Copyright protection in India DM 03/09/2018

Scope of Copyright Original Literary, Dramatic, Musical and Artistic Works Work: Ideas expressed in material form No copyright in ideas or facts Cinematograph Films Sound Recordings Software's 2

To bring economic benefits Rights of author To bring economic benefits Right of Reproduction: Making copies e.g. an edition of a novel, Storage in computer memory Right of Distribution/Issuing Copies including Digital Distribution Right of Communication to the Public Public Performance Internet Communication Adaptation Rights: Conversion into another form e.g. literary to drama, Abridgement, Picturizations, comic formats etc. Right to make a cinematograph film or sound recording Translation Rights Rental Rights Resale Rights for original artistic works. 3

Ownership of Rights Literary – author Drama – Dramatist Music – Composer Artistic work – Artist e.g. Painter, sculptor, architect Photograph – Photographer Author of Computer Programme – Person who causes the work to be created Cinematograph film – producer Sound Recording – producer When more than one author- joint ownership

Exceptions to Author as Owner of Rights In the course of employment – employer Employment by newspaper, magazine – employer has publishing right; other rights with author Photograph, painting, cinema for valuable consideration – person who pays money Lecture delivered in public – Person delivering Government Work – Government Public Undertaking Work – public undertaking Work of International Organization – International Organization Work of apprentice – to Teacher If teacher writes a book then teacher (because he is employed to teach and not write). Question Papers – Paper setter Encyclopaedia, dictionary – editor for collection Music under contract by film producer – film producer 5

Securing Copyright Securing copyrights Formality free protection Voluntary Registration (S. 44 & 45) Registration does not as a matter of law establish that what is registered is in fact and in law copyrightable subject matter Duration of Copyright Literary, dramatic, Musical and Artistic Works published during life time of author: Life + 60 years All other works such as Posthumous, Anonymous Works, Works of Government and Organizations, Cinema and Sound Recording, Photograph and software: : 60 years from date of publication 6

Copyright infringement Use of any copyrighted work without the permission of the owner amounts to copyright infringement. Infringement occurs when a person intentionally or unintentionally copies/uses the work of another without credit. Infringement is usually classified into two categories Primary infringement Secondary infringement. Primary infringement is the actual act of copying, while secondary infringement includes unauthorised dealings like selling the pirated books, importing etc. In the case of secondary infringement, knowledge of infringement is present with the infringer while in the case of primary infringement, knowledge may or may not be present.

What does not amount to infringement There are certain acts that do not amount to copyright infringement. Such uses of a copyrighted work are permitted without the need to obtain the permission of the copyright owner. Fair use: An important defense against copyright infringement, defined under Section 53 of the Copyright Act. use of a copyrighted work for research, study, criticism, review, news reporting, use in a library, schools and legislation. Connected with judicial proceeding. Performance by an amateur club or society, if the performance is in front of a non-paying audience.

Important cases Hindustan Lever Limited, vs Nirma Private Limited (1991) Apple Computer Inc vs Microsoft Corporation (1994) Eastern Book Company & Ors vs D.B. Modak(2007) All three cases are discussed in class.

Remedies available for Infringement of Copyright The remedies for copyright infringement are: Civil Criminal, and Administrative 1. Civil Remedies: The civil remedies includes Injunction, Damages and Accounts of profit. a) Injunction: An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.

b) Damages: In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury. The rules for damages can and frequently do vary based on the type of claim which is presented. At common law, damages are categorized into compensatory (or actual) damages, and punitive damages. c) Accounts of Profit: An account of profits is a type of equitable remedy most commonly used in cases of breach of fiduciary duty or any civil wrong. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment. 2. Criminal Remedies: The Indian Copyright Act 1957 also provides for criminal liability to offenders of Copyright Infringement. Section 63 mentions that when someone intentionally infringes or abets infringement of Copyright Infringement he/she is liable for an imprisonment of 6 months which may extend to three years and fine of fifty thousand but which may extend to two lakhs. Section 63A further talks about enhanced punishment for habitual offender's according to which the minimum imprisonment term is 1 years and minimum fine is 1 Lakh Rupees.

Jurisdiction of Courts 3. Administrative remedies: Administrative remedies consist of moving the Registrar of copyrights to ban the import of infringing copies into India and seizing of infringing copies. Jurisdiction of Courts A suit or other civil proceedings relating to infringement of copyright is filed in the District Court or High Court within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant Limitation The period of limitation for filing the suit is three years from the date of infringement.

Thank you