WHAT IS COPYRIGHT
In India, copyright is governed by the Copyright Act, 1957, which was last amended in 2012 to bring it in line with international standards. Copyright in India is a legal right granted to the creators of original literary, dramatic, musical, and artistic works. It provides creators with exclusive rights to their creations, ensuring that they can control how their works are used and distributed.
Key Aspects of Copyright in India
The Copyright Act, 1957 protects a wide range of works, including:
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Literary works: Books, articles, computer programs, etc.
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Dramatic works: Plays, scripts, etc.
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Musical works: Songs, instrumental compositions, etc.
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Artistic works: Paintings, sculptures, drawings, etc.
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Cinematograph films: Movies, TV shows, documentaries, etc.
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Sound recordings: Audio recordings, music, speeches, etc.
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Software: Computer programs, code, etc.
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Architecture works: Architectural plans and designs.
Copyright in India provides the creator with the exclusive right to
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Reproduce the work.
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Distribute copies of the work.
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Perform or display the work publicly.
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Make derivative works based on the original work.
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Communicate the work to the public (for example, through broadcasting or the internet).
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Literary, dramatic, musical, and artistic works: The copyright lasts for the lifetime of the author plus 60 years after their death.
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Cinematograph films and sound recordings: The copyright lasts for 60 years from the year of publication.
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Works created by the government or public sector undertakings: The copyright lasts for 60 years from the year of publication.
The Copyright Act in India also grants moral rights to the author of a work, even after the transfer of copyright:
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The right to attribution: The author can claim to be identified as the creator of the work.
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The right to integrity: The author can object to derogatory treatment of the work that may harm their honor or reputation.
Copyright law in India also includes exceptions and limitations to copyright protection, such as:
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Fair dealing: Allows limited use of copyrighted material for purposes like criticism, review, reporting, research, teaching, or private study, without the need for permission.
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Public performance or display: The public performance of a copyrighted work (like a play, concert, or screening) may be allowed under certain conditions.
While copyright is automatic in India, registration of the work with the Copyright Office under the Ministry of Commerce and Industry is optional. However, registration provides legal advantages, such as:
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A certificate of registration, which can be used as evidence in case of a legal dispute.
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Public record of ownership.
To register a work, the author or copyright owner must submit an application to the Copyright Office with a copy of the work and the relevant documents. The registration process is usually straightforward and takes about 3–6 months, depending on the nature of the work.
Copyright infringement occurs when someone uses a copyrighted work without permission, violating the rights of the copyright holder. In India, the copyright holder can take legal action against the infringer, including:
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Seeking an injunction to stop further infringement.
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Damages for the loss caused by the infringement.
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Criminal penalties: In cases of willful infringement, criminal penalties can be imposed, including imprisonment and fines.
India is a member of several international treaties that protect copyrights, including:
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The Berne Convention for the Protection of Literary and Artistic Works.
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The World Intellectual Property Organization (WIPO) Copyright Treaty.
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
These agreements help ensure that Indian works are protected abroad, and foreign works are protected in India.
