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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
Denition of Copyright
The Indian copyright law protects literary works, dramatic works, musical works, artistic works, cinematograph lms and sound recordings.[8]
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
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
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]
See also
Registrar of Copyrights (India)
References
9 External links
[1] http://copyright.gov.in/
[4] http://www.wipo.int/wipolex/en/details.jsp?id=13230
[5] http://www.wipo.int/wipolex/en/profile.jsp?code=IN
10
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