Module 4: Copyright Law & Digital Rights - Assessment

Section 13 provides that copyright subsists in original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. Registration is not mandatory for copyright protection.

Originality in copyright means the work originated from the author (not copied) and involves minimal creativity or skill. It does not require novelty as in patent law.

The idea-expression dichotomy, established in R.G. Anand v. Delux Films, holds that copyright protects the original expression of ideas, not the underlying ideas, facts, or concepts themselves.

Section 2(o) defines literary work broadly to include computer programs, tables, compilations including computer databases, and works expressed in words, figures, or symbols.

Copyright protection is automatic upon creation of an original work in tangible form. Registration is optional but provides evidentiary benefits in enforcement proceedings.

Section 2(c) defines artistic work to include paintings, sculptures, drawings, engravings, photographs, works of architecture, and works of artistic craftsmanship.

Section 17 provides that the author is the first owner of copyright, subject to exceptions for works made during employment, commissioned works, and government works.

Section 17(c) provides that for works made by an employee in course of employment under a contract of service, the employer is the first owner unless there is an agreement to the contrary.

Under Section 22, copyright in literary, dramatic, musical, and artistic works (other than photographs) subsists for 60 years from the beginning of the calendar year following the author's death.

Under Sections 26 and 27, copyright in cinematograph films and sound recordings subsists for 60 years from the beginning of the calendar year following publication.

Under Section 22, for works of joint authorship, the copyright term of 60 years is calculated from the death of the last surviving author.

Under Section 23, copyright in anonymous/pseudonymous works subsists for 60 years from publication. If identity is disclosed before expiry, normal term (life + 60) applies.

Section 14 grants exclusive rights including reproduction, publication, public performance, communication to public, making adaptations/translations, and issuing copies.

Section 57 provides moral rights: (1) Right of paternity - to claim authorship, and (2) Right of integrity - to prevent distortion, mutilation, or modification prejudicial to honor or reputation.

Under Section 57, moral rights are independent of economic rights and persist even after assignment of copyright. They cannot be assigned but may be waived in limited circumstances.

Section 2(ff) defines "communication to the public" broadly to include electronic transmission, broadcasting, and making works available online where the public can access them.

Section 38 grants performers exclusive rights to make sound/visual recordings, reproduce recordings, broadcast/communicate performance, and moral rights under Section 38B.

Section 37 grants broadcasting organizations special rights for 25 years from the beginning of the calendar year following the year of broadcast.

Section 2(a) defines adaptation to include dramatization, conversion to novel, arrangement, abridgment, and any form that involves rearrangement or alteration of the work.

Section 14(b) grants exclusive rights for computer programs including reproduction, copies to public, communication, translation, adaptation, and importantly, commercial rental rights.

Under Section 48, registration is voluntary but the Register of Copyrights is prima facie evidence of particulars entered. Registration helps in enforcement proceedings.

Form XIV under the Copyright Rules is the prescribed form for application for registration of copyright with the Copyright Office.

Section 19 requires assignment to be in writing signed by the assignor or duly authorized agent, specifying rights assigned, duration, territorial extent, and amount of royalty.

Section 19A provides that if an assignee fails to exercise assigned rights within one year of assignment, the rights revert to the author unless otherwise specified in writing.

A license grants permission to do acts otherwise restricted by copyright without transferring ownership, while assignment transfers ownership of the copyright itself.

The Copyright Board was abolished in 2017, and its functions were transferred to Commercial Courts at district level and High Courts having jurisdiction.

Section 52 lists acts that do not constitute copyright infringement, including fair dealing for private use, research, criticism, review, news reporting, and various educational uses.

Section 52(1)(a) permits fair dealing for private or personal use including research, private study, criticism, review, or reporting of current events.

Section 52(1)(i) permits reproduction by a teacher or pupil in course of instruction, including questions and answers in examinations.

The Berne three-step test (Article 9(2)) requires exceptions to be: (1) limited to special cases, (2) not conflict with normal exploitation, (3) not unreasonably prejudice legitimate interests.

Section 52(1)(zb) (added in 2012) permits making accessible format copies for persons with disabilities, implementing the Marrakesh Treaty obligations.

Parody is not explicitly listed in Section 52 but may qualify under fair dealing for criticism or review. Courts examine transformative nature and impact on market.

Section 51 provides that copyright is infringed when any person, without license, does anything which only the copyright owner has exclusive right to do, or permits commercial use of infringing copies.

Section 55 provides civil remedies including injunction, damages, accounts of profits, and delivery up of infringing copies for destruction.

Section 63 provides for imprisonment of minimum 6 months up to 3 years and fine of Rs. 50,000 to Rs. 2 lakhs for knowing infringement for commercial purposes.

Substantial similarity examines whether the allegedly infringing work copies a substantial or material part of the original's protectable expression, considering quality over quantity.

Anton Piller orders are ex parte civil search orders allowing plaintiffs to search premises and seize evidence to prevent destruction before trial notice is given.

Secondary infringement includes making available, selling, distributing, exhibiting, or importing infringing copies for sale/hire, when the person knows or has reason to believe they are infringing.

TPMs are technological measures like encryption, access controls, and copy controls used by rights holders to protect digital works from unauthorized access or copying.

Section 65A (added in 2012) prohibits circumvention of effective technological measures applied to protect copyright, with exceptions for permitted uses.

Section 65B prohibits removal or alteration of rights management information (information identifying work, author, owner, terms of use) without authority.

Streaming typically involves temporary/transient copies in RAM that are not retained, while downloading creates permanent copies on the user's device.

Section 79 of IT Act provides safe harbor if intermediary acts as mere conduit, does not initiate/modify content, and expeditiously removes content upon actual knowledge of infringement.

Creative Commons licenses are standardized copyright licenses allowing creators to grant specific permissions (attribution, non-commercial, share-alike, no-derivatives) while retaining copyright.

PPL is a registered copyright society representing sound recording owners/labels, collecting royalties for public performance and broadcasting of recorded music in India.

IPRS is a copyright society representing composers, lyricists, and music publishers, collecting royalties for the underlying musical and literary works in songs.

The 2012 amendments ensure that authors of underlying works (composers, lyricists) are entitled to equal share of royalties for non-theatrical exploitation of their work.

A synchronization (sync) license permits use of music in timed synchronization with visual images in films, TV shows, advertisements, video games, and other audiovisual content.

Under Section 17(b), the producer is the first owner of copyright in the cinematograph film, though underlying works (script, music, lyrics) have separate copyright with their respective authors.

Under Section 33, copyright societies must be registered with the Registrar of Copyrights. Only one society can be registered per class of works, and they must follow prescribed norms.