Important Questions on Copyright Act, 1957 (Q&A Section)
1. What is Copyright under the Copyright Act, 1957?
Ans- Copyright is an intangible legal right granted to the creator of an original work. It provides exclusive rights such as reproduction, publication, distribution, and communication to the public.
These rights are defined under Section 14 of the Copyright Act, 1957.
Case Law:
• Raj Video Vision v. K. Mohan Krishna (AIR 1998 Chennai 294)
2. Is Copyright an Intangible Right in India?
Ans- Yes, copyright is an intangible (non-physical) right. It protects the expression of ideas, not the physical object itself.
For example, a book (physical) is different from the copyright (legal right over content).
3. What are Criminal Remedies for Copyright Infringement in India?
Ans- Copyright infringement is a criminal offence under Indian law.
• Section 63: Provides punishment including imprisonment and fine
• Section 64: Allows police to seize infringing copies without warrant
This ensures strict enforcement against piracy and unauthorized use.
4. Can an Author Relinquish Copyright in India?
Ans- Yes, an author can voluntarily give up copyright.
Under Section 21, the author must give a formal notice to the Registrar of Copyrights in the prescribed format.
Once relinquished, the work may enter the public domain.
5. What is the Duration of Copyright in Photographs in India?
Ans- The copyright in a photograph lasts for:
👉 60 years from the year of first publication
This is provided under Section 25 of the Copyright Act, 1957.
6. Can Copyright be Licensed to Another Person?
Ans- Yes, copyright can be licensed.
Under Section 30, the owner or authorized agent can grant a written licence to another person to use the work.
Licensing is widely used in music, films, publishing, and digital content.
7. Is Rectification of Copyright Register Allowed?
Ans- Yes, rectification is legally permitted.
Under Section 50, authorities can correct any error or omission in the Register of Copyrights.
This ensures accuracy and legal clarity of ownership records.
8. What is the Duration of Copyright After Death of the Author?
Ans- Copyright generally lasts for:
👉 60 years after the death of the author
The period is calculated from the beginning of the next calendar year following the author’s death.
9. Which Courts Handle Copyright Offences in India?
Ans- Only higher-level courts can try copyright offences.
Under Section 70, no court below the level of:
• Metropolitan Magistrate
• Judicial Magistrate First Class
can take cognizance of such offences.
10. What is the Test for Copyright Infringement?
Ans- Under Section 51, infringement occurs when a copyrighted work is used without permission.
Main Test:
If an average person feels that the new work is a copy or substantial imitation of the original, infringement is established.
Case Law:
• Hindustan Lever Ltd. v. Nirma Pvt. Ltd. (AIR 1992 Bombay)
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