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Copyright law of India

The Copyright Act, 1957 (as amended by the Copy- 3 Duration of copyright protection
right Amendment Act 2012) governs the subject of copyunder the Copyright Act 1957
right law in India.[1] The history of copyright law in
India can be traced back to its colonial era under the
British.[2] The Copyright Act 1957 was the rst post- 4 Ownership of copyright under
independence copyright legislation in India and the law
the Copyright Act 1957
has been amended six times since 1957.[3] The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.[4]
The author of a work is generally considered as the rst
India is a member of most of the important international owner of the copyright under the Copyright Act 1957.[12]
conventions governing the area of copyright law, includ- However, for works made in the course of an authors eming the Berne Convention of 1886 (as modied at Paris ployment under a contract of service or apprenticeship,
in 1971), the Universal Copyright Convention of 1951, the employer is considered as the rst owner of copyright,
the Rome Convention of 1961 and the the Agreement in the absence of any agreement to the contrary.[13]
on Trade Related Aspects of Intellectual Property Rights Section 19 of the Copyright Act 1957 lays down the
(TRIPS).[5] But India is not a member of the WIPO modes of assignment of copyright in India. Assignment
Copyright Treaty (WCT) and the WIPO Performances can only be in writing and must specify the work, the peand Phonograms Treaty (WPPT).
riod of assignment and the territory for which assignment

is made.[14] If the period of assignment is not specied in


the agreement, it shall be deemed to be 5 years and if the
territorial extent of assignment is not specied, it shall be
presumed to be limited to the territories of India.[15] In a
recent judgement (Pine Labs Private Limited vs Gemalto
Terminals India Limited), a division bench of the Delhi
High Court conrmed this position and held that in cases
wherein the duration of assignment is not specied, the
duration shall be deemed to be ve years and the copyright shall revert to the author after ve years.[16]

Denition of Copyright

Copyright is a bundle of rights given by the law to the


creators of literary, dramatic, musical and artistic works
and the producers of cinematograph lms and sound
recordings.[6] The rights provided under Copyright law 5 Exceptions to copyright infringeinclude the rights of reproduction of the work, commument in India
nication of the work to the public, adaptation of the work
[7]
and translation of the work. The scope and duration of
protection provided under copyright law varies with the The Copyright Act 1957 exempts certain acts from the
nature of the protected work.
ambit of copyright infringement.[17] While many people
tend to use the term fair use to denote copyright exceptions in India, it is a factually wrong usage. While the US
and certain other countries follow the broad fair use exception, India follows a dierent approach towards copyright exceptions.[18] India follows a hybrid approach that
allows-

Types of works protected

fair dealing with any copyrighted work for certain


specically mentioned purposes[19] and

The Indian copyright law protects literary works, dramatic works, musical works, artistic works, cinematograph lms and sound recordings.[8]

certain specic activities enumerated in the


statute.[20]
1

While the fair use approach followed in the US can be


applied for any kind of uses, the fair dealing approach
followed in India is clearly limited towards the purposes
of -

EXTERNAL LINKS

[6] http://www.wipo.int/wipolex/en/text.jsp?file_id=
352024
[7] http://www.wipo.int/wipolex/en/text.jsp?file_id=
352024

1. private or personal use, including research,[21]

[8] Sec. 2(y) of Copyright Act 1957.

2. criticism or review,[22]

[9] http://www.bits-pilani.ac.in/uploads/Patent_
ManualOct_25th_07.pdf

3. reporting of current events and current aairs, including the reporting of a lecture delivered in
public.[23]
While the term fair dealing has not been dened anywhere in the Copyright Act 1957, the concept of 'fair
dealing' has been discussed in dierent judgments, including the decision of the Supreme Court of India in
Academy of General Education v. B. Malini Mallya
(2009) and the decision of the High Court of Kerala in
Civic Chandran v. Ammini Amma.[24]

[10] http://www.bits-pilani.ac.in/uploads/Patent_
ManualOct_25th_07.pdf
[11] The Copyright Act, 1957, Term of Copy Right (Sec. 2229)". vakilno1.com. Retrieved 2013-04-12.
[12] Section 17 of the Copyright Act 1957
[13] Sec. 17(c) of the Copyright Act 1957
[14] Sec.19(2) of the Copyright Act 1957
[15] Sec 19(5) and 19(6) of Copyright Act 1957
[16] http://lobis.nic.in/dhc/AKS/judgement/01-10-2011/
AKS03082011FAOOS6352009.pdf

Remedies available against copyright infringement in India

The Copyright Act 1957 provides three kinds of remedies - administrative remedies, civil remedies and criminal remedies.[25] The administrative remedies provided
under the statute include detention of the infringing goods
by the customs authorities.[26] The civil remedies are provided under Chapter XII of the Copyright Act 1957 and
the remedies provided include injunctions, damages and
account of prots.[27] The criminal remedies are provided under Chapter XIII of the statute and the remedies
provided against copyright infringement include imprisonment (up to 3 years) along with a ne (up to 200,000
Rupees).[28]

[17] Sec. 52 of the Copyright Act 1957


[18] Sandeep Kanak Rathod,'Fair Use: Comparing US and
Indian Copyright Law' http://jurist.org/dateline/2012/05/
sandeep-kanak-rathod-copyright.php
[19] Sec. 52(1)(a) of the Copyright Act 1957
[20] Secs.52(1)(aa)to(zc) of the Copyright Act 1957
[21] Sec. 52(1)(a)(i) of the Copyright Act 1957
[22] Sec. 52(1)(a)(ii) of the Copyright Act 1957
[23] Sec. 52(1)(a)(iii) of the Copyright Act 1957
[24] N.S. Gopalakrishnan and T.G. Agitha, Principles of Intellectual Property (Eastern Book Company 2014)369-393
[25] Copyright Act 1957

See also
Registrar of Copyrights (India)

References

[26] Sec. 53 of the Copyright Act 1957


[27] Sec. 55 of Copyright Act 1957
[28] Secs. 63 and 63A of the Copyright Act 1957

9 External links

[1] http://copyright.gov.in/

Ocial website of Registrar of Copyright

[2] Arul George Scaria, Piracy in the Indian Film Industry:


Copyright and Cultural Consonance (Cambridge University Press 2014) 47-53

Indian Copyright Act, 1957: Full text

[3] Jatindra Kumar Das, Law of Copyright (PHI Learning


Private Ltd. 2015) 88

Copyright (Amendment) Act, 2012

[4] http://www.wipo.int/wipolex/en/details.jsp?id=13230
[5] http://www.wipo.int/wipolex/en/profile.jsp?code=IN

A Handbook of Copyright Law

Copyright Rules, 2013


Copyright law in India

10
10.1

Text and image sources, contributors, and licenses


Text

Copyright law of India Source: https://en.wikipedia.org/wiki/Copyright_law_of_India?oldid=666584876 Contributors: Edward, Shyamal, Andrewman327, Pamri, Mukerjee, John Vandenberg, Ganeshk, Je3000, Prashanthns, Pegship, BomBom, Snowmanradio, Fuhghettaboutit, Amartyabag, Sarjya~enwiki, Hu12, SkyWalker, Vince4uall, Cydebot, Thijs!bot, Xeno, Restname, Mahitgar, Skumarla, Emeraude,
The Telephone Company, Nemo bis, Guru-45, Hugo999, VolkovBot, Davidwr, TXiKiBoT, Matchax, TJRC, Sphilbrick, Sitush, Jotterbot, Landirenzo, Liberal Humanist, GDibyendu, Addbot, Luckas-bot, AnomieBOT, Materialscientist, ArthurBot, Jayarathina, FrescoBot,
Stephen Morley, Deepak (old), Amartya71, EmausBot, Shmilyshy, Karthikndr, Kabirkh, Adv.tksujith, Philafrenzy, AgniKalpa, Nzaucklanddelhi, Indiajoe, Michael Anon, Myginne, Mama1134, Choudhurykartik2, Kahtar, Jackrickenbacker, Crystallizedcarbon, Capri2232
and Anonymous: 19

10.2

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File:Copyright.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/b0/Copyright.svg License: Public domain Contributors:


see below Original artist: Unknown / see below
File:Wikisource-logo.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/4c/Wikisource-logo.svg License: CC BY-SA 3.0
Contributors: Rei-artur Original artist: Nicholas Moreau

10.3

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