Indian Copyright law is on par with the international standards contained in TRIPS. The (Indian) Copyright Act, 1957, as amended in 1999, fully reflects the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a signatory. India is also a signatory to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is an active member of the World Intellectual Property Organization (WIPO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).
It is worth noting that alongside the (Indian) Trade Marks Act, 1999, protection can also be obtained under the (Indian) Copyright Act, 1957 in respect of artistic works, designs, style, get-up and colour combinations of packaging and labels that are eligible for registration under the (Indian) Trade Marks Act, 1999 as a trademark.
Works Protected in India
Under the (Indian) Copyright Act, 1957, the following categories of works are protected:
- Artistic works including paintings, sculptures, drawings (including illustrations, maps, charts or plans), engravings, photographs, works of architecture, and works of artistic craftsmanship, as well as dramatic works
- Literary works (including computer programs, tables, compilations and computer databases)
- Musical works (including music and graphical notation)
- Sound recordings
- Cinematograph films
To keep pace with the international requirement for harmonisation, the Copyright Act, 1957 has aligned Indian copyright law with developments in the information technology industry, covering satellite television, computer software, and digital technology. The amended law also makes provisions to protect performers’ rights as envisaged in the Rome Convention.
Registration of Copyright
In India, registration of copyright is not mandatory as registration is treated as a mere record of fact. Registration does not create or confer any new right and is not essential for initiating action against infringement. This position has been upheld by Indian courts in a number of judgments. There is no prescribed time limit within which registration of a copyright must be obtained. In practice, registration of a copyright typically takes between 1 and 1½ years.
Requirements for Registration of Copyright
Awareness of Intellectual Property (IP) laws remains considerably low among enforcement authorities in India, and the majority of IP litigation is concentrated in metropolitan cities. It is nonetheless advisable to register copyright, as a copyright registration certificate is accepted as proof of ownership in courts of law and by police authorities, who are more likely to act on it readily.
Enforcement of Copyright in India
The law of copyright in India provides for civil remedies such as permanent injunction, damages, accounts of profits, delivery of infringing material for destruction, and costs of legal proceedings. It also makes copyright infringement a cognizable offence punishable with imprisonment for a term of not less than six months, extendable to three years, and a fine of not less than fifty thousand rupees, extendable to two lakh rupees. For second and subsequent offences, there are provisions for enhanced fines and penalties under the Copyright Act.
The (Indian) Copyright Act, 1957 empowers the police to register a First Information Report (FIR) and act on their own to arrest the accused, search the premises of the accused, and seize the infringing material without the intervention of a court.
Protection of Foreign Works in India
Copyright in works of foreign nationals whose countries are members of Convention Countries to which India is a signatory are protected against infringement in India through the International Copyright Order, 1999. Indian courts have also been proactive in protecting the copyright of foreign authors and owners, including in respect of software, films (including film screenplays), and databases.
The Government of India is also taking steps to combat piracy in the software industry, the film industry, and the music industry, working alongside industry players through associations and organisations such as NASSCOM (National Association of Software and Service Companies) and NIAPC (National Initiative Against Piracy and Counterfeiting).
Licensing and Assignment of Copyright
Copyright in any work, whether existing or future, must be assigned or licensed in writing by the copyright owner or their duly authorised agent.
Term of Copyright
In the case of original literary, dramatic, musical, and artistic works, the term of copyright is the lifetime of the author and 60 years counted from the year following the author’s death.
In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organisations, protection is for a period of 60 years counted from the year following the date of publication.
From the above, we can conclude that copyright plays a vital role in protecting creators from exploitation. It controls the rights of creators over artistic and literary material in several ways — including the right to make copies, perform in public, broadcast, and use content online — and enables them to obtain an appropriate economic reward.
