ASSIGNMENT

TOPIC; ORIGIN AND CONCEPT OF COPYRIGHT ACT 1957

Submitted to – Ms. Ekta Yadav Submitted by- Mansi Malik

Course Code – LAW 541

Course Name- Intellectual Property law

Reg. NO. 11613623

Roll No. A17

ACKNOWLEDGEMENT

I owe a great many thanks to a great many people who helped and supported me during the
writing of this research paper. My deepest thanks to my Lecturer, Ms. EKTA YADAV, for
guiding me and correcting various documents of mine with attention and care. She has taken pain
to go through the assignment and make necessary corrections as and when needed.

I would also thank my Institution and my faculty members without whom this assignment would
have been a distant reality.
SCOPE AND OBJECTIVE OF THE STUDY

The object of the study is to” KNOW THE ORIGIN & CONCEPT OF COPYRIGHT ACT”.
This study will also look into various other cases,

RESEARCH METHODOLOGY

The methodology adopted is largely descriptive. It has largely placed on secondary sources like
books and research papers. The lectures and classroom discussion have been rich with valuable
and gave directions to the research.

RESEARCH QUESTIONS

 Development & evolution of the Copyright Act

 What are the basis and subject- matter of the Act?
 TABLE OF CONTENT

S.no Content

1 Executive summary

2 Historical background

3 Nature & development at International level

4 Definition & Object

5 Illustration

6 Essential Ingredients

7 Relevant case laws

8
Basis & rights of copyright Act

Doctrines & subject matter

9
International Conventions
10

Limitations & exception to copyright

11

Conclusion & own view point

12

Bibliography
13
 EXECUTIVE SUMMARY

 Copyright Act was first introduced during British period in 1847. therefore, The England
has passed the law in 1911. based on some English provision the act was reenacted
in1914. After independence in 1957 Government of India has passed the Copyright Act
1957. Act was amended by many international treaties. The act has been amended six
times till yet recent amendment took place in 2012 which has added three provision in
section 18(1).
 Meaning of copyright is provided under section 141. It is granted for any creative work,
literary, artistic work shall include sculpture, painting, photographs, lithography, poetry,
computer programming.it provided exclusive right, moral right and economic rights2.

HISTORICAL BACKGROUND
 Introduction of Copyright law was introduced in mid British colonel period 1847
 on the basis of English provision, the England adopted the Copyright law, 1911
 After 1947, the Government of India has passed the Copyright Act 1957
 Act was amended by many international Treaties. as follows The Berne Convention 1886
 WIPO Copyright Treaty
INDIAN COPYRIGHT ACT
 Introduction of first statue was passed in 1914, it was further repealed Indian Copyright
Act 1957. and has gone through many amendments in 1983,1984,1992,1994,1999 and
recent took place in 2012.
 Act has adopted many English provisions; many conventions were established at
international level.

1
International confederation of societies of authors & composers v. Aditya Pandey 1988

2
Ibid
NATURE & DEVELOPMENT AT INTERNATIONAL LEVEL

 Copyright is the right which subsist for various work literary, artistic, sound recording,
performing arts, computer programming.
 It is a form of incorporeal right it provides exclusive rights
 It has a creating of statues, positive and negative rights

CREATION OF STATUTES – Section 16 provides that there cannot be any right

granted except which is provided under the statute. there is no such common law for
copyright3.

POSITIVE RIGHTS- Is one of the economic rights which says that Right to
reproduction this means that it is a right to prevent others from copying the creative work
of the author i.e. CD’s in library, Novel4.

NEGATIVE RIGHTS- This exclusive right is granted to author to stop the person from
infringement of his work, copying his original work if any person does so without his
permission. it includes following rights Right to Authorize Distribution, Right to Rental
and Right to control Importation5.

DEVELOPMENT AT INTERNATIONAL LEVEL

 Over many centuries the Copyright has played a major role in economic and cultural
history in European country6.
 As the first right of copyright was introduced in British period before WIPO and TRIPs
come into existence there were many treaties/ conventions in respect of copyright act
1957
 Berne Convention 1886 it is called for literary and artistic work it deals with copyright
protection
 there was no requirement of registration under such convention the registration was
automatically granted. It gave rise to principles of National Treatment, Automatic
Protection and Independence Right.

3
Copyright come into existence when it has been served to public not when is has been published copyright
subsist in literary, artistic, dramatic, musical and computer programming works which include sculptures,
derivative work, movies.
4
Walter v. Lane 1994
5
ibid
6
see Berne convention of literary work and artistic work last revised on 23th August 2020
 DEFINITION & OBJECTIVE
 Section 14 of the Act, 1957 states that exclusive right is given in respect of literary and
artistic work, dramatic or musical work and computer programming.
 Right to reproduce the work
 Right to grant license, right to sell copies of the work7
 Right to make any sound recording, cinematograph film in respect of literary work
 It is a incorporeal right
 Right to adaptation, retraction and paternity of work
 It extends to substantial part of work
 It provides negative and positive right

OBJECTIVES
 Encourage the author, music composers, singers and owners to create their original piece
of work by providing them exclusive rights.
 To stop from infringement of copyright
 Protect the Right in Rem (Right against world)
 It encourages exclusive right
 Expression of thoughts are protected not expression of ideas
 The copyright holder has both civil and criminal remedies against copying of the work
 Right of author to relinquish his right
 Right of retraction

TENURE OF THE COPYRIGHT

 Life time of author including 60 years from his death

 authority of India for copyright is Registrar of copyright, and copyright board

Section 11 highlights about copyright board, it has been constituted by central

government which consist of a judge of High court and the chairman with two other
members8. Section 12 lays down the power and procedure of the board

7
University of London v. university tutorial press ltd
8
South Indian Music companies v UOI
 ILLUSTRATIONS OF WORK PROTECTED UNDER COPYRIGHT

 In case of Literary work

 Copyright covers the music work, i.e if A is making DVD’s of movie, he will get the
copyright. but if B copies the creative work of A, this led to infringement of musical
work.
 In case of Dramatic work
 In case of cinema, play, script and work of choreography
 In case of accompanying work
 where the person put films and movies into motion pictures

ESSENTIAL INGREDIENTS OF COPYRIGHT

 Creative work- the work must be creative there is no substantial of originality. mere
modifications, adaptation is liable in the work of copyright
 Affixed to tangible material – To subsist the copyright work the literary, or artistic work
should be in tangible medium that can be touched and seen
 Copyright subsist for contract of service and contract for service – In case where the
work is created in two ways. on his own behalf (where Author is the owner) and at the
instance of another person (in the course of employment).
 Expression of Ideas are not protected, however expression of thoughts is protected
 Right to integrity is been protected (prevent others from altering and destruction of
work)

RELEVANT CASE LAWS

OWNERSHIP OF COPYRIGHT9- Under section 52(q), the reproduction or

publication of any judgment of court or other judicial authority shall not constitute
infringement of copyright of the government in these works. It is thus clear that it is open
to everybody to reproduce and publish the government work including the judgment of
the court. However, in case a person by extensive reading, careful study and comparison
and with the exercise of taste and judgments made certain comments about judgment or
has written a commentary thereon, may be such a comment and commentary is entitled to
protection.

9
Eastern book company v. Navin J. Desai
 JURISDICTION ASPECT10 - The Delhi high court held that is was not necessary to
show that the business being carried on by the plaintiff in Delhi should necessarily be in
respect of footwear and articles of clothing as well. It is sufficient if the business was
being carried on by the plaintiff and further that there was an infringement of plaintiff
copyright in respect of certain goods, which were being sold by the defendant in Delhi.

COGNIZANCE OF THE COURT11- The object of the act in putting bar of limitations
on the prosecution was clearly to prevent the parties from filing cases after a long time. as
a result of which material evidence may disappear and also to prevent abuse of the
process of court by filing vexatious and belated prosecutions long after the date of the
offence.

INFRINGMENT OF COPYRIGHT12- Where the same idea is being developed in a

different manner, it is manifest that the source being common, similarities are bound to
occur. In such a case the court should determine whether or not the similarities are on
fundamental or substantial aspect of the mode of expression adopted in the copyright
work with some variations here and here. In other words, in order to be actionable, the
copy must be a substantial and material one which at once leads to the conclusion that the
defendant is guilty of the act of piracy.

BASIS OF COPYRIGHT & KINDS OF RIGHTS IN COPYRIGHT

 Copyright provides basis in fair play his Skills, Efforts and Labors which ought to belong
to him
 Moral basis- The copyright law emphasizes or prevent from exploitation or prevent from
exploitation of skills, labor and efforts put by one person cannot be used by other person
for infringement
 Media & Entertainment Industry- Is also a basis of information industry where it
broadcast skills, labor and effort which provides exclusive rights to the author.

10
Caterpillar Inc v. Kailash Nichani 1950
11
State of Punjab v. Sarwan Singh 2000
12
R.G Anand v. M/S Deluxe films 2001
 KINDS OF RIGHT IN COPYRIGHT ACT

There are three types of rights as follows: -

ECONOMIC RIGHTS- It produces and sells copies, it helps in import and export work,
it creates derivative works, it helps in publicly display of the work, it sells and assign the
right to other, it helps in transmit and display by radio or video13.

It includes Right of reproduction- it prevents other from copying the author work.
conditions are that there must not be high level of similarity. Reproduction can be in any
form literary, artistic, music.

MORAL RIGHTS- It floats from the facts of literary and artistic work. These rights are
attached to author it cannot be transferred. It reflects the personality of the Author it
includes, Right of paternity (Stoppage from transfer of right) 14. Right of Integrity (prevent
others from infringement, alter, destruction) and right of retraction.

RELATED RIGHTS- It is a right where other person has also contributed the same it
protects the rights of beneficiaries i.e. Producer, Broadcast, Performer and Phonograms

DOCTRINES AND SUBJECT MATTER OF COPYRIGHT

IDEA- DICTOMY
 Under copyright act 1957, ideas are not protected expression of thoughts are protected.
copyright essentially protects the work of an author or creator and prevents others from
copying such original work. the primary reason for granting protection to expression and
not ideas is to protect the free flow of ideas. the copyright of ideas would eventually
bring creativity and innovation to a standstill.
 Done Hague v. Newspaper 1937- this case its related to the Article publication in name
of done Hague and later on certain modifications were made out without any permission
and published in other name
Court observation- It was held that Done Hague has no copyright over it. It was held
that there is no protection of Ideas.

13
ibid
14
ibid
 Aji Anand v. Deluxe Film1978- Aji Anand was the play writer he narrated the play to
the defendant, he had without permission has named such play into HUM HAI
HINDUSTANI.
 Defendant without permission made a picture out of it named New Delhi

Issue raised- Whether plaintiff is owner of copyright of that play?

Whether New Delhi has done infringement to plaintiff?

Court observation- No copyright in Idea, steam and plot is protected. expression of

thoughts is protected. Working of same steam similarity are bound to occur but
modifications, variations does not amount to infringement of copyright.

SWEAT OF THE BROW DOCTRINE

 This is an English doctrine
 there has to be some effort, skills and labor such work should be derivative work, can get
copyright for derivative work.
 Need not has to be substantial creativity and originality, mere modification can be
subsisted
 Eastern Book Co. v. D.B Modhak 2008- Eastern book co. produces law report in the
name of SC case and copyedit the SC judgment if adding paragraph, cross referring. other
co. named spectrum brought a software and put all module of eastern co. and was sued
 Court observed that copyedit judgment, does not amount to infringement of
copyright. there must be some amount of creativity

INTERNATIONAL CONVENTIONS
The copyright conventions as follows: -
 In 1886 the convention named Berne Convention was adopted for literary and artistic
work it deals with copyright protection.
 it does not require any registration under such convention this led to high criticism
 its leading principle were National Treatment (curbing discrimination)
 Automatic protection was been granted under such convention
 Independence Right (fulfilling terms and conditions was the first priority
 this convention was based on Folklore concept, exclusive right like right to reproduction,
adaptation, recite in public and right to translate were granted under such 1886
convention.
 other alternative was Universal Convention 1952 (UCC) it was adopted in Geneva. here
the copyright was given for fixed period and automatic registration was made biased.
 Then TRIPs came in reconcile of Paris convention and Berne Convention
 Article 27 under UDHR gives the human right.

LIMITATIONS & EXCEPTIONS TO COPYRIGHT

 The first limitation is exclusion from copyright protection of certain categories of work,
in some countries as heard works are excluded from protection if they are not fixed in
tangible form e.g. Law Books.
 The second limitation is on the rights of authors and other countries of copyright concern
particular act of exploitation under circumstances specified in the law, be done without
Authorization.

CONCLUSION

 The supreme task of copyright law has been to motivate the creation of intellectual works
for the public welfare subsequently enriching the public domain and next important
object has been to secure economic recognition to those who are engaged in the thought
creation process and also those who are engaged in the dissemination process. However,
due to global recognition and marketable value addition it is becoming competitive with
industries who earn by exploiting the intellectual works of the creators.
 The different areas of infringement of copyrights have been identified in this work. Some
of the areas are oldest traditional areas or modes of infringement like copying manually
but after the arrival of the technological and the digital technology, areas of infringement
has really increased remarkably.

OWN VIEW POINT

 Copyright Act was first introduced during British period in 1847. therefore, The England
has passed the law in 1911. based on some English provision the act was reenacted
in1914. After independence in 1957 Government of India has passed the Copyright Act
1957. Act was amended by many international treaties. The act has been amended six
times till yet recent amendment took place in 2012 which has added three provision in
section 18(1).
BIBLOGRAPHY

BOOKS

 INTELLECTUAL PROPERTY LAW by P NARAYANAN, EASTERN BOOK

COMPANY
 THE LAW OF INTELLECTUAL PROPERTY RIGHTS by SHIV SAHAI SINGH,
DEEP & DEEPPUBLICATIONS PVT. LTD.

WEBSITES

 https://www.wipo.int/edocs/lexdocs/laws/en/in/in122en.pdf last visited on 22 august,

2020.

 http://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html last visited

on 22 august, 2020