the coyright act, 1957

8/3/2019 The Coyright Act, 1957

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GROUP-8SECTION-B



INTRODUCTIONy

The importance of copyright was recognized only afterthe invention of the press, that enabled thereproduction of books in large quantities practicable.

y In India , the first legislation of its kind, the IndianCopyright Act, was pressed in 1914 that was mainly based on the UK Copyright Act, 1911.

y At present, the law relating to copyright is containedin the Copyright Act, 1957.

y It extends to whole of India.y It came into force on 21 January 1958.y The Act has been substantially amended in 1983, 84,

92, 94 &99.



MEANING OF COPYRIGHTy The exclusive right to do or authorize the doing of any of the

following acts in respect of work, or any substantial part thereof namely:- In the case of a literary, dramatic or musical work, not

being a computer program :-y to reproduce the work in any material form including the storing of

it in any medium by electronic means;y to issue copies of the work to the public not being copies already incirculation;y to perform the work in public, or communicate it to the public;

- In the case of a computer programme,-y to do any of the acts specified in clause above;y to sell or give on commercial rental or offer for sale or for

commercial rental any copy of the computer programme:ProvidedProvided that such commercial rental does not apply in respect of that such commercial rental does not apply in respect of computercomputer programs where theprograms where the programme itself is not the essentialprogramme itself is not the essentialobject of the rentalobject of the rental. .



- In the case of an artistic work ,-y to reproduce the work in any material form including depiction in

three dimensions of a two dimensional work or in two dimensions of athree dimensional work;

y to communicate the work to the public;y to issue copies of the work to the public not being copies already in

circulation;y to include the work in any cinematograph film;y to make any adaptation of the work;

- In the case of cinematograph film, -y to make a copy of the film, including a photograph of any imageforming part thereof;y to sell or give on hire, or offer for sale or hire, any copy of the film,

regardless of whether such copy has been sold or given on hire onearlier occasions;

y to communicate the film to the public;

- In the case of sound recording, -y to make any other sound recording embodying it;y to sell or give on hire, or offer for sale or hire, any copy of the sound

recording regardless of whether such copy has been sold or given onhire on earlier occasions;

y to communicate the sound recording to the public.



W orks in which copyright subsists:-

y (1) Subject to the provisions of this section and the otherprovisions of this Act, copyright shall subsist throughoutIndia in the following classes of works, that is to say,-

y original literary, dramatic, musical and artistic works;y cinematograph films;y Sound recording

y (2) Copyright shall not subsist-y (a) in any cinematograph film a substantial part of the film

is an infringement of the copyright in any other work;y (b) in any sound recording made in respect of a literary,

dramatic or musical work, if in making the soundrecording, copyright in such work has been infringed.



AUTHORSHIP AND OWN ERSHIPy Copyright protects the rights of authors, i.e., creators of intellectual

property in the form of literary, musical, dramatic and artistic works andcinematograph films and sound recordings.

y Ordinarily the author is the first owner of copyright in a work.y W ho is an author?

y In the case of a literary or dramatic work the author, i.e., the person whocreates the work.

y In the case of a musical work, the composer.y In the case of a cinematograph film, the producer.y In the case of a sound recording, the producer.y In the case of a photograph, the photographer.y In the case of a computer generated work, the person who causes the work

to be created.y For example :

W ho all have rights in a musical sound recording?There are many right holders in a musical sound recording. For example, thelyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician (s) who performed the background music,and the person or company who produced the sound recording.



Assignment of Copyr ighty The owner of the copyright in an existing work or the prospective

owner of the copyright in a future work may assign to any personthe copyright either wholly or partially and either generally orsubject to limitations and either for the whole term of thecopyright or any part thereof.

M ode of assigning copyrighty In writing signed by the assignor or by his duly authorized agenty Specific worksy Rights assigned, duration and territorial extent.y Royalty y Assignment subject to revision, extension or terminationy D oes an assignment lapse automatically?y W hen the assignee does not exercise the rights assigned to him

within a period of one year from the date of assignment, unlessspecified in the assignment.



y W hat will be the period of assignment if not specifically stated

in the assignments?Five years from the date of assignment.

y W hat will be the territorial extent of the assignment if notspecified in the assignment?

Extend within the whole of India, unless specified.y Can an author relinquish copyright and, if so, how?

Notice in the prescribed form to the Registrar of Copyrights.



TERM OF COPYRIGHTy Literary, dramatic, musical or artistic work (excluding

photograph) - 60 years from the beginning of the calendar year next following the year in which the author dies.

y Anonymous or pseudonymous work - 60 years from the

beginning of the calendar year next following the year in whichwork is published. But if the author is disclosed; same asabove.

y Posthumous work-Former part of the above.



L ICENCESy Licence by ow ner of cop yright

I n writing duly signed by him/ authorized agent.Licence relating to copying in future work- effect only when the

work comes into existence, such as republication, performance in public or communication to public.Compulso ry licence in wo rk s w ithhe ld f r om pu b lic

T he Copyright Board can direct the Registrar of copyrights togrant compulsory licence to complainant( in case of more thantwo: one who would best serve the general public) incase theowner does not grant during the term of the copyright.Copyright Board can grant licence to any applicant incase the

owner is dead or unknown. T he Registrar of Copyrights candirect the applicant to deposit the amount of royalty determined

by Copyright Board in the public account of the Central Govt.,so that if at any time the owner is traced, he can claim theroyalty.



Licence t o p r odu ce the pu b lic tran slati ons

Any person may apply for license to produce and publish publictranslations of a literary or dramatic work in any language after 7years from the first publication of the work.License to translate foreign work may be applied after 3years

from its publication if translation is required for teaching,research or scholarship.

Application to be made in such form as prescribed deposit of fees with the Registrar of Copyrights as may be prescribed.Copyright Board can grant non-exclusive right on terms andconditions and payment of royalty as it deems fit.

Ter m inati on of l icence

License can be terminated by the Copyright Board, after giving3months notice, if the owner publishes a translation in the samelanguage at a reasonable price and of the same standard.

Copy of licensed work produced and published before terminationmay continue to be sold/distributed until stock-out.



COPYRIGHT SOCIETIESy No person or association can carry on the business of issuing of

granting license in any work in which copyright subsists unless acopyright society is registered by central government.

y Owner can also have right to grant licenses in respect of his own works consistent with his obligations as a member of registeredcopyright society (sec 33)

y a copyright society may accept from an owner of rights exclusiveauthorization to administer any right in any work by issue of licenses or collection of license fees.

y Owner of rights shall have the right to withdraw suchauthorization without prejudice to the rights of the copyrightsociety under any contract.



Payment of Remuneration by Copyright Society Copyright society may frame a scheme for determining thequantum of remuneration payable to individual copyrightowners having regard to the number of copies of work incirculation [sec 34 ( A) ].Control over Copyright Society

Copyright society shall :y Obtain the approval of owners of rights for its procedures

of collection & distribution of fees.y Obtain their approval for utilization of any amounts

collected as fees for any purpose other than distribution tothe owners of rights

y Provide to such owners regular, full & detailed informationconcerning all its activities, in relation to theadministration of their rights (sec 35).



Submission of Returns & ReportsE very copyright society shall submit to the registrar of

copyrights such returns as may be prescribed. Any officer duly authorized by the central government may call for any report & also call for any records of any copyright society for the purpose of satisfying himself thatthe fees collected by the society in respect of rightsadministered by it are being utilized or distributed inaccordance with the provision of this act (sec 36).



Rights of Broadcasting Organization & of Performers.E very broadcasting organization shall have a special right(broadcast reproduction right). The broadcastreproduction right shall subsist until 25 years from thebeginning of the calendar year next following the year in which the broadcast is made (sec 37). W here any performer appears or engages in any performance, he shall have a special right to be known asperformer s right subsist for 50 years from the beginning of

the calendar year next following the year in which theperformance is made (sec 38).



Inte rnati o nal Copyr ighty The central government, by order, direct that all or any provisions of

this act shall apply to work published or unpublished outside India or work of a foreign author who has died. Such protection can be madeonly in respect of countries which grant similar protection to works

made in India. The order may provide that the provision of this Actshall apply either generally or in relation to such classes or cases as may be specified in the order (sec 40).

y This right conferred as foreign author can be restricted by the centralgovernment any time if it is found that a foreign country in which theauthor is domiciled or citizen, is not giving adequate protection to works of Indian authors (sec 42).

y The central Government can declare some international organizationsas eligible to hold copyrights. Such international organizations canhold copyrights in respect of work done under their control or controlby their employees or by an author who has given copyrights to suchinternational organization (sec41).



Regist rati on of Copyr ights y Registration with Registrar of Copyrights.y Registration is optional. (Register sec 44)y Register of copyrights.y Application in the prescribed form and fee.y Copyright index.y Entries are rectifiable.



In fr ingement of Copyr ight y Copyright in a work is deemed to be infringed:-

a) when any person, without a license granted by the owner of the copyright or Registrarof Copyrights:-

- does anything, which is conferred upon the owner of the copyright- permits for profit any place to be used for the communication of the work to the

public where such communication constitutes an infringement of the copyright in the workb) W hen any person:-

- Makes for sale or hire- Distributes for the purpose of trade or to affect prejudicially the owner of the

copyright.- Trade exhibits in public.

- Imports into Indiaany Infringing copies of the work .

y It is not applicable to the import of one copy for the Private and Domestic use of theimporter.



Acts No t In fr ingement o n

Copyr ighty Fair dealing with literary, dramatic, musical or artistic work for:

- private use, research.- Reporting current events.

y Reproduction of work:-- For the Judicial proceeding and purpose and making a report of it.- W ork prepared by Secretariat of a Legislature exclusively for its members.- Certified copy made in accordance with any law.- By a teacher or a pupil in the course of instruction or as part of question answer in

examination.y The making of not more than three copies of a book in a public library for the use of library if

such book is not available for sale in India.y The making or publishing of a painting, drawing, engraving or photograph of a work of

architecture.y The inclusion in a cinematograph film of:-

- Any artistic work permanently situated in a public place or any premises accessible topublic.

- Any other artistic work, if such inclusion is only by the way of background or is otherwiseincidental to the principal matters represented in the film.



Remedies, Off ences And App eals



Civil Remediesy Owner entitled to civil remedies by way of Injunction,

Damages and Accounts.y W hether Defendant succeed in proving or not (Section-

55).y Author s Special Rights such as:- ( Section-57)

- To claim authority of work.- To restrain or claim damages in respect of any distortion,

mutilation, etc.y Owner can take the possession of all infringing copies and

plates (Section-58).y District Court Jurisdiction (Section-62).



Off encesy Penalty in case of First Case (Section-63)y Penalty in case of Second and Subsequent Conviction

(Section-63 A)y Knowingly using Infringing Copy of Computer

Program (Section-63 B)y Possession of Plates for Purposes of Making Infringing

Copies (Section-65)y Penalty for Making False Statements (Section-68)y Cognizance of Offence (Section-70)



App ealsy Appeal to the Higher Appellate Court (Section-71)y Appeal to the Copyright Board.y Appeal to the High Court (Section-72)



Summa ryy Copyright is an exclusive right to reproduce or

authorize another person to reproduce artistic,

dramatic, literary or musical works under theCopyright Act.y The Act protects the application of skill and labor in

giving an idea or theme in some material form.y

The owner of the copyright may assign to any personthe copyright either wholly or partially and generally orsubject to limitations and either for the whole term of the copyright or any part thereof.



THA NK YOU !!!

the coyright act, 1957

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