All you need to know about- The Copyright Act, 1957

The Copyright Act, 1957, together with the Copyright Rules, 1958 is the governing law for copyright protection in India. Indian copyright law is in uniformity with the international standards as contained in the TRIPS Agreement. The Copyright Act, 1957, following the amendments in 1999, 2002 and 2012, fully exhibits the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a party. Also, India is a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is a dynamic member of the World Intellectual Property Organization
(WIPO) and United Nations Educational, Scientific and Cultural Organization (UNESCO).

Subject Matter of Copyright:

According to the Section 13 of The Copyright Act, 1957, copyright prevails in the following works: (a) original
literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recordings.

The subject matter of copyright can be classified in the following heads:

1. Original literary works:

Section 2(o) of the Act gives an inclusive definition of literary work. The copyright exists in the original literary work. It covers the following works –books, question papers, law reports, headnote, business letters, research theses and dissertations, directories, catalogues, computer database stored on tape or by other electronic means etc. Even the adaptations, abridgements and translations are covered under the original literary works.

2. Original dramatic works:

An original dramatic work requires some independent skill, labour or judgment which must be capable of being physically performed. It includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting in a form which is fixed in writing or otherwise excluding cinematograph films.

3. Original musical works:

Section 2(p) of the Act defines “musical work”. It covers work consisting of music and graphical notations of such work but excludes any words or any action, likely to be sung, spoken or performed with the music. The Act makes a clear division between musical work and a song which may or may not be without music.

4. Original artistic works:

It covers paintings, sculptures, drawings, engravings, photographs, work of architecture and any other work of artistic craftsmanship.

5. Cinematograph films and sound recordings:

Section 2(f) of the Act defines “cinematograph films” to mean any work of visual recording and includes a sound recording associated such visual recording. Soundtracks are also protected as a part of the cinematograph film and not as a sound recording. Although the Act does not demand that the cinematograph films must be ‘original’ to be fit for copyright protection, no copyright exists in a cinematograph film if a substantial portion of the film is a breach of the copyright in any other work.

Similarly, sound recordings are also protected under the Act. 

Concept of Originality:

The work to be protected under the Act must be original and should not have been copied from another work. Section 13(a) protects original works. It is essential to set the distinction between the idea and the expression contained in the original work. The Copyright Act is not interested in the originality of ideas but with the expression of thought. Such expression must not be copied from another work but must originate from the author.

Ownership of Copyright:

As a general rule, the author of a literary, dramatic or musical work is the first owner of the copyright in that work with some notable exceptions. As per, section 2(d) of the Act, “author” means:

(a) In case of a literary or dramatic work, the author of the work;
(b)In case of a musical work, the composer;
(c) In case of an artistic work other than a photograph, the artist;
(d)In case of a photograph, the photographer;
(e) In case of a cinematograph film or sound recording, the producer; and
(f) In case of any computer-generated work, the person who causes the work to be generated.

Term of Copyright:

Copyright in work does not subsist in perpetuity. As per the Section 22 of the Act, any literary, dramatic musical and artistic work published within the lifetime of the author enjoys copyright protection until sixty years from the start of the calendar year next following the year in which the author dies. In case of copyright of posthumous, anonymous and pseudonymous works, cinematograph films, sound recordings, works of Government, public undertakings and international organization, the term of protection subsist until sixty years from the beginning of the calendar year next following the year in the work is first published.

The Act also provides broadcasting reproduction right to every broadcaster which lasts for 25 years from the start of the calendar year next following the year in the broadcast has been done.

Rights available to the author:

The Copyright Act, 1957 grants following two rights to the author:

1. Economic rights of the author, and
2. Moral rights of the author. 

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