INTELLECTUAL PROPERTY RIGHTS –II

UNIT – 1 – Copyright
1. History
2. Nature of copyright
3. Salient features of Copyright Act, 1957
4. Subject matter of copyright
1. Literary work
2. Artistic work
3. Dramatic work
4. Musical work
5. Cinematograph
6. Sound recording
5. Term of copyright
6. Author and ownership of copyright
7. Computer software and copyright protection
8. Rights conferred by copyright
9. Assignment, relinquishment and transmission
10. Licenses
11. Infringement
12. Remedies

HISTORY
 The history of copyright law can be traced back to the introduction of the printing
press, which made mechanical literary work copying more likely. In Germany in the
year 1440, Johannes Gutenberg invented the printing press. The Gutenberg invention
arrived in the UK in 1483.
 As the reproduction and printing of written work increased and spread across Europe,
it created a tension for the monarch of UK because these works spread hate towards
the royal and the church. Thus a ban was imposed on the publication of books and
stationaries, but this led to people using other means and methods to attain books.
 King Richard III of England abolished the embargo on the importation of manuscripts
and books. Authors began sending their novels to England for printing as a result.
They had a royal licence, and since there were so many volumes published, England
quickly rose to become the hub of printing for all of Europe.
 King Henry VII established a privilege system in 1529, turning the printing industry
into the crown's exclusive domain. The Stationers Guild was established at this time
by all the people who had previously been involved in writing manuscripts and
creating copies.
 The stationer's guild established itself as a business in 1516. The firm's members had
the sole authority to reprint works in perpetuity on behalf of other company members
who had the exclusive right to publish the work. The registered members were
granted the authority to produce and distribute the books.
Act of 1661
 The first licensing law was enacted in 1661. Later, copyright was used to refer to the
members of the stationary company's publishing rights. The members, however, were
not the legal owners of the book they had written. They received the right as part of a
business agreement.
Act of 1662
 The licensing legislation of 1662 gave the business the authority to pursue legal action
against rights infringement. The ability to search and seize unauthorized books was
granted to a select group of members, and a record of licensed books was maintained.
This was the initial step in stopping piracy.
 However, the Licensing Act didn't stand the test of time. The prohibition against
unlicensed printing was lifted as the system aged, which allowed independent printers
to enter the market. Intellectual and mechanical piracy could not be distinguished
under the Licensing Act. In the end, it was revoked in 1681.
Statue of Anne
 The statute of Anne was established in the year of 1710. This was the first act that
recognized the rights of authors for the first time. Under the statute of Anne authors
had the sole right to print their work for a limited period.
This became considered as the first copyright law in history. The action served two
purposes:
1. To encourage education
2. In order to safeguard the author from piracy
 The author of a book that hasn't been printed yet has the exclusive right to do so for
14 years, and another 14 years if he's still living.
 Infringers would forfeit any infringing books discovered in their possession and
would be required to pay the crown half of the fine and the plaintiff the other half.
  No book may be purchased for infringement unless its title has been entered prior to
publication in the Stationer's Company's "Register Book."
 Further amendments led to the copyright Act, of 1814, 1842 and 1911. As India was
under the British the evolution of Indian Copyright law or the Act of 1957 began from
the British Copyright law. The Act of 1911 was completely followed in India before
independence which was further amendment and a new act of 1957 was established as
Indian Copyright Act.

Nature

Copyright is a legal right that grants the creator of an original work exclusive rights to use,
distribute, reproduce, display, perform, and authorize others to use or reproduce the work.
This protection is given to various forms of creative expression, such as literature, music, art,
software, films, and other original works of authorship. The purpose of copyright is to
incentivize creators by providing them with control over how their work is used and allowing
them to benefit from its commercial exploitation.

The nature of copyright includes the following key points:

1. Original Works: Copyright protection applies to original works that are fixed in a tangible
form. This means the work must be independently created by the author and not copied from
another source.

2. Limited Duration: Copyright protection is not perpetual; it has a limited duration that
varies depending on the country's laws. In many jurisdictions, the duration is the lifetime of
the author plus a specific number of years after their death. After the copyright term expires,
the work enters the public domain, and anyone can use it without permission.

3. Automatic Protection: In most countries, copyright protection is granted automatically

upon the creation of an original work. Registration or publication is not required to obtain
copyright, although it may provide certain legal advantages in enforcing the rights.

4. Exclusive Rights: Copyright provides the creator or copyright owner with exclusive rights
over the use of the work. These rights generally include reproduction, distribution, public
performance, public display, and the creation of derivative works.

5. Fair Use or Fair Dealing: Many countries have exceptions to copyright protection, such as
fair use in the United States or fair dealing in some other countries. These exceptions allow
limited use of copyrighted materials without permission for purposes like criticism,
commentary, news reporting, education, and research.

6. Transferability: Copyrights are transferable and can be bought, sold, or licensed to others.
Creators can assign their rights to third parties, granting them the authority to use and manage
the copyrighted work.
7. Infringement: Unauthorized use of copyrighted material is known as copyright
infringement and is subject to legal action. Copyright owners can pursue remedies like
damages and injunctions against those who violate their exclusive rights.

Salient features
The Copyright Act of 1957 is the primary legislation governing copyright protection in India.
It has been amended multiple times to adapt to the changing landscape of creative expression
and technological advancements.

1. **Original Works**: The Act protects original literary, dramatic, musical, and artistic
works, including films and sound recordings. It also covers computer programs and
databases.

2. **Copyright Protection**: Copyright protection is granted automatically upon the creation

of an eligible work; there is no need for formal registration. However, voluntary registration
is available and provides evidence in legal disputes.

3. **Duration of Copyright**: The duration of copyright protection depends on the type of

work. For literary, dramatic, musical, and artistic works, it lasts for the lifetime of the author
plus 60 years from the year following the author's death. For cinematographic films, sound
recordings, photographs, and works of government, the duration is 60 years from the year of
publication.

4. **Exclusive Rights**: The Act grants the copyright owner exclusive rights to reproduce,
publish, perform, communicate, and make adaptations or translations of the work. Only the
copyright owner can exercise these rights, except under certain exceptions provided by the
Act.

5. **Fair Use**: The Act includes provisions for fair dealing, allowing limited use of
copyrighted material for specific purposes such as research, criticism, review, news reporting,
education, and private use. However, the use must be fair and not adversely affect the
copyright owner's interests.

6. **Performers' Rights**: The Act recognizes the rights of performers (actors, musicians,
dancers, etc.) and grants them certain protections regarding their performances.

7. **Ownership and Assignment**: The Act defines rules for the ownership of copyright and
allows copyright owners to transfer or assign their rights to others through licenses or
agreements.

8. Infringement**: The Act outlines remedies for copyright infringement, including civil and
criminal actions, injunctions, and damages.
9. **Digital Copyright**: The Act includes provisions related to digital rights management,
anti-circumvention measures, and liability of internet service providers for copyright
infringement.

10. **Copyright Societies**: The Act allows for the establishment of copyright societies to
manage and enforce certain rights on behalf of multiple copyright owners, such as for music
and literary works.

11. **International Protection**: The Act conforms to international copyright conventions,

including the Berne Convention, and provides protection to works of foreign authors from
countries that are members of these conventions.

Subject Matter of Copyright

Section 13 of the Copyright Act, 1957 talks about the subject matter of copyright. One of the
main aspect discussed under section 13 is that the work must be original. Originality of a
work can be adjudged by looking into the skill and labour as well as whether there exist a
minimum level of creativity in the work. (Doctrine of sweat of brow and modicum of
creativity)

The subject matters of Copyright mentioned under section 13 of the Act are:

1. Literary Work
Literary work refers to works that are in writing. The Act does not classify literary
work, but we understand that as work that are captured in writing. The act says that
literary work includes computer programmes, tables, and compilations including
computer databases. The literary work need not have any literary merit and it is not
the job of the courts to look into the literary merit of copyright work.

Adaptation, abridgement, translation are also considered as literary work.

Case Laws

In Gleeson v. Denne, (1975) RPC 471, it was held that, if one works hard enough,
walking down the streets, taking down the names of people who live at houses and
makes a street directory as a result of that labour, this has been held to be an exercise
sufficient to justify in making claim to copyright in the work which is ultimately
produced.
In Govindan v. Gopalakrishnan, AIR 1995 Madras 391, the view expressed on
Abridgement was that ‘abridgement’ is the reproduction of an original work in a
much more precise and concise way. So a genuine abridgement of a literary work is
an ‘original work’ and is the subject-matter of copyright.
In Blackwood v. Parasuraman, AIR 1959 Madras 410, it was held that a
translation of a literary work is itself a literary work and is entitled to copyright
protection if it is original and the author has expended sufficient labour and skill on it.
 In Jagdish Chandra v. Mohim Chandra, AIR 1915 Cal 112, it was held that in the
reports of judgments the reporter has no copyright but it cannot be said that in the
selection of cases & in the arrangement of the reporting, the reporter does not have the
protection of copyright law.
In Walter v. Lane, (1990) AC 539, it was held that letters addressed by one person to
another are original literary work entitled to copyright and when a letter is dictated to
a stenographer or a typist the copyright in the letter belongs to the person who has
dictated the letter.

2. Dramatic work
It defined as “including any piece of recitation, choreographic work or entertainment
in dumb show, the scenic arrangement or acting, form of which is fixed in writing or
otherwise but does not include a cinematograph film”. The terms literary and dramatic
are used together and the principle applicable to literary work will be applicable to
dramatic work as well. The author of a dramatic work is the person who authors the
work.
Indian Express v. Jagmohan, AIR 1985 Bombay 229, where the defendant made a
stage play & a movie based on the central theme of certain series of articles published
by the plaintiff namely purchase of a woman by the name Kanta by a journalist to
highlight the flesh trade flourishing in some parts of the country. The article published
contained as autobiographical account of the part actually played by the author in the
affair. In the film emphasis was on human bondage particularly of Indian women. The
court held that stage play on the movie was not an infringement of the copyright in the
article.

3. Artistic work
An artistic work as mentioned in the Act, a painting, a sculpture, a drawing includes a
diagram, map, chart or plan, an engraving or a photograph, and whether or not any
such work possesses artistic quality. A work of architecture is included as an artistic
work and any work of artistic craftsmanship can also come under the ambit of an
artistic work. The author of an artistic work is the artist of the artistic work other than
photograph. The photograph is a person who takes the photograph, who is regarded as
the author.

George Hensher v. Restawile Upholstery, (1975) RPC 31, declared that the primary
purpose of conferring copyright on a work protects the man who puts on to the
market, articles each one of which is a work of artistic craftsmanship, a product of his
over handcraft, from reproduction whether by hand, machine or otherwise.

In Associated Publishers v. Bashyam, AIR 1961 Mad 114, where a portrait of

Mahatma Gandhi was made based on two photographs, it was held that a portrait
based on photographs will be entitled to copyright if it produced a result different
from the photograph & the portrait itself is original.
 4. Musical Work
Musical work was defined as “a work consisting of music and includes any graphical
notation of such work but does not include any work or any action intended to be
sung, spoken or performed with the music”. In 2012 Amendment, there was a grant of
statutory license for cover versions. A song typically contains both literary and
musical work. Therefore, the tune and lyrics together forms the song. Lyric of a song
is the literary part and it is protected as a literary work and the writer of the lyrics is
the author of the work. Music accompanying the song is treated as a musical work and
the author of the musical work is the composer of the musical work. So, in the song
there can be two rights that are set of rights in the literary work and rights in the
musical work and they are owned by different people. The author of this right is
different people.

In Redwood Music v. Chappel (1938), RPC 109, it was held that if a musical
arranger so decorates, develops, transfers to a different medium or otherwise changes
the simple music of a popular song so as to make his arrangement fall within the
description of an original musical work, such arrangement or adaptation is capable of
attracting an independent copyright

5. Cinematograph film
It means any work of visual recording and includes a sound recording accompanying
such visual recording and sound recording accompanying such visual recording and
“cinematograph” shall be construed as including any work produced by any process
analogous to cinematography including video films. The author of cinematography
films is the producer of the films.
In Balwinder Singh v. Delhi Administration, AIR 1984 Delhi 379, and in Tulsidas
v. Vasantha Kumari, (1991) 1 LW (Mad) 220 at 229, it was held that video and
television are both cinematograph films.

6. Sound Recording
It means a recording of sound from which such sounds may be produced regardless of
the medium on which such recording is made or the method by which the sounds are
produced. The author of sound recording is the producer of the sound recording. The
sound recording may involve musicians, it may involve singers, but the author is the
producer.

Authorship and Ownership of copyright

Author
An author is typically defined as the person who creates the work, whether
independently or in response to instructions from another person. Every time a
copyrightable work is produced, the author uses their intellectual capacity to do
so. Because of this, the Copyright Act of 1957, which recognises the authors'
work, gives authorship rights to the creator. No matter the author's nationality,
authorship rights can be obtained because copyright is a worldwide right. To
possess copyright, one must, however, comply with the requirements set forth in
Section 13 of the Copyright Act of 1957.

Ownership of Copyright
Section 17 statutorily recognizes the author of the work to be the first owner of the copyright
therein. This is however, subject to some exception.

Literary, Dramatic or Artistic Work

Section 17(a) providesWhere a work is made by the author in the course of his employment
by the proprietor of a newspaper, magazine or a periodical under a contract of service or
apprenticeship for the purpose of publication in a newspaper, magazine or periodical, the said
proprietor, in absence of any agreement to the contrary, will be the first owner of the
copyright in the work in so far as it relates to the publication.

In Thomas v. Manorama, AIR 1989 Ker. 49, it was held that in case of termination of the
employment, the employee is entitled to the ownership of copyright in the works created
subsequently and the former employer has no copyright over the subsequent works so
created. The copyright in a work done by an employee on his own time and not in the course
of his employment belongs to him.

Photograph, Painting, Portrait

Section 17(b) provides –Where a photograph is taken or a painting or a portrait drawn, or an

engraving or a cinematograph film is made, for valuable consideration at the instance of any
person, such person, in the absence of any agreement to the contrary, shall be the first owner
of the copyright therein.

Work made in the Course of Employment

Section 17 (c) provides – Where a work is made in the course of employment under a
contract of service or apprenticeship, the employer in absence of contract to the contrary, the
employer will be the first owner.

Lectures Delivered in Public

Section 17(cc) provides –Where any person has delivered any address or speech in public
that person will be first owner of the copyright. If the address or speech is delivered on behalf
of any other person, such other person will be the owner of the copyright therein.
Government Work

Section 17(d) provides –

In the case of government work, the government is the owner of the copyright in the absence
of an agreement to the [Link] made on behalf of a Public Undertaking

Section 17(dd) –

By the Amendment Act of 1983, the Copyright Act contain this provision, in case of a work
made or first published by or under the direction or control of any public undertaking, such
public undertaking shall, in the absence of any agreement to the contrary, be the first owner
of the copyright therein.

Meaning of Public Sector Undertaking

i. An undertaking owned & controlled by Government,

ii. A Government company as defined in the Companies Act, 1956

(2013); or

iii. A body corporate established by or under any Central or Provincial or

State Act.

Government will include both Central & State Governments.

Work of Certain International Organization

Section 17(e) provides –

When a work is considered to be a work of certain international organization under the

provision of Section 41, in such cases the international organization concerned shall be the
first owner of the copyright therein.

Work created at the instance of another

Work created at the instance of another for a valuable consideration belongs to the provider
of such valuable consideration. Some examples of such works are:

i. Person writing a report on a subject as a part of a research project being conducted by the
company;

ii. A composer composing a song for a film company;

iii. A painter draws a portrait at the instance of another.

Apprenticeship – An apprentice is a student

In Dunk v. George Waller, (1970) 2 WLR 241, it was held that an apprentice is a student
bound to another for the purpose of learning his trade, the contract being of such a nature that
the master teaches & the other serves the master with the intention of learning. Hence, the
work belongs to the teacher.

Question paper Setter of an Examination

Ownership of copyright vests in the person who sets the paper and not with the Board of
Examination or any such other authority.

Collective Works

Collective works include encyclopedia, dictionary, year book, newspaper, magazine or

generally a work in which works or parts by different authors are incorporated. The first
owner of the copyright in the collective work as a whole is a person who has collected, edited
& organized the work.

Musical Work

The first owner of a copyright in a musical work is the composer of the work. If the work is
composed in the course of employment under a contract of service, the employer will be the
first owner of [Link] person who commissions a musical work, e.g., a film producer
who commissions a music composer to compose the music for his film does not become the
owner of the copyright but only gets a licence to use the work for the purpose for which it is
commissioned. The producer only gets the right to incorporate the music in the film. All other
rights are retained by the music composer.

Artistic Work

a) The artist who created the work is the author first owner of copyright. Where a work is
created in the course of employment unless a contract to the contrary exists, the employer
will be the owner of the copyright.

c) Where the employer is the owner of a newspaper, magazine, he possesses only a limited
right to use the work for publication in the newspaper or magazine.

d) When the creation of artistic work is a commissioned work for valuable consideration, the
person who commissioned the work is the owner of the copyright. (Creative nonviolence
group v. Reid)

Distinction between Contract of Service & Contract for Service

The author may create work independently or he may create a work under a contract of
service or contract for service.

Contract of Service
Where a man employs another to do work for him under his control so that he can direct the
time when the work shall be done, the means to be adopted to bring about the end, and the
method in which the work shall be arrived at, then the contract is a contract of service.

Beloff v. Pressdram, 1973 RPC 765

In the case of contract of service, the status of the author is that of an employee. For example,
whenever an employee of a solicitor’s firm drafts a document in the course of his
employment, the employer is the first owner of copyright.

Contract for Service

If a person employs another to do a certain work but leaves it to the other to decide how that
work shall be done, what steps shall be taken to produce that desired effect, then it is a
contract for service. His status is that of an independent contractor who himself decides about
the manner of doing work, in such cases the copyright vests in him and not with the
employer.

University of London Press v. Tutorial Press, (1916) 2 Ch. 601.

Rights conferred by Copyright

These rights can be mainly divided as

1. Economic rights
2. Moral rights
3. Neighbouring rights

……..

Computer Software protection under copyright (self-study)

Term
In India, the term of copyright protection for different categories of works is specified under
Section 22 of the Copyright Act, 1957, here are the relevant provisions for the term of
copyright protection in India:

1. **Literary, Dramatic, Musical, and Artistic Works** (Section 22(1)): The duration of
copyright protection for these works lasts for the lifetime of the author/creator plus 60 years
from the year following the author's death. After the expiration of this period, the work enters
the public domain, and anyone can use it without the need for permission.

2. **Anonymous and Pseudonymous Works** (Section 22(2)): In cases where the author's
identity is not known (anonymous works) or where the author has used a pseudonym, the
copyright term is 60 years from the year of publication. If the author's identity becomes
known during this period, the copyright term reverts to the standard lifetime plus 60 years.

3. **Posthumous Works** (Section 22(3)): For works published posthumously (after the
author's death), the copyright term is 60 years from the year of publication.

4. **Cinematograph Films and Sound Recordings** (Section 22(4)): The term of copyright
protection for cinematograph films (movies) and sound recordings is 60 years from the year
of publication.

5. **Government Works** (Section 22(6)): Works created or published by the Indian

government or any international organization are protected for 60 years from the year of
publication.

6. **Works of International Organizations** (Section 22(7)): Works published by

international organizations are protected for 60 years from the year of publication.

Assignment, Relinquishment and Transmission

In India, the Copyright Act, 1957, provides provisions for the assignment, relinquishment,
and transmission of copyright. These terms relate to the transfer or passing of copyright
ownership from one person to another. Here's an explanation of each concept:

1. **Assignment of Copyright**:

- Assignment is the transfer of copyright ownership from the copyright owner (assignor) to
another person or entity (assignee).

- The assignment must be in writing and signed by the copyright owner or their authorized
representative.

- The assignment can be for the whole term of copyright or a part of it, and it can cover all
or some of the rights conferred by copyright.

- The assignment may be limited to a specific geographical area or field of use, as specified
in the agreement.

- Once copyright is assigned, the assignee becomes the new owner of the copyright, and
they have the exclusive rights over the assigned part of the work.

Section 18, 19 and 19A of the Copyright Act deals with the assignment of copyright.
Assignment of copyright may be for the whole of the rights or for part of the rights only.
Assignment of copyright may be general, i.e., without any limitation being placed on the
assignee or the assignment may be subject to certain limitations. Assignment may be for the
full term of the copyright or for a limited period of time. Assignment may be on a territorial
basis, i.e., for a particular territory or country. An owner of a copyright can assign his right in
the above combination of forms.

Mode of Assignment
Section 19 of the Act elaborates the mode of assignment

1. Assignment is valid only when it is in writing signed by the assignor or by his duly
authorized agent.
2. The assignment instrument shall identify the work and specify the rights assigned
And the duration and territorial extent of such assignment.
3. The instrument of assignment of copyright shall also specify the amount of royalty
payable, if any, to the author or his legal heirs during the subsistence of the
assignment and the assignment shall be subject to revision, extension or termination
on terms mutually agreed upon by the parties.
4. If the assignee does not exercise the rights assigned to him within one year from the
date of assignment, the assignment in respect of such rights shall be deemed to have
lapsed after the expiry of the said period unless otherwise specified in the assignment
instrument.
5. When the period of assignment is not stated, the period shall be deemed to be five
years from the date of assignment.
6. If the territorial extent of any assignment of the rights is not specified, it shall be
presumed to extend within India.
7. When the assignment has been made before the coming into force the Copyright
(Amendment) Act, 1994, the above provisions of the above sub sections (2), (3), (4),
(5), (6) shall not be applicable. However, even such an assignment has to be through a
written statement.
An assignee, to whom certain rights have been assigned by the assignor, can restrain
the author from exercising those rights which have already been assigned to him by
moving court of competent jurisdiction for infringement.

Section 18 – Future Work

This section provides that copyright can be assigned even in respect of future work of the
author before their coming into existence. But in that case, the assignment will take effect
only when the work comes into existence. The owner of the copyright in an existing work or
the prospective owner of the copyright in a future work may assign to any person the
copyright, either wholly or partially and either generally or subject to limitations and either
for the whole term of the copyright or any part thereof. However, in the case of the
assignment of copyright in any future work, the assignment shall take effect only when the
work comes into existence. When new rights are granted by the legislature on existing works
due to the technological development, problem arises as to the ownership of the new rights,
whether the assignor who assigned already all the existing rights on the work or the assignee
is the owner of the future rights.

2. **Relinquishment of Copyright**: Section 21

- Relinquishment is when the copyright owner voluntarily gives up or abandons their

copyright.
 - Like assignment, relinquishment must be in writing, signed by the copyright owner and
submitted to the Copyright Registrar

- Once relinquished, the work becomes a part of the public domain, and anyone can use it
without seeking permission from the previous copyright owner.

Transmission of Copyright – Section 20

Transmission refers to the transfer of copyright ownership by operation of law, typically

through inheritance or succession. When the copyright owner passes away, irrespective of
whether the work is published or unpublished the copyright can be transmitted to their legal
heirs or beneficiaries as per their will or the intestate succession laws. In the case of joint
authorship, the copyright is transmitted to the surviving co-authors. . Section 20 provides that
if a manuscript of literary, dramatic or musical work or an artistic work has been bequeathed
to a beneficiary without specifically bequeathing copyright, the bequest will carry with it the
copyright to the work also. In case the owner of copyright becomes bankrupt, the copyright
will vest in the official receiver & will pass to the trustee of the bankrupt’s estate as assets for
distribution among the creditors.

Licenses – Section 30

Under copyright law, licenses play a crucial role in granting permissions for the use of
copyrighted works. A license is a legal agreement between the copyright owner (licensor) and
another party (licensee) that outlines the terms and conditions under which the licensee can
use the copyrighted work. Licenses allow for specific uses of the work while retaining the
copyright owner's control over how the work is used. Section 30 provides – The owner of
copyright in any existing work of the prospective owner of the copyright in any future work
may grant any interest in the right by licence in writing signed by him or by his duly
authorized agent.

Section 30A stipulates – The provisions of Section 19 and 19A shall, with any necessary
adaptation and modifications, apply in relation to a licence under Section 30 as they apply in
relation to assignment of copyright in a work.

Here are some common types of licenses under copyright:

1. **Exclusive License**: An exclusive license grants the licensee the sole right to use the
copyrighted work in a specified manner, and even the copyright owner cannot grant similar
rights to others. The licensee has exclusive control over the licensed rights during the term of
the agreement.

2. **Non-Exclusive License**: A non-exclusive license permits multiple licensees to use the

copyrighted work for specific purposes. The copyright owner can grant similar rights to other
parties and can continue to use the work themselves.
3. **Limited License**: A limited license sets restrictions on the scope or duration of use for
the copyrighted work. For example, a limited license may allow the licensee to use the work
only for a specific project or within a certain time frame.

4. **Sublicensing**: Some licenses allow the licensee to sublicense the rights to other
parties, subject to the terms of the original license agreement.

5. **One-Time Use License**: This type of license grants the licensee permission to use the
copyrighted work once, often for a specific project or event.

6. **Royalty-Free License**: A royalty-free license allows the licensee to use the

copyrighted work without paying ongoing royalties. Instead, the licensee typically pays a
one-time fee for the license.

7. **Perpetual License**: A perpetual license grants the licensee the right to use the
copyrighted work indefinitely, with no fixed expiration date.

8. **Creative Commons License**: Creative Commons licenses are a specific type of license
that allows copyright owners to grant certain permissions while retaining others. There are
several types of Creative Commons licenses, each with its own set of allowed uses and
restrictions.

In the case of Dharam Dutt Dhawan v. Ram Lal Suri, the plaintiff entered into an
agreement with the defendants (publishers) to publish a book written by them on a royalty
basis. In the agreement, the author agreed that the publishing and selling rights shall be
vested in and remain with the publishers. The preamble defined the parties so as to include
their respective heirs, executors, administrators or assignees. It was held that this was partial
assignment of publishing rights and not a mere licence.

Copyright Infringement

Copyright infringement refers to the unauthorized use of someone’s copyrighted work. Thus,
it is the use of someone’s copyrighted work without permission thereby infringing certain
rights of the copyright holder, such as the right to reproduce, distribute, display or perform
the protected work.

Section 51 of the Copyright Act specifies when a copyright is infringed. According to Section
51 of the Act, Copyright is deemed to be infringed if:

 A person without obtaining the permission of the copyright holder does any act
which only the copyright holder is authorised to do.
 A person permits the place to be used for communication, selling, distribution or
exhibition of an infringing work unless he was not aware or has no reason to
believe that such permission will result in the violation of copyright.
 A person imports infringing copies of a work
  A person without obtaining the authority from the copyright holder reproduces his
work in any form.

Direct and Indirect Infringement

Copyright infringement can be divided into direct and indirect infringement

Direct infringement refers to the real act of copying the work of the copyright holder. For
example, photocopying a book and then distributing it for commercial purposes. However,
sometimes a person may only copy a part of the work, for example, a paragraph of an article.
In such a case, the copyright holder is required to establish two things:

1. Substantial Taking – The copyright holder must prove that the part that has been
copied is a substantial part of the particular work
2. Casual Connection – The copyright holder has the burden proof to show that there is a
connection between or similarity between copyright holders work and the similar
parts in the alleged infringed work.

Indirect Infringement refers to the infringement of copyright work without actually copying
it. This can happen in the following ways:

1. Providing place for infringement

2. Selling or distributing infringing copies
3. Importing copies

Case Laws on infringement

Super Cassettes Industries Ltd. V Yahoo Inc. & Anr, C.S. (O.S.) 1124/2008
 Suit for a perpetual injunction preventing copyright infringement triggered by
unlawful streaming of SCIL’s copyright works on Yahoo’s video streaming platform.
 Yahoo had taken protection under the DMCA, i.e. Digital Millennium Copyright Act
stating that they will get rid of infringing material when notified by the owner of the
copyright, which is not applicable in India.
 The court passed a copyright judgement preventing respondent, and its agents, offices
and representative from violating, adapting, reproducing, or transmitting in any
manner on their portal or other violating in any manner the feature films, musical
work, or sound recording of the plaintiff claims copyright, without getting an
apt copyright license from the plaintiff.

Ratna Sagar (P) Ltd. V. Trisea Publications & Ors., 1996 Ptc (16) 597

In Ratna Sagar (P) Ltd. v. Trisea Publications & Ors., 1996 PTC (16) 597, the petitioner, a
renowned publisher of children’s books “Living Science”, sued respondent, who published
the book “Unique Science” for the copyright infringement. According to the plaintiff, the
content available in the defendant’s book is deceptively similar to theirs. After examining
either publication, the court held the respondent guilty of copyright infringement and
imposed the perpetual injunction on such an act as per Sections 14 & 19 of the Act.

FAIR DEALING – SECTION 52

Copying of work in certain situations or scenarios are not considered as Copyright

infringement, and such copying is considered under the concept of fair dealing. The acts that
does not constitute infringement are:

 The reason for using the material is genuinely for the purpose of Quotation,
Criticism and Review. For example, one cannot discuss the whole film in an article
and then comment that he/she liked the movie.
 The material which is used for review or criticism should already be available to
the public. Thus, a person cannot use the material which is not made available to
the public but is kept confidential.
 The use of the material should be fair. There is no legal definition of what is fair
and what is not. The fair use of the material will depend on the facts and
circumstances of the case.
 If a person has provided sufficient acknowledgement to the copyright holder then
it would not amount to copyright.

The Chancellor, Master And Scholars Of The University Of Oxford & Ors. V.
Rameshwari Photocopying Services And Anr. (Read the case in brief by understanding
section 52)

Remedies

In India, copyright infringement remedies are provided under the Copyright Act, 1957. When
copyright infringement occurs, the copyright owner has various legal remedies available to
protect their rights and seek redress. The remedies in India include:

1. Civil Remedies: (section 55)

a. Injunction: The copyright owner can seek a court order (injunction) to stop the infringing
activities, preventing further use or distribution of the copyrighted work without
permission.

b. Damages: The copyright owner can claim monetary damages, which may be either the
actual damages suffered or statutory damages, as determined by the court.

c. Account of Profits: The copyright owner may claim the profits made by the infringer
from the unauthorized use of the copyrighted material.

d. Delivery up or Destruction: The court may order the infringing copies of the copyrighted
work to be delivered up to the copyright owner or destroyed to prevent further distribution.
 e. Anton Pillion Order:

(Read briefly other civil remedies such as Maevera Injunction, )

2. Criminal Remedies: (section 63)

a. Imprisonment and Fine: In cases of commercial-scale copyright infringement, criminal

penalties can be imposed, which may include imprisonment for a term not less than six
months but extendable to three years and a fine.

3. Border Measures:

a. The customs authorities in India can take action to prevent the importation or exportation
of infringing copies of copyrighted works.

5. Notice and Takedown:

a. Under the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021, online intermediaries are required to comply with takedown notices
from copyright owners for infringing content on their platforms.

6. Administrative Remedies

Administrative remedies consist of moving the Registrar of copyrights to ban the import of
infringing copies into India when the infringement is by way of such importation and the
delivery of the confiscated infringing copies to the owner of the copyright and seeking the
delivery.