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Indian Copyright Act,1957Introduction to CopyrightIt is based on the notion that a person, who creates or produces creative work, has a right to decide how the fruits of his talent, skill and labor should be reproduced. In simple words, it is about the right to copy.Provides the economic foundation for sustaining and fostering creativity.Without copyright, photographers, authors, artists, and journalists or anyone else who creates non-material economic wealth would have to find alternative means (other than licensing) to support themselves.

2Copyright in IndiaIn India, the law on copyright protection is contained in the Indian Copyright Act, 1957.The Copyright Act, 1957(Act No. 14 of 1957) governs the laws & applicable rules related to the subject of copyrights in India. Copyright Law in the country was governed by the Copyright Act of 1914, was essentially the extension of the British Copyright Act, 1911 to India, and borrowed extensively from the new Copyright Act of the United Kingdom of 1956.Copyright Act 1957 - Main FeaturesValid from 21 January 1958Created Copyright Office and Copyright BoardIntroduced civil and criminal remedies against infringementPerforming societies rights (for instance, music royalties)Definition of categories in which copyright actually subsistsInternational copyright

Amendments in Indian Copyright Act

The Copyright Act, 1957 came into effect from January 1958. This Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and 2012. The Copyright (Amendment) Act, 2012 is the most substantial. Some of the important amendments to the Copyright Act in 2012 are extension of copyright protection in the digital environment such as:Penalties for circumvention of technological protection measures and rights management information;Liability of internet service provider and introduction of statutory licenses for cover versions and broadcasting organizations;Ensuring right to receive royalties for authors, and music composers, exclusive economic and moral rights to performers; Equal membership rights in copyright societies for authors and other right owners and exception of copyrights for physically disabled to access any works.

The main reasons for amendments to the Copyright Act, 1957 include:To bring the Act in conformity with WCT and WPPT; To protect the Music and Film Industry and address its concerns;To address the challenges posed by digitization of works and Internet; To address the concerns of the physically disabled and to protect the interests of the author of any work; Incidental changes; To comply with the obligations under the Trade-Related Aspects of Intellectual Property Rights;To remove operational facilities; and enforcement of rights.

Nature of CopyrightIt is the product of the labor, skill and capital of one man which must not be appropriated by another.It is important to note that copyright is not related to ideas, but to their expression. Fair use does not apply to some works, such as standardized tests, workbooks, and works that are meant to be consumed. Copyright subsists throughout India in (a) original literary, dramatic, musical and artistic works (b) cinematograph film and (c) sound recording (Section 13). These terms are defined in the Act. Apart from these works, no other work is entitled to copyright under the Act.

Description of Work"Indian work" means a literary, dramatic or musical work,The author of which is a citizen of India; orWhich is first published in India; orThe author of which, in the case of an unpublished work is, at the time of the making of the work, a citizen of India."Dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film;"Literary work" includes computer programmes, tables and compilations including computer "literary data bases;"Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music;

Cinematograph film: A producer has exclusive right to make copy of the film including photograph of any image forming part thereof, to sell or give on hire, or offer for sale or hire any copy of the film, to communicate the film to the public. [14(d)]Sound recording: A composer has exclusive right to make any other sound recording embodying it, or offer for sale or hire any copy of the film, to communicate the film to the public. [14(e)]Computer programmes: In addition to the above rights, the owner has exclusive right to sell or give on hire, or offer for sale or hire any copy of the programme. The Copyright (Amendment) Act, 1999 has added one more right; i.e., to sell or give on commercial rental or offer for sale or for commercial rental any copy of the programme. [14(b)]

Court CasesCase I: RG Anand vs Delux Films and Others R G Anand penned, produced and staged a drama called Hum Hindustani and Delux Films made a film, New Delhi, on the same theme, which was released in 1956. Anand saw the film and found it to be an exact copy of his play. On a suit filed by Anand, the lower courts found no infringement of copyright. The case reached the Supreme Court, and the Supreme Court found that, while there were similarities in the two works, no violation of copyright could be established as there were also substantial dissimilarities between the two works. How do you think the Supreme court laid down the test for infringement?

Case II : Rogers vs Koons

Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. Internationally, renowned artist Jeff Koons in the process of creating an exhibit on the banality of everyday items ran across Rodgers photograph and used it to create a set of statues based on the image. Koons sold several of these structures, making a significant profit. Upon discovering the copy, Rodgers sued Koons for copyright. Koons responded by claiming fair use by parody.How would you arrive at a verdict?

Referenceshttp://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.htmlhttp://www.indiankanoon.org/doc/1734007/http://indiankanoon.org/doc/1739601/http://copyright.laws.com/famous-cases/rogers-v-koonshttp://www.mondaq.com/india/x/204598/Trade+Secrets/Trade+Secrets+In+Indian+Courtshttps://library.uoregon.edu/reserves/copyrightfaq.html#naturehttp://cis-india.org/a2k/blog/analysis-copyright-amendment-bill-2012

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By:Aakash Chharia Roll no: 309Division - A 2013-2014