COPYRIGHT LAWS

COPYRIGHT LAWS

COPYRIGHT LAWS IN INDIA 

BY-
PRAVEEN KAUSHIK 

  

DEFINITION :- Copyright is a bundle of right given by the law to the creators of literary, dramatic, musical and artistic work and producers of the cinematograph films and sound recordings.
The Right provided under copyright law includes the rights of production of work communication, the public adaption of the work and translation of the work.  

  

ORIGIN OF COPYRIGHT LAWS:- The world first copyright law was the statute of Anne, enacted in England in 1710. This act introduced the concept of the author being the owner of its copyright and laid out fixed terms of protection. In India evolution of copyright act has been in 3 phases. First in (1847) when the British East India Company was established. Second phase was in 1914 when the Indian legislature under the British Roy enacted the copyright act of 1914. It was almost similar to U.K. copyright act of 1911.The major change was criminal sanction for infringement, number of times amendments were done in this act until 1957. The Copyright Act 1957 was enacted in order to suit the provision of the Berne convention. This act was enacted by independent India by which are governed. 

  

"In Copyright Act 1957 there are IX Chapters and 28 Sections with 2 Schedules and V Forms in Schedule I"  

  

Comparison with other countries:-

The Indian copyright act is same as in England but there are some differences between Indian, U.S. and British copyright laws. 

The U.S. copyright states that "copyright..... has came to mean that body of exclusive right granted by law to copyright owner for protection of this work ."  

Indian law on the other hand supplies a statutory definition of copyright in section 14 of the copyright act of 1957. There is minor difference in terminology with regards to the concept of fair use in the U.S. and India. U.S. law uses the term "fair use" while British and India law uses "fair dealing". 

Case laws and Penal scenario:-  

SANJEEV PILLAI v. VENUKUNNAPALLI
  

In deciding the issue , the court noted that the first sub-section of Section 57(1) provides the author to restrain third parties and the second sub-section provides the author the entitlement to claim damages by such third party in respect of any distortion, mutilation or other modifications to his work or any other action, in relation thereto which would be prejudicial to his honor or reputation. This provided the appellant an unparalleled advantage in the case and that his assignment of the work would not exhaust the legal right to claim authorship over it . 


U T.V Software Communication Ltd. v. 1337 X. TO and Others.  

The Court granted a permanent injunction in favour of the Plaintiff, along with awarding the cost of the litigation. The Court, therefore, recommended that DoT and MeITY should frame a policy to issue warnings to the consumers watching infringing content. In the event that viewers continue to watch the infringing content, then fines may be levied against such viewers.  

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