Copyright is an intellectual property right that protects original literary, dramatic, musical, and artistic works. In India, copyright is governed by the Copyright Act 1957, with significant amendments in 2012 addressing digital content and internet issues. Copyright protection is automatic upon creation — registration is optional but useful as evidence.
Works Protected by Copyright
| Category | Examples |
|---|---|
| Literary Works | Books, articles, poems, computer programs, databases, websites content |
| Dramatic Works | Scripts, screenplays, choreography |
| Musical Works | Musical compositions (separate from sound recording) |
| Artistic Works | Paintings, drawings, photographs, sculptures, architectural works, logos |
| Cinematograph Films | Movies, web series, documentaries, including sound track |
| Sound Recordings | Recorded music (separate copyright from musical work) |
Copyright Term of Protection
| Work Type | Duration |
|---|---|
| Literary/Dramatic/Musical/Artistic works | Lifetime of author + 60 years |
| Posthumous works | 60 years from publication |
| Anonymous/Pseudonymous works | 60 years from publication |
| Cinematograph films | 60 years from publication |
| Sound recordings | 60 years from publication |
| Government works | 60 years from publication |
Software Copyright Protection
Computer programs are protected as "literary works" under Section 2(o) of the Copyright Act 1957. Key points:
- Source code and object code are protected
- Protection arises automatically upon writing the code
- Copyright protects the expression (code) not the idea/algorithm (which may need patent protection)
- Databases and compiled data may also enjoy copyright protection if there is originality in selection/arrangement
- APIs: Debated — the US Google v. Oracle case held APIs copyrightable but with fair use defense
Copyright Registration Process
Registration with the Copyright Office (under DPIIT) is voluntary but creates a public record and serves as prima facie evidence:
- Apply online at copyright.gov.in or physically with Form XIV
- Pay prescribed fees (Rs.500 for literary, dramatic, musical, artistic; Rs.5,000 for film/sound recording)
- Submit 2 copies of the work (or samples)
- Mandatory waiting period: 30 days (for objections)
- If no objection: registration diary number issued; registration certificate follows
Author's Moral Rights (Section 57)
Moral rights are personal rights of the author that exist even after assignment of copyright:
- Right of Paternity: Right to claim authorship of the work
- Right of Integrity: Right to prevent distortion, mutilation, or modification that prejudices the author's honor or reputation
- Moral rights survive even after assignment of copyright (unlike economic rights)
- Films: Director and lyricist retain moral rights in their contributions
Permitted Uses / Fair Dealing (Section 52)
The Copyright Act provides certain exceptions (similar to fair use in the US):
- Private or personal use, including research
- Criticism or review of the work or other works
- Reporting current events
- Educational use (not for commercial purposes)
- Judicial proceedings
- Making backup copies of software (for lawful owner)
- Libraries: preservation copies of fragile items
Copyright in the Digital Age (2012 Amendments)
Key 2012 amendments addressing digital issues:
- Clarification that copyright covers works in digital/electronic formats
- Intermediary liability: online platforms protected if they comply with takedown notices (similar to DMCA safe harbor)
- Performers' rights strengthened for digital broadcasts
- Statutory license for cover versions (Section 31C)
- Statutory license for radio/TV broadcasts (Section 31D)
- Anti-circumvention: protection for digital rights management (DRM) systems
Infringement Remedies
| Remedy Type | Details |
|---|---|
| Civil — Injunction | Interim and permanent injunction against infringement |
| Civil — Damages | Damages or account of profits at plaintiff's election |
| Criminal | Imprisonment 6 months to 3 years + fine Rs.50,000 to Rs.2 lakh (second offence doubled) |
| Customs | Recordation with customs to seize infringing imports |
Copyright Societies: India has several copyright collecting societies: IPRS (Indian Performing Right Society) for musical works, PPL (Phonographic Performance Limited) for sound recordings, IRRO (Indian Reprographic Rights Organisation) for reprographic rights. These societies collect and distribute royalties for public performances and broadcasts.