Copyrights and Related Rights

Definition: Copyrights‘ refer to the legal rights provided by law to the original creator of the work
in the fields of literature and computer software. The Related Rights‘ encompasses the author‘s
work in the fields of dramatics, sound recording, film/video
recordings, paintings, architecture, etc.
1. Literary Works
The works protected by copyright law include literary works that are original or uniquely created.
Scripts, novels, biographies, theses, technical texts, and programs are only a few examples of these
creative works. The Copyrights to these could be claimed regardless of the literary worth, writing
style, or overall quality of the work. A literary work's copyright grants exclusive rights.
 To make variations of a work
 For a public performance of the work
 To distribute copies of work to the public
 For reproducing the work
 To translate the work
2. Artistic Works
These artistic works are protected by the Copyright Act of 1957 and include, among other things,
paintings, photographs, buildings, diagrams, cartoons, molds, plans, etchings, casts for sculptures,
graphics, and sketches.
Exclusive rights provided by the copyright for these creative works are.
 To give way copies of the work to the public.
 To include artistic work in cinematographic films.
 To make any changes to work.
 For reproducing the original work.
 For making the artistic work reach the public
3. Dramatic Works
Dramatic works refer to the portrayal or dramatic enactment of a specific plot. A drama, recitation,
acting based on a book, coordinated movements, etc. may be among them. Cinematographic films
of any kind are not included in this category of work.
 For making any changes to the work
 To reproduce the work
 To comprise the work in any cinematographic film
 To make the work reach the public
4. Sound Recordings
Any audio recording, regardless of how it is stored, is a sound recording. Podcasts are examples of
sound recordings, along with songs with or without music that feature vocalists. The authorization
of the musical piece's composer is necessary for the sound recording's Copyright registration
protection if it also contains music.
Exclusive rights granted by the copyright of sound-recorded works are:
 To provide the sale or hire of any copy of the sound recording
 For communicating the sound recordings to the general public
 To create any other recording that symbolises it.
5. Musical Works
"Musical work" refers to a musical composition containing any visual notation. Still, it leaves out
any actions or words meant to be sung, spoken, or performed in time to the music. The author of
the copyright relation to "musical works" is the "composer." The author must obtain permission
from the musical works' composer to record sound.
Exclusive rights granted under the copyright for songs in musical works in India are:
 For reproducing the musical work
 For reaching out the work to the public
 To make any kind of variation to the work
 To perform the musical work in the public
 To provide copies of the work to the public
 To make a sound recording or a cinematographic film in respect of the musical work .
6. Cinematograph Films
Cinematographic films typically contain all previously created visual and moving image
recordings. It is a kind of work that combines video films with audio recordings made using any
method, whether analogue or digital; whatever way of maintaining such visual records is
acceptable, as are visual recordings in any format.
The copyright under cinematograph film work grants exclusive rights
 To hire, sell, or offer a copy of the film.
 For allotting the cinematograph film to the public.
 For making a copy of the film or making any changes to it.
7. Architectural Works
Architectural works include a building's actual construction models as well as its designs and
aesthetic features. However, they make no mention of the construction technique.
Eligibility Criteria: To qualify for Copyright protection, a work must exist in some physical (or
tangible) form. The Copyright work has to be original i.e. the author created it from independent
thinking void of duplication. It may appear similar to already existing works but should not be the
same. The original work may lack in quality or quantity or aesthetic merit or all these parameters;
still, it will pass the test of copyrightable work.
Ownership of Copyright:Copyright is generally owned by the creator of the work in the first
instance. However, copyright ownership depends on a number of different things such as the type
of work created or how the work was created, for example by an employee as part of their job.
Determining who owns copyright in a work can be complex.
Copyrights of the Author:Under the copyright law, the creator of the original expression in a
work is its author. The author is also the owner of copyright unless there is a written agreement by
which the author assigns the copyright to another person or entity, such as a publisher.
Copyright Infringements:Copyright infringement is the use or production of copyright-protected
material without the permission of the copyright holder. Copyright infringement means that the
rights afforded to the copyright holder, such as the exclusive use of a work for a set period of time,
are being breached by a third party. Music and movies are two of the most well-known forms of
entertainment that suffer from significant amounts of copyright infringement. Infringement cases
may lead to contingent liabilities, which are amounts set aside in case of a possible lawsuit.
Copyright Infringement is a Criminal Offence: Yes, copyright infringement is a criminal offense
under the Copyright Act of 1957, Section 63.
The minimum punishment for copyright infringement is six months in prison and a minimum fine of
Rs 50,000. For a second or subsequent conviction, the minimum punishment is one year in prison
and a fine of Rs 1 lakh.
Examples of copyright infringement include:
 Plagiarism, or copying someone else's work
 Creating "fan fiction," which is creating a derivative work without the original author's
permission
Copyright Infringement is a Cognizable Offence:
 On May 20, 2022, the Supreme Court of India ruled that copyright infringement is a cognizable and
non-bailable offense under Section 63 of the Copyright Act (1957). The court's ruling overturned a
Delhi High Court decision.
 The court has also ruled that the offense under Section 63 of the Copyright Act can be punished with a
prison sentence of up to three years.
 Copyright infringement is generally defined as reproducing, distributing, performing, publicly
displaying, or making a derivative work of a copyrighted work without the copyright owner's
permission.
Fair Use Doctrine:Fair use is a legal doctrine that allows the limited use of copyrighted material without
permission from the owner. It's an important concept to understand, whether you're a content creator or
simply a consumer of media.
Copyrights and Internet:Copyright protection on the internet is a legal safeguard that protects
intellectual property from unauthorized use, reproduction, or distribution. Copyright law applies to all
materials on the internet, including written text, images, audio, video, and software code.
 Copyright generally applies as soon as the original work is created, even if the work has not been
registered. Activities like uploading, mailing, distributing, and transmitting whole or partial copies of a
copyrighted work over the internet may be a copyright infringement unless the copyright owner has
Non-Copyright Work:Non-copyright work, also known as public domain content,
is content that is not protected by copyright laws. This means that the public can freely
use, access, and modify non-copyright work.
Examples of non-copyright work include:
1. Titles, names, and slogans
2. Familiar symbols or designs
3. Minor variations in typographic or coloring
4. Simple ingredient or content listings
5. Cooking recipes
6. Fashion designs
7. Domain names
8. Band names
9. Genetic code
10. “Useful articles” that have a utilitarian function.
Copyright Registration:Safeguarding the Owner: Copyright registration provides
copyright owners exclusive rights over their work, encompassing reproduction,
distribution, adaptation, dissemination, and translation. Legal Protection: Creators
benefit from legal protection, ensuring their work cannot be reproduced without
proper authorization.
Judicial Powers of the Registrar of Copyrights: The Registrar of Copyrights has the powers of a civil
court when trying a suit under the Code of Civil Procedure. These powers include:
 Summoning and enforcing the attendance of any person
 Examining a person on oath
 Requiring the discovery and production of any document
 Receiving evidence on affidavits
 Issuing commissions for the examination of witnesses or documents
 Requisitioning any public record or copy thereof from any court or office.
fee structure in copyright:
In India, the cost of copyright registration can range from ₹500 to ₹40,000, depending on the type of
work being registered
I. Literary, dramatic, musical, or artistic works: ₹500 per work
II. Cinematographic films: ₹5,000 per work
III. Sound recordings: ₹2,000 per work .

Copyright Symbol:The copyright symbol, ©, is a letter C in a circle. It's used in copyright notices for
works other than sound recordings. The symbol can serve as a reminder that a work is protected by
copyright and may not be reproduced without permission.

Validity of Copyright:In India, copyright protection typically lasts for the author's lifetime plus 60 years
from the year after the author's death. However, the duration is 60 years from the year of publication for
anonymous works, pseudonymous works, and works of joint authorship. For photographic works, the
duration of copyright is 60 years from the year of publication.
The term of 60 years ensures that the creator's work remains safeguarded and continues to benefit their
heirs or assigned rights holders for a substantial period
Copyright Profile of India: Inidi's Copyright Act of 1957 protects original works from
unauthorized use. The act protects:
 Photographs, paintings, and illustrations
 Books and essays
 Musical works
 Software
 Choreographed performances and recitals
 Sound recordings
 Videos
 Films.
 The act protects the original expression of an idea in the form of creative work, not the idea
itself.
 Copyright is a statutory right that becomes operative from the date of creation of any original
“work” by the creator.
 The act has been amended five times since 1958, in 1983, 1984, 1992, 1994, and 2012.
Copyright and the word ‘Publish: Copyright is the right to control when and how copies of a
work are made public. Publishing is the act of making copies of a work and making them available
to the public.
 Copyright protects original works of authorship, including literary, dramatic, musical, and artistic
works. This includes poetry, novels, movies, songs, computer software, and architecture.
 The Copyright Office defines publication as the distribution of copies or phono records of a work to
the public. This can be done by sale or other transfer of ownership, or by rental, lease, or lending.
 The symbol © (the letter C in a circle), or the word "Copyright" or the abbreviation "Copra." can be
used to indicate copyright. The copyright page should also include publisher information, such as the
name and address.

Transfer of Copyrights to a Publisher: When an author submits an article to a journal publisher, the
publisher may require the author to sign a Copyright Transfer Agreement. This agreement grants the
publisher the right to distribute, reproduce, and sell the work. The author retains certain rights, such as
the right to use the work for personal or educational purposes.
The copyright transfer agreement is legally binding and typically includes the following:
 Specific rights being transferred
 Duration
 Any consideration payable for the transfer
 Other pertinent term
Copyrights and the Word “Adaptation”: Adaptation is generally perceived as a modification of
original work to create another work. For example- adapting a novel to make a film or adapting
a textbook that is originally written universities, to make it suitable for a lower level.
 Adaptation is a work which is essentially the same as the original work although there may
be a change in the format.
 A derivation is based on the original work but is different from it since it incorporates an
original contribution from its creator.
 A transformation is a work which is completely new but is based on the raw data contained
in the original work.
Copyrights and the Word “Indian Work”: The Copyright Act of 1957 protects original works of
literature, drama, music, and art, as well as cinematograph films and sound recordings.
 Copyright law in India protects the rights of authors over their creations. This includes the
rights to reproduce, communicate, adapt, or translate the work.
 Copyrights of works of the countries mentioned in the International Copyright Order are
protected in India, as if such works are Indian works. The term of copyright in a work shall
not exceed that which is enjoyed by it in its country of origin.
Joint Authorship:According to the Copyright Act, a joint work of authorship is a work created by
two or more authors working together.
 The contribution of one author is not distinct from the other's contribution. This means that all
joint copyright owners have the right to register and enforce the copyright.
 Generally, the term of copyright for works created on or after January 1, 1978, is the life of the
author plus seventy years after the author's death. For joint works with multiple authors, the
term lasts for seventy years after the last surviving author's death.
 To indicate joint authorship, you can use a symbol, such as "co-Author A*" or "co-Author B*,"
against the two authors' names in the manuscript. In the affiliation section, you can describe it
as "These two authors contributed equally to this work".
 Copyright Society:The Indian Reprographic Rights Organization (IRRO) is a copyright society
that was established in 2000 under Section 33 of the Copyright Act of 1957. It focuses on
safeguarding the rights of authors and publishers of literary works.Reproduction Rights
Organizations (IFRRO).
 Indian Performing Rights Society (IPRS): This society legitimizes the use of copyrighted music
by issuing licenses to music users and collecting royalties.
 Indian Singers Rights Association: This is another registered copyright society in India.
 The registration granted to a copyright society is valid for five years and can be renewed
Copyright Board: The Board serves as a quasi-judicial body that adjudicates certain disputes
related to law. This includes conflicts over infringement, ownership issues, and disagreements
regarding licenses and assignments of copyright.
 The Chairman of the Copyright Board shall be a person who is, or has been, a Judge of the
Supreme Court or a High Court or is qualified for appointment as a Judge of a High Court.
 The Registrar of Copyrights shall be the Secretary of the Copyright Board and shall perform
such functions as may be prescribed.
 We already know that the default rule for copyright ownership designates the author as the
first owner unless a creator-employer agreement states otherwise.
Copyright Enforcement Advisory Council (CEAC):The Government has set up on November 6,
1991 a Copyright Enforcement Advisory Council (CEAC)
I. to review the progress of enforcement of Copyright Act periodically and to advise the
Government regarding measures for improving the enforcement of the Act.
II. The term of the CEAC is THREE years.
III. The CEAC keep holding its meetings regularly. Recently held meetings are in the month of
June, December 2006 and October,2007 .
IV. In the meeting in December,2006, it was decided to constitute the following three sub-
committees for the following purposes:
(i) Awareness Building
(ii) Issues relating to enforcement and shared experiences of the police officers
(iii) Mechanism to ensure that benefits of enforcement flow back to creators and the right holders
International Copyright Agreements:While no creative work is automatically protected
worldwide,
 there are international treaties which provide protection automatically for all creative works as
soon as they are fixed in a medium.
 There are two primary international copyright agreements, the Buenos Aires Convention and
the Berne Convention.

 Conventions and Treaties:Berne Convention: This is the oldest international copyright treaty,
signed in 1886.
 It requires that protection for creative works be automatic and last for at least 50 years after
the author's death, except for photographic and cinematographic works.
 Berne Convention gives creators the means to control how their works are used, by whom, and
on what terms.
 universal Copyright Convention: This convention was signed in Geneva in 1952.
 Buenos Aires Convention on Literary and Artistic Copyright: This is an international
convention and treaty on copyright protection.
 TRIPS: This agreement was designed to create uniformity in the protection of
intellectual property
Interesting Copyrights Cases:
 David Bowie and Queen vs. Vanilla Ice: The opening seconds of Vanilla Ice's 1990 hit
"Ice Ice Baby" sound similar to Queen and Bowie's "Under Pressure".
 john Fogerty vs John Fogerty: In this case, a record label sued an artist for sounding
like himself in a song he had written and performed decades earlier.
 In 2022, a district court in Maryland granted a permanent injunction barring the
enforcement of a compulsory eBook licensing law: The court held that the bill is
unconstitutional and unenforceable.
 In 2018, Gaye's family was awarded a final judgment of nearly $5 million against Thicke
and Williams: Rapper T.I., who also appeared on the song, was found not liable.
Other copyright cases include:
 Star Wars vs Battlestar Galactica
 Naruto vs Slater
 Starbucks vs Obsidian Group
 Apple vs Microsoft
 Gucci vs Guess
 The Case of Dolls: Bratz vs Barbie
 James Dyson vs. Hoover
THANK YOU