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Copyright[1]

Table of Contents

QUESTION BANK

What is copyright? Explain the relevant provisions relating to copyright in literary, dramatic, musical works?
Explain copyright in dramatic and musical work.
Write in brief procedure for obtaining copyright.
Write detailed note on assignment and ownership of copyright.
What is infringement of copyright? Enumerate remedies for such infringement?
Explain the meaning concept and historical development of copyright.
Explain the concept of Copyright. Discuss various aspects of copyright justice.

Short Notes

Assignment of Copyright.
Video piracy.
Copyright Board.
Cinematographic films.

I. Introduction-

‘Copyright’ is the first, one of the oldest and foremost important rights of the Intellectual Property[2]. As per the Oxford Dictionary, the word ‘copyright’ is derived from the expression ‘copier of words’. The right is given to creative persons, like authors, musicians, artists, etc., to exercise the exclusive right to reproduce that work. In other words, it casts an obligation on other persons not to copy the work created by those persons.

In ancient times, creative persons like artists, musicians, writers, etc., worked for fame, recognition, and society. They did not think to get exclusive rights over their creations. There was no provision of copyright. However, the concept of copyright acquired its importance after the invention of the printing press. The printing press enabled the reproduction of books on a large scale.

In India, the Indian Copyright Act was passed in 1914, based on the UK’s Copyright Act of 1911.

II. Nature of copyright.-

The basic object of copyright law is to encourage authors, composers and artists to create original work by rewarding them with exclusive rights over the work for a limited period and to reproduce that work for the benefit of the public.

Intellectual property was first recognised in the form of copyright. ‘Copyright’ is one of the seven rights which constitute ‘intellectual property’. Copyright is a form of intellectual creativity recognised and protected by the law. Copyright is an exclusive right of copying over the creation given by law, for a certain period, to an author, composer, etc. For practical purposes, copyright is largely territorial in nature. There is no complete and exhaustive international law on copyright. Every country sets forth its own substantive and procedural rules concerning the protection and use of copyright.

III. Meaning of copyright-

Copyright is the right to copy or reproduce the work in which copyright subsists. It is a unique kind of intellectual property. Copyright is the right an author, composer, etc., acquires in work resulting from their intellectual labour[3]. In other words, copyright is a right acquired when an intellectual person performs some creativity.

IV. Definition of Copyright-

1. According to S. 14 of the Copyright Act 1957-

exclusive right
to do or authorise others to do certain acts in relation to
literary, dramatic or musical work;
artistic works,
cinematographic films, and
sound recording[4].

2. According to Black’s Law Dictionary-

The right in literary property, as recognised and sanctioned by positive law.
An intangible incorporeal right,

iii. granted to the author or originator of certain literary or artistic production,

whereby he is invested for a specified period, with the sole and exclusive

privilege of (a) multiplying copies of the same, and

(b) publishing and selling them.

3. According to the “Oxford Dictionary”-

(i) an exclusive right,

(ii) given by law,

(iii) for a certain term of years,

(iv) to an author, composer, etc. (or his assignee),

(v) to print, publish and sell copies of his original work.

Thus, from the above definitions, we may say that copyright is a right given to or derived from an intellectual work of literature, dramatic or musical, etc., granted to its author, artist, or composer to prevent another person from copying its original work, such as a book, piece of music, picture, etc.

V. Characteristics of copyright[5]–

1. Creation of Statute[6]–

Copyright is a creation of a statute. Copyright is granted and protected by the statute that created it, e.g., the Copyright Act of 1957 in India. Thus, we may say copyright is the outcome of positive law, not As per S. 13 of the Copyright Act of 1957, the copyright exists only in the matters mentioned in the Act and not on any other matter outside the Act.

2. Multiple Rights[7]–

Copyright is not a single right; rather, it is a bundle of rights. It comprises a number of rights, e.g., ‘literary work’ comprises the right to reproduce, the right to translate, the right to adapt, etc.

3. Monopoly right[8]–

4. Negative Right[9]–

The nature of copyright is negative. In other words, it prohibits others from exercising any right specifically conferred by the statute on the owner of it, e.g., not to copy books of the author, not to sell such copied books, etc. In other words, copyright stops others from exploiting the author’s work for their benefit without the consent or license of the author.

5. Original work[10]–

The essential copyright requirement is that the creation must be original and not copied from other existing work. The word ‘original’ does not mean the work must express original or inventive thought. It merely means that the work must express original, inventive, or novel thought and not be copied.

6. Exist in expression of idea[11]–

Copyright exists in ideas expressed in some material form, such as books, film photographs, musical tones, etc. The right does not protect mere ideas. Thus, mere ideas not expressed in any form do not get copyrighted.

In Donoghue v. Allied Newspapers Ltd[12].

The Chancery Court held that the person who communicated the idea cannot claim the copyright; rather, the person who worked on the idea and expressed it is entitled to the copyright.

Thus, no copyright exists for the author of an idea but for the person who puts that idea into the form of a book, drama, etc.

Similarly, the Supreme Court of India in R.G. Anand v Delux Films[13]that no copyright exists for an idea, subject matter, themes, plot, or historical facts.

VI. Historical Development of Copyright-

The historical development of copyright began with Gutenberg’s invention of the printing press in Germany in 1436. The printing press made the duplication of original work possible on a large scale. Therefore, the need to protect the interests of authors was felt.

In Germany and England, some privileges were granted to the authors. However, in 1709, Queen Anne passed an exhaustive Copyright Act for the first time in the United Kingdom. Eventually, in 1911, the Copyright Act was passed in the United Kingdom, replacing earlier Copyright Acts and even rules of Common Law. The Act was also made applicable to all British colonies, including India.

The Copyright Act was first passed in the United States in 1790. In India, the Copyright Act of 1847 was enacted by the East India Company. The Governor-General of India passed the Act. The Copyright Act of 1911, passed in the U.K., was also applicable in India, a British colony. After that, in 1914, the Indian Copyright Act was enacted.

The Copyright Act 1957-

The Act of 1914 was in existence till the passing of the new Copyright Act in 1957 by the independent Indian parliament. The Act has been amended occasionally, i.e. in 1982, 1994 and 1999. The amendments make the Copyright Act of 1957 exhaustive and comprehensive. Presently, with its amendments, the Copyright Act 1957 applies in India. [It is to be noted that the sections quoted hereunder are from the Copyright Act. 1957. The expression “The Act” denotes ‘Copyright Act. 1957’]

VII. Subject matter of copyright-

Copyright includes various subjects. According to S. 13 of the Copyright Act 1957, copyright exists in the following works only and not on any other matter not mentioned in the Act, viz.-

1. Literary Work[14]–

Definitions-

(i). In University of London Press Ltd. v. University Tutorial Press Ltd,[15] The Court elaborated on the term “Literary work” as it covered work expressed in printing or writing, irrespective of whether the quality or style was high.

In other words, the term ‘literary work’ seems to have been used as literature.

(ii). S. 2 (o) of the Copyright Act defines “Literary work” as including computer programs, tables, compilations, and computer databases.

However, the definition is not exhaustive but inclusive. It states that the term ‘literary work’ also includes computer programmes.

Thus, the expression ‘literary work’ covers work expressed in print or writing. Where considerable creative and intellectual endeavour is made, copyright applies. It applies to dissertations, question papers, encyclopedias, dictionaries, head notes of law reporters and digests, translations, letters, lectures, code words, catalogues, etc.

The Act requires that a literary work be original to get copyrighted. This merely means that the work should not have been copied from other works but should have involved some labour, skill, and originality of preparation.

2. Artistic Work[16]–

Definition-

According to S. 2 (c), artistic work means-

(i) a painting[17], a sculpture[18], a drawing[19] (including a diagram, map, chart, or plan), an engraving[20] or a photograph, whether or not such work possesses artistic quality;

(ii) a work of architecture; and

(iii) any other work of architecture craftsmanship.

(i) Painting-

A painting is an artistic work and secure copyright irrespective of artistic quality. A painting is a product of the art of representing or depicting colours on surfaces. However, to get a copyright, the painting must be original. In other words, it should not be a copy of some other painting.

(ii) Sculpture-

Sculpture is the art of forming representations of objects[21] , etc., or abstract designs in the round[22] or in relief by chiselling stone, carving wood, modelling clay[23], casting metal[24] or similar processes.

(iii) Drawing-

A drawing includes any diagram, map, chart or plan. It also consists of any drawing, whether mechanical or engineering.

A drawing to be qualified for copyright protection need not be of artistic quality.

(iv) Engravings-

According to S. 2 (i) of the Act, ‘engraving’ includes etchings, lithographs, woodcuts, prints, and other similar works not being photographs.

Engraving is the art of inscribing or carving figures upon surfaces or cutting figures in lines on metal surfaces for printing.

(v) Photograph[25]–

Photography includes photolithography and any work produced by any process analogous to photography but does not include any part of a cinematography film.

In Associated Publishers v. Bashyam[26] , the Madras High Court held that a picture of Mahatma Gandhi, produced in a new way by combining parts of two other pictures, is an original artistic work. Therefore, it is entitled to copyright.

(vi) Work of Architecture[27]–

‘Architecture work’ means ‘any building or structure having an artistic character or design, or any model for such building or structure’.

In the case of architecture, copyright exists only in the artistic character and design. It does not extend to construction processes or methods.

(vii) Work of Artistic Craftsmanship[28]–

Any object made by man, especially with a view to subsequent use, like jewellery, furniture, cutlery, toys, educational aids, etc., is capable of copyright and artistic craftsmanship.

It protects the right of a man who puts on the market articles, each of which is a work of artistic craftsmanship, a product of his own handicraft, from unauthorised reproduction, whether by hand, machine, or otherwise.

However, there must be sufficient craftsmanship and artistry to get a copyright.

3. Dramatic Work[29]–

2 (h) defines the expression ‘dramatic work’ as including any piece of recitation, choreographic[30] work or entertainment in a dumb show, the scenic arrangement or acting, the form of which is fixed in writing or otherwise but does not include a cinematograph film.

For a dramatic work, any of the following three types have been included-

(i) a piece of recitation, (ii) choreographic work, or (iii) entertainment in a dumb show.

When a writer or a dramatist produces a drama, it results from his labour, energy, time, and ability. If any person is allowed to use the copyrighted work without their permission, it amounts to theft by depriving the original owner of the copyright.

Choreographic work is a form of dramatic work. Choreography is the art of composing ballets[31] and other stage dances and planning and arranging stage dancers’ movements, steps and patterns. It is a technique of representing the various dance movements by a system of notation[32].

4. Musical Work-

Definition-

2 (p) defines ‘Musical Work’ as a work consisting of music and including any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with music.

Song—There is no Copyright in a song. The words of the song create a copyright in the author of the song, and the music of the song is the copyright of the composer, but the song itself has no copyright.

The remix songs fall within the definition of adaptation of musical work; such adaptation does not infringe the copyright of the original music composition.

In Gramophone Co. India Ltd. v. Super Cassette Industries[33]

The Court held that a version recording might claim copyright protection if made by skilful and laborious rearrangement of different music with the due permission of the song’s original owner.

5. Cinematograph Film-

‘Cinematograph Film’ means any work of visual recording and includes a sound recording accompanying such visual recording. It also includes any work produced by any process analogous to cinematography, including video films.

In Balwinder Sing v. Delhi Administration[34]

The Court held that video and television had been treated as cinematographic films within the meaning of S. 13 (1) (b).

6. Sound recording-

‘Sound recording’ means a recording of sounds 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 (S. 2(xx)).

The producer is the author of a sound recording. Musical works and sound recordings embodying the music are considered separate subjects for copyright.

All the above works are entitled to copyright.

VIII. Author, Ownership and Duration of Copyright-

1. Introduction-

A person’s claim to copyright is based on his creativity in some form or another and not on mere ideas. The person who first gives concrete shape to the idea is entitled to copyright. The work’s creator is the copyright owner, not the person who only gave a thought to the creator. Thus, when an author creates a work on his behalf, he owns the copyright in the work.

2. Determining ownership of copyright-

The claim of first ownership is based on the authorship.

Definition of ‘Author’-

2 (d) of the Copyright Act, 1957 defines Author means-

(i) in relation to a literary or dramatic work, the author of the work,

(ii) in relation to a musical work, the composer,

(iii) in relation to an artistic work (other than a photograph), the artist;

(iv) in relation to a photograph, the person taking the photograph;

(v) in relation to a cinematographic film or sound recording, the producer and

(v) In relation to any literary, dramatic, musical or artistic work that is computer generated, the person who causes the work to be created.

3. Claim of authorship during employment or service contract (S. 17 (c))-

The General principle is that if a person is employed to do a work and paid for the work, the product of his labour, subject to any agreement to the contrary, belongs to the employer. However, any work an employee or agent does outside his employment or contract belongs to him.

In V. T. Thomas v. Malayalam Manorama[35]

Kerala High Court held that the copyright in cartoons created by V. T. Thomas long before the employment under the respondent belongs to cartoonist V. T. Thomas.

4. Joint Authorship-

Where the work is created by active and close intellectual connection and cooperation between two persons, both are joint authors entitled to copyright ownership.

5. Ownership of copyright-

17 of the Act recognises the author of the work as the first owner of the copyright therein. However, there are some exceptions mentioned in the Act as follows-

i. Literary, dramatic or artistic work (S. 17 (a)-

Where a work is done 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 the absence of any agreement to the contrary).

ii. Photograph, painting, portrait (S. 17 (b))-

Where a photograph is taken, or a painting or a portrait drawn or an engraving or a cinematograph film made for valuable consideration, at the instance of any person- such person (in the absence of any agreement to the contrary).

iii. Work made in the course of employment (S. 17 (c))-

Where a work is made during the author’s employment under a contract of service or apprenticeship employer (in the absence of any agreement to the contrary).

iv. Lectures delivered (S. 17 (cc))-

Where any person has delivered any address or speech in public, that person will be the first owner of the copyright. However, if the address or speech is delivered on behalf of any other person, such other person will be the copyright owner.

v. Government work (S. 17 (d))-

In the case of government work, the government owns the copyright (in the absence of an agreement to the contrary).

vi. Work made on behalf of a public undertaking (S. 17 (dd))-

In case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall be the first owner of the copyright therein (in the absence of an agreement to the contrary).

vii. Work of certain international organisation (S. 17 (e))-

When a work is considered to be a work of a certain international organisation under the provisions of S. 41, the international organisation concerned shall be the first owner of the copyright therein.

6. Rights of copyright owners-

i. Statutory Rights- (discussed above).

ii. Negative Rights- (discussed above).

iii. Multiple rights- (discussed above).

iv. Economic Rights-

The rights conferred by S. 14 on a copyright owner are economic because the exploitation of the work by the author exercising these rights may bring economic benefit to him.

The author may exploit the work himself or license to exploit any of the rights for a consideration, which may be in the form of royalty, a lump-sum payment, etc.

v. Moral rights-

Besides conferring economic benefits, copyright also confers moral rights to the author. Such moral rights are also recognised by S. 57 as special rights of the author. These rights are- (a) the right to claim authorship of the work and (ii) the right to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work.

7. Term or duration of Copyright[36] (Ss. 22 to 29)-

The copyright owner can enjoy copyright for a specific period. He cannot indefinitely enjoy it. The Copyright Act mentions the period of copyright as per the nature of copyright.

The general term for copyright in literary, dramatic, musical, and artistic works is the author’s lifetime and sixty years after that. If there are joint authors, then the term is measured from the death of the longest living among them who qualify for copyright.

In cinematographic film or sound recording cases, if the copyright holder is a Government, public undertaking, or International Organisation, the term of copyright is sixty years. In cases of broadcast reproduction, copyright subsists for twenty years, and performers’ copyright subsists for fifty years.

IX. Registration of Copyright[37]

–

Registration of copyright is the process of obtaining copyright. Registration is not compulsory. However, registration is advised because it gives some advantages over non-registration. Therefore, it is being said that registration is optional but beneficial.

In Glaxo Operation U.K. Ltd v. Samrat Pharmaceuticals[38]

Delhi High Court held that Copyright exists whether registration is done or not. Registration is evidence of when a certain author started claiming copyright.

The Act in S. 45, read with Rule 16 of the Copyright Rules 1958, provides a detailed procedure for the registration of copyright as follows-

1. Application for registration (S. 45)-

The author, publisher, owner of or other person interested in the copyright in any work may make an application in triplicate to the Registrar of Copyrights for entering particulars of the work in the Register of copyright.

An application for registration should be made in accordance with Form IV and accompanied by the prescribed fee.

2. Give notice-

The person applying for a copyright has to give notice of his application to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of the applicant.

3. Enter particulars in the Register of Copyrights-

If the Registrar of Copyright receives no objection to such registration within thirty days and he is satisfied by the correctness of the particulars given in the application, he may enter the particulars in the Register of Copyright.

44 of the Act makes it obligatory for every copyright office to maintain a register in the prescribed form in which the names or titles of works and the names and addresses of authors, publishers, and copyright owners may be entered on the application of interested persons.

4. Objection for Registration-

If the Registrar of Copyright receives any objection for such registration within thirty days of receiving the application or if he is not satisfied with the correctness of the particulars given in the application, he may, after holding such inquiry as he deems fit, enter such particulars of the work in the Register of Copyrights as he considers proper.

5. Copy of Registration-

The Registrar of Copyrights sends, as soon as may be, a copy of the entries made in the Register of Copyrights to the parties concerned.

X. Assignment and Licensing of Copyright[39] –

The owner of the copyright may either exploit the work himself in multiple ways or transfer it either in full or in part to others through different means, viz., assignment or license for a limited term.

‘Assignment’ is a transfer of ownership in copyrights to the assignee, whereas a ‘license’ is permission to do something with respect to the copyrighted work. The person who assigns the copyright is called the ‘assignor’, and the person to whom the copyright is assigned is called the ‘assignee”. Ss[40]. 18, 19, and 19 A of the Act deal with the assignment of copyright, whereas ss. 30 to 32B deals with the licensing of copyright.

The assignment gives the assignee all rights related to the copyright of the assigned work.

A. Assignment of copyright –

1. Nature of assignment (S. 18)-

The owner of the copyright-

(i) in an existing work, or

(ii) the prospective owner of the copyright in a future work,

-may assign to any person, the copyright

either (i) wholly or partially, and

either (ii) generally or subject to limitations, and

either (iii) for the whole of the copyright or any part thereof.

Provided that, in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work exists.

In other words, the present or prospective owner of the copyright may assign either whole or partial copyright to any person. Such assignment may be general or subject to some limitations and may be for whole copyright or part thereof.

Thus, S. 18 states the nature of the assignment of copyright.

2. Terms as to the assignment of copyright (S. 19)-

The following terms are applicable to the assignment, viz.

The assignment should be in writing and signed by the assignor or by his duly authorised agent.
The instrument[41] of assignment should specify-

(a) the work to be assigned,

(b) the rights to be assigned,

(d) the territorial extent of such assignment.

(e) the amount of royalty payable to the author or his legal heirs.

(f) the terms of revision, extension or termination of the assignment instrument.

iii. Presumptions as to assignments[42]–

(a) If the assignee does not exercise the rights assigned to him within one year from the date of assignment, the assignment with respect to such rights shall be deemed to have lapsed (unless otherwise specified).

(b) if the assignment period is not stated, it shall be deemed to be five years from the date of assignment.

(c) if the territorial extent of any assignment of the right is not specified, it shall be presumed to extend within India.

In K.A. Venugopala Setty v. Suryakantha Kamath[43]

Karnataka High Court held that when the Act provides a specific mode of assignment, i.e., in writing and signed by the assignor, no other mode of assignment, such as oral, etc., is permissible.

3. Dispute as to assignment (S. 19 A)-

If any dispute as to copyright arises, the Copyright Board has the power to decide on the dispute.

4. Transmission of copyright due to death of owner (S. 20)-

When the copyright owner dies, the copyright passes to his legal representatives as part of the estate, provided that no will is executed.

5. Relinquishment of copyright (S. 21)-

The work’s author may relinquish all or any of the rights comprised in the work by giving notice to the Registrar of Copyright.

B. Licensing of copyright-

‘License’ means a grant of permission by the owner of the copyright to another to do something that the owner has a right to prohibit. The copyright holder who gives the license is known as the “licensor”, and the person to whom the license is given is known as the ‘licensee”. The document through which the license is granted is known as the ‘license deed’. The owner of the copyright may grant a license to do any of the acts for which he has the exclusive right to do.

1. Classification of License-

The license can be classified into the following categories, viz.

a. Voluntary license (S. 30)-

An existing or prospective owner of the copyright (in any future work) can grant any interest in the right by license in writing signed by him or his duly authorised agent. The license relating to future work will, however, take effect only when the work comes into existence. The provisions of S. 19 and 19 A regarding the modes of granting assignment also apply here.

b. Compulsory license-

The Act empowers the Copyright Board to grant compulsory licenses in the following circumstances-

Compulsory license of an Indian Work (S. 31)-

When the copyright holder withholds his work from the public on unreasonable terms, the Copyright Board is empowered to grant a compulsory license to the licensee without permission of the copyright holder. The Copyright Board is empowered to grant a compulsory license under certain circumstances on suitable terms and conditions regarding an Indian work. The conditions necessary for the grant of such a compulsory license are as follows-

(1) the work should have been published or performed in public.

(2) the author should have refused to republish or allow the republication of the work in public,

(3) that by reason of such refusal, the work is withheld from the public, or

(4) the author should have refused to allow communication to the public of such work by broadcast, or in the case of a sound recording, the work recorded in such record, on reasonable terms.

In M/s Entertainment Network (India) Ltd v. M/s Super Cassette Industries Ltd[44]

The Honorable Supreme Court observed that the Act seeks to maintain a balance between the interest of the copyright owner in protecting his works on the one hand and the interest of the public in having access to the work on the other hand.

Thus, no copyright holder can withhold his work from the public without reasonable terms and restrict the public from his work merely for his whims.

Compulsory license in respect of dead or unknown author, etc. (S. 31 A)-

Where in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author of which is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a license to publish or communicate to the public such work or a translation thereof in any language.

Before applying for a license, the applicant should publish his proposal in one issue of a daily newspaper in that language.

The application to the Copyright Board should be in the prescribed form, accompanied by the prescribed fee and with a copy of the advertisement issued.

After making certain prescribed enquiries, the Copyright Board directs the Registrar of Copyright to grant a license to the applicant to publish the work or its translation, subject to payment of royalty and other conditions determined by the Board.

As per S. 31-B, any person working for the benefit of persons with disabilities, even on a profit basis or for business, may apply to the Copyright Board for a compulsory license to publish any work in which copyright subsists for the benefit of such persons. However, the provision would not apply if any such performance is held by the Central, State, or Local Authority, bonfire in any religious ceremony or official ceremony.

iii. Statutory license for a cover version of a song (S. 31 C)-

‘Cover Version” is a version of the song other than the original recording. It is a recording of a song previously recorded or made popular by another.

A person desirous of making a cover version, being a sound recording in any literary, dramatic or musical work, where the sound recording of that work has been made by or with the license or consent of that owner, may do so.

Such sound recording should be in the same medium as the last recording unless the medium of the last recording is no longer in the current commercial use.

The person making a sound recording should give prior notice of his intention to make the sound recording in the prescribed manner, provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance to the owners of rights in each work royalties in respect of all copies to be made by him at the rate fixed by the Copyright Board.

Such licensee should strictly follow the provisions of this section regarding packing or covering of production, alteration in sound recording, payment of royalty, maintaining register and books of accounts, etc.

Statutory license for broadcasting (S. 31 D)-

Any broadcasting organisation desiring to communicate to the public through broadcasting or performance of a literary or musical work, including a sound recording, that has already been published may do so.

The broadcasting organisation is under a duty to give prior notice of its intention to broadcast the work, stating the duration and territorial coverage of the broadcast, and pay to the owner of rights in each work royalties at the rate fixed by the Copyright Board.

The Broadcast organisation should also follow the rules mentioned in the section regarding payment of an advance royalty, announcement of the names of the author and performers, fresh alteration in the work, maintaining records and books of accounts, etc.

License to produce and publish translations (S. 32)-
a) Of Indian Work-

A license to produce and publish a translation of a literary or dramatic work in any language may be obtained from the Copyright Board by any person after seven years from the first publication of the work.

b) Of Foreign Work-

Any person may apply to the Copyright Board for a license to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work which is not an Indian work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research.

Where such translation is in a language not in general use in any developed country, the application may be made one year after its publication.

Every application should be made in the prescribed form, and the proposed retail price of a copy of the translated work should be stated.

The producer should strictly follow the rules under this section regarding applications, fees, the work to be translated, notice of application, etc.

Every such application should be made with respect to one work only and for translation of that work into one language only.

Such license is granted in specific circumstances enumerated in the section.

License to produce and publish work not available in India (S. 32 A)-

Where, after the expiry of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work-

a) the copies of such edition are not available in India, or
b) such copies have not been put on sale in India for the period of six months to the general public or in connection with systematic instructional activities at a price reasonably related to that normally charged in India for comparable work by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the Copyright Board for a license to produce and publish such work in printed or analogous form of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities.
Where an application is made to the Copyright Board under this section, it may, after holding such an inquiry as may be prescribed, grant to the applicant a license, not being an exclusive license, to produce and publish a reproduction of the work mentioned in the application, subject to the conditions as to payment of royalty and not to export the copies.

No such license shall be granted unless the conditions mentioned in the section regarding request, ability to pay royalty, price of production, printing of the author’s name, etc. are complied with by the applicant.

2. Termination of license (S. 32 B)-

Where at any time after the granting of a license to produce and publish the translation of a work in any language, the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in India for the translation of works of the same standard on the same or similar subject, the license so granted will be terminated.

The termination will not take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person adding such license by the owner of the right to translation intimating the publication of the transaction.

The copies of the licensed work produced and published by the license holder before the termination takes effect may continue to be sold or distributed until the copies already produced and published are exhausted.

XI. Infringement of Copyright and Remedies for infringement-

1. Introduction-

Copyright owners have the exclusive right to exploit their work for commercial gains in various ways, such as assignment, licensing, etc. The main purpose of recognising and protecting copyright is to protect authors’ economic interests and inspire them to exercise their creative faculties further.

If any person, without proper authorisation from the copyright owner, exploits his work in a manner such as reproduction in any material form, performance of the work in public, communication of the work to the public or such other form, with the intention to reap monetary gain, is said to have committed infringement of the copyright of the owner.

2. Definition and meaning of infringement-

As has already been discussed, various forms of creative work include literary, dramatic, musical, artistic, etc. Therefore, the acts that would constitute infringement would depend upon the nature of the work. However, S. 51 of the Act does not define ‘infringement’ with respect to each of these creative forms but lays down the generally applicable forms.

According to S. 51, copyright in work shall be deemed to be infringed-

(a) when any person without a license from the owner of the copyright or the Registrar of Copyright, or in contravention of the conditions of a license granted or any conditions imposed by a competent authority under the Act-

(i) does anything, the exclusive right of doing which is conferred upon the owner of the copyright, or

(ii) permits for profit any place to be used for the communication of the work to the public, where such communication constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or

(b) Where a person-

(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire any infringing copies of the work, or

(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, any infringing copies of the work, or

(iii) exhibits to the public any way of trade, any infringing copies of the work, or

(iv) imports any infringing copies of the work into India except one copy of any work for the private and domestic use of the importer.

Provided that the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an infringement.

Thus, if a producer makes a film based on the writer’s novel without a license from the writer, the film would be treated as an infringed copy of the novel.

2 (m) of the Act defines the term ‘infringing copy’[45]. Moreover, S. 14[46] specifically mentions the acts with respect to which copyright is granted. Any of those acts without permission of the copyright holder amounts to infringement. Thus, in other words, any of the acts mentioned in S. 14 as rights of the copyright holder without his permission amounts to infringement.

In R. G. Anand v. Delux Films[47], the Supreme Court of India has laid down the following observations as to the infringement of Copyright:

(i) There can be no copyright in an idea, subject matter, themes, plots, or historical or legendary facts, and copyright violation in such cases is confined to the form, manner, arrangement, and expression of the idea by the author of the copyrighted work.

(ii) Where the same idea is being developed in a different manner, it is manifest that the source is common, and similarities are bound to occur. In such a case, the courts should determine whether or not the similarities are on fundamental or substantial aspects of the mode of expression adopted in the copyrighted work.

(iii) One of the surest and safest tests to determine whether or not there has been a violation of copyright is to see if the reader, spectator, or viewer, after having read or seen both works, is clearly of the opinion and gets an unmistakable impression that the subsequent work appears to be a copy of the original.

(iv) Where the theme is the same but is presented and treated differently so that the subsequent work becomes a completely new work, no question of violation of copyright arises.

(v) Where, however, apart from the similarity appearing in the two works, there are also material and broad dissimilarities which negative the intention to copy the original and the coincidences appearing in the two works are clearly incidental, no copyright infringement comes into existence.

(vi) As a copyright violation amounts to an act of piracy, it must be proved by clear and cogent evidence after applying the various tests laid down by the case laws.

(viii) Where the question is of the violation of the copyright of a stage play by a film producer or a director, the task of the plaintiff becomes more difficult to prove piracy. However, if the viewer, after seeing the film, gets a totality of impression that the film is by and large a copy of the original play, violation of the copyright may be said to be proved.

The copyright law prohibits the reproduction of the original work of others created by employing innovative skills and labour. To decide the originality of the work, the test of “Sweat of the Brow[48]” doctrine was traditionally applied in England. It meant a significant expenditure of skill, labour, and judgment should be applied; creativity or inventiveness was not necessary.

However, in present days, the “Sweat of the Brow” doctrine has become irrelevant. The Supreme Court in Eastern Book Company v. D.B. Modak[49] in 2008 and Delhi High Court recently in Gaint Rocket Media v. Priyanka Ghatak (Lex (Del) 2020-1-181) have held that, while under the “Sweat of the Brow” doctrine, copyright was conferred on works merely because time, energy, skill and labour was expended, now under the ‘modicum of creativity[50]’ standard, not every effort or industry or expending of skill results in copyrightable work, but only those which create work that is somewhat different in character, involve some intellectual effort and certain degree of creativity, is capable for copyright.

3. Exceptions to Infringement (S. 52)-

The following acts do not constitute infringement of copyright-

A fair dealing[51] with a literary, dramatic, musical or artistic work ( not being a computer program) for the purpose of private use, including research, criticism or review, making copies of computer programs for certain purposes, reporting current events in newspapers and magazines or by broadcasting or in a cinematograph film or by means of photographs.
Publication in connection with the use of educational institutions in certain circumstances,
Reproduction by teacher or pupil in the course of instructions or in question papers.
Performance in the course of the activities of educational institutions in certain circumstances.
Reproduction in newspapers and magazines of articles on current economic, political, social, or religious topics in certain circumstances.
Publication in newspapers or magazines a report of a lecture delivered in public.
Making a maximum of three copies for the use of a public library.
Making a sound recording under certain circumstances subject to certain conditions.
Causing a sound recording to be heard in public by utilising it in an enclosed room or in clubs in certain circumstances.
Performance in an amateur club[52] given to a nonpaying audience or to religious institutions.
Reproduction of unpublished work kept in a museum or library for the purpose of study or research.
Reproduction or publication of any matter published in the official gazette[53] or reports of government, commission or other bodies appointed by the government.
The reproduction of any judgment or order of the court, tribunal, or other judicial authority is not prohibited from publication.
Production or publication of a translation of Acts of Legislature or rules.
Making or publishing a painting, drawing or photograph of a work of architecture.
Reproduction for judicial proceedings and reports thereof, reproduction exclusively for the use of members of the Legislature, reproduction (artistic work excluded) in a certified copy supplied in accordance with law.
Reading or reciting literary or dramatic work extracts in public.
Making or publishing a painting, drawing, photograph, engraving of sculpture, or other artistic work permanently situated in a public place.
Any artistic work permanently situated in a public place and other artistic work as background or incidental to the principal matter represented in the film may be included in a cinematograph film.
Reproduction for the purpose of research, private study, or view to publication of an unpublished literary, dramatic, or musical work kept in a library, museum, or other institution to which the public has access, provided the reproduction is made after 60 years from the date of the author’s death.

4. Remedies against infringement of copyright-

The remedies provided under the Copyright Act for the protection of copyright are as follows-

a) Civil Remedies (S. 55 to 62)-

i. Injunction[54]–

‘Halsboury’ defines an injunction as a judicial process whereby a party is ordered-

(a) to refrain from doing or,

(b) to do (a particular act or thing).

It is thus the order of the Court whereby it restrains-

(a) the commission or

(b) continuance of some wrongful omission.

In the former case, the injunction is called a prohibitory or restrictive injunction; in the latter, it is mandatory. The former, i.e. prohibitory injunction, is more common than the latter, i.e. mandatory.

Specific relief afforded through injunction is called Preventive relief. It is based on the maxim “prevention is better than cure.” The court grants an injunction when pecuniary compensation would be inadequate or futile.

The object of granting an injunction is to restrain the commission of an act to prevent future or threatened injuries.

This preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual, as per the provisions of the Civil Procedure Code.

Interlocutory Injunction[55]–

An interlocutory injunction is to maintain the status quo until trial or further order or for a specific period. It is a temporary relief. It secures immediate protection of copyright from existing or anticipated infringement. To get an interlocutory injunction, the Plaintiff, i.e. copyright holder, has to prove (i) prima facie case, (ii) balance of convenience in his favour, and (iii) if interlocutory injunction is not granted in favour of Plaintiff, it would cause irreparable loss to him.

In John Richard Brady v. Chemical Process Equipment Pvt. Ltd[56]

Facts– Defendant was manufacturing machines as per Plaintiff’s drawing without his permission.

Delhi High Court Held– Plaintiff proves prima facie case. Therefore, the injunction is to be granted.

In Bajaj Electricals Ltd. v. Gaurav Bajaj (Interim application no. 1 of 2020)[57]

Facts– Ad interim relief was pressed against infringement of copyright and trade mark in artistic Labels of “BAJAJ”.

The Bombay High Court granted an interim injunction against the defendant for violating the “BAJAJ” trade mark and copyright in labels.

ii. Search and Seizure order[58] (Anton Pillor Order)-

Anton Piller Order is an order of a court that gives the right to the Plaintiff to search and seize evidence without giving prior warning to the Defendant.

The action is known by the case name Anton Piller K.G v. Manufacturing Process. This case was decided by the Court of Appeal in England. The plaintiff filed an affidavit claiming that the Defendant was selling confidential design information to other companies.

The court ordered the search of the defendant’s premises and seized documents belonging to the plaintiff.

iii. Damages[59]–

Copyright is a property right, and any injury to such a right will give rise to a claim for damages. Damages compensate the plaintiff for the harm caused by the legal injury. A person whose copyright is infringed is entitled to damages as compensation for infringement.

iv. Account of profits[60]–

The remedy of account of profits is an alternative to the remedy of damages. The court may order payment to the owner of the copyright for the profit made by the infringer as a result of the infringement.

v. Damages for conversion[61] (S. 58) –

All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies will be deemed the copyright owner’s property. The copyright holder may take proceedings for the recovery of possession thereof or in respect of conversion thereof.

However, the conversion remedy is not available to the plaintiff if the opponent proves that he was not aware of the copyright’s existence or proves reasonable grounds for believing that the copies did not involve copyright infringement.

Other important provisions as to civil remedies-

The Act has laid down some important rules as to civil remedies under Ss. 60, 61 and 62 as follows-

(i) Groundless threat of legal proceeding[62] (S. 60)-

Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may institute a declaratory suit that the alleged infringement to which the threats related was not in any fact an infringement of any legal right of the person making such threats, and may in any such suit obtain an injunction against the continuance of such threats and recover such damages, if any, as he has sustained by reason of such threats.

The remedy is available to the person against whom infringement is alleged.

However, the remedy is not available to such a person if the person making threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him; it is also held recently in Bristol Squibb Holdings v. Natco Pharma (Lex (Del) 2020-1-64).

(ii) Owner of Copyright to be a party to the proceeding[63] (S. 61)-

In every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the Court otherwise directs, be made a defendant, and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee.

(iii) Jurisdiction of Court in a civil proceeding (S. 62)-

A suit for infringement of copyright is to be instituted before the District Court having jurisdiction.

b). Criminal Actions-

Copyright holders can pursue civil remedies and criminal proceedings against copyright infringers. Infringement of copyright is a civil as well as criminal wrong. The offences and punishments are given in the following tabular form.

Sr. No	Offences under the Act	Punishments thereto
(i)	The offence of infringement of copyright or other rights conferred by the Act (S. 63)	imprisonment not less than 6 months but may extend up to three years. and with a fine not less than 50,000 rupees but may extend to 2 lakh rupees.
(ii)	Enhanced penalty on second and subsequent conviction (S. 63 A)	imprisonment not less than one year but may extend to three years. and with a fine not less than 1 lakh rupees but may extend to 2 lakh rupees.
(iii)	Knowingly using of infringed copies of computer programs (S. 63 B)	imprisonment not less than 7 days but may extend to three years. and with a fine not less than 50,000 rupees but may extend to 2 lakh rupees.
iv	Infringing protection of Rights Management Information (S. 65 B).	Imprisonment up to 2 years and fine
v	Making false entries in the Register of Copyright, etc., for producing or tendering false entries (S. 67).	Imprisonment up to 1 year, or fine or both
vi	Making false statements for deceiving or influencing any authority or officer (S. 68).	Imprisonment up to 1 year, or fine or both
vii	Contravention of S. 52-A (i.e., displaying required information on the cassette, etc.) (S. 68. A)	Imprisonment up to 3 years and fine
viii	Publishing a sound recording or a video film in violation of rules under S. 52-A	Imprisonment up to 3 years and fine
ix	Possession of plates or other materials used for making infringing copies (S. 65).	Imprisonment up to 3 years and fine
x	Offences by Companies (S. 69)	Every person in charge of or responsible for the conduct of affairs of the company is liable for punishment for the offences mentioned above.

c). Administrative Remedies (S. 53)-

The Registrar and Copyright Board are empowered to check infringements of copyright.

On the application of the copyright owner or his duly authorised agent, the Registrar may ban the importation of infringed copies of such work (S. 53).

XII. Copyright Office, Copyright Board and Copyright Societies-

1. Introduction-

The following bodies have been created under the Copyright Act of 1957 to effectively administer the copyright act and promote the interests of copyright owners.

a) Copyright Office (S. 9 and 10)-

‘Copyright Office’ has been established in New Delhi. The Office is under the superintendence and direction of the Central Government.

Central Government shall appoint a Registrar of Copyright and one or more Deputy Registrars.

The registrar performs the functions of registration and maintenance of a copyright register. He is also secretary of the Copyright Board.

b) Copyright Board (Ss. 11 and 12)-

The Copyright Board has been entrusted with the powers of the Civil Court and observes the principle of natural justice.

The composition, functions, powers and procedures of the Copyright Board are as follows-

(i) Composition-

The Copyright Board consists of a Chairman and not less than two or more than 14 other members. The Chairman shall be a person who is or has been a Judge of the High Court. The term of appointment is five years. The Registrar of Copyright is the Secretary of the Board.

(ii) Functions of the Copyright Board-

(1) To decide whether the work has been published or the date on which it was published for determining terms of copyright.

(2) To decide whether the term of copyright for any work is shorter in any country than under the Act.

(3) To settle disputes arising concerning the assignment of copyright.

(4) To grant the compulsory license in respect of Indian work withheld from the public.

(5) To grant a compulsory license to publish unpublished work;

(6) To grant compulsory licenses to produce and publish literary and dramatic work translations.

(7) To grant a compulsory license to reproduce and publish certain categories of literary, scientific or artistic work for certain purposes.

(8) To rectify the Register on application of Registrar of copyright or any person aggrieved.

(iii) Powers and procedure of Copyright Board (S. 12)-

The Board hears any proceeding instituted before it within the zone in which the person actually or voluntarily resides or carries on business or personally works for gain.

The country is divided into five zones, viz. Northern, Eastern, Western, Southern and Central zones.

The Chairman may constitute a Special Bench consisting of five members. The Board generally consists of a chairman and at least 3 members.

The principles of natural justice are to be followed generally by the members of the Board. If there is no majority, the Chairman’s decision shall be final.

(iv) Powers of Registrar of Copyright and Copyright Board (S. 74)-

The Registrar of Copyright and Copyright Board have the following powers of a Civil Court-

(1) to summon and enforce the attendance of any person and examine him on oath.

(2) to require the discovery and production of any document;

(3) to issue a commission for the examination of witnesses or documents;

(4) to revive evidence in the form of affidavits;

(5) to requisition any public sound recording or its copy from any Court or office;

(6) to perform any other matter which may be prescribed.

(v) Appeals-

An appeal against the decision of the Copyright Board (except in matters relating to publication under S. 6, where the Board’s decision is final) shall lie to the High Court within three months from the decision date.

c) Copyright Societies (Ss. 33 to 39 A)-

A Copyright Society is a voluntary association of Copyright owners legally registered under the Copyright Act. It is a representative body of copyright owners and shall work under their effective control.

Short Notes-

Video Piracy-

1. Introduction-

Piracy has become a global problem due to rapid advancements in technology. Recorded music and video cassettes of films and TV programmes are reproduced, distributed and sold on a massive scale without any permission from copyright holders in many parts of the world, including India. The violation of copyright is done without any remuneration to the authors, artists, publishers and producers thereof. The emergence of new techniques of recording, fixation and reproduction of audio programmes, combined with the advent of video recording technology, have greatly helped the pirates. It is estimated that the losses to the film producers and other owners of copyrights amount to several crores of rupees. The loss to the government in terms of tax evasion also amounts to crores of rupees.

Uncertified video films were being exhibited on a large scale. Many video parlours had sprung up all over the country, and they were exhibiting films recorded on video tapes by charging admission fees from their clients.

Taking into consideration the pathetic condition of film producers, S. 52 A was inserted into the Copyright Act in 1984 to protect their economic interests and punish pirates severely.

2. What is video piracy?

Video piracy occurs when a film is produced as video cassettes without authorisation from the copyright holder, i.e., the producer. Unauthorised videotaping and digital recording of cinematograph films constitute a severe infringement of the producer’s copyright. This results in losses to the copyright holders of crores of rupees. It also causes loss to the Government exchequer due to tax evasion.

3. Forms of video piracy-

There are the following types of video piracy, viz.

(i) Where video rights for the film are not sold, pirates make video cassettes. And

(ii) Even though video rights are sold to the party, pirates make and sell cassettes of the video.

Films are shown on pirated copies in video parlours or cable TV. Even though producers sell video rights to another party, which makes video cassettes for selling and lending, these cassettes are meant for home viewing only and not for showing through cables or in video parlours.

Piracy spread to the extent that newly released films were shown on cable TV simultaneously with their exhibition in theatres.

4. Provisions to prohibit piracy-

52 A was inserted into the Copyright Act in 1984 to avoid losses for producers and the Government. Clause (2) of the section provides that no person shall publish video film in respect of any work unless the following particulars are displayed in the video film when exhibited and on the video cassette or other container thereof, namely-

(a) If the video film is a cinematograph film (required to be certified for exhibition under the provisions of the Cinematograph Act, 1952), a copy of the certificate granted by the Board of Film Certification in respect of such video film.

(b) the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary license or consent from the owner of the copyright in such work for making such video film; and

In State of Andra Pradesh v. Nagoti Venkataramana[64]

The Supreme Court held that, in view of the objects underlying S. 52-A, it would be an infringement of copyright if the particulars on video films, etc., as mandated under the section, are not shown.

5. Remedies for video piracy-

Remedies for video piracy are available, as discussed in the above topic of “Remedies against infringement of copyright”. Moreover, S. 68-A awards a punishment of imprisonment up to 3 years and also a fine for not displaying information required by S. 52-A.

*****

[1] लेखाधिकार / पुनर्मृद्रणाधिकार / स्वामित्वधिकार/ प्रकाशनाधिकार / प्रतिलिप्याधिकार / सर्वाधिकार

[2] लेखाधिकार हा सर्वात प्रथम, सर्वात जुना व सर्वात म्हत्वाचा बौधिक अधिकार आहे./, बौद्धिक संपदा के सबसे पुराने और सबसे महत्वपूर्ण अधिकारों है

[3] लेखाधिकार / पुनर्मृद्रणाधिकार / स्वामित्वधिकार हा बौधिक संपदेमधिल एक अत्यंत महत्वाचा अधिकार आहे, जो लेखक, संगीतकार, कलाकार, रचनाकार इ. यांना, त्यांनी बुध््दीच्या वापरातुन केलेलया श्रजनात्मक कार्यासंबंधी दिला जातेा./ प्रकाशनाधिकार वह अधिकार है जो एक लेखक, संगीतकार आदि काम में प्राप्त करते हैं जो उनके बौद्धिक श्रम का परिणाम है.

[4] लेखाधिकार / पुनर्मृद्रणाधिकार / स्वामित्वधिकार म्हणजे असा संपुर्ण अधिकार की जो खालील घटकांसंबंधी काहीही करने अथवा करण्यासबंधी अधिकार देण्यासंबंधी असतो. ते घटक म्हणजे

साहीत्य, अभिनय / नाटय रचना, संगीत साहित्यिकए नाटकीय या संगीतमय कामए
कलाकार्य कलात्मक काम करता हैए
चलचित्र निर्माण कला / छायांकन
ध्वनी मुद्रण

[5] लेखाधिकाराची वैषिष्ठे

[6] कायदयाने निर्मान केलेला अधिकार/ क़ानून का निर्माण

[7] अनेक अधिकार एकत्रीतपणे / कई अधिकार

[8] एकाधिकारषाही निर्मान करनारा अधिकारण्/ एकाधिकार अधिकार

[9] नकारात्मक अधिकार

[10] मुळ कलाकृती / मुळ लेखन / मुळ निर्मिती इ.

[11] मुर्त स्वरूपात व्यक्त केलेल्या विचारासच फक्त लेखाधिकार मिळतो ना की फक्त विचारास/ विचार की अभिव्यक्ति में मौजूद

[12] 1936 D 894

[13] AIR 1978 SC 1613

[14] साहीत्तीक कार्य / साहीत्य / लिखाण / लेख

[15] (1916) 2 Ch 601.

[16] कलात्मक कार्य

[17] चित्रकला / रंगविण्याची कला /चित्रकारी

[18] शिल्पकला मूर्तिकला

[19] रेखांकन /चित्र

[20] कोरीव काम

[21] वस्तुंची विषिश्ठ पध्दतीने केलेली रचणा/ मूर्तिकला वस्तुओं के अभ्यावेदन बनाने की कला है

[22] अमूर्त वर्तुळाकार रचना

[23] मृदाशिल्पन

[24] धातुरस ओतुन तयार केलेले कास्टिंग /धातु

[25] छायाचित्र

[26] AIR 1961 Mad 114

[27] स्थापत्यकला/वास्तुकला/ वास्तुकला का काम

[28] कलात्मक कलाकुसर /कलात्मक शिल्प कौशल का काम

[29] नाटयकलाकृती /नाटकीय कार्य

[30] नृत्यदिगदर्षन / कोरियोग्राफिक

[31] नृत्यनाटय/ कोरियोग्राफी बैले कंपोज करने की कला है

[32] संगीतद्ध स्वरलिपी /नोटेशन की व्यवस्था

[33] 1996 PTC (16) 252

[34] AIR 1984 Del 379

[35] AIR 1988 Ker 291

[36] लेखाधिकार / पुनर्मृद्रणाधिकार / स्वामित्वधिकारचा कालावधी/ प्रकाशनाधिकार की अवधि

[37] लेखाधिकार / पुनर्मृद्रणाधिकार / स्वामित्वधिकार ची नोदणी /प्रकाशनाधिकार का पंजीकरण

[38] AIR 1984 Del 265

[39] लेखाधिकार / पुनर्मृद्रणाधिकार / स्वामित्वधिकाराचे हस्तांतरण व परवाना/ प्रकाशनाधिकार का असाइनमेंट और लाइसेंसिंग

[40] ‘S’. denotes for ‘section’ and ‘Ss.’ for ‘sections)

[41] दस्तैवज / करारनामा/ दस्तावेज

[42] हस्तांतरनासबंधीची काही ग्रहीतेण् /साधन साधन

[43] AIR 1992 Kant. 1

[44] 2008 (9) S.C.R 165

[45] “Infringing copy’-

(1) in relation to literary, dramatic, musical or artistic works, a reproduction thereof otherwise than in the form of a cinematograph film,

(2) in relation to a cinematograph film, a copy of the film or a record embodying the recording of any part of the sound track associated with the film,

(3) in relation to a record, any such record embodying the same recording; and

(4) in relation to a programme in which a broadcast reproduction right subsists under S. 37, a record recording the programme.

[46] S. 14. Meaning of copyright.—

“copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:—

(a) in the case of a literary, dramatic or musical work, not being a computer programme,—

(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,—

(i) to do any of the acts specified in clause (a);

(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.]

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) in the case of a cinematograph film,—

(i) to make a copy of the film including a photograph of any image forming part thereof;

(ii) to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the film to the public;

(e) in the case of a sound recording,—

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the sound recording to the public. Explanation.— For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.

[47] AIR 1978 SC 1613

[48] गरजेपुरते कौष्ल्य, श्रम व निणर्य अवश्यक, र्सजनषीलता अथवा नाव्विन्याची गरज नाही/ कड़ी मेहनत के पसीने

[49] AIR 2008 SC 809

[50] फक्त गरजेपुरते कौष्ल्य, श्रम व निणर्य एवढेच अवश्यक नाही तर र्सजनषीलता अथवा नाव्विन्य अवश्यक आहे.

[51] उचित व्यवहार निष्पक्ष व्यवहार/ निष्पक्ष व्यवहार

[52] नवशिके / हौषी लांकांचे मंडळ

[53] अधिकारीक राजपत्र / सरकारी राजपत्र में प्रकाशित

[54] न्यायालयाचा मनाई हुकूम / निषेधाज्ञा

[55] न्यायालयाचा तात्पुरत्या स्वरूपाचा मनाई हुकूम, जो पुढील अज्ञेपर्यत, तारखेपर्यत अथवा केसचे निकालापर्यत असतो./ वार्ताकारी निषेधाज्ञा

[56] AIR 1887 Del 372

[57] Interim application no. 1 of 2020 in Commercial IP suit (L) NO 195 of 2020 with leave petition no . 70 of 2020

[58] षोध आणि जप्ती अज्ञा/ खोज और जब्ती आदेश

[59] नुकसान भरपाई /क्षतिपूर्ति

[60] मिळविलेला फायदा परत करणे /मुनाफे का लेखा-जोखा

[61] मुळ स्वरूपात रूपांतरण केल्याने मिळनारा अधिकार /रूपांतरण के लिए हर्जाना

[62] स्वामित्वधिकार धारकाने कायदेषिर कारवाईची निराधार भिती दाखविलयास/ कानूनी कार्यवाही का निराधार खतरा

[63] स्वामित्वधिकार धारकास पक्षकार म्हणुन सामील करने अवश्यक आहे /सर्वाधिकार के मालिक कार्यवाही के लिए पार्टी हो

[64] (1996) 6 SCC 409