Copyright act in India

by Bizopedia · Published February 17, 2021 · Updated December 24, 2021

What is a copyright act or copyright law?

Copyright law in India is governed by the Copyright Act, 1957, which has been amended six times, with the last amendment in 2012. This act has been applicable since 21st January, 1958. The copyright act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Copyright act is a comprehensive statute that provides rights for copyright, moral right and neighboring rights.

The Copyright rules, 2013 which came into effect on 14th March,2013 provides for the procedure to be adopted for different copyright related activities like relinquishment of copyright, compulsory licenses, statutory licenses, voluntary licenses, registration of copyright societies etc.

Sections in copyright act

Following sections are included in copyright act 1957-

Sections
Chapter	Particulars
1	Preliminary
2	Copyright Office And Copyright Board
3	Copyright
4	Ownership of Copyright and the Rights of the Owner
5	Term of Copyright
6	Licenses
7	Copyright Societies
8	Rights of Broadcasting Organization and of Performers
9	International Copyright
10	Registration of Copyright
11	Registration of Copyright
12	Civil Remedies
13	Offences
14	Appeals

Rules in copyright act

Following rules are included in copyright act-

Rules
Chapter	Particulars
1	Preliminary
2	The Copyright Board
3	Relinquishment of Copyright
4	Licenses for Translations
4A	Compulsory License for Publication of Unpublished Works, Translation and Reproduction of Work
5	Performing Rights Societies
6	Registration of Copyright
7	Making of Records
8	Miscellaneous

Enforcement authorities under copyright act

Copyright acts can be enforced in civil as well as criminal courts. Infringement of a copyright is one of the major offences under the copyright act and can attract punishment up to 3 years or a monetary fine of 2 lakhs Rupees. The copyright board formed under copyright act provides an alternative medium to resolve disputes related to copyrights such as payments of royalties.

Online regulation under copyright act

Recent amendments to copyright act have led to major protection under digital piracy. Any individual who uses digital medium for infringement of others copyright is liable for punishment under law.

Centralized agency under copyright act

There are two centralized copyright agencies in India – the copyright office and the copyright board. the copyright board doesn’t have jurisdiction over civil copyright litigation. The main function of the Copyright Office is to maintain the Register of Copyrights. The copyright office is headed by the registrar of copyrights.

Protectable work under act

Following types of work are protected under act-

Literary
Dramatic
Musical
Artistic
Sound recordings
Cinematographic work

Rights covered under act

Following rights have been covered under copyright law-

Exclusive right to reproduce original literary, dramatic or musical work
Right to selling or giving on hire, or offering for sale or hire for commercial rental any copy of the computer program.
To reproduce the artistic work in any material form
To make the copies of a cinematographic film or photos
To make any sound recording and offer it for commercial purpose

Architectural works under copyright law

Architectural works are protected as a form of artistic work.

Moral rights

Following moral rights are covered under copyright law-

The right to claim authorship of the work (paternity right); and
The right to claim damages in respect of any distortion, mutilation, modification or other acts
The right to claim as performer for a artistic work
The right to claim damages in case of a loss to reputation of an artist due to infringement.

Copyright registration

The registration of a copyright is not mandatory in India. Registration of a copyright is merely considered as recording of facts. However, it is always advisable to consider copyright registration as it offers certain advantages to a copyright holder such as-

Prevention of monetary loss
Legal protection under the law is provided to a registered copyright
It dissuades others from making unauthorized use of your work.
Copyright registration creates enough headroom for incentive to create

There are 3 main steps involved in registration of a copyright in India. These are-

Filing of copyright application
Inspection of trademark application
Registration of copyright

Fees for copyright registration

For an application for registration of Copyright in a Cinematograph Film (Section 45)	Rs. 5,000/- per work
For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)	Rs. 2,000/- per work
For an application for registration of copyright in a Sound Recording (Section 45)	Rs. 2,000/- per work
For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)	Rs. 1,000/- per work
Literary, Dramatic, Musical or Artistic work	Rs. 500/- per work