Topic 15 — Introduction to Copyright

Copyright is the oldest and most familiar branch of intellectual property law. It protects the original expressions of authors, dramatists, composers, painters, photographers, filmmakers and software developers. With the entry of digital technology, copyright has expanded its reach into computer programmes, databases, websites, video games and AI-generated content. This topic introduces the concept, traces its evolution to the present Indian Copyright Act 1957, and lays out the architecture of rights, terms, ownership, exceptions and remedies that subsequent topics will explore in detail.

1. The Concept of Copyright

‘Copyright’ — is the exclusive legal right granted by statute to the author of an original literary, dramatic, musical or artistic work, or to the producer of a cinematograph film or sound recording, to do or authorise the doing of certain acts in relation to the work — including reproduction, publication, communication to the public, translation, adaptation, broadcasting and rental.

It arises automatically on creation. Registration is not a precondition of protection (Section 45, Copyright Act 1957). Compare a patent (must be granted) or a trademark (rights derive principally from registration).
It protects the form of expression, not the underlying idea. Two authors who independently write novels on the same theme each have copyright in their respective works; neither infringes the other (R.G. Anand v. Delux Films, 1978).
It protects originality, not novelty. A work need not be the first of its kind in the world; it need only be the author's own intellectual creation, expressed with a modicum of creativity (Eastern Book Co. v. D.B. Modak, 2008).

✅ Copyright is a "bundle" of rights

Section 14 of the Copyright Act 1957 lists the bundle of exclusive rights for each category of work. The bundle differs by category — for literary works it includes reproduction, distribution, performance, communication, translation and adaptation; for sound recordings the bundle is narrower and excludes adaptation. Each right within the bundle can be assigned, licensed or enforced separately.

2. Historical Evolution of Indian Copyright Law

Year	Statute / Event	Significance
1710	Statute of Anne (UK)	First copyright statute; vested copyright in the author; 14+14 year term.
1847	Indian enactment under EIC	First copyright regulation in India; protection for life + 7 years (capped at 42 years).
1886	Berne Convention	Automatic copyright protection across member States; minimum standards.
1911	British Copyright Act 1911	Made applicable to British India; modernised the regime.
1914	Indian Copyright Act 1914	Adapted the 1911 Act for India; remained in force until 1958.
1928	India accedes to Berne Convention	Treaty obligation to provide automatic protection.
1957	Copyright Act 1957	Replaced the 1914 Act; in force from 21 January 1958. The current statute.
1958	International Copyright Order	Extends Indian copyright to foreign works under treaty.
1983–1999	Six amendments	Adjustments for satellite TV, computer programmes, performers' rights.
2012	Copyright (Amendment) Act 2012	Major overhaul: WCT/WPPT alignment; statutory licensing for radio (S. 31D); unwaivable royalty for authors of underlying works in films (S. 19(9)-(10)); strengthened performers' moral rights.
2018	India accedes to WCT and WPPT	Completes accession to all major copyright treaties.

3. Statutory Framework — A Map of the Copyright Act 1957

The Copyright Act 1957, in its present form, has 79 sections organised into 14 chapters. A working knowledge of where to find each topic is essential.

Chapter	Sections	Subject
I	1–2	Preliminary — short title, extent, definitions.
II	3–11	Copyright Office and Copyright Board (Board now reconstituted).
III	12–16	Copyright — meaning, works in which copyright subsists, fixation.
IV	17–21	Ownership — first owner, assignment, relinquishment.
V	22–29	Term of copyright in different categories of work.
VI	30–32B	Licences — voluntary, compulsory, statutory.
VII	33–36A	Copyright societies — registration and administration.
VIII	37–39A	Performers' and broadcasters' rights.
IX	40–43	International Copyright — works of foreign authors.
X	44–50A	Registration of copyright.
XI	51–53A	Infringement of copyright.
XII	54–62	Civil remedies for infringement.
XIII	63–70	Offences and criminal remedies.
XIV	71–79	Appellate Board (now Commercial Courts / High Courts post-2021).

4. Categories of Works in which Copyright Subsists — Section 13

Section 13(1), Copyright Act 1957

"Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say, — (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recordings."

The Act recognises two distinct categories of work:

A. Primary Works (Section 13(1)(a))

Literary work — Section 2(o); includes computer programmes, tables and compilations including computer databases.
Dramatic work — Section 2(h); includes any piece for recitation, choreographic work, or dumb show, but does not include cinematograph film.
Musical work — Section 2(p); music + graphical notation; does not include words intended to be sung (those fall under literary).
Artistic work — Section 2(c); paintings, sculpture, drawing, engraving, photograph, architecture, work of artistic craftsmanship.

B. Derivative Works (Section 13(1)(b) and (c))

Cinematograph film — Section 2(f); any visual recording on any medium accompanied by a sound recording, by any process analogous to cinematography.
Sound recording — Section 2(xx); recording of sounds from which sounds may be produced regardless of the medium or method of production.

✅ Why the primary/derivative distinction matters

Derivative works (films, sound recordings) draw upon and incorporate primary works (lyrics, music, scripts). Section 13(4) preserves "separate copyright" — the copyright in the underlying literary or musical work continues to subsist independently of the copyright in the film or sound recording. The 2012 amendments to Sections 17, 18 and 19 strengthened this protection, ensuring that authors of underlying works retain a non-waivable right to royalty when the derivative work is exploited.

5. The Bundle of Exclusive Rights — Section 14

Section 14 lists the rights that constitute "copyright" for each category of work. The bundle differs by category:

Right	Literary, Dramatic, Musical	Artistic	Film	Sound Recording
Reproduction	✓	✓	✓	✓
Issue of copies	✓	✓	✓	✓
Public performance	✓	—	—	—
Communication to public	✓	✓	✓	✓
Translation	✓	—	—	—
Adaptation	✓	—	—	—
Cinematograph film	✓	✓	—	—
Rental / Sale of copy	✓ (computer prog.)	—	✓	✓

Each right in the bundle is independently exercisable. The author may grant one right to one publisher and a different right to another. The translation right may be assigned for one language and retained for another. This severability is the foundation of the modern copyright industries.

6. Limitations Built into the Copyright System

Idea-expression dichotomy — copyright protects expression, not ideas (Topic 7; R.G. Anand 1978; TRIPS Article 9(2)).
Originality requirement — only original works qualify (Section 13; Eastern Book Co. v. D.B. Modak 2008).
Fixation — Indian law requires the work to be reduced to a tangible form before copyright subsists (no copyright in extempore performance unless recorded).
Limited term — copyright lapses after the statutory term, after which the work enters the public domain.
Fair dealing exceptions — Section 52 carves out specific permitted uses (research, review, criticism, news reporting, teaching, etc.).
Compulsory and statutory licensing — Sections 31, 31A, 31B, 31C and 31D allow the State to require licensing in defined circumstances.
Moral rights of original authors persist — Section 57 protects the author even after assignment.

7. Adjudicatory Framework after the Tribunals Reforms Act 2021

The Copyright Board, originally established under Sections 11-12 of the Copyright Act, has had a varied life. The Tribunals Reforms Act 2021 abolished the Intellectual Property Appellate Board (IPAB), and the Copyright Board's functions are now distributed between the Registrar of Copyrights and the High Courts. The Delhi High Court Intellectual Property Division (IPD), established in July 2022, hears the largest number of copyright cases in India.

Forum	Jurisdiction
Registrar of Copyrights	Original — registration, rectification, applications under Sections 31, 31A.
Commercial Courts	Civil suits below the High Court pecuniary limit.
High Court (IP Division / Commercial Division)	Original copyright suits above pecuniary limit; appeals from Registrar; Section 62 jurisdiction.
Supreme Court	Appeals; constitutional questions; SLPs under Article 136.

✅ Section 62 — the plaintiff-friendly jurisdiction provision

Section 62 of the Copyright Act 1957 is unique. It allows a copyright suit to be filed in the district court within whose local limits the plaintiff "actually and voluntarily resides or carries on business" — even if the cause of action arose elsewhere. This is a deviation from Section 20 of the CPC and was created to make copyright enforcement easier for authors. The Supreme Court in Indian Performing Right Society v. Sanjay Dalia (2015) clarified that this jurisdiction is in addition to, not in derogation of, Section 20 CPC.

🎯 EXAM POINTERS — TOPIC 15

Copyright Act 1957 — current statute; in force 21 January 1958.
Subject matter: Section 13 — original literary, dramatic, musical, artistic works; cinematograph films; sound recordings.
Bundle of exclusive rights: Section 14 — varies by category of work.
Section 13(4) — separate copyright in underlying works preserved.
Originality: modicum of creativity (Eastern Book Co. v. D.B. Modak 2008).
Idea-expression dichotomy (R.G. Anand 1978).
Section 45 — registration optional; copyright arises automatically on creation.
Section 62 — plaintiff-favourable jurisdiction; clarified in IPRS v. Sanjay Dalia (2015).
2012 Amendments: WCT/WPPT alignment, Section 31D radio licensing, Section 19(9)-(10) unwaivable royalty.