What do you mean by copyright within the meaning of Copyright Act,1957?

 Here is a point-wise explanation of “Copyright” within the meaning of the Copyright Act, 1957 (India).

📘 Copyright Under the Copyright Act, 1957: A Point-wise Explanation

1. Meaning of Copyright

• Copyright is a form of intellectual property that protects the original expression of ideas.

• It gives the creator exclusive rights over the use of their original work for a certain period.

• It does not protect ideas themselves, but the expression of those ideas in a tangible form.

2. Legal Definition [Section 14]

• According to Section 14 of the Copyright Act, 1957, “copyright” means the exclusive right subject to the provisions of the Act, to do or authorize the doing of certain acts concerning a work.

3. Types of Work Covered

• The Act recognizes copyright in the following categories:

  • Literary works (e.g., novels, books, computer programs)

  • Dramatic works (e.g., scripts, plays)

  • Musical works (e.g., song compositions)

  • Artistic works (e.g., paintings, photographs)

  • Cinematograph films

  • Sound recordings

4. Rights Granted to the Author

• Reproduction right: Right to make copies of the work.

• Distribution right: Right to sell or distribute copies.

• Public performance right: Right to perform or communicate the work publicly.

• Adaptation right: Right to create derivatives or adaptations.

• Translation right: Right to translate the work into different languages.

5. Duration of Copyright

• Literary, dramatic, musical, and artistic works: Lifetime of the author + 60 years.

• Cinematograph films and sound recordings: 60 years from the year of publication.

• Government works, public undertakings, international organizations: 60 years from publication.

6. Who Can Own Copyright?

• The original creator (author, artist, musician).

• An employer, in cases of work done during employment.

• In film and music, the producer is typically the copyright owner.

• It can be transferred or assigned to others through legal agreements.

7. Infringement of Copyright

• Occurs when someone uses a copyrighted work without permission, such as:

  • Copying and distributing a book or song

  • Uploading films or music without consent

  • Plagiarism in digital content or artistic works

8. Remedies for Infringement

• Civil remedies: Injunctions, damages, account of profits.

• Criminal remedies: Imprisonment up to 3 years, fine up to ₹2,00,000.

• Administrative remedies: Seizure or forfeiture of infringing copies.

9. Exceptions (Fair Use Doctrine)

• Certain uses are permitted without permission under fair dealing, such as:

  • Private or personal use

  • Criticism or review

  • Reporting of current events

  • Research or education

10. Registration is Not Mandatory

• Copyright exists automatically upon creation and fixation of the work.

• Registration is optional, but it acts as prima facie evidence in court.

11. Moral Rights of the Author

• Even if copyright is assigned, authors retain:

  • Right to claim authorship

  • Right to restrain distortion or mutilation of their work

12. Digital Era Challenges

• Unauthorized copying and sharing of digital content has increased infringement.

• The Act has been amended (notably in 2012) to protect digital and internet-based works.

13. International Protection

• India is a signatory to Berne Convention, WIPO, and TRIPS, which ensures copyright protection internationally for Indian works.

14. Important Case Laws

• Eastern Book Company v. D.B. Modak (2008): Recognized originality in headnotes written for law reports.

• Academy of General Education v. Malini Mallya (2009): Clarified the scope of moral rights.

15. Objective of the Act

• To incentivize creativity, promote the arts, literature, and culture by protecting creators’ rights while balancing the public interest.

✅ Conclusion

Copyright under the Copyright Act, 1957 is a dynamic legal right that helps safeguard creative works, ensuring creators benefit from their labor while also balancing the needs of society through fair use and limited durations.