COPYRIGHT ACT,1957.

I want to protect myself and my property from any harm that may be caused to me. This harm is not limited to physical damage, but also extends to my work, my creation, or anything else that is the result of skill, effort, and labor. Copyright comes under intellectual property rights; Intellectual property is classified into different types of assets, such as copyrights, trademarks, patents, industrial designs, plant varieties and geographical indications. Copyright is a right granted on intellectual creations. It is an exclusive right granted by law to print, publish and sell copies of an original work for a fixed period of time.
The Copyright Act, 1957, governs the law relating to copyright in India. The major goals of this copyright law are two fold: first, to guarantee authors, musicians, illustrators, designers, and other creative individuals the right to their creative interpretation; And the second is to enable others to openly build on the concepts and knowledge provided by a work.
In simple words, Intellectual property give rights of intangible property which is non-physical and derives from ideas and skills and talent. IPR is made to protect their rights and the infringement. Now we will try to understand the entire concept of copyright act ,1957 under ( IPR) in simple language.

2. What is copyright ?

The legal right of the owner of intellectual property. its a product of human skill & his mental capacity to do something creative. According to WIPO ( world intellectual property organisation); Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

3. What is the scope of protection in the Copyright Act,1957 ?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.

4. What is included in copyright ?

If your business produces any of the following, is 'fixed' such as written or recorded, they will automatically be protected by copyright:

Literary works, including books, webpages, instruction manuals and computer programs,

Artistic works including technical drawings, photographs, diagrams and maps,

Dramatic and musical works, ranging from musicals to songs,

Movies, videos, Sound recording , broadcast, including cable and satellite,

Database, whether paper or electronic, Printing arrangement or layout of publications,

"Copyright covers every something in between in which the work appears exists, including the Internet ".

Unlike most other intellectual property rights, copyright does not require registration. Once your work is 'fixed' it's create an automatic right.

5. What is not included in copyright?

Names, titles, slogans or phrases – you can register these as trade marks.

Ideas – See how to protect new product ideas; this can be registered as patent.

Products or industrial processes – you can protect these as patents or designs.

6. Historical evolution and development of copyright:-

Copyright (or author's right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films to computer programs, databases, advertisements, maps and technical drawings.

6.1. Evolution of copyright law in the UK {1440- 1557}:-

The history of copyright protection began to emerge with the invention of the printing machine which made it possible to copy literary works by a mechanical process. The printing press was invented by Johannes Gutenberg in Germany around 1440.

In 1483, Gutenberg's invention reached England and the then monarch, King Richard III, lifted the ban on the import of manuscripts and books. As a result, writers started sending their books to England for printing. They received royal license and due to the spread of books, England soon became the center of printing throughout Europe.

In 1516, the Stationery Guild was formed as a company. Members of the company had the exclusive right to reprint works in perpetuity in the name of other members of the company, who had the sole right to publish the work. Registered members had the right to both print and publish books.

In 1529, King Henry VII instituted a system of privileges, thus making the printing business a monopoly of the monarchy. During this time all those who had previously been involved in writing manuscripts and making copies came together to form the Stationers' Guild.

In 1533, King Henry banned the import of books and stationery under the pretext of preventing the growth and development of England's publishers and printers.

In 1557, the Stationers' Company received a royal charter and was given the privilege of regulating the book trade. The company was necessary for three reasons-

Protect business quality
Reduce unprofessional practices
Limit competition

6.2. Licensing Act ,{1961- 1981}:-

The first Licensing Act was passed in 1661. The right of the members of the stationery company to publish was later called copyright. However, members did not have the status of owner of the book they published. This right was given to them as part of a commercial deal.
The Licensing Act of 1662 gave the Company the right to take action against violations of its rights. A register of licensed books was maintained, and certain nominated members were empowered to search and seize unlicensed books. This was the first action to stop piracy.
However, the Licensing Act could not stand the test of time. As the system became weaker over time, restrictions on unlicensed printing were lifted; As a result, independent printers entered the market. The Licensing Act could not distinguish between mechanical and intellectual theft. It was finally repealed in 1681.

6.3. Statute of anne {1710 }:-

It came into effect on 10 April 1710. This Act brought about a paradigm shift in the copyright world. It recognized the rights of the author on the published work. It was called the world's first copyright law. The purpose of the Act was two fold:-
Encourage learning;
Providing protection to the author from piracy.
Main rules of the Act:-

The author of a book not yet printed will have the sole right of printing for 14 years and if he is alive even after 14 years, he will have the right of printing for additional 14 years.
The infringer shall forfeit any infringing books found in his custody and shall pay one half of the fine to the Crown and the other half to the plaintiff.
No book shall be purchased for infringing unless the title of the book has been entered in the 'Register Book' of the Stationer's Company before its publication.

6.4. Copyright Act,1911:-

Before the 1911 Act, books and literary works were protected under the Statute of Anne and other arts such as music, paintings or photographs were protected under legislation such as the Engravings Copyright Act 1734 and the Fine Arts Copyright Act 1862.
The Act of 1911 consolidated all the Acts into one and brought into force the Berne Convention. The salient features of this Act are:

To extend the term of copyright to life and 50 years.

Unpublished work is also entitled to protection.
Previous registration in the 'Register of Stationers' is not required to obtain protection under the Act.
Summary remedies in infringement suits.
All types of arts like literature, painting, music, photography etc. will be included in this Act.

6.5. Development of copyright law in India:-

6.5.1. Pre-independence copyright law in India:-

India's copyright law was enacted by the British colony and like most acts of that time; This was a copy of English law.
India's first Copyright Act was enacted in 1847 during the reign of the East India Company. According to the Act, the duration of copyright was either the lifetime of the author plus 7 years or 42 years. The government had the power to grant a publishing license after the death of the author if the copyright owner refused permission. All lawsuits and infringements related to copyright came under the jurisdiction of the highest local civil court. This act was replaced by the Copyright Act of 1914.

The 1914 Act was the first 'modern' copyright law in India. It was the first law to include all works of art and literature within the scope of copyright. It was a replica of the English law of 1911. This was done by the British to ease the passage of literature on the colonial subcontinent.

6.5.2. Post-independence copyright law in India:-

The Copyright Act, 1957 came into force on 21 January 1958, replacing the Copyright Act, 1911. The Act, apart from changing the copyright law, has also announced important changes such as provisions for setting up Copyright Office under the Registrar of Copyright control for registration of books and other artefacts. It has also set up a Copyright Board to deal with disputes related to copyright.

After discussing some history of Copyright Law, let us understand the development of Copyright in India; before the Act, 1957, Copyright protection was regulated by the Copyright Act, 1914, which was the addition of the British Copyright Act, 1911. The Act changes after 1957 in 1983, 1984, 1992, 1994, & 1999. In 2012, both Indian Parliament houses generally passed the Copyright 2012.

Following are some of the amendments made in the Copyright Law (Amendment) Act, 2012, classified as significant:-

World Performances and Phonograms Treaty (WPPT) and World Copyright Treaty (WCT) regarding amendment of rights;
Reform of copyright board and other minor amendments .
Amendments providing Access to Works.
Author-friendly modifications and amendment on assignment and license modes .
Amendments to Rights in Cinematograph Films, Artistic Works, and Sound Recordings.
Strengthening Enforcement & Protecting against Internet Piracy.

7. Purpose/ objective of copyright:-

Its main objective is to encourage the authors, music composers, singers to create their original piece of works by granting them exclusive rights.

To stop the misuse of copyrights.
It's helps in protecting the rights of the person who holds the copyright.
The copyright holder is give both the civil remedies and the criminal remedies in case of infringement
Further it provides methods of acquiring the copyrights. the copyright protection is given for a Longer period of time.

8. Importance of copyright:-

It is important to recognize copyright in order to prevent other people from trying to copy the original idea. Authors of art, music, video and literature may sell and get paid for their hard work without having it pirated or used by others.

''Understanding the salient features of the Copyright Act ,1957 is key to ensuring the protection and appropriate use of creative works in India ".

9. What are the Salient Features of Copyright Act ,1957 in India:-

The Copyright Act of 1957, amended multiple times with the most recent amendment in 2012, governs law in India. Here are some of the main features:

9.1. Works Protected by copyright:-

The Act protects original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. This extends to cover books, music, paintings, photographs, movies, and software.

9. 2. Automatic Protection:-

Copyright protection is automatic and begins as soon as the work is created and fixed in a tangible medium. No registration or publication is required, though registration can serve as “prima facie” evidence in a court if a dispute arises.

9.3. Transfer of Rights:-

The Act provides provisions for the assignment and licensing of copyright.
The rights can be transferred by way of an assignment, license, or testamentary disposition.

9.4. Term of Protection:-

The Act provides protection for the lifetime of the author plus sixty years following their death. For photographs, cinematograph films , posthumous works, anonymous works, and pseudonymous works, the term of copyright is sixty years from the year following the work’s publication.

9.5. Infringement and Penalties:-

The Act outlines what constitutes infringement and lays down penalties and remedies for the same, which can include injunctions, damages, and account of profits.

9.6. Fair Dealing:-

The Act allows for fair dealing of the copyrighted work for private use, criticism, review, research, and reporting of current events.

9.7. Special Provisions for Software:-

The Act provides special provisions for the protection of software, which can be rented or licensed.

9.8. Rights of Broadcasting Organizations and Performers:-

The 2012 amendments also included provisions to protect the rights of broadcasting organizations and performers.

10. Subject Matter of Copyright:

Protected Works and Their Categories :-

The subject matter of copyright encompasses a range of creative works known as protected works. As defined in Section 13 of the Copyright Act 1957, these include original musical works, literary works, dramatic works, cinematographic films, artistic works, and sound recordings.

10.1. Original Literary Work:-

An original literary work, as defined in the copyright statute, encompasses a wide range of creative written expressions. It includes novels, poems, plays, essays, articles, short stories, speeches, computer programs, databases, and other literary compositions.
For a work to qualify for copyright protection, it must be an original creation that showcases the author’s intellectual effort and not just a copy of pre-existing material. The person who creates a literary work is typically known as the author.
Copyright protection extends to both published and unpublished literary works, granting the author exclusive control over their original literary creations.

10.2. Original Dramatic Work:-

An original dramatic work encompasses various forms, including recitation pieces, choreographic works, and entertainment expressed through physical gestures without speech.
It involves fixed expressions of the scenic arrangement and acting, whether in written form or other mediums, excluding cinematograph films. The terms “literary” and “dramatic” often go hand in hand, with the principles applicable to literary works extending to dramatic works as well. The author of a dramatic work is the individual responsible for creating and authoring the work, shaping its characters, plot, and dialogue.

10.3. Original Musical Work:-

A musical work consists of music and may include graphical notations. However, it does not include works intended to be sung, spoken, or performed with the music.
In the 2012 Amendment, statutory licenses were introduced for cover versions, allowing for certain adaptations of existing musical works.
It’s important to note that a song typically comprises both literary and musical elements, with the lyrics protected as a literary work and the accompanying music considered a musical work.
These distinct rights may be owned by different individuals, with authorship varying accordingly.

10.4. Original Artistic Work:-

The Copyright Act defines an original artistic work to include a range of creative expressions. This includes paintings, sculptures, drawings, diagrams, maps, charts, plans, engravings, and photographs.
The artistic quality of the work is not a prerequisite for copyright protection.
Additionally, architectural works and works of artistic craftsmanship fall within the scope of original artistic works. The authorship of an artistic work, excluding photographs, lies with the artist who created it.
In the realm of photography, the person who captures the image is generally acknowledged as the author. Notably, there have been discussions regarding the copyright eligibility of a selfie taken by a monkey, with courts emphasising that intellectual property rights pertain only to the creative works of humans.

10.5. Cinematography Films:-

Cinematography films refer to visual recordings that capture moving images and may also include accompanying sound recordings. The term “cinematograph” encompasses works created through processes similar to cinematography, including video films.
In the field of cinematography, the producer of a film is credited with authorship and bears the creative and financial responsibility for its production. The producer oversees the production process and ensures the artistic and technical elements come together to create a cohesive audiovisual work.

10.6. Sound Recordings:-

A sound recording refers to a recorded representation of sounds that can be reproduced, regardless of the medium or method used for recording. It encompasses the capture of sounds that can be played back, such as music, vocals, or other audio elements. Within the scope of copyright, the individual accountable for the recording process is generally regarded as the author of a sound recording.

11. Nature of Copyright :-

The principle behind it is that the individual who conceived or produced a piece is its rightful owner. This copyright ownership justifies the property rights associated with the work.

The owner of a copyrighted work has two options for dealing with their property: they can either sell their rights outright (known as assignment) or grant licenses for specific uses. Copyright encompasses a set of exclusive rights.

These rights grant the owner the power to prevent others from copying their creation or engaging in other activities that, according to copyright law, are only allowed to be carried out by the owner. These exclusive rights have a limited duration.

In contrast to physical property, which can survive as long as the thing it is tied to, copyright is only valid for a limited time. When this period has passed, the work becomes part of the “public domain.” In essence, it becomes a part of the general public’s communal property and is open to everyone’s unrestricted usage.

Therefore, it is in the public interest to award exclusive rights to copyrighted works for a brief period of time. It strikes a balance between incentivizing creators to produce new works by granting them temporary control over their creations and eventually making these works available for the benefit and unrestricted use by the wider public.

12. Exploring the Scope of Copyright:-

Copyright law serves as a fundamental principle that prevents the unauthorised use or exploitation of someone else’s creative work, recognising the labor, skill, and investment involved in its creation.
Its primary purpose is to protect authors and creators from the unlawful reproduction or exploitation of their works by others. Entrepreneurs such as publishers or cinematograph film producers, who are assigned or licensed specific rights by the copyright owner, rely on this protection to recover their investments and earn profits.In ancient times, copyright became significant with the invention of the printing press, enabling larger-scale reproduction of books.
Copyright is a statutory creation, meaning that only those rights provided by the copyright act can be claimed by an individual.
However, the scope of copyright extends beyond traditional forms of creative expression, as seen in the case of Akuate Internet Services Pvt Ltd vs. Star India Pvt Ltd (2013).This landmark case introduced the “hot news” doctrine and shed light on the responsibility of filing lawsuits to prevent unauthorised publication or sharing of match information.
Copyright grants authors a negative right, safeguarding their original works from unauthorised reproduction or exploitation.
This right also extends to preventing others from exercising any other form of right attached to copyright without proper authorization.

For example, in the case of a literary work, the scope of copyright also covers the creation of a dramatic or cinematographic adaptation based on the original material.

13. Registration process of copyright under Copyright act 1957:-

Copyright registration in India is a very important process for those who wish to protect their creative works from being used without their consent. By registering a work with the Indian Copyright Office, creators can legally defend their rights if anyone tries to use their content without permission.
This article will walk you through the process of copyright registration in India.

13.1. Who Can Register a Work under Copyright act 1957 :-

Not everyone can claim copyright for their work. Let’s explore who has the legal entitlement to obtain copyright protection:-

13.1.1. The Author:

The author is the individual who actually created the work. If the work was created during the scope of employment, the employer is considered the author in a scenario known as ‘work made for hire.’ In this case, the employer holds the copyright.

13.1.2. The Owner of Exclusive Rights:

Copyright law provides individuals with the exclusive authority to manage, utilise, and distribute an original piece of work.

These rights encompass reproducing or making copies of the work, distributing copies, publicly displaying the work, performing the work, and creating derivatives. The person possessing these exclusive rights can apply to register their claim to the work.

13.1.3. The Copyright Claimant:

The copyright claimant could be either the author or a person/organization that has acquired ownership rights from the author through a written contract or a will.

13.1.4. The Authorized Agent:

This refers to any person authorized to act on behalf of the author, copyright claimant, or owner of an exclusive right.

It’s important to note that there is no age restriction for obtaining copyright protection. Minors are also entitled to register a copyright because copyright law acknowledges creativity without age limitations. Additionally, if a work is created by multiple individuals, they are considered co-owners by default unless they have established a different agreement among themselves.

13. 2. Documents required for Copyright Registration :-

Before we discuss about the registration process under the Indian Copyright Act of 1957, it’s essential to understand the necessary documents needed for a seamless registration. While specific requirements may vary based on the type of work, the fundamental documents include:-

13.2.1. Copies of the Work:-

If the work is published, provide 3 copies. For unpublished works, submit 2 copies of the manuscripts.

13.2.2. Power of Attorney or Vakalatnama:-

If an attorney is filing the application, include a special power of attorney or vakalatnama signed by both the attorney and the party.

13.2.3. Authorization for Non-Applicant Work:-

If the work isn’t created by the applicant, include authorization documents.

13.2.4. Work Details:-

Specify the title and language of the work.

13.2.5. Applicant Information:-

Include the name, address, nationality, mobile number, and email address of the applicant.

13.2.6. Author Information:-

If the applicant isn’t the author, provide basic details about the author, including name, address, nationality, and, if deceased, the date of death.

13.2.7. No-Objection Certificates (NOCs):-

If the work will be used on a product, obtain an NOC from the trademark office. If the applicant isn’t the author, secure an NOC from the author. Authorization from the author may also be necessary.

13.2.8. Model Release (for Photos):-

If a person’s photo appears in the work, obtain an NOC from that individual.

13.2.9. Publisher’s NOC (if applicable):-

If the publisher is not the applicant, provide an NOC from the publisher.

13.2.10. Publication Information:-

For published works, specify the year and address of the first publication. Include details about subsequent publications, including the year and country.

13.2.11. Software Copyright (if applicable):-

When applying for copyright for software, it is necessary to include both the source code and object code.
These documents are crucial for a smooth copyright registration process under the Indian Copyright Act, 1957.

14. How to Obtain Copyright Registration in India under Copyright act 1957, Step -by- Step:-

To secure copyright, follow these copyright registration procedure statuses:-

Step 1: Filing a Copyright Application for Registration:-

You can file a copyright application online or offline mode , making copyright protection accessible to all.

(A ) Procedure for Copyright Registration Online :-

To register as a user, start by visiting the copyright portal and providing your basic information to create a user profile.

Form Submission: Complete Form XIV for copyright registration, attaching the required documents and prescribed fees. Upon submission, you’ll receive a Diary Number. Following this, you’ll need to send physical copies of your work to the copyright office.

Offline Registration Procedure

(B) Procedure for Copyright Registration offline ,

For offline copyright registration user registration is not required. Instead, follow these steps:

Document Submission: Submit the relevant documents, Form XIV, and a statement of particulars in a physical format to the registry. Include a demand draft (DD) for the prescribed fee. This can be done by visiting the copyright office or sending the documents via registered or speed post.

Work Submission: Alongside the documents, send a copy of your work to the copyright office.

Step 2: Assessment of the Application :-

Upon submitting your work in Step 1, all applications undergo a mandatory 30-day waiting period, during which objections can be raised.

If a Third Party Objects :- In the event of a third-party objection, a notice of hearing is sent out, where both parties have the opportunity to present their arguments, and a decision is reached based on the submissions.

If No Objection is Raised:- The officer assigned to your application scrutinises all documents and the creative work. There are two possible outcomes:

If discrepancies are found, a letter of discrepancy is issued. You must respond to this letter, and a hearing may be conducted. If you resolve the issues during the hearing, your application proceeds.

If no discrepancies are found, the application advances to the next stage.

Step 3: Registration:-

Once any objections are resolved, the copyright officer issues a certificate of registration. The duration of the entire copyright registration process depends on the copyright office’s decision. However, if no discrepancies are found, the certificate is typically issued within four to five months.

15. Concept of Copyright Infringement:-

Unauthorized use of a work protected by copyright is copyright infringement. Thus, it is the unauthorized use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

When copyright is violated is specified in Section 51 of the Copyright Act. Section 51 of the Act states that a copyright violation occurs if:- Any act that only the copyright holder is authorized to perform is carried out by a person without the copyright holder’s consent.

Unless he was unaware or had no cause to suspect that such consent would result in a breach of copyright, a person permits the use of the location for communication, selling, distribution, or exhibition of an infringing work.

Someone brings in pirated copies of a work.

Without the copyright holder’s permission, someone reproduces his work.

Examples of Copyright Infringement:-

Illegally downloading music files,

Uploading someone else’s copyrighted material to an accessible web page.

Downloading licensed software from an unauthorized site , Modifying and reproducing someone else’s creative work without making significant changes.

Recording a movie in a theater, Distributing a recording of a TV show or radio broadcast.

Including someone else’s photographs on a website without permission, Publishing or posting a video with a copyrighted song to a company website , Selling merchandise that includes copyrighted images, text or logos.

16. What remedies are available against a copyright infringer?

The remedies provided by the Copyright Act 1957 against infringement of copyright are:

16.1. Civil remedies: –

These provide for injunctions, damages, rendition of accounts, delivery and destruction of infringing copies and damages for conversion, u/s 57 of copyright act , 1957.

16.2. Criminal remedies :–

These provide for imprisonment, fines, seizure of infringing copies and delivery of infringing copies to the owner; u/s 63 of copyright act ,1957.

16.3. Border enforcement: –

The act also provides for the prohibition of import and destruction of imported goods that infringe the copyright of a person with the assistance of the customs authorities of India.

16.4. Administrative remedies:-

Administrative remedies consist of moving the Registrar of copyrights to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.

17. Duration of copyright?

Copyright protection in India typically lasts for the lifetime of the author plus 60 years from the year following the author’s death. However, for anonymous works, pseudonymous works, and works of joint authorship, the duration is 60 years from the year of publication.

18. Limitation period:-

The period of limitation for filing a suit for damages for infringement of copyright is three years from the date of such infringement.
However, each time there is an infringement, it constitutes a recurring cause of action, which will provide a fresh limitation for filing an action (M/S Bengal Waterproof Ltd v M/S Bombay Waterproof Manufacturing Company & Another).

19. Jurisdiction of Courts:-

A suit or other civil proceedings relating to infringement of copyright is filed in the District Court or High Court within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant.

20. Legal Right of copyright holder:-

Copyrights are legal protections granted to the creators of original works of authorship. The rights of a copyright holder typically include the following:

20.1. Public Performance Right:

The copyright holder has the exclusive right to perform the work publicly. This right applies to works like plays, movies, music, and other performing arts.

20.2.Public Display Right:

The copyright holder has the exclusive right to display the work publicly. This right is relevant to works of visual art, photographs, graphics, and other visual representations.

20.3.Reproduction Right:

The copyright holder has the exclusive right to reproduce the work in copies or phonorecords. This means they have the authority to control the making of copies of their work.

20.4. Derivative Work Right:

The copyright holder has the exclusive right to create derivative works based on the original. This includes adaptations, translations, modifications, or any other transformative works.

20.5. Distribution Right:

The copyright holder has the exclusive right to distribute copies of the work to the public. They can determine how the work is made available to others, such as selling, renting, or lending copies.

20.6. Moral Rights:

In some jurisdictions, copyright holders are granted moral rights, which include the right to be credited as the author of the work and the right to protect the integrity of the work from any distortions, mutilations, or modifications that could harm the creator's reputation.

20.7.Right of adaptation :-

The copyright grants the owner an exclusive right of modification or adaptation of the copyrighted work.
In other words, the copyright owner has the exclusive right to prepare ‘derivative works’ of its own work. For instance, the copyright owner of a book (literary work) has the exclusive right to give permission to adapt the same into a film. In case of any literary work, the owner also has the right to translate or authorize another individual to translate the work into another language.
This right is interconnected with the right to integrity which protects the original copyrighted work of the owner to distort, mutilate or alter in a way harmful or prejudicial to the owner’s honour or reputation.

20.8. Related/ neighbouring rights:-

Related or neighbouring rights are a separate set of rights resembling copyright. These are given to certain individuals or organisations to help make the works available to the public. These rights are usually given to performers, producers and broadcasting organisations etc.

20.9. Right of sale or rental :-

Some of the copyrighted works such as computer programmes, films and sound recordings can be sold in the market. Through this, the works can be easily disseminated very widely simply by sale or rental in a market. Hence, the copyright offers the exclusive right to sell or give a commercial rental or offer for sale of the original or the copy of a computer programme, film or sound recording.

It's important to note that copyright laws can vary by country, and additional rights or limitations may apply depending on the specific jurisdiction. Moreover, copyright holders may choose to license or transfer their rights to others through agreements such as licenses or assignments.

21. Landmark judgements on copyright infringements :-

There have been some major controversies related to the rights granted by copyright and the infringement of it.

21.1. Saregama India Ltd. vs Sanjay Bansal:

In this case, Saregama India, a prominent music company, filed a copyright infringement suit against Sanjay Bansal, who was selling unauthorized copies of copyrighted sound recordings. The court ruled in favor of Saregama India, ordering Bansal to pay damages and cease the unauthorized distribution of copyrighted music.

21.2. Yash Raj Films Pvt. Ltd vs Sri Sai Ganesh Productions & ors.( 2019):

In this case, there were two companies involved: YRF and Sri Sai Ganesh Productions. YRF claimed that Sri Sai Ganesh Productions had copied their movie, ‘Band Baaja Baaraat’, to make their own movie, ‘Jabardasht’. YRF filed a lawsuit against Sri Sai Ganesh Productions for copyright infringement, saying that their movie was too similar and copied important parts like the story, characters, and look of the movie.
The court had to decide if Sri Sai Ganesh Productions had copied too much, or if their movie was different enough to not be considered a copy. They looked at things like the main idea of the movie, the important parts of the story, and how it looked to the average person watching the movie.

Based on this, the court decided that Sri Sai Ganesh Productions had indeed copied too much and that they were guilty of copyright infringement.

21.3. William Roger Dean vs. James Cameron, et al.( 2014):

Artist William Roger Dean filed a copyright infringement suit against acclaimed film director James Cameron alleging that the latter’s film, Avatar has copied certain elements from his artwork. A district court held the claims of the artists as ‘misguided’ and dismissed the suit.

21. 4.Unicolors, Inc. vs. H&M Hennes & Mauritz, L.P. (2022):

In this case, Unicolors, the owner of copyrights in various fabric designs, filed a suit against H&M Hennes & Mauritz (H&M), a reputed clothing retailer and designer on the ground of copyright infringement. The US Supreme Court held that the provision of safe-harbouring protects a misrepresented or inaccurate information due to the lack of legal knowledge on behalf of the applicant and remanded the case.

22. New Development in Copyright Law India :-

This amendment made several critical changes to Indian law, including ensuring that authors of works (especially songs and screenplays) are entitled to royalty payments and can’t assign their rights in perpetuity.

22.1. Online Piracy:-

While the IT Act of 2000 and the Act do provide some provisions to tackle this, it has been a continuously evolving battle to adapt the law to address this issue effectively.

22.2. Digital Rights Management:-

DRM technologies, used to prevent unauthorized redistribution of digital media, have been a point of focus.

22.3.The Copyright Amendment Act , 2012 :-

Introduction provisions that made the circumvention of effective technological protection measures a punishable offence.

22.4. Fair Dealing and Private Use:-

The concept of fair dealing allows the use of copyrighted works for private or personal use, criticism, review, and reporting of current events, to a certain extent.
The nuances of this provision and its adaptation to new technologies and use-cases are continually being explored.
Artificial Intelligence and Copyright

With AI now capable of creating works of art and music, questions arise about the ownership and copyright of such works.

23. Conclusion:-

As we come to the end of this article, it would be ideal to say that copyright, being a bundle of rights, has been recognized as one of the most prominent forms of intellectual property rights, which has been in existence since 1957 in the form of expression Protecting the creations. moral and economic rights of the author, it also serves as a requirement for public welfare or public need at large, that is why a period has been specified, on completion of which, The work belongs to the public domain for learning and use. Thus, being a collection of copyright rights, it has remained relevant since ancient times.

Simply we can say that Copyright is the shield given by law in the hands of the original owner or author of any intellectual property to be protected against the whole world. Therefore, by giving this shield lawmakers encourage creativity and protect the original work of the creator.