Copyrights Law in india

The law of copyright has been categorized as a private law under the realm of Intellectual Property Rights which has been introduced with the purpose of offering protection to the original content, and expressions and providing a balanced approach between the creator and the public. The domain of copyright can only provide protection to the works if it is original and authentic. The law provides protection to the author of the copyrighted work from any type of unlawful reproduction and exploitation of the work by others. Copyrights have been referred to as property rights that are freely alienable. It has been held in the case of Deepak Kumar Sanyal V Naba Kanta Bardoloi, 2018that the term copyright includes within its ambit the rights of ownership and assignment which would be vested upon the assignee. The law of copyright provides protection to the expressed ideas of the creativity of the author by enforcing exclusive rights to the original owner. The work can only claim the protection of copyright if it subsists with the essentials of originality and authenticity.

The first statute related to copyright in India was enacted in 1914 and was adapted from the basic rules of the UK Copyright Act, 1911. The act of 1914 was not substantial and was therefore replaced by the Copyright Act of 1957, which had to be read in compliance with the Copyright Rules, 1958. The main aim behind the introduction of such an act was for consolidating the laws related to copyright. Furthermore, the law has been amended time and again. However, the Copyright Amendment Act of 1994 has been embarked as a landmark one which has been amended in compliance with the Rome Convention of 1961. The main provisions of the copyright act can be summarised below:

i. There has been an establishment of a copyright office under Chapter – II of Sections 9 to Section 12 of the Copyright Act, 1957.

ii. Section 13 of the Copyright Act of 1957 extends its protection to the original works, literary works, dramatic works, musical and artistic works, cinematograph films, and sound recordings. The works will only be liable for claiming copyright protection if the works are original, authentic, and creative.

iii. The owners of the copyright have been granted economic rights, moral rights, and exclusive rights.

iv. The owner of the copyright must get his work registered so that he can avail the basic rights of suing for infringement, and the registration would also act as prima facie evidencein case of any disputes.

v. Copyright has been granted protection for the entire lifetime of an author and then the protection would be extended to the other 70 years.

vi. If any of the parties,try to infringe or exploit the work that has been already published then the owner would be liable for claiming remedies under Section 51 of the Copyright Act of 1957.

vii. The copyright owner has the right of licensing in which he can grant a license or transfer some of his rights to the other party for the purpose of exploitation, but only with the aim of claiming monetary benefits.