Copyrights Law in India
Here’s an overview of Copyright Law in India:
Copyright Law in India
Legal Framework:
Governed by the Copyright Act, 1957, as amended several times (latest significant amendment in 2012).
India is a member of:
Berne Convention
WIPO Copyright Treaty (WCT)
TRIPS Agreement
The Copyright Office under the Ministry of Commerce and Industry administers copyright registration and related matters.
Protected Works:
Copyright protects original works fixed in any tangible medium, including:
Literary works (books, articles, computer programs)
Dramatic works
Musical works, including any accompanying lyrics
Artistic works (paintings, sculptures, drawings, photographs)
Cinematographic films
Sound recordings
Architectural works
Rights Granted:
Economic rights: reproduction, distribution, public performance, broadcasting, communication to the public, translation, adaptation, and making available the work online.
Moral rights: right to claim authorship and prevent distortion, mutilation, or other derogatory treatment of the work.
Economic rights can be assigned or licensed; moral rights remain with the author.
Duration of Copyright:
For most works: life of the author plus 60 years from the beginning of the calendar year following the author’s death.
For cinematographic films, photographs, sound recordings, posthumous publications, and anonymous/pseudonymous works: 60 years from publication.
For works of corporate authorship: 60 years from publication.
Exceptions and Limitations:
Indian copyright law has detailed fair dealing exceptions for:
Private or personal use, including research, criticism, review
Reporting current events
Judicial proceedings
Education and teaching
Libraries and archives
Use by the disabled (e.g., accessible formats)
Certain statutory licenses exist for broadcasting and retransmission.
Enforcement and Remedies:
Civil remedies: injunctions, damages, accounts of profits, delivery-up of infringing copies.
Criminal penalties: fines and imprisonment for willful infringement.
Border enforcement by customs authorities.
Specialized IP cells and courts for enforcement in some jurisdictions.
Registration:
Copyright exists automatically upon creation.
Registration is not mandatory but can serve as prima facie evidence in court.
Copyright applications are processed by the Copyright Office in New Delhi, and certificates are issued for records.
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