Copyright, Features, Laws

Copyright is a legal right granted to the creator of original works such as literary, artistic, musical, dramatic, cinematographic, or software content. It gives the creator exclusive rights to reproduce, distribute, perform, display, or license their work, usually for a specific period (in India, lifetime of the author plus 60 years). Copyright protects the expression of ideas, not the ideas themselves. It encourages creativity by ensuring that authors and artists can benefit financially and morally from their creations while preventing unauthorized use or reproduction by others.

Features of Copyright:

• Protection of Original Work

Copyright protects original literary, artistic, musical, dramatic, cinematographic, and computer software works. Originality means the work must originate from the author and involve minimal creativity, even if it’s simple. The protection is automatic upon creation and does not require registration, although registration serves as legal evidence in disputes. Importantly, copyright safeguards the expression of ideas, not the idea itself, ensuring that creators receive legal recognition and protection for the unique way they express their thoughts or concepts.

• Exclusive Rights of the Creator

Copyright grants exclusive rights to the creator or copyright holder to use, reproduce, distribute, adapt, perform, or display their work. These rights allow the owner to control how their work is used commercially and non-commercially. The creator can also license or transfer rights to others for royalty or profit. These exclusive rights act as a strong incentive for creative professionals by offering them both economic benefits and moral recognition for their contributions to art, literature, science, and technology.

• Moral Rights

In addition to economic rights, copyright includes moral rights, which ensure the personal connection between the creator and the work. These rights include the right of attribution (to be identified as the author) and the right of integrity (to object to distortion or modification of the work that could harm the creator’s reputation). Moral rights are independent of ownership and usually remain with the author even after the work is sold or licensed. They emphasize respect for the creator’s dignity and identity.

• Automatic Protection

Copyright protection is automatic upon the creation of an original work fixed in a tangible form—such as written, recorded, or saved digitally. No registration is needed to obtain copyright, although official registration is beneficial for legal proof in case of infringement. This feature helps simplify the process of securing rights and ensures that all creators, regardless of financial means, receive immediate legal protection. It fosters a more inclusive environment for creativity across cultures and professions.

• Time-Bound Protection

Copyright is granted for a limited duration, after which the work enters the public domain. In India, this period typically lasts for the lifetime of the author plus 60 years. For works of joint authorship, anonymous works, or corporate authorship, the term may vary. Once the copyright expires, the work can be freely used by the public without permission or payment. This ensures a balance between rewarding creators and enriching the public with creative and cultural resources over time.

• Transferability and Licensing

Copyright can be assigned or licensed to others, allowing the copyright holder to earn royalties or delegate usage rights. Licensing can be exclusive or non-exclusive and may be limited by time, geography, or purpose. This feature allows creators to commercialize their works without losing ownership, and businesses can use copyrighted content legally through proper agreements. Transferability supports a flexible creative economy and enables collaborative ventures across different industries like publishing, film, music, and education.

• Legal Remedy for Infringement

Copyright law provides strong legal remedies in case of infringement. Unauthorized reproduction, distribution, or public display of copyrighted work is punishable under the law. Remedies include injunctions, damages, penalties, and seizure of infringing materials. Courts may also award compensation or impose fines depending on the severity of the violation. These enforcement mechanisms ensure that creators’ rights are protected and violators are held accountable, deterring piracy and promoting respect for intellectual property in both physical and digital realms.

Copyright Law in India:

1. Governing Legislation

The law governing copyright in India is the Copyright Act, 1957, which came into force on January 21, 1958. It has been amended six times (notably in 1994 and 2012) to keep up with technological changes and to align with international conventions such as the Berne Convention, TRIPS Agreement, and WIPO treaties.

2. What Copyright Protects

Under the Act, copyright protects original works of authorship, including:

• Literary works (books, articles, computer programs)

• Dramatic works (scripts, plays)

• Musical works (lyrics, scores)

• Artistic works (paintings, drawings, photographs)

• Cinematographic films

• Sound recordings

• Architectural designs

• Computer software (as literary works)

Note: Copyright protects the expression of an idea, not the idea itself.

3. Rights Granted by Copyright

The Act provides two types of rights:

a) Economic Rights:

These include the right to:

• Reproduce the work

• Distribute copies

• Perform or communicate the work publicly

• Translate or adapt the work

• License the work for profit

b) Moral Rights:

These include:

• Right of Paternity: To be identified as the author

• Right of Integrity: To object to distortion or mutilation of the work

4. Duration of Copyright

The general rule is:

• Literary, musical, artistic, and dramatic works: Lifetime of the author + 60 years

• Cinematograph films and sound recordings: 60 years from publication

• Anonymous or pseudonymous works: 60 years from publication

• Posthumous works: 60 years from the year of publication

5. Copyright Registration

Though registration is not mandatory, it serves as prima facie evidence in court in case of infringement disputes.

• Applications must be filed with the Copyright Office under the Registrar of Copyrights, Department for Promotion of Industry and Internal Trade (DPIIT).

• Registered works are entered into the Register of Copyrights.

6. Infringement and Remedies

Copyright infringement includes:

• Unauthorized reproduction

• Public performance without permission

• Selling or distributing pirated copies

• Uploading or downloading content illegally

Remedies available:

• Civil: Injunctions, damages, account of profits

• Criminal: Imprisonment (up to 3 years), fine (up to ₹2 lakh)

• Administrative: Seizure of infringing goods

7. Fair Use and Exceptions

Certain uses of copyrighted material are allowed under Section 52 as “fair dealing”:

• For research or private study

• Criticism or review

• Reporting current events

• Educational use

• Judicial proceedings

8. 2012 Amendment Highlights

The Copyright (Amendment) Act, 2012 made significant changes:

• Recognized the rights of lyricists and composers in films

• Enabled royalty sharing in digital media

• Protected the rights of disabled persons to access content

• Extended statutory licensing to broadcasters

• Strengthened anti-piracy measures and digital rights management

9. International Protection

India is a member of several international copyright treaties:

• Berne Convention (1886)

• Universal Copyright Convention

• TRIPS Agreement (WTO)

• WIPO Copyright Treaty (WCT)

• WIPO Performances and Phonograms Treaty (WPPT)

Thus, Indian works receive protection in all member countries.