Salient Features of the Copyright Act, 1957
1. Scope of Rights (Section 13): Under Section 13 of the Copyright Act, the scope of rights is expansive, encompassing various creative works. Literary works, which include books, manuscripts, poetry, and theses, receive protection. Similarly, musical compositions, dramatic works, artistic creations, sound recordings, and cinematograph films fall under this umbrella, highlighting the Act’s comprehensive coverage of different forms of artistic expression.
2. Ownership Provisions (Section 17): Section 17 clarifies the ownership of copyright, establishing that the original creator holds the rights unless the work is produced within the scope of employment. This provision ensures clarity in determining ownership and acknowledges the importance of recognizing individual creators for their intellectual contributions.
3. Civil and Criminal Remedies: In matters of infringement, Section 55 provides civil remedies that empower copyright holders. These remedies include seeking damages, injunctions to stop unauthorized use, account interpretation to assess financial implications, and the delivery of infringing copies. Simultaneously, Section 63 establishes criminal penalties, incorporating fines and imprisonment, creating a robust legal framework to deter and penalize copyright violations.
4. Creation of Copyright Office and Board (Section 9): Section 9 establishes essential administrative structures within the copyright framework. The Copyright Office, managed by the Registrar, facilitates the registration of works, providing creators with a formal process to assert their rights. Additionally, the Copyright Board is instituted for effective dispute resolution, ensuring a fair and impartial mechanism for resolving conflicts related to copyright.
5. Duration of Protection: The Act, as outlined in Section 2, ensures a lengthy duration of copyright protection. Copyright endures for the author’s lifetime and an additional sixty years posthumously, safeguarding the economic and moral rights of creators and their heirs.
6. Fair Dealing Provisions: Section 2 introduces fair dealing provisions, allowing specific uses without seeking permission from copyright holders. This includes activities such as research, private study, criticism, review, and reporting current events, striking a balance between protecting intellectual property and fostering the free exchange of ideas.
7. Special Provisions for Software: Acknowledging the unique nature of software, Section 2 includes specific provisions for its protection through rental or licensing arrangements. This reflects an understanding of the evolving dynamics of the digital landscape and the importance of safeguarding intellectual property in the realm of technology.
8. Rights of Broadcasting Organizations and Performers: The amendments introduced in 2012, incorporated into Section 2, underscore the Act’s adaptability to contemporary changes. These amendments specifically address the rights of broadcasting organizations and performers, recognizing the significance of protecting their contributions in an ever-evolving media and entertainment landscape. This forward-thinking approach ensures that the Act remains relevant and effective in the face of technological advancements.
Copyright Act, 1957 : Meaning, Features, Remedies and FAQs
The Copyright Act, 1957 established the legal framework for safeguarding original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings in India. The legislation imposes penalties for unauthorized reproduction, distribution, performance, display, or communication of these works and allows for fair dealing exceptions, such as criticism, commentary, news reporting, teaching, research, and private study. Additionally, it permits certain forms of derivative works, like translations, abridgments, and adaptations, fostering intellectual property growth in India and encouraging creativity and innovation. Aligned with major international treaties, including the Universal Copyright Convention, Rome Convention, Berne Convention, and TRIPS Agreement, this landmark legislation remains the cornerstone of India’s modern copyright system, ensuring proper recognition and compensation for creators.
Geeky Takeaways:
- The Copyright Act 1957 protects original dramatic, musical, literary, and artistic works, specifically sound recordings and cinematographic films, in India.
- The Act permits various forms of derivative works, such as translations, abridgments, and adaptations, contributing to the growth of intellectual property in India and fostering creativity and innovation.
- It incorporates fair dealing exceptions, allowing activities like criticism, commentary, news reporting, teaching, research, and private study without infringing on copyright.
- The legislation enforces penalties for unauthorized activities such as reproduction, distribution, performance, display, or communication of these protected works.
Table of Content
- What is Copyright?
- Salient Features of the Copyright Act, 1957
- Subject Matter of Copyright
- Rights of the Copyright Holder
- What are Infringement Remedies under Copyright Act, 1957?
- Exceptions to Copyright Infringement
- Conclusion
- Copyright Act, 1957- FAQs