Copyright: Basic Concepts – Originality, Idea and

Expression, etc.

🔹 1. Introduction to Copyright

 Definition: Copyright is a legal right granted to the creator of original works of

authorship including literary, dramatic, musical, artistic works, cinematograph films,
and sound recordings.
 Statute: The Copyright Act, 1957 (as amended) governs copyright in India.
 Nature: It is a bundle of exclusive rights such as reproduction, adaptation,
publication, public performance, translation, etc.
 Objective: To promote creativity and protect the moral and economic rights of
creators.

🔹 2. Key Concepts in Copyright

🔹 A. Originality

 Meaning: The work must originate from the author and must not be copied. It must
have some degree of creativity, skill, judgment, or labour.

✅ Tests of Originality:

1. Sweat of the Brow Doctrine:

o Focuses on labour, skill, and effort.
o Recognized in earlier Indian cases like Macmillan Co. Ltd. v. K. & J. Cooper
(1924).
2. Modicum of Creativity Test:
o Recognized in the USA (Feist Publications v. Rural Telephone Service, 1991).
o Requires a minimal level of creativity and independent creation.
3. Indian Position:
o Adopted the creative originality standard post-Eastern Book Company v.
D.B. Modak, (2008) 1 SCC 1.
o A mix of “skill, judgment, and a minimal degree of creativity” is necessary.

🔹 Key Case Law:

 Eastern Book Company v. D.B. Modak (2008): Supreme Court held that copy-
edited judgments with headnotes and formatting are original and copyrightable.
 RG Anand v. Delux Films (1978): Even if the idea is the same, expression must be
different to avoid copyright infringement.
🔹 B. Idea and Expression Dichotomy

 Principle: Copyright protects the expression of an idea but not the idea itself.
 Rationale: Encourages the free flow of ideas while protecting the author’s specific
creative expression.

🔹 Explanation:

 Idea = Abstract concept, theme, plot, facts, etc. (Not protected)

 Expression = Specific form, language, style, structure in which the idea is
manifested. (Protected)

🔹 Key Case Law:

 Baker v. Selden (U.S., 1879): Mere explanation of an idea or method is not

copyrightable.
 RG Anand v. Delux Films (India, 1978): There is no copyright in an idea;
infringement occurs only if the expression is substantially copied.

📌 Example: A love story between two people from rival families is an idea (not protectable),
but the dialogues, screenplay, and presentation in Romeo and Juliet are expressions
(protectable).

🔹 C. Fixation

 Fixation means that the work must be expressed in a tangible medium (writing,
recording, painting, etc.).
 Indian Law: Does not mandate fixation for copyright (unlike the US), but fixation
helps establish proof of creation.

🔹 D. Expression

 Expression refers to the tangible manifestation of a creative idea (written words,

choreography, music, drawing, etc.).
 Only the original expression is copyrightable.

🔹 E. Derivative Work

 Definition: A work based upon one or more pre-existing works (e.g., translation,
adaptation, arrangement).
 Requires permission unless the derivative work is transformative and falls under fair
use.
🔹 F. Compilation and Collective Works

 Copyright may exist in compilations (like encyclopedias or databases) if there is

original selection, coordination, or arrangement.
 Mere collection of data without creativity is not copyrightable.

🔹 Case:

 Govindan v. Gopalakrishna (AIR 1955 Mad 391): Mere effort in compiling a list
doesn't merit copyright.

🔹 3. Copyright vs Patent vs Trademark

Feature Copyright Patent Trademark

Subject Literary/artistic/musical Inventions (new and Brand names, logos,
Matter works useful) slogans
Lifetime of author + 60 Renewable every 10
Duration 20 years
years years
Novelty, inventive step,
Requirement Original expression Distinctiveness
utility
Registration Not mandatory Mandatory Recommended

🔹 4. Public Domain & Fair Use

 Public Domain: Works with expired copyrights or works voluntarily relinquished.

 Fair Use: Limited use of copyrighted work for education, criticism, research, etc.,
without permission.

🔹 5. Moral Rights

 Under Section 57 of the Copyright Act:

o Right of paternity (authorship)
o Right of integrity (protection from distortion or mutilation of the work)

🔹 6. Economic Rights (Section 14)

Include the rights to:

 Reproduce the work

  Issue copies
 Perform the work publicly
 Make adaptations/translations
 Communicate to the public

🔹 Conclusion

 Copyright is a vital intellectual property right encouraging creation and dissemination

of knowledge.
 The foundation lies in originality and the protection of expressions, not ideas.
 Indian jurisprudence increasingly emphasizes a balance between author rights and
public interest, reflecting both statutory and judicial development.

Copyright Law – Subject Matter, Definitions, Rights,

Neighbouring Rights, Infringement, Remedies

🔹 1. Subject Matter and Definitions under the Copyright Act, 1957

🔹 A. Statutory Basis

 The Copyright Act, 1957 is the governing legislation in India, amended several times
(notably in 1994, 2012).
 Applies to Indian citizens and foreign nationals in certain cases.

🔹 B. Key Definitions [Section 2]

Term Definition Section

Person who creates the work (varies by type: e.g., composer,
Author S. 2(d)
writer, photographer)
Includes literary, dramatic, musical, artistic works,
Work S. 2(y)
cinematograph films, sound recordings
Literary Work Includes computer programs, tables, compilations S. 2(o)
Painting, sculpture, drawing, engraving, photograph,
Artistic Work S. 2(c)
architecture
Cinematograph
Visual recording with sound, includes video films S. 2(f)
Film
S.
Sound Recording Recording of sounds regardless of the medium
2(xx)
Adaptation Conversion into another form (e.g., novel to screenplay) S. 2(a)
 Term Definition Section
Reprography Reproduction using photocopying, scanning, etc. S. 2(x)

🔹 C. Subject Matter of Copyright (Section 13)

✅ Protected Works:

1. Original literary works (books, articles, computer programs)

2. Original dramatic works (screenplays, stage plays)
3. Original musical works (melody, not lyrics)
4. Original artistic works (paintings, drawings, photos, architecture)
5. Cinematograph films
6. Sound recordings

❌ Unprotected Works:

 Ideas, facts, methods, names, titles, slogans

 Government documents (under certain exemptions)
 Works in the public domain

🔹 2. Copyright – Nature of Rights

🔹 A. Economic Rights [Section 14]

 Exclusive rights to:

o Reproduce the work
o Issue copies
o Perform the work publicly
o Make translations and adaptations
o Communicate the work to the public
o Sell, rent, or license the work

🔹 Rights by Type:

Type of Work Exclusive Rights (Examples)

Literary/Artistic Reproduction, adaptation, translation
Musical Performance, recording, communication
Cinematograph Copying, screening, broadcasting
Sound Recording Playing, distributing, copying

🔹 B. Moral Rights [Section 57]

  Author’s personal rights:
o Right of Paternity: To claim authorship.
o Right of Integrity: To object to distortion, mutilation, or modification.

🔹 Landmark Case:

 Amarnath Sehgal v. Union of India (2005): Sculptor’s work removed and stored;
Delhi HC upheld moral rights.

🔹 3. Neighbouring Rights / Related Rights

🔹 Definition:

Rights of those who are not original authors but contribute to dissemination (performers,
producers, broadcasters).

🔹 Types of Neighbouring Rights:

Category Description Section

Performers' Rights of actors, dancers, singers, etc. over their live S. 38,
Rights performances and recordings 38A
Broadcasting
Rights of broadcasters against unauthorized rebroadcasts S. 37
Rights
S. 14(e),
Producer's Rights Rights of producers of sound recordings and films
(f)

🔹 Performer’s Rights:

 50-year protection from the year following performance.

 Moral rights included (Section 38B – added by 2012 Amendment).

🔹 4. Copyright Infringement

🔹 A. Meaning [Section 51]

 Copyright is infringed when:

o Work is used without permission or license
o Exclusive rights are violated
 o Unauthorized sale, distribution, or communication occurs

🔹 B. Acts Not Constituting Infringement [Section 52 – Fair Dealing

Exceptions]

 Private or personal use, including research

 Criticism or review
 Reporting current events
 Teaching and examination
 Library reproduction under conditions

🔹 C. Infringement Types:

Type Examples
Direct Infringement Copying, distributing, performing without authorization
Secondary Infringement Selling, renting, or importing infringing copies

🔹 D. Tests for Infringement:

 Substantial similarity
 Access to original work
 Copying of protected elements (expression, not idea)

🔹 5. Remedies for Infringement

🔹 A. Civil Remedies [Section 55, 58]

1. Injunction – Court order to stop the infringement

2. Damages or Accounts of Profit – Compensation or share of profits
3. Delivery up – Seizure and destruction of infringing copies
4. Anton Piller Order – Search and seizure without prior notice
5. Mareva Injunction – Freezing assets of infringer

🔹 B. Criminal Remedies [Section 63 – 70]

 Punishment: Imprisonment (6 months to 3 years), Fine (₹50,000 to ₹2,00,000)

 Cognizable and non-bailable offences
  Offences include:
o Willful infringement
o Sale of infringing copies
o Possession for commercial purposes

🔹 C. Administrative Remedies

 Registrar of Copyrights may assist in dispute resolution and record-keeping.

 Border enforcement measures (customs blocking pirated imports).

🔹 Conclusion

 The Copyright Act provides a comprehensive framework to protect creative works,

balancing the rights of authors and performers with public interest.
 Proper understanding of definitions, subject matter, and remedies is essential for
enforcement and academic analysis.

Copyright Law: Section 52 – Exemptions (Fair Dealing)

and Compulsory Licensing

🔹 1. SECTION 52 – FAIR DEALING / EXEMPTIONS

🔹 A. Meaning of Fair Dealing

 "Fair Dealing" is a statutory exception to copyright infringement.

 It allows limited use of copyrighted material without permission for socially
beneficial purposes.
 Analogous to the concept of “fair use” in U.S. law.

🔹 B. Legal Basis

 Section 52 of the Copyright Act, 1957 (as amended by the 2012 Amendment).

🔹 C. Purposes for Which Fair Dealing is Allowed [Section 52(1)(a)]

1. Private or personal use including research and study

 2. Criticism or review, whether of that work or any other work
3. Reporting of current events and affairs, including reporting of lectures in public

📌 Condition: Applies only to literary, dramatic, musical, or artistic works and not to
cinematograph films or sound recordings, except in limited scenarios.

🔹 D. Other Specific Exemptions [Illustrative List from Section 52]

Clause Exempted Act Explanation

52(1)(b) Reproduction for judicial proceedings Use in court proceedings or reporting
52(1)(d) Reproduction by teachers or students For instructional use in a class
Publication for use of the blind or
52(1)(h) Reproduction in accessible formats
disabled
Performance by amateur clubs or
52(1)(i) If not for profit
societies
Making of 3D object from 2D artistic
52(1)(j) For private use
work
Reproduction in libraries for
52(1)(n) Archival and non-commercial use
preservation
52(1)(za) Parallel importation Importation of legally sold copies abroad
Transient digital copies for electronic
52(1)(zb) Temporary storage of work
transmission

📌 Example: A student photocopying a chapter for research = ✅ fair dealing.

Publishing a full textbook = ❌ infringement.

🔹 Important Case Law

 The Chancellor, Masters & Scholars of the University of Oxford v. Rameshwari

Photocopy Services (Delhi High Court, 2016):
o Photocopying parts of textbooks for course packs held to be fair dealing and
not infringement.
o Emphasized public interest and access to education.

🔹 2. COMPULSORY LICENSING IN COPYRIGHT LAW

🔹 A. Concept
  Compulsory License is a statutory license granted without the owner's consent for
public benefit, usually when:
o The copyright owner refuses to license the work, or
o The work is withheld from the public.

🔹 B. Purpose

 Balancing private rights with public access, especially in:

o Education
o Disability access
o Access to culture and information

🔹 C. Legal Basis

 Sections 31 to 31D of the Copyright Act, 1957 (especially amended in 2012 to

include broadcasting and digital licensing).

🔹 D. Types of Licensing

Section Type Description

Section For unpublished/withheld works; granted by
Compulsory Licence
31 Copyright Board
Section Compulsory Licence for Indian
To bring such works into Indian markets
31A works published abroad
Section
For disabled access Reproduction of works in accessible formats
31B
Section Statutory Licence for cover Allows making cover songs with payment of
31C versions royalty
Section Statutory Licence for Radio/TV broadcasters can use literary/musical
31D broadcasting works with royalty payment

🔹 E. Procedure to Obtain a Compulsory License

1. File an application before the Copyright Board (now Appellate Board).

2. Prove:
o Public need or interest
o Unreasonable refusal by the copyright holder
o Payment of reasonable royalty
3. Board examines and grants license if justified.
🔹 Case Law

 Phonographic Performance Ltd. v. Union of India (2011):

o Discussed the balance between broadcaster rights and royalty entitlement.
 Music Broadcast Ltd. v. Tips Industries Ltd. (2019):
o Clarified the application of Section 31D for radio broadcasting.

🔹 F. Benefits of Compulsory Licensing

 Prevents monopoly abuse

 Ensures cultural access and public benefit
 Promotes educational and non-commercial dissemination

🔹 G. Criticisms

 May undermine copyright holders' incentives

 Valuation of royalties often disputed
 Requires better procedural safeguards

🔹 Conclusion

 Section 52 provides critical exceptions under fair dealing, promoting education,

research, and access.
 Compulsory licensing ensures public interest is served when copyright holders
unreasonably restrict access.
 Both mechanisms uphold the constitutional mandate of balancing rights and
public welfare.

Copyright Societies – Detailed Notes

🔹 1. Introduction

 Copyright societies are collective management organizations (CMOs) that manage,

license, and enforce copyright on behalf of authors and owners.
 They ensure that creators receive royalties when their works are used publicly or
commercially.

📌 Purpose: Facilitate the efficient collection and distribution of royalties, reduce transaction
costs, and prevent unauthorized use of copyrighted works.
🔹 2. Legal Framework

 Governing Law: The Copyright Act, 1957, especially Sections 33 to 36B.

 Key Amendment: The 2012 Amendment significantly restructured copyright
societies to make them more transparent and accountable.

🔹 3. Definition and Legal Provision

 Section 33 of the Act:

No person or organization (except the copyright owner) shall carry on the business of
issuing or granting licenses in any work unless they are:
o A registered copyright society, or
o Acting under a written authorization from the owner.

🔹 4. Registration of Copyright Society

Step Description
Authority Registrar of Copyrights (under the Central Government)
Application Made in prescribed form with rules and composition
Conditions Must be a representative body of authors and owners
Term 5 years (renewable)
Recognition Central Government grants or cancels registration

🔹 5. Functions of a Copyright Society [Section 34]

1. Issue licenses and collect royalties for copyrighted works.

2. Distribute collected royalties to the authors/owners equitably.
3. Maintain registers of authors and works represented.
4. Promote awareness and protect copyright holders’ interests.
5. Act as a watchdog against infringement.

🔹 6. Supervision and Transparency [Section 35]

 Every society must be administered by a Governing Council:

o Equal representation of authors and owners.
o Headed by a CEO or Secretary General.
 Mandatory to publish:
o Tariff scheme (rate of royalty)
o Annual reports
o Royalty distribution records
🔹 7. Rights and Responsibilities

Rights Responsibilities
Issue licenses Ensure fair royalty distribution
Fix tariff schemes Maintain member transparency
Represent members in litigation Submit audited accounts annually
Grant international reciprocal rights Ensure non-discriminatory access to licenses

🔹 8. Examples of Registered Copyright Societies in India

Society Category Works Covered

IPRS (Indian Performing Right Literary and musical works (lyrics and
Music
Society) composition)
PPL (Phonographic Performance Sound Broadcasting and playing of sound
Ltd.) Recordings recordings
ISRA (Indian Singers Rights Performers’
Performance rights of singers
Association) Rights
RRR (Reprographic Rights
Reprography Literary works (photocopying etc.)
Organization)

📌 Note: Authors and owners may become members of only one society per category of
work.

🔹9. Tariff Scheme [Section 33A]

 Societies must publish a tariff scheme outlining rates of royalty for different uses.
 Users may challenge unfair tariffs before the Copyright Board.
 Tariff must be:
o Transparent
o Non-discriminatory
o Based on reasonable classification

🔹10. International Aspect: Collective Management

 Copyright societies in India are similar to CMOs worldwide (e.g., ASCAP, BMI in
USA; PRS in UK).
 Reciprocal arrangements allow Indian societies to collect royalties for use abroad
and vice versa.
🔹11. Revocation and Suspension [Section 36]

 The Central Government may:

o Cancel the registration for mismanagement or violation.
o Suspend activities if found acting against public interest or authors’ welfare.

🔹12. Key Issues and Challenges

Issue Explanation
Royalty Disputes Authors complain of delayed or unfair royalty distribution.
Lack of Awareness Many artists are unaware of their rights and benefits of registration.
Non-transparency Concerns about opaque functioning of some societies.
Digital Licensing Challenges in managing online and streaming rights effectively.

13. Landmark Judicial Observation

 Indian Performing Right Society v. Aditya Pandey (2011, Delhi HC):

Clarified that IPRS could not collect royalties unless properly registered under the
Copyright Act.

🔹 Conclusion

 Copyright societies play a pivotal role in managing the rights of creators in India.
 The 2012 Amendment has helped ensure better governance, fairness, and
transparency.
 With growing digital consumption, the effective functioning of these societies is
critical for protecting creators’ economic interests.

Copyright Protection in the Digital World

🔹 1. Introduction

The digital era has transformed how content is created, shared, and consumed. While it has
increased access to works globally, it also poses significant challenges to the enforcement and
protection of copyright due to:

 Easy duplication, distribution, and modification of content.

 Anonymity and global borderless nature of the internet.

📌 Hence, copyright law has evolved to address digital piracy, online streaming, P2P
sharing, and technological circumvention.
🔹 2. Challenges to Copyright in the Digital Environment

Issue Description
Easy Copying and Digital files (e.g., songs, movies, e-books) can be copied
Sharing infinitely at zero cost.
Hard to trace users infringing through torrents, illegal websites, or
Anonymity of Infringers
streaming platforms.
Servers and users located across jurisdictions complicate
Global Nature
enforcement.
Technological Tools used to bypass DRM (Digital Rights Management)
Circumvention mechanisms.
User-Generated Content Platforms like YouTube and TikTok rely on remixing existing
(UGC) works, raising infringement concerns.

🔹 3. Legal Framework in India for Digital Copyright Protection

🔹 A. Copyright Act, 1957 (as amended in 2012)

✅Key Provisions Relevant to Digital World:

Section Description
Includes digital reproduction, communication to the public through
Section 14
digital/electronic means.
Section 52(1)(b), Exceptions for transient and incidental digital storage, library archiving,
(n), (zb) etc.
Protection of Technological Protection Measures (TPMs) – anti-
Section 65A
circumvention provisions.
Punishment for removal or alteration of rights management
Section 65B
information (e.g., metadata, watermark).
Section 31D Statutory license for digital broadcasting of literary and musical works.

🔹 B. Information Technology Act, 2000

 Although not a copyright law, it provides:

o Section 66: Hacking – relevant in DRM circumvention.
o Section 43: Penalties for unauthorized downloads.
o Section 69A: Blocking of websites by the government (used for blocking
pirate sites).
🔹 4. International Treaties Relevant to Digital Copyright

Treaty Highlights
Extended copyright protection to digital and
WIPO Copyright Treaty (WCT), 1996
internet-related uses.
WIPO Performances and Phonograms Protection of performers’ and producers’ rights in
Treaty (WPPT), 1996 digital environments.
Mandates protection against unauthorised digital
TRIPS Agreement, 1995
reproduction and transmission.
Right of public communication includes internet
Berne Convention (Article 8)
distribution.

✅ India is a signatory to all the above treaties, including WCT and WPPT.

🔹 5. Key Concepts in Digital Copyright

🔹 A. Digital Rights Management (DRM)

 Technologies used to control the use, copying, and sharing of digital content.
 Includes encryption, watermarking, password protections.

🔹 B. Technological Protection Measures (TPMs)

 Legal provisions that prevent circumvention of DRM.

 Section 65A of the Indian Copyright Act criminalizes such acts.

🔹 C. Notice-and-Takedown Mechanism

 A system where content owners can issue notices to ISPs/platforms to remove

infringing content.
 Part of safe harbor under intermediary guidelines (2021).

🔹 D. Safe Harbor Protection

 Provided under Section 79 of the IT Act to intermediaries (like YouTube, Facebook),

shielding them from liability if they act on complaints promptly.

🔹 6. Digital Copyright Infringement Examples

Mode Description
Torrent Downloads Illegal sharing of movies, music, games.
 Mode Description
Pirate Streaming Use of illegal streaming websites and apps.
E-book Piracy Uploading entire books on free websites.
YouTube/Instagram Unauthorized remixes, background music, or full songs.

🔹 7. Recent Developments in India

Year Development
Intermediary Guidelines & Digital Media Ethics Code Rules: Introduced mandatory
2021
grievance redressal and takedown timelines.
Delhi High Court blocked multiple illegal streaming and torrent sites for copyright
2022
violations.
Increased use of AI to detect copyright violations automatically on platforms (e.g.,
2023
Content ID by YouTube).

8. Judicial Pronouncements

Case Summary
Myspace Inc. v. Super Cassettes Delhi HC: Intermediaries must act on takedown notices
Industries (2016) to claim safe harbor.
Platform not liable for user-generated content unless it
Viacom 18 v. M/s. YouTube (2012)
fails to remove on notice.
Shemaroo v. Bharat Sanchar OTT and telecom platforms must respect copyright
Nigam Ltd. (2018) licensing norms.

🔹9. Preventive and Enforcement Measures

Strategy Description
Website Blocking Courts order ISPs to block infringing websites (e.g., Pirate Bay).
Watermarking Embedded information to trace sources of leaked digital copies.
Content ID Systems Platforms like YouTube use AI to detect copyrighted materials.
Takedown Notices Legal notices under Section 51 and IT Act.
Digital Forensics Tracing source through IP address, browser footprint.

🔹10. Conclusion

 The digital world demands technologically updated and globally harmonized

copyright enforcement.
 Balancing user access, technological advancement, and author protection is the
cornerstone.
 Effective protection in the digital space must blend law, technology, and awareness.