather to animate movement and progress in expressions of the
human experience for the scholarly improvement of people in general. Copyright is planned to
increment and not to block the reap of information. It is proposed to rouse the innovative
movement of creators and innovators so as to profit the general population.

What types of works are protected under copyright act 1957?

The Indian copyright law protects literary works, dramatic works, musical works, artistic works,
cinematograph films and sound recording.

Duration of copyright protection under the copyright Act 1957

  Literary, dramatic, musical and artistic works are covered for lifetime of the author +
sixty years from the beginning of the calendar year net following the year in which the
author dies.
 Anonymous and pseudonymous works, posthumous work, cinematograph films, sound
records, government work, public undertakings, international agencies, photographs are
covered until sixty years from the beginning of the calendar years next following the year
in which the work was first published.

What is required for works to qualify for copyright protection?

Any work which falls under any of the categories mentioned above and the work seeking to be
copyrighted must be original; however, it is not necessary that the work should have some
original thought or idea. The law is only concerned about the originality of the expression of
thought.

What rights do copyright act gives to the copyright holder?

A copyright gives protection to the creator and its representations for the works and
prevents such works from being copied or reproduced by anyone without his or her consent.
The copyright holder can prohibit or anyone to:
 Reproduce the add any form like print, sound, video etc
 Use the work for a public perfor=mance, sort of an act or a musical performance
 Make copies or recording of the work like compact discs, cassettes etc.
 Broadcast it in various forms
 Translate an equivalent to other languages

Ownership of copyright under copyright act 1957

The creator of a work is commonly considered as the primary proprietor of the copyright under
the Copyright Act 1957. Nonetheless, for works made over the span of a creator's work under a
"contract of administration" or apprenticeship, the business is considered as the primary
proprietor of copyright, without any consent despite what might be expected.

The idea of joint origin is perceived in Section. 2(z) of the Act which gives that "a work created
by the coordinated effort of at least two creators in which the commitment of one creator isn't
particular from the commitment of the other creator or creators" is a work of joint initiation. This
idea has been clarified in cases like Najma Heptulla v. Situate Longman Ltd. what's more, Ors.
Section 19 of the Copyright Act 1957 sets out the methods of task of copyright in India. Task
must be recorded as a hard copy and should indicate the work, the time of task and the domain
for which task is made. In the event that the time of task isn't indicated in the understanding, it
will be esteemed to be 5 years and if the regional degree of task isn't determined, it will be dared
to be restricted to the domains of India. In an ongoing judgment (Pine Labs Private Limited
versus Gemalto Terminals India Limited), a division seat of the Delhi High Court affirmed this
position and held that in cases wherein the length of task isn't determined, the span will be
esteemed to be five years and the copyright will return to the creator following five years.

exceptions to copyright infringement in India

The Copyright Act 1957 excludes certain acts from the ambit of copyright infringement. While
numerous individuals will in general utilize the term reasonable use to signify copyright special
cases in India, it is a factually off-base use. While the US and certain different nations follow the
wide reasonable use special case, India follows an alternate methodology towards copyright
exceptions.India follows a half and half methodology that permits reasonable managing any
copyrighted work for certain explicitly referenced purposes and certain particular activities
identified in the statute.
While the reasonable use approach followed in the US can be applied for any sort of
employments, the reasonable managing approach followed in India is plainly restricted towards
the motivations behind
1. private or individual use, including research, and education,
2. analysis or review,
3. announcing of recent developments and current undertakings, including the revealing of a
talk conveyed in public.
While the term reasonable managing has not been characterized anyplace in the Copyright Act
1957, the idea of 'reasonable managing' has been examined in various decisions, including the
choice of the Supreme Court of India in Academy of General Education v. B. Malini Mallya
(2009) and the choice of the High Court of Kerala in Civic Chandran v. Ammini Amma.

In September 2016, the Delhi High Court controlled in Delhi University's Rameshwari
Photocopy Service shop case, which sold photocopies of sections from scholastic course
readings was not encroaching on their distributer's copyright, contending that the utilization of
copyright to "animate activity and progress in human expressions for the scholarly enhancement
of people in general" exceeded its utilization by the distributers to keep up business control of
their property. However, in December 2016, the decision was turned around and indicted back,
refering to that there were "triable issues" for the situation.
 What are the remedies available against copyright infringement in
India?
The Copyright Act 1957 gives three sorts of  remedies - administrative remedies, civil remedies
and criminal remedies. The administrative remedies gave under the rule incorporate confinement
of the encroaching merchandise by the traditions authorities. The civil remedies are given under
Chapter XII of the Copyright Act 1957 and the cures gave incorporate orders, harms and record
of profits. The criminal remedies are given under Chapter XIII of the resolution and the cures
gave against copyright encroachment incorporate detainment (as long as 3 years) alongside a fine
(up to 200,000 Rupees).

Ward [Place of Suing] Under Copyright Act, 1957 - Recently in 2015 the Jurisdiction law with
respect to Copyright Violation has gone an uncommon change by the accompanying judgment of
the Hon'ble Supreme Court - Jagdish Singh Khehar and Arun Mishra, JJ. – Civil Appeal Nos.
10643 – 10644 of 2010 with 4912 of 2015 [arising out of SLP [c] No. 8253 of 2013], Dated
01/07/2015 – Indian Performing Rights Society Ltd. Versus Sanjay Dalia and another -
Copyright Act [14 of 1957], Section 62 – Trade Marks Act [47 of 1999], Section 134 – Civil
Procedure Code Section 20 – Suit for encroachment of Copyright of Trade Mark – Place of suing
– Place where offended party dwells or carries on business or works for gain – Is an extra
gathering made accessible to offended party by Section 62 of 1957 Act and Section 134 of 1999
Act – Applicability of Section 20 of Civil Procedure Code isn't totally expelled in this manner –
If reason for action has emerged entirely or to some degree set up where offended party lives or
is working together suit must be recorded at such spot – Plaintiff can't drag respondent to far
away spot under pretense that he conveys business there too. - Interpretation of resolutions –
Mischief Rule – Construction that stifles considerably counter naughtiness must be embraced. –
Interpretation of rules – words despite anything contained in some other law – don't in every case
totally bar relevance of other law. - Words and expressions – "Despite anything contained -
being in power" – Do not really reject appropriateness of other law.

How copyright act was introduced in India

It is considered that the advancement of Copyright law in India has been in three stages. The law
of copyright was presented in India just when the British East India Company was built up in
1847. This Act had altogether different arrangements in contrast with the present law. The term
of the Copyright was life time of the creator in addition to seven years after the passing of the
creator. However, for no situation could the complete term of copyright surpass a time of forty-
two years. The legislature could give an obligatory permit to distribute a book if the proprietor of
copyright, upon the passing of the writer, would not permit its production. Enrollment of
Copyright with the Home Office was obligatory for authorization of rights under the Act. This
was the principal stage.

The subsequent stage was in 1914, when the Indian assembly under the British Raj instituted the
Copyright Act of 1914. It was practically like the United Kingdom Copyright Act of 1911. In
any case, the significant change that was gotten this Act was criminal approval for
encroachment. Number of times alteration were brought to this Act up till 1957. In this manner,
India saw the third period of Copyright law in 1957. The Copyright Act, 1957 was instituted so
as to suit the arrangements of the Berne Convention. This Act was established by Independent
India by which we are represented till date.

Are the moral rights of copyright holder protected under copyright act
1957?
Moral rights of a creator includes rights to be recognized as a creator of a work or to question
injurious treatment of a work. Truly, the Copyright Act allows a creator "exceptional rights,"
which exist autonomously of the creator's copyright, and subsists much after the task (entire or
halfway) of the said copyright. The creator has the option to guarantee origin of the work; and
control or guarantee harms as for any twisting, mutilation, adjustment, or other act in connection
to the said work if such twisting, mutilation, alteration, or other act would be biased to his
respect or notoriety.
These uncommon rights can likewise be practiced by the legitimate delegates of the creator. The
privilege against bending is accessible much after the expiry of the term of copyright after late
alteration. Prior, it was accessible just against bending, mutilation and so forth done during the
term of copyright of the work.

What is Copyright Enforcement Advisory Council(CEAC)

Copyright enforcement advisory council is a quasi-judicial body which was constituted in
September 1958 by the central government of India. Its main work is to control administer and
apply provisions of the copyright act, to solve claims related to copyright act. Its jurisdiction is
extends to the whole India, which means all cases related to the copyright act in the whole
country comes under this council.
The board consist of a chairman and not more than fourteen other members. Chairman of the
board is appointed for a period of five years and is also eligible for re-appointment. The
chairman works under the superintendence of the central government of India. A person is
eligible for becoming the chairman of the board if he/she is judge of a high court.

Refrences:
https://www.advocatekhoj.com/library/bareacts/copyright/index.php?
Title=Copyright%20Act,%201957
https://en.wikipedia.org/wiki/
Copyright_law_of_India#Exceptions_to_copyright_infringement_in_Ind
ia
https://indiacode.nic.in/handle/123456789/1367?
view_type=browse&sam_handle=123456789/1362
https://www.mondaq.com/india/Intellectual-Property/655852/Copyright-
Law-In-India-Everything-You-Must-Know
http://www.legalserviceindia.com/article/l195-Copyright-Law-in-
India.html