INTELLECTUAL PROPERTY LAW. Unit-lII:

PAPER-V:

INTELLECTUAL PROPERTY LAW.

Unit-lII:

🔶 1. Discuss the historical evolution of copyright law in India. How did the Copyright Act, 1957 come into existence, and what are its key amendments?

Long Answer:

The law of copyright in India has its roots in the British legal system. Prior to independence, India followed the British Copyright Act of 1911, which was extended to India with some modifications through the Indian Copyright Act, 1914. This Act remained in force for several decades, but over time, it became outdated and insufficient to deal with the evolving needs of Indian society and technological advancements.

🔷 Historical Evolution:

  1. Pre-Independence Period:
    • The Indian Copyright Act, 1914 was based on the UK Copyright Act, 1911.
    • It primarily protected rights related to literary, dramatic, and musical works.
    • It lacked comprehensive provisions for emerging forms of creative works like films and sound recordings.
  2. Post-Independence Reform:
    • After India gained independence in 1947, the need for a comprehensive and indigenous copyright law became evident.
    • A Copyright Committee was constituted in 1951 under the chairmanship of Justice N. H. Bhagwati to study copyright law and recommend reforms.
    • Based on its recommendations, the Copyright Act, 1957 was enacted and came into force on January 21, 1958.

🔷 Objectives of the Copyright Act, 1957:

  • To consolidate and amend the existing copyright law in India.
  • To provide a balance between the interests of creators and the public.
  • To expand the scope of copyright to include new forms like cinematograph films and sound recordings.
  • To provide mechanisms for enforcement and remedies against infringement.

🔷 Key Features of the Copyright Act, 1957:

  • Recognizes economic and moral rights of authors.
  • Provides copyright protection for a variety of works including:
    • Literary
    • Dramatic
    • Musical
    • Artistic
    • Cinematograph films
    • Sound recordings
    • Computer programmes (included later)
  • Introduces the concept of “author’s special rights” under Section 57.
  • Provides for assignment and licensing of copyright.
  • Establishes a Copyright Office and appoints a Registrar of Copyrights.
  • Provides for the formation of a Copyright Board (later replaced by the Intellectual Property Appellate Board and now merged into Commercial Courts).
  • Specifies civil, criminal, and administrative remedies for copyright infringement.

🔷 Major Amendments to the Copyright Act, 1957:

  1. Amendment Act, 1983 and 1984:
    • Strengthened criminal remedies against piracy.
    • Introduced provisions for dealing with infringement of cinematograph films and sound recordings.
  2. Amendment Act, 1994:
    • One of the most significant amendments.
    • Included computer programmes as literary works.
    • Recognized performer’s rights and broadcast reproduction rights.
    • Extended the term of copyright protection for different categories of works.
  3. Amendment Act, 1999:
    • Made Indian law compliant with the TRIPS Agreement under the WTO framework.
    • Strengthened provisions relating to enforcement and border measures.
  4. Amendment Act, 2012:
    • Brought Indian copyright law in conformity with WIPO Internet Treaties (WCT and WPPT).
    • Granted rights to authors of literary and musical works used in cinematograph films.
    • Provided statutory licensing for broadcasting organizations.
    • Recognized the rights of visually impaired and disabled persons.
    • Allowed authors to retain royalty rights even when copyright is assigned.
    • Strengthened provisions for digital rights management (DRM) and technological protection measures (TPM).

🔷 Conclusion:

The Copyright Act, 1957 marked a significant departure from colonial-era copyright legislation, creating a modern, independent framework tailored to Indian needs. Over time, it has evolved through key amendments to respond to technological changes, global trade obligations, and the rise of digital content. It plays a vital role in safeguarding the rights of creators while balancing the interest of the public and promoting access to knowledge.

🔶 2. Define ‘Copyright’. What is the nature and scope of copyright under the Copyright Act, 1957? How does it differ from other forms of intellectual property?

Long Answer:

🔷 Definition of Copyright:

Copyright is a legal right granted to the creator of original works of authorship, such as literary, dramatic, musical, artistic works, cinematograph films, and sound recordings. It gives the creator exclusive rights to reproduce, publish, perform, communicate, and adapt their work.

According to Section 14 of the Copyright Act, 1957, copyright means the exclusive right, subject to the provisions of the Act, to do or authorize others to do certain acts in respect of a work or any substantial part thereof.

🔷 Nature of Copyright:

  1. Bundle of Exclusive Rights:
    • Copyright includes a bundle of rights such as:
      • Reproduction of the work
      • Publication and distribution
      • Public performance or communication to the public
      • Translation or adaptation of the work
  2. Negative Right:
    • Copyright is essentially a negative right — the right to prevent others from using one’s work without permission.
  3. Automatic Protection:
    • Copyright arises automatically upon the creation of an original work; registration is not mandatory for its enforcement, though it serves as prima facie evidence in court.
  4. Territorial Nature:
    • Copyright is territorial, but international protection is granted through treaties like the Berne Convention, TRIPS Agreement, etc.
  5. Limited Duration:
    • Copyright is not perpetual. In most cases, it lasts for the lifetime of the author plus 60 years after death.
  6. Economic and Moral Rights:
    • Economic rights relate to financial gain, while moral rights (under Section 57) ensure the author’s right to be credited and protect their work from distortion.

🔷 Scope of Copyright Under the Copyright Act, 1957:

The Act provides protection to the following categories of works:

  1. Literary Works:
    • Includes books, articles, computer programs, and software code.
  2. Dramatic Works:
    • Includes scripts, choreographic works.
  3. Musical Works:
    • Musical notations or compositions, excluding lyrics.
  4. Artistic Works:
    • Paintings, drawings, sculptures, architecture, photographs.
  5. Cinematograph Films:
    • Motion pictures including soundtracks.
  6. Sound Recordings:
    • Any recording of sounds from which such sounds can be reproduced.
  7. Computer Programmes:
    • Specifically recognized as literary works and protected accordingly.

🔷 How Copyright Differs from Other Forms of Intellectual Property:

Aspect Copyright Patent Trademark Designs
Subject Matter Creative expressions like books, music, films Inventions (process/product) Brand names, logos, symbols Aesthetic appearance of a product
Protection Granted Right to reproduce, publish, perform Exclusive right to make, use, sell Right to use the mark exclusively Right to use ornamental design
Duration Author’s life + 60 years 20 years from filing 10 years (renewable indefinitely) 10 years (renewable)
Registration Not mandatory Mandatory Mandatory for legal enforcement Mandatory
Objective Encourages creativity Encourages technological innovation Protects brand identity Protects visual design innovation

🔷 Conclusion:

Copyright is a key branch of intellectual property law that protects original expressions of ideas, allowing creators to control and monetize their work. Unlike patents and trademarks that protect inventions and brand identity, copyright safeguards the expression of creativity. The Copyright Act, 1957 not only defines the scope of protection but also balances the rights of creators and users in a digital and globalized world.

🔶 3. Examine the provisions related to copyright in literary, dramatic, musical works, computer programmes, and cinematograph films under the Copyright Act, 1957.

Long Answer:

The Copyright Act, 1957 provides a comprehensive legal framework for protecting the original expression of ideas in various forms of creative works. It outlines the rights conferred upon the authors or owners of different types of works, such as literary, dramatic, musical works, computer programmes, and cinematograph films. These works are protected under Section 13 of the Act, which lays down the classes of works in which copyright subsists.

🔷 1. Literary Works:

  • Definition:
    As per Section 2(o) of the Act, literary work includes novels, stories, poems, essays, textbooks, articles, speeches, tables, compilations, computer programmes, etc.
  • Rights Granted (Section 14):
    The author has exclusive rights to:

    • Reproduce the work
    • Issue copies to the public
    • Perform or communicate the work to the public
    • Make translations or adaptations
  • Duration of Protection:
    Lifetime of the author + 60 years from the beginning of the calendar year next following the year in which the author dies.
  • Special Note:
    Even unpublished manuscripts are protected under copyright law.

🔷 2. Dramatic Works:

  • Definition (Section 2(h)):
    Includes any piece for recitation, choreographic work, or acting form intended to be performed — but not including cinematograph films.
  • Rights of the Author:
    • Right to reproduce and publish
    • Right to perform or communicate to the public
    • Right to make adaptations
  • Examples:
    Stage plays, scripts, dance dramas, mime performances.
  • Duration:
    Author’s life + 60 years.

🔷 3. Musical Works:

  • Definition (Section 2(p)):
    A musical composition, including any graphical notation of such work, excluding words or actions intended to be sung or performed with music.
  • Author’s Rights (Section 14):
    • Right to reproduce musical notation
    • Right to perform or communicate the music publicly
    • Right to make arrangements or adaptations
  • Important Clarification:
    Lyrics are literary works, not musical works, though they may be used together.
  • Duration:
    Life of the composer + 60 years.

🔷 4. Computer Programmes:

  • Definition (Section 2(ffc)):
    A set of instructions expressed in words, codes, or any other form, capable of causing a computer to perform a task.
  • Protection:
    Treated as literary works and enjoy the same rights under Section 14.
  • Rights of the Owner:
    • Right to reproduce, sell, or distribute copies
    • Right to license use
    • Right to make adaptations or translations
  • Criminal Provisions (Section 63B):
    Punishment for unauthorized use of computer programmes includes imprisonment up to 3 years and fine.
  • Duration:
    Lifetime of the author + 60 years
  • Special Note:
    Unlike patents, algorithms or ideas behind software are not protected, only the code/expression is.

🔷 5. Cinematograph Films:

  • Definition (Section 2(f)):
    Any work of visual recording, including sound accompanying such visual recording, and includes video films, animations, and documentaries.
  • Producer as Author:
    The producer is deemed to be the author and owner of the copyright unless otherwise agreed.
  • Rights Granted (Section 14(d)):
    • Right to make copies of the film
    • Right to sell, distribute, rent, or offer for sale
    • Right to communicate to the public (broadcasting, online streaming)
  • Duration:
    60 years from the beginning of the calendar year next following the year in which the film is published.
  • Recent Provisions (2012 Amendment):
    • Authors of underlying literary or musical works used in films retain their royalty rights.
    • Statutory licenses and public performance rights have been clarified to avoid exploitation of composers and lyricists.

🔷 Conclusion:

The Copyright Act, 1957 offers detailed protection for various categories of creative works, ensuring that authors and rights holders are empowered to control the use and commercialization of their intellectual creations. Each category—literary, dramatic, musical, computer programmes, and films—has unique characteristics and rights, reflecting the diverse nature of modern creative expression. The Act aims to balance the economic interests of creators with the public interest in accessing culture and knowledge.

🔶 4. What are ‘Neighbouring Rights’ under the Indian Copyright regime? Discuss the rights granted to performers and broadcasting organizations.

Long Answer:

🔷 Introduction to Neighbouring Rights:

Neighbouring rights (also called related rights) are rights granted to individuals and entities who are not the original creators of a work but are involved in its performance, production, or dissemination. While copyright protects the original expression of an idea (like a book or song composition), neighbouring rights protect those who help communicate that expression to the public — such as performers, producers of sound recordings, and broadcasting organizations.

These rights are recognized under the Copyright Act, 1957, particularly after its 1994 Amendment, which brought Indian law in line with international standards like the Rome Convention (1961).

🔷 Legal Basis in India:

Neighbouring rights are protected under the following sections of the Copyright Act, 1957:

  • Section 38: Rights of performers
  • Section 38A & 38B: Additional rights of performers (introduced via 2012 Amendment)
  • Section 37: Rights of broadcasting organizations
  • Section 2(qq): Definition of “performer”

🔷 Rights of Performers:

🔹 Who is a Performer?

As per Section 2(qq) of the Copyright Act, a performer includes:

  • Actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, lecturer, or any other person who performs a literary, dramatic, musical, or artistic work.

🔹 Rights Granted (Section 38):

  • A performer has the exclusive right to:
    • Make sound/video recordings of the performance.
    • Reproduce the recording in any material form.
    • Broadcast or communicate the performance to the public.
    • Issue copies of the performance to the public.

🔹 Performer’s Moral Rights (Section 38B):

  • Right to claim authorship of the performance.
  • Right to prevent distortion, mutilation, or modification of the performance that would harm their reputation.

🔹 Duration of Performer’s Rights:

  • Performers’ rights subsist for 50 years from the beginning of the calendar year following the year in which the performance took place.

🔹 Consent:

  • No person can use a recorded performance for commercial purposes without the written consent of the performer.

🔷 Rights of Broadcasting Organizations:

🔹 Who is a Broadcasting Organization?

  • Entities like TV channels, radio stations, or streaming services that broadcast works to the public through wireless or wire transmission.

🔹 Rights Granted (Section 37):

  • Exclusive rights to:
    • Rebroadcast their programmes.
    • Make recordings of the broadcast.
    • Reproduce the recordings of such broadcasts.
    • Sell, rent, or offer for sale copies of the recordings.

🔹 Duration:

  • Broadcasting reproduction rights last for 25 years from the beginning of the calendar year next following the year of broadcast.

🔹 Limitations:

  • These rights do not affect the underlying copyright of the original work (e.g., songs or literary material).

🔷 Importance of Neighbouring Rights:

  • Recognizes and rewards the creative contribution of performers and disseminators.
  • Encourages investment in broadcasting infrastructure and media production.
  • Provides legal protection against unauthorized use, piracy, and exploitation.
  • Helps ensure royalty payments and fair treatment of artists and broadcasters.

🔷 Conclusion:

Neighbouring rights form a vital part of the copyright ecosystem, ensuring that performers and broadcasters receive recognition and economic benefit from their contributions. The Copyright Act, 1957, especially after the 1994 and 2012 amendments, has evolved to offer robust protection to these stakeholders, aligning Indian law with global norms. These rights not only support artistic expression but also foster a fair and sustainable creative economy.

🔶 5. Explain the concept of ownership and assignment of copyright under the Copyright Act, 1957. How is copyright transferred and what are the limitations?

Long Answer:

🔷 Introduction:

Ownership and assignment of copyright are critical aspects of the Copyright Act, 1957, as they determine who controls the exclusive rights over a copyrighted work and how those rights can be transferred to others. While the original creator is generally the first owner, copyright can be assigned, licensed, or bequeathed under certain conditions.

🔷 A. Ownership of Copyright:

🔹 Who is the First Owner? (Section 17):

As a general rule, the author or creator of the work is the first owner of the copyright.
However, there are exceptions, including:

  1. Employer-Employee Relationship:
    • If a work is created during the course of employment under a contract of service, the employer becomes the first owner, unless otherwise agreed.
  2. Commissioned Works:
    • In case of photographs, paintings, portraits, films, or sound recordings made for valuable consideration, the commissioning party is the first owner.
  3. Government Works:
    • The Government is the first owner of works created under official duties.
  4. Works for Public Undertakings:
    • If a public undertaking creates the work, it is the first owner.
  5. Journalistic Contributions:
    • In case of literary works contributed to newspapers or magazines, the author retains copyright, but the publisher has the right to publish unless agreed otherwise.

🔷 B. Assignment of Copyright (Section 18):

Assignment refers to the legal transfer of copyright ownership from the original holder to another person or entity.

🔹 Essentials of a Valid Assignment:

According to Section 19, an assignment must:

  1. Be in Writing and Signed by the assignor.
  2. Specify the Work assigned.
  3. Mention the Rights Transferred – whether all or partial rights (e.g., reproduction, performance, etc.).
  4. Indicate the Duration and Territorial Extent of the assignment.
    • If not specified, the default duration is 5 years and extent is within India.
  5. Specify Royalty or Compensation (especially for authors of literary and musical works used in films or sound recordings — as per 2012 Amendment).

🔹 Modes of Transfer:

  • Assignment (permanent or for a fixed term)
  • Licensing (exclusive or non-exclusive)
  • Inheritance (by will or succession)

🔷 C. Limitations and Conditions:

  1. Reversion of Rights:
    • If the assignee fails to exercise the rights within one year of assignment, those rights revert back to the author unless otherwise stated.
  2. Moral Rights Not Assignable (Section 57):
    • Author’s moral rights (right to claim authorship and protect integrity of the work) cannot be assigned even after copyright is transferred.
  3. Royalties for Authors (2012 Amendment):
    • In case of musical or literary works in cinematograph films or sound recordings, the author retains the right to receive royalties, even after assignment.
  4. No Assignment in Perpetuity without Royalty:
    • The law discourages unfair assignments that deprive authors of financial benefits.

🔷 D. Relinquishment of Copyright (Section 21):

An author can voluntarily relinquish (give up) all or any of the rights in a work by giving a public notice in the prescribed manner. After relinquishment, the work enters the public domain to the extent of rights surrendered.

🔷 Conclusion:

The Copyright Act, 1957 clearly distinguishes between ownership and assignment of copyright to maintain the balance between protecting creators and allowing commercial exploitation. While the first owner is usually the author, the rights can be assigned or transferred subject to specific legal conditions. The law ensures that the author’s moral and financial interests are protected, especially through the 2012 amendments that enforce royalty rights and prevent exploitation in creative industries.

🔶 6. What are the special rights of an author under Section 57 of the Copyright Act, 1957? How are these rights different from general copyright ownership?

Long Answer:

🔷 Introduction:

Under the Copyright Act, 1957, an author enjoys not only economic rights (such as reproduction and publication) but also special moral rights. These are codified under Section 57 and are known as the author’s special rights or moral rights. These rights exist independently of the ownership of the copyright and cannot be waived or transferred even if the copyright itself is assigned or sold.

🔷 A. Special Rights under Section 57:

Section 57 grants two primary moral rights to the author of a literary, dramatic, musical, or artistic work, and to the director of a cinematograph film:

🔹 1. Right of Paternity (Authorship):

  • The right to claim authorship of the work.
  • The author can insist that his/her name be associated with the work, or prevent false attribution of authorship to someone else.

Example: If a publisher attributes a poem to someone else that was written by Author A, Author A can sue for violation of the right of paternity.

🔹 2. Right of Integrity (Against Distortion or Mutilation):

  • The right to prevent any distortion, mutilation, modification, or other act that would be prejudicial to the honour or reputation of the author.
  • Even if the copyright is assigned to someone else, the author can stop the assignee from modifying the work in a derogatory way.

Example: If an artist’s painting is altered or displayed in a derogatory manner, the artist can invoke the right of integrity.

🔷 B. Legal Position and Remedies:

  • These rights are enforceable in court, and the author is entitled to injunctions, damages, and other remedies.
  • Section 57(2) provides that these rights shall exist even after assignment of the copyright.
  • After the death of the author, the rights can be exercised by the legal heirs.

🔷 C. How Are These Rights Different from General Copyright Ownership?

Aspect General Copyright Ownership Special Rights under Section 57 (Moral Rights)
Nature Economic/Property Right Personal/Non-economic Right
Transferability Can be assigned or licensed Cannot be assigned or waived
Who enjoys it? Copyright owner (may not be the author) Author only, regardless of copyright ownership
Purpose To commercially exploit the work To protect the author’s personality and honour
Existence after transfer May cease after assignment Continues even after copyright is assigned
Remedy for infringement Commercial compensation, injunctions Damages, apology, restoration, injunctions

🔷 Judicial Recognition of Moral Rights:

Indian courts have recognized moral rights in multiple cases. Notably:

  • Amarnath Sehgal v. Union of India (2005):
    A famous case where the court upheld the moral rights of a sculptor whose mural was removed and damaged. The Delhi High Court granted compensation and emphasized that moral rights are an extension of personality rights.

🔷 Conclusion:

The special rights under Section 57 of the Copyright Act, 1957 reflect the deep personal bond between an author and their creation. Unlike economic rights, which can be transferred or sold, moral rights are inalienable and perpetual. They ensure that the dignity, integrity, and identity of the author are respected and protected, thereby recognizing the human element of intellectual creativity beyond commercial value.

🔶 7. Define ‘Infringement’ of Copyright. What are the criteria for determining copyright infringement under Indian law?

Long Answer:

🔷 Definition of Copyright Infringement:

Copyright infringement occurs when a person, without the authorization or license of the copyright owner, does or permits the doing of any act which is exclusively reserved for the copyright holder under the Copyright Act, 1957.

According to Section 51 of the Act, copyright is said to be infringed when:

“A person without a license or in contravention of license does any act that only the copyright owner is authorized to do, or permits for profit the use of a place for the communication of the work to the public.”

🔷 Acts Constituting Infringement:

A person is deemed to have infringed copyright if they:

  1. Reproduce the copyrighted work wholly or substantially.
  2. Issue copies of the work to the public without permission.
  3. Perform or communicate the work to the public.
  4. Make adaptations or translations of the work.
  5. Import infringing copies into India.
  6. Sell or exhibit infringing copies for trade or commercial benefit.

🔷 Criteria for Determining Infringement:

To determine whether copyright has been infringed, Indian courts generally look at the following criteria:

🔹 1. Substantial Similarity:

  • Even if the entire work is not copied, infringement occurs if a substantial or material part is reproduced.
  • Courts assess quality, not quantity — even a small but essential part can constitute infringement.

Case Reference:
R.G. Anand v. Delux Films (1978):
The Supreme Court held that mere theme similarity is not infringement unless there is substantial reproduction of expression.

🔹 2. Access to Original Work:

  • The infringer must have had access to the original work.
    If access is proven, and similarity is evident, courts may presume copying unless otherwise explained.

🔹 3. Originality of the Plaintiff’s Work:

  • The plaintiff must prove that their work is original and copyrightable.
  • Mere copying of unprotected ideas, facts, or procedures does not amount to infringement.

🔹 4. Unauthorized Use:

  • If any of the exclusive rights under Section 14 are exercised without consent or license, it is considered infringement.

🔹 5. Profit Motive or Commercial Use:

  • Though profit motive is not essential, using the work for commercial gain often strengthens the case for infringement.

🔷 Exceptions: What is Not Infringement (Section 52):

There are several fair use exceptions, where use of copyrighted material is not considered infringement:

  • Private or personal use, including research or education.
  • Criticism, review, or reporting current events.
  • Reproduction by a teacher or student for instruction.
  • Use in judicial proceedings.
  • Making accessible to disabled persons (2012 Amendment).

🔷 Types of Infringement:

Type Description
Primary Infringement Direct violation of exclusive rights (e.g., copying or distributing work without permission)
Secondary Infringement Indirect support to infringement (e.g., selling pirated copies, permitting public display of infringing works)

🔷 Remedies for Infringement:

  1. Civil Remedies (Section 55):
    • Injunction
    • Damages or account of profits
    • Delivery of infringing copies for destruction
  2. Criminal Remedies (Section 63):
    • Imprisonment up to 3 years
    • Fine up to ₹2 lakh
    • Seizure of infringing goods
  3. Administrative Remedies:
    • Customs authorities can seize infringing imports under border measures.

🔷 Conclusion:

Copyright infringement is a serious violation that undermines the creative and economic rights of authors and copyright holders. The Copyright Act, 1957 provides a clear definition and detailed criteria to identify infringement, along with robust remedies. However, the law also maintains a balance by protecting fair use and public interest through statutory exceptions.

🔶 8. Discuss the concept of copyright infringement with specific reference to cinematograph films, literary works, and dramatic works. Provide relevant case laws.

Long Answer:

🔷 Introduction:

Copyright infringement occurs when any person, without the authorization of the copyright owner, exercises rights that are exclusively granted under Section 14 of the Copyright Act, 1957. The nature of infringement can vary depending on the type of work—such as cinematograph films, literary works, and dramatic works. These categories each have their own forms of expression, modes of exploitation, and legal protections under the Act.

🔶 A. Copyright Infringement in Cinematograph Films

🔹 Definition:

Under Section 2(f) of the Copyright Act, a cinematograph film means any work of visual recording and includes sound recordings accompanying such visual recordings.

🔹 Forms of Infringement:

  • Unauthorized duplication or copying of films (e.g., piracy)
  • Broadcasting or streaming without license
  • Public exhibition without permission
  • Using clips or stills in advertisements without consent

🔹 Legal Protection:

Under Section 14(d), the copyright owner has the exclusive right to:

  • Make copies of the film
  • Sell, rent, or distribute copies
  • Communicate the film to the public

🔹 Case Law:

🔸 Super Cassettes Industries Ltd. v. Myspace Inc., (2011)

  • The Delhi High Court held MySpace liable for hosting copyrighted video content without license.
  • The court emphasized that online platforms must take reasonable care to prevent copyright infringement.

🔸 Phantom Films v. CBFC (2015)

  • Though about censorship, it also discussed how unauthorized distribution can amount to infringement.

🔶 B. Copyright Infringement in Literary Works

🔹 Definition:

Literary work is defined under Section 2(o) to include books, articles, computer programs, etc.

🔹 Forms of Infringement:

  • Copying text or content without permission
  • Publishing substantial portions of another’s work
  • Translating or adapting without consent
  • Uploading or distributing digital copies online

🔹 Key Principles:

  • Substantial reproduction is sufficient—even if the whole work is not copied.
  • Idea-expression dichotomy: Only expression is protected, not the underlying idea.

🔹 Case Law:

🔸 R.G. Anand v. Delux Films (1978) – Supreme Court

  • Landmark case defining substantial similarity.
  • The court held that there is no copyright in ideas, only in expression.
  • If the theme is the same, but treatment is different, there is no infringement.

🔸 Civic Chandran v. Ammini Amma (1996) – Kerala HC

  • Staging of a parody based on another play was held to be fair use, not infringement.
  • Importance of criticism, review, and public interest was emphasized.

🔶 C. Copyright Infringement in Dramatic Works

🔹 Definition:

Under Section 2(h), dramatic works include any piece for recitation or performance, including choreographic and acting forms (excluding cinematograph films).

🔹 Forms of Infringement:

  • Unauthorized performance of a copyrighted play
  • Broadcasting a recorded performance without license
  • Publishing the script without permission

🔹 Protection under Section 14(c):

  • Right to reproduce, publish, perform, or adapt the work.

🔹 Case Law:

🔸 Academy of General Education v. B. Malini Mallya (2009)

  • The court recognized that staging a play without consent of the copyright holder is infringement.

🔸 Star India Pvt. Ltd. v. Piyush Agarwal (2013)

  • Unauthorized use of dialogue and content from a dramatic work was held to be infringement.

🔷 Common Criteria for Determining Infringement:

  1. Substantial Copying of the original expression.
  2. Lack of authorization or license.
  3. Intent is irrelevant — even unintentional infringement is actionable.
  4. Commercial use may aggravate damages but is not a necessary condition.

🔷 Exceptions – Not Infringement (Section 52):

  • Fair dealing for criticism, review, research, education
  • Use in judicial proceedings
  • Parody or satire (context-specific)

🔷 Remedies Available:

  1. Civil Remedies (Section 55):
    • Injunction, damages, accounts of profit
  2. Criminal Remedies (Section 63):
    • Imprisonment up to 3 years, fine up to ₹2 lakh
  3. Administrative Remedies:
    • Seizure of infringing goods, border control

🔷 Conclusion:

Copyright infringement in cinematograph films, literary works, and dramatic works involves unauthorized use of protected expression. The Indian Copyright Act, 1957, supported by landmark judicial decisions, provides clear principles to determine infringement and imposes civil and criminal liability. Courts balance the need to protect creators with ensuring freedom of expression and fair use.

🔶 9. Who are the authorities established under the Copyright Act, 1957 for copyright administration and enforcement? Discuss the remedies available for infringement of copyright.

Long Answer:

🔷 Introduction:

The Copyright Act, 1957 provides a robust legal framework for the protection, administration, and enforcement of copyright in India. To implement its provisions effectively, the Act establishes various authorities and institutions responsible for registration, adjudication, and enforcement. In addition, the Act provides civil, criminal, and administrative remedies to address copyright infringement.

🔶 A. Authorities under the Copyright Act, 1957:

1. Copyright Office

  • Established under Section 9 of the Act.
  • Headed by the Registrar of Copyrights.
  • Administered by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry.

Functions:

  • Registration of copyright and related rights.
  • Maintaining records and issuing certificates of registration.
  • Public access to copyright register.

2. Registrar of Copyrights

  • Appointed under Section 10.
  • Acts as the head of the Copyright Office.
  • Also serves as Secretary to the Appellate Board (prior to merger).

Functions:

  • Supervises the Copyright Office.
  • Maintains the Register of Copyrights.
  • Issues certified copies of entries.
  • Can conduct preliminary inquiries.

3. Appellate Authorities (Now Merged with Commercial Courts):

  • Earlier, appeals were handled by the Intellectual Property Appellate Board (IPAB) under Section 11.
  • In 2021, the Tribunal Reforms Act abolished IPAB and transferred powers to High Courts/Commercial Courts.

Functions (now performed by Commercial Courts):

  • Hear appeals against decisions of the Registrar.
  • Adjudicate on disputes involving assignment and licensing.
  • Grant compulsory licenses and resolve royalty disputes.

4. Enforcement Authorities:

a. Police Authorities

  • Empowered under Section 64 to seize infringing copies without a warrant.

b. Judicial Authorities

  • Civil and Criminal Courts have jurisdiction to try infringement cases and impose penalties.

c. Customs Authorities

  • Under Border Measures Rules (2007), customs officers can detain or seize imported goods suspected of copyright infringement.

🔶 B. Remedies for Infringement of Copyright:

🔷 1. Civil Remedies (Section 55 & 58):

Available through civil courts and include:

🔹 a. Injunction:

  • Temporary or permanent orders restraining further infringement.

🔹 b. Damages:

  • Compensatory or punitive damages for economic loss and harm.

🔹 c. Accounts of Profits:

  • Profits made by the infringer are recovered by the copyright owner.

🔹 d. Delivery and Destruction:

  • Court can order surrender and destruction of infringing copies and materials.

🔷 2. Criminal Remedies (Sections 63, 63A, 63B):

Applicable when infringement is willful and for commercial purposes.

🔹 a. Punishment:

  • Imprisonment: Minimum 6 months, extendable to 3 years
  • Fine: ₹50,000 to ₹2 lakh

🔹 b. Enhanced Penalties (Section 63A):

  • For repeat offences, imprisonment up to 7 years and fine up to ₹2 lakh.

🔹 c. Seizure and Forfeiture:

  • Police may seize infringing goods.
  • Courts can order forfeiture and disposal of such goods.

🔷 3. Administrative Remedies:

🔹 a. Border Enforcement:

  • As per the Copyright Rules, 2013, import of infringing goods can be blocked.
  • Rights holders can register their copyright with Customs and seek suspension of imports.

🔹 b. Blocking Online Content:

  • Courts can issue orders to ISPs and platforms to block access to infringing material.
  • Based on provisions under the Information Technology Act, 2000.

🔷 Conclusion:

The Copyright Act, 1957 establishes a well-defined institutional and enforcement mechanism for copyright protection. Authorities like the Copyright Office, Registrar, and High Courts/Commercial Courts play vital roles in administration and dispute resolution. In cases of infringement, the law provides civil, criminal, and administrative remedies to ensure both deterrence and compensation. These provisions aim to protect the economic and moral rights of creators while promoting innovation and access to creative works.