COPYRIGHT

 COPYRIGHT:

Copyright is a legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and certain other intellectual works. This right gives creators exclusive control over how their work can be used and distributed. Essentially, copyright protects the expression of an idea, not the idea itself.

Origin and evolution:

The concept of copyright as we understand it today is closely tied to the invention of the printing press by Johannes Gutenberg in the mid-15th century. Before this, the laborious process of hand-copying books meant that widespread unauthorized reproduction was less of a concern.

Early Privileges and Royal Grants: In the early days of printing, monarchs and governments often granted exclusive printing privileges to certain printers or publishers.

The Statute of Anne (1710): This landmark legislation in Great Britain is widely considered the first true copyright law.

Spread and Development in Other Countries: Following the Statute of Anne, other countries began to develop their own copyright laws, often influenced by the British model. The specific terms of protection and the types of works covered varied.

The Berne Convention (1886): This international agreement was a crucial step towards harmonizing copyright laws across different nations.

•  Automatic Protection: Copyright protection arises automatically upon the creation of a work, without the need for registration.
• National Treatment: Each member country must grant the same protection to authors from other member countries as it grants to its own nationals.
• Minimum Standards of Protection: The convention sets minimum terms of protection for various types of works.

The Rise of New Technologies: The 20th and 21st centuries have seen rapid technological advancements, including photography, sound recording, film, broadcasting, and the internet.

International Treaties in the Digital Age: Treaties like the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), both adopted in 1996, were developed to address copyright issues in the digital environment.

Evolution in INDIA:

•  British Colonial Era: Copyright in India was initially governed by British legislation.
• he Copyright Act, 1957: This was the first comprehensive copyright law enacted in independent India. It has been amended several times to keep pace with technological advancements and international norms.
• Recent Amendments: Amendments in 1994, 1999, and 2012, among others, have addressed issues related to digital rights, performers' rights, and the rights of copyright societies.

Objectives and Fundamentals of Copyright:

Objectives:

1. Protect the Rights of Creators.
2. Incentivize Creativity.
3. Promote the Progress of Science and Useful Arts.
4. Balance Creators' Rights with Public Access.
5. Facilitate the Commercial Exploitation of Works.
6. Adapt to Technological Change.
7. Harmonize Internationally.

Fundamentals:

• Originality.
• Expression, Not Ideas.
• Fixation.
• Automatic Protection.
• Limited Duration.
• Territoriality.
• Ownership.
• Transferability.

Requirement of copyrights:

• Originality.
• Fixation.
• Category of Work.
• No Requirement of Registration for Initial Protection.
• Author is a Qualified Person (in certain contexts).

Work under copyright:

Literary Works:

• This category is broad and includes any work that is expressed in words or numerical figures, regardless of the nature or quality of the literary style.

Examples:

• Books, pamphlets, articles, and other writings
• Poetry
• Dramatic works. 

Musical Works:

• These are works consisting of music and include any graphical notation of such work, but do not include any words or any dramatic element accompanying the music.

Examples:

• Musical compositions (with or without lyrics)
• Scores and sheet music
• Jingles and musical arrangements

Dramatic Works:

• This category 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.

Examples:

• Plays and screenplays
• Ballets and other choreographic works.

Artistic Works:

• This is a diverse category encompassing various forms of artistic expression:
  • Paintings, sculptures, drawings (including diagrams, maps, charts, or plans), engravings, and photographs, irrespective of whether any such work possesses artistic quality.

Cinematograph Films:

• These are any work of visual recording and a sound recording accompanying such visual recording, and includes any work produced by any process analogous to cinematography including video films.   
• Examples:
  • Feature films
  • Documentaries
  • Television shows.

Sound Recordings:

• These are recordings of sounds, regardless of the medium on which the sounds are recorded or the method by which the sounds are produced.
• Examples:
  • Audio recordings of music
  • Podcasts
  • Recordings of speeches or lectures.

Authorship and Ownership:

Authorship:

Authorship refers to the creator or the originator of the intellectual work. The Copyright Act, 1957 defines the "author" concerning different types of works under Section 2(d):

• Literary or Dramatic Work: The person who creates the work.
• Musical Work: The composer.
• Artistic Work (other than a photograph): The artist.
• Photograph: The person who takes the photograph.

Authorship is inherently linked to the act of creation. The author is the individual who brings the work into existence by applying their skill, labor, and judgment.

Ownership:

Ownership of the copyright, on the other hand, refers to who holds the legal rights granted by the Copyright Act. While the author is generally the first owner of the copyright in their work (as stated in Section 17), this is subject to several exceptions:

Exceptions to the Author Being the First Owner (Section 17):

• Work made during the course of employment:
  • If a literary, dramatic, or artistic work is made by an author in the course of their employment by the proprietor of a newspaper, magazine, or similar periodical under a contract of service for publication.

 The holder of the copyright rights. Ownership can initially vest in the author but can be transferred or may initially vest in another party under specific circumstances outlined in Section 17 of the Copyright Act.

Copyright Infringement:

For literary:

Reproduction: Making copies of the work in any material form, including storing it in any medium by electronic means.

Issuing copies to the public: Making the work available to the public.

Performing the work in public: Including communication to the public.

For Artistic works:

Reproduction: Making copies of the work in any material form.

Communication to the public: Displaying the work publicly.

Making adaptations: Creating derivative works.

For Cinematography:

Making a copy: Including storing it in any medium by electronic means.

Selling or giving on hire: Offering copies for sale or hire.

Communicating the film to the public.

Copyright infringement, often referred to as copyright violation, occurs when someone exercises any of the exclusive rights of the copyright owner without their permission or a valid legal exception. These exclusive rights are granted to the creator of original works of authorship under copyright law.

In India, the Copyright Act, 1957 outlines these exclusive rights under Section 14, which vary depending on the type of work. Generally, these rights include:

For Literary, Dramatic, or Musical Works (excluding computer programs):

• Reproduction: Making copies of the work in any material form, including storing it in any medium by electronic means.
• Issuing copies to the public: Making the work available to the public.
• Performing the work in public: Including communication to the public.
• Making cinematograph film or sound recording: Adapting the work into a film or sound recording.
• Making translations or adaptations: Creating derivative works.

For Computer Programs:

• Similar rights to literary works, including the right to sell or give on hire, offer for sale or hire, any copy of the computer program, regardless of whether such copy has been sold or given on hire earlier.

For Artistic Works:

• Reproduction: Making copies of the work in any material form.
• Communication to the public: Displaying the work publicly.
• Making adaptations: Creating derivative works.
• Including in any cinematograph film: Incorporating the work into a film.

For Cinematograph Films:

• Making a copy: Including storing it in any medium by electronic means.
• Selling or giving on hire: Offering copies for sale or hire.
• Communicating the film to the public.

For Sound Recordings:

• Making any other sound recording: Embodying it in any medium.
• Selling or giving on hire: Offering copies for sale or hire.
• Communicating the sound recording to the public.

Consequences of copyright Infringement:

Injunction: A court order restraining the infringer from continuing the infringing activities.

Damages: Monetary compensation to the copyright owner for the losses suffered due to the infringement. This can include actual losses and profits made by the infringer.

Account of Profits: Requiring the infringer to pay over the profits they made from the infringing activities.

Delivery Up of Infringing Copies: An order for the infringing copies to be seized and delivered to the copyright owner.

Criminal remedies:

Imprisonment for a term which can range from six months to three years, and with a fine which can range from fifty thousand rupees to two lakh rupees. For subsequent offenses, the penalties can be higher.

However, for the first offense involving infringement of copyright in cinematograph films and sound recordings, the imprisonment can be for a term not less than three months and the fine not less than fifty thousand rupees.