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Copyrights

What is Copyright? (Definition and Protection of Expression)

Explanation: Copyright is a legal right granted to creators of original works of authorship, including literary, dramatic, musical, and artistic works. It protects the expression of an idea, not the idea itself. Copyright provides creators with exclusive rights to control how their works are used, copied, distributed, adapted, performed, and displayed. Protection is automatic as soon as an original work is created and fixed in a tangible medium. While registration is not mandatory in India, it offers legal advantages, such as stronger enforcement in court.

Indian Real-Life Example: Consider a popular Indian film:

  • The film producer owns copyright in the cinematograph film itself (visual and audio recording).
  • The screenwriter owns copyright in the script (literary and dramatic work).
  • The music composer owns copyright in the musical work (songs and background score).
  • The singer and record label may own copyright in the sound recording.
  • The choreographer owns copyright in choreographic work, if recorded.
  • The set and costume designers may hold copyright in their artistic works.

Key Takeaway: Copyright protects creative expression, giving authors control over their works and how they are shared.

Subject Matter of Copyright (Types of Works Protected)

Explanation: The Indian Copyright Act, 1957 protects a wide range of creative works, including:

  • Literary Works: Books, articles, scripts, computer programs, databases.
  • Musical Works: Songs, compositions, musical scores.
  • Dramatic Works: Plays, scripts, choreographic works (if recorded).
  • Artistic Works: Paintings, sculptures, photographs, logos, architecture.
  • Cinematograph Films: Movies, TV shows, videos.
  • Sound Recordings: Music, audiobooks, recorded speeches.

Indian Real-Life Example: A novel written by an Indian author:

  • The text is a literary work.
  • The cover design is an artistic work.
  • The audiobook version is a sound recording.
  • If adapted into a film, it becomes a cinematograph film, based on the literary work.

Key Takeaway: Copyright applies to diverse creative works, not just books or movies, but also software, logos, and artistic expressions.

Who is the Author? (Defining Authorship and Ownership)

Explanation: The author is generally the creator of a work, but the definition varies:

  • Literary and Dramatic Works: The writer.
  • Musical Works: The composer.
  • Artistic Works: The artist.
  • Photographs: The photographer.
  • Cinematograph Films & Sound Recordings: The producer.
  • Computer Programs: The programmer.

Indian Real-Life Example: In a Bollywood film:

  • The screenwriter is the author of the script.
  • The music composer is the author of the score.
  • The cinematographer is the author of the film photography.
  • The producer (e.g., Yash Raj Films) is considered the author of the entire film.

Key Takeaway: Authorship determines who initially owns copyright. In collaborative works like films, authorship can be divided among multiple contributors.

Duration of Copyright Protection

Explanation: Copyright protection in India lasts:

  • Lifetime of the author + 60 years (for literary, dramatic, musical, and artistic works).
  • 60 years from publication (for cinematograph films, sound recordings, and government works).

Indian Real-Life Example: A writer who dies in 1980:

  • Their books remain under copyright protection until 2040 (1980 + 60 years).
  • After 2040, the works enter the public domain and can be freely used.

Key Takeaway: Copyright protection is long-term, ensuring the creator’s legacy benefits their heirs before works become publicly accessible.

Fair Dealing/Fair Use in Copyright (Educational Context – DU Photocopying Case)

Explanation: Copyright law includes exceptions for education, research, criticism, and news reporting. "Fair dealing" (India) or "fair use" (US) allows limited use of copyrighted works without permission under specific conditions.

DU Photocopying Case: Delhi University’s course packs included textbook excerpts without permission. The Delhi High Court ruled:

  • Course packs were for educational purposes and qualified as fair dealing.
  • The copied amount was reasonable and necessary.
  • The university did not profit from the copying.

Indian Real-Life Example: Universities legally copy book excerpts for academic use under fair dealing, provided they do not commercially exploit the materials.

Key Takeaway: "Fair dealing" supports educational access while preventing excessive or commercially exploitative copying.

Key Copyright Cases in India

  • Novex Communications v. Lemon Tree Hotels (2019): Established that hotels need a public performance license to play copyrighted music.
  • Sony Music v. MySpace (2011): Addressed copyright infringement by online platforms for hosting unlicensed music.
  • DU Photocopying Case (2016): Ruled in favor of educational fair dealing.

Key Takeaway: Copyright cases shape legal interpretation, balancing creator rights with public access.

Final Thoughts

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