Important Sections of Copyright in India

Literary Work Sec 2(o):- Includes computer program, table, computer database

Artistic Work Sec 2(c):- Means painting, sculpture, drawing, map or plan, engraving, photograph, architecture, and others

Dramatic Work Sec 2(h):- Choreographic work, scenic arrangement or acting which is fixed

Musical Work Sec 2(p):- Work of music, graphical notation of such work

Cinematography Film Sec 2(f):- Work of visual recording through a process of moving image including sound recording accompanying such visual recording

Sound Recording Sec 2(xx):- Recording of sound from which such sound may be produced.

Meaning of Copyright (Sec 14)

Copyright means exclusive right to do or authorize doing of the following work:

In case of Literary, dramatic or musical work:-

  • Reproduction of work
  • Issuing copies of work to a public
  • Performing work in public
  • Making cinematographic film or sound recording
  • Making translation or adaptation of work

In case of Computer Program:-

To do any of acts specified above

  • To sell or to give on rent

In case of Artistic work:-

  • Reproduction of work
  • Issuing copies of work to a public
  • Communication of work in public
  • Including work in cinematographic film
  • Making the adaptation of work

In case of Cinematographic film and

  • Making a copy of a film or any image
  • To sell or to give on rent
  • Communicating the film or recording to the public
  • sound recording

Term of Copyright

For literary, dramatic, musical or artistic work, copyright is granted for a lifetime of author plus 60 years. In case of joint authors, it will be 60 years after the death of the survivor. For photographs, cinematograph films, sound recording etc., a term of copyright is 60 years from the beginning of next calendar year. In case of broadcast reproduction right, the time period is 25 years from the beginning of next calendar year.

Assignment of Copyright Assignment is a transfer of the whole of legal rights from the assignor to an assignee. A copyright owner has right to use manuscript and has exclusive right similar to that of the patentee. Mere transfer of manuscript does not mean assignment. A purchaser of a copy does not acquire right to reproduce. Assignment of a present, as well as future work, can be made either wholly or subject to limitations. However, assignment of future work comes into effect only when work comes into existence. The assignment should be made by an agreement in writing signed by the owner. It should specify the work and include duration, a territorial extension of assignment and remuneration. In absence of above conditions, the duration is deemed for five years and territory shall be India.

Infringement of Copyright

Copyright gives an exclusive right to an owner to reproduce the work. Any unauthorized copying of the protected work constitutes infringement. Following acts are deemed as infringement if done without the license:

1. Doing anything which is exclusive right is of the owner.

2. Permitting any place to be used for unauthorized communication of work to the public for profit.

3. Sale, distribution, exhibition or import of infringed copies of the work. However, import of one copy is allowed.

Remedies for Infringement

Owner of copyright has following remedies against the person who does infringement:

a. An injunction, i.e. owner can restrain the person doing infringement to stop such infringement.

b. He can claim for damage suffered.

c. He can proceed to obtain possession of infringed copies.

d. All plates or molds used in the production of infringed copies are deemed to be a property of the owner of a copyright.

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