Definition of copyright

Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings.

The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of the work. The scope and duration of protection provided under copyright law varies with the nature of the protected work.

In a 2016 copyright lawsuit, the Delhi High Court states that copyright is "not an inevitable, divine, or natural right that confers on authors the absolute ownership of their creations. It is designed rather to stimulate activity and progress in the arts for the intellectual enrichment of the public. Copyright is intended to increase and not to impede the harvest of knowledge. It is intended to motivate the creative activity of authors and inventors in order to benefit the public."

Copyright law of India

The Copyright Act 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire.

The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.

India is a member of most of the important international conventions governing the area of copyright law, including:

• The Berne Convention of 1886 (as modified at Paris in 1971)
• The Universal Copyright Convention of 1951
• The Rome Convention of 1961
• The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)

Initially, India was not a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) but subsequently entered the treaty in 2013.

Applicable Copyright Act before 1958

Prior to 21 January 1958, the Indian Copyright Act, 1914, was applicable in India and still applicable for works created prior to 21 January 1958, when the new Act came into force. The Indian Copyright Act, 1914 was based on the Imperial Copyright Act of 1911 passed by the Parliament of the United Kingdom, but was slightly modified in terms of its application to Indian law. According to this Act, the period of copyright for photographs was 50 years from the time it was created.

Act language is: "the term for which copyright shall subsist in photographs shall be fifty years from the making of the original negative from which the photograph was directly or indirectly derived, and the person who was owner of such negative at the time when such negative was made shall be deemed to be the author of the work, and, where such owner is a body corporate, the body corporate shall be deemed for the purposes of this Act to reside within the parts of His Majesty's dominions to which this Act extends if it has established a place of business within such parts." For photographs published, before 21 January 1958 in India, the period of copyright is thus 50 years, as for them the old Act is applicable.

Benefits of Copyright

• Exclusive use: Once you get copyright for your work, others cannot use it without permission. If any infringement takes place, you can carry out legal action.
• Record of ownership: Once you get the copyright registered, there will be a public record of the ownership of your work.
• Preventing misuse: You can prevent misuse of your work by registering a copyright. You will have more control over how it is presented to the public.
• Economic gain: The most crucial benefit is the economy you derive from the same. You will have the sole right to any revenue that accrues from your original work.
• Encourages creativity: It encourages general creativity in society as owners enjoy the benefits of creative work.

Procedure for Copyright Registration

The following process has to be followed while registering copyright:

Steps for Copyright Application

• An application including all the particulars and the statement of the particulars in Form 4 should be sent to the registrar along with the requisite fees. This is mentioned in Schedule 2 of the act. Additionally, a separate application can be made for separate works.
• The government has assigned a list of different works.
• Every application must be signed by the applicant. Additionally, they must get a sign from the POA that has been executed.
• The registrar will then give a diary number, and there will be a period of 30 days for any objections received.
• If you don't receive any objections, the scrutinizer will check if the application has any fault. Additionally, if there are no corrections, the registration will be done correctly. A citation will be given to the registrar for a note in the Register of Copyrights.
• Additionally, if the examiner finds any Copyright Objection, he/she will send a letter to both the parties and will give them a hearing.
• Once the hearing is done, the objections will be resolved, and the scrutinizer will approve the application.

Advantages of Copyright Law

• Prevention of monetary loss: There are many advantages of copyright registration for the authors of original works. One of the biggest benefits of copyright protection is preventing losses arising from copies being made of the original work. Violation of copyright registration is commonly known as 'piracy'. In India, all of us are familiar with the word. 'Pirated' books, DVDs, and music videos are commonly available on the streets of most major cities. Not only are these shoddily produced, but they also lead to enormous losses for publishers and authors. Movies and software are also illegally downloaded and shared through peer-sharing networks.
   
• Legal protection: There are other benefits that copyright registration gives under the law. The act of registration gives shelter to published work. Without such registration, it becomes difficult to prove the case of the owner in court. For example, a film producer may make a movie that is similar to one that was released earlier. But without copyright registration, it won't be easy to prove that it was plagiarised in court. The onus is on the creator to prove authenticity.
   
• Pre-emptive measure: Another one of the benefits of a copyright is that the registration is on record so that it dissuades others from making unauthorized use of your work. If you discover that someone is copying your work, you can send a `cease' notice. So you don't have to bother about legal proceedings at a later stage. This saves a lot of time and money.
   
• The incentive to create: Perhaps one of the biggest benefits of copyright law is that it fosters an atmosphere of creativity and innovation. For example, an information technology company can spend millions developing new software. It will do so in the expectation of making money, and copyright law ensures that it can reap the benefits. Similarly, music companies can create new music without worrying about it being copied and distributed without consent.
   
• Protecting reputations: By protecting original work, copyright registration ensures that the reputation of their creators/authors is protected. For example, a music composer or author is in a position to prevent shoddy copies of his or her work, preventing any loss of reputation.
   
• Prestige: Another advantage of copyright protection is that it gives the holder the prestige that a certain work belongs to him or her.

Disadvantages of Copyright
As beneficial as copyright protection can be, there are also several disadvantages .These disadvantages encompass various aspects of copyright registration and management.

• Costly and Time-consuming: Registering copyright involves a lot of paperwork, interactions with copyright offices, and a considerable amount of time and effort. Additionally, there's a fee to pay, and this cost can be a barrier, especially for individuals or small businesses with limited resources. The copyright fee can vary depending on the jurisdiction and the type of work being registered.
   
• Public Disclosure of Work: By registering your copyright, you disclose information about your work, which may result in others gaining access to your ideas and expressions. There is a risk that competitors or individuals may use this information to create derivative works.
   
• Limited Duration of Protection: Copyright protection has a limited duration, requiring you to actively monitor and potentially renew your registration to maintain protection. Failing to renew on time can result in the loss of copyright benefits.
   
• Need for Enforcement: While copyright grants you exclusive rights, enforcing those rights may require resources and legal action on your part. This can involve hiring legal representation, pursuing litigation, or engaging in negotiations to resolve infringement issues.
   
• Complexity of Copyright Law: Copyright law can be complicated, and understanding its nuances may necessitate legal advice, adding to the overall complexity of copyright management. This can be particularly challenging for individuals or small businesses without legal expertise at hand.
   
• Potential for Litigation: In the event of infringement, pursuing legal action may involve litigation, which can be costly, time-consuming, and uncertain. The outcome of copyright infringement cases can be unpredictable, and the financial burden of litigation can outweigh the potential benefits.
   
• No Protection for Ideas, Only Expression: Copyright only protects the specific expression of ideas, not the ideas themselves. Ideas can be freely used by others unless they are expressed in a tangible form. This limitation leaves room for others to create their own works based on similar concepts.
   
• Geographic Limitations of Protection: Copyright protection is limited to the jurisdictions where it is obtained, and legal rights and enforcement may not extend globally. This can create challenges when dealing with infringement occurring in different countries where copyright laws may differ.
   
• Regular Renewal of Requirements for Maintaining Registration: To maintain copyright protection in some jurisdictions, you must renew your registration periodically, which may involve additional administrative efforts and fees. Failing to meet these renewal obligations could result in the loss of copyright protection.
   
• Suppression of Free Expression and Creativity: Excessive enforcement of intellectual property rights has the potential to inhibit the expression of creativity and innovation. This is primarily due to the limitations imposed by copyright laws on the use of copyrighted content for educational, artistic, or transformative purposes, hindering the development of derivative works or transformative art.

Caselaws

• Hawkins Cooker Ltd. vs. Magicook Appliances: In a legal battle between Hawkins Cooker Ltd and Magicook Appliances, Hawkins claimed that Magicook Appliances had infringed on their registered trademark under the Copyright Act of 1957 by using it on their pressure cooker line without permission. The court ruled in favor of Hawkins Cooker Ltd and prohibited Magicook Appliances from using the Hawkins Cooker Ltd label. In addition, the court mandated that Magicook Appliances provide compensation to Hawkins Cooker Ltd for all purported merchandise, written works, and other materials used in the manufacturing of the unauthorised products.
   
• Ratna Sagar (P) Ltd. v. Trisea Publications & Ors., 1996 PTC (16) 597:
  Ratna Sagar (P) Ltd. v. Trisea Publications & Ors. was a legal battle in which the plaintiff, a prominent publisher of children's books named "Living Science," filed a copyright infringement claim against the respondent, the publisher of "Unique Science."

The plaintiff vehemently contended that the defendant's literary masterpiece was a cunning copycat of their own ingenious work.

Upon examining both publications, the court concluded that the respondent was guilty of copyright infringement and, in accordance with Sections 14 and 19 of the Copyright Act, issued a perpetual injunction against the act.

Written By: Sakshi Shekhawat, BALLB 4 Year - Mohan Lal Sukhadia University, College Of Law Udaipur