In today’s world, new innovations and creations emerge daily to help human life or make it smoother. The Copyright Act, 1957 is a law protecting literary, dramatic, or musical works, artists, cinematography, films, and sound records. This process was first seen in 1662 during the British Empire in the form of the Licensing of the Press Act 1662. Today, there are many new creations and unique publications. To identify the actual owner of a particular creation, the Copyright Act, 1957 comes into play. This paper discusses the copyright act, 1957, including its introduction, history, administration, types, and remedies.
Human creativity, thinking, and observation drive us to discover and innovate. Intellectual property, including patents, trademarks, copyrights, and some confidential information, plays a crucial role in the development of a country. Copyright protection starts from the formation or first publication of any new work or creation. This study aims to discuss copyright law comprehensively.
During the British Empire in 1662, the Licensing of the Press Act was passed by the British Parliament, spreading the use of printing presses worldwide. Similar laws were made in other countries to protect creators and businessmen, initially only within their own countries but later accepted worldwide. In India, the first copyright law was the India Copyright Act, 1914, modeled after the English Copyright Act, 1911. Post-independence, the need for a comprehensive law led to the enactment of the Copyright Act, 1957, which has been amended several times to accommodate new needs.
India’s first copyright law was passed in 1847 under the East India Company, offering copyright protection for 42 years or the author's lifetime plus seven years. The British influence led to the establishment of the Copyright Act of 1914, which extended copyright protection to all literary and artistic creations, replicating the 1911 English law.
The Copyright Act of 1957 replaced the 1911 law, introducing significant changes and establishing a copyright office under the Registrar of Copyrights. The act also led to the formation of a copyright board to resolve copyright issues and grant licenses for unpublished works.
The first licensing law was enacted in 1661, followed by the 1662 Licensing Act, which empowered the company to take action against rights infringement and allowed searches for unauthorized books. However, this act was eventually revoked in 1681.
Certain actions do not constitute copyright infringement under the Copyright Act of 1957. The term "fair dealing" is used to describe these exceptions, though it is not defined in the act itself. Courts have discussed fair dealing in several cases, such as Academy of General Education v. B. Malini Mallya (2009) and Civic Chandran v. Ammini Amma.
Under the Copyright Act of 1957, the original owner of a work's copyright is typically the author, unless created during employment under a "contract of service," in which case the employer is the first owner. The act also recognizes joint authorship for collaborative works.
The Copyright Office, established under Section 9 of the Copyright Act, 1957, is controlled by the registrar appointed by the central government and situated in New Delhi. The registrar works under the central government's guidance and supervision.
The Copyright Board, constituted under Section 11 of the act, includes a chairman and 2 to 12 members appointed by the central government. The board handles disputes related to copyright assignments, grants compulsory licenses, and determines royalties.
Section 33 of the act allows authors and copyright owners to form societies for copyright management. These societies must be registered and can grant licenses and handle copyright-related matters.
Economic rights involve the sale or transfer of copyrights for monetary purposes.
Moral rights can be sold for economic purposes, but the original owner retains their rights and recognition.
Criminal remedies for copyright violations, defined under Sections 63 to 69 of the act, include imprisonment and fines. First-time offenders face six months to three years of imprisonment and fines from ₹50,000 to ₹200,000. Subsequent convictions lead to harsher penalties.
Civil remedies, defined under Sections 54 to 62 of the act, include interlocutory and Mareva injunctions.
Administrative measures allow the registrar of copyrights to ban the importation of infringing copies and demand the delivery of confiscated copies to the copyright owner.
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