Concise Overview of Copyright and Indian Position
Meaning of Copyright:
Copyright is the exclusive right acquired by an individual over their intellectual work. Its purpose is to protect the creator’s labour, skill, and effort from unauthorized use by others.
Indian Copyright Law :
The governing law in India is the Copyright Act, 1957, effective from January 1958, replacing the Copyright Act of 1914, which extended the British Copyright Act, 1911 to India. The 1957 Act has been amended five times (1983, 1984, 1992, 1994, 1999).
Definition of Copyright (Section 14) :
Copyright grants exclusive rights to perform specific acts concerning a work or its substantial part :
- Literary, Dramatic, or Musical Work (excluding computer programs) :
- Reproduction, public performance, communication, translation, adaptation, etc.
- Computer Programs :
- Acts similar to the above, with conditions for commercial rentals.
- Artistic Works :
- Reproduction, communication, adaptation, and use in cinematograph films.
- Cinematograph Films :
- Copying, selling, hiring, or communicating the film to the public.
- Sound Recordings :
- Making additional recordings, selling, hiring, or communicating to the public.
Idea-Expression Dichotomy :
This principle distinguishes between protecting the expression of an idea (copyrightable) and the idea itself (not copyrightable). Courts recognize that multiple individuals may conceive the same idea but can only claim copyright over their unique expression of it. This doctrine allows diverse expressions of the same idea to coexist.