Copyright under the Copyright Act, 1957 and Assignment of Copyright
Meaning of Copyright
Copyright is a legal right granted to the creator of an original work to protect his intellectual creation from unauthorized use. It gives the owner exclusive authority to reproduce, publish, distribute, or adapt the work.
The provisions relating to copyright are contained in the Copyright Act, 1957.
Under Section 14 of the Act, copyright means the exclusive right given to the owner of a work to do or authorize certain acts in relation to that work or any substantial part of it.
These rights vary depending on the type of work involved.
Copyright in Different Works
1. Literary, Dramatic or Musical Works (Except Computer Programs)
In respect of literary, dramatic, or musical works, the owner has the following rights:
• Right to reproduce the work, including electronic reproduction
• Right to issue copies to the public
• Right to perform the work in public
• Right to communicate the work to the public
• Right to make cinematograph films based on the work
• Right to translate the work into other languages
• Right to adapt the work
• Right to perform these acts in respect of translations or adaptations
2. Copyright in Computer Programs
For computer programs, copyright includes:
• All the rights available for literary works
• Right to sell copies of the program
• Right to give the program on commercial rental
3. Copyright in Artistic Works
The copyright owner has the following rights:
• Right to reproduce the artistic work
• Right to communicate the work to the public
• Right to issue copies to the public
• Right to include the work in cinematograph films
• Right to make adaptations of the work
4. Copyright in Cinematograph Films
In the case of cinematograph films, the owner has the following rights:
• Right to make copies of the film
• Right to sell or give copies on rent
• Right to communicate the film to the public
Case Law
In Raj Video Vision v. K. Mohan Krishna, the court held that the producer of a cinematograph film has the right to sell or rent copies of the film even if the copies have previously been sold or rented.
5. Copyright in Sound Recordings
The owner of sound recordings enjoys the following rights:
• Right to make another sound recording incorporating the original
• Right to sell or rent copies of the recording
• Right to communicate the sound recording to the public
______________________________________________________
Judicial Interpretation of Copyright
Several courts in India have explained the scope of copyright.
👉 In M/s Infoseek Solutions v. Kerala Law Times, the court held that no copyright exists in judicial decisions themselves, but law reports may have copyright due to editorial work and intellectual effort.
👉 In Indian Cellular Ltd. v. Jai Distillers Pvt. Ltd., the court observed that copyright disputes arise when substantial similarity between two works creates confusion.
👉 Similarly, in Mrs. Easli Khosla v. Anil Aggarwal, the Delhi High Court emphasized the importance of originality in copyright protection.
👉 In Eastern Book Company v. D.B. Modak, the Supreme Court held that copyright requires originality and creativity, and mere collection of material without intellectual effort does not qualify for copyright protection.
______________________________________________________
Assignment of Copyright
Assignment means transfer of copyright ownership from one person to another.
The provisions relating to assignment are provided under Section 18 of the Copyright Act, 1957.
According to this section:
• The author or owner of copyright may assign the copyright fully or partially
• Assignment may be permanent or for a specific period
• Assignment may relate to all rights or only certain rights
Case Law
• In Awatar Singh & Co. Pvt. Ltd. v. Venkatraman, the court held that copyright in cinematograph films can be legally assigned.
• In Gramophone Company of India Ltd. v. Shanti Films Corporation, the court stated that copyright is a beneficial interest in movable property and can be transferred by assignment.
Essential Elements of Assignment
The requirements for a valid assignment are provided under Section 19 of the Copyright Act, 1957.
The essential elements include:-
(i) The assignment must be in writing.
(ii) It must be signed by the assignor (owner of copyright).
(iii) It may also be signed by the authorized representative or agent of the assignor.
Case Law
In K.A. Venugopal Shetti v. Dr. Suryakanta U. Kamath, the Karnataka High Court held that assignment of copyright must be in writing to be legally valid.
Period of Assignment
If the period of assignment is not mentioned in the agreement, the law presumes that the assignment is valid for five years (05 from the date of assignment.
Settlement of Copyright Disputes
The settlement of copyright disputes is governed by Section 19(9) of the Copyright Act, 1957.
Under this provision:
• Disputes relating to assignment of copyright are decided by the Copyright Board (now Intellectual Property Appellate jurisdiction).
• The authority examines the agreement and circumstances before making a decision.
Conclusion
Copyright is an important intellectual property right that protects the original works of authors, artists, and creators. It grants exclusive rights to reproduce, distribute, adapt, and communicate the work to the public.
At the same time, copyright can be transferred through assignment, allowing the owner to transfer rights partially or completely to another person. The law ensures that such assignments are properly documented and legally enforceable.
______________________________________________________
MCQs – Copyright and Assignment
1. Copyright in India is governed by the Copyright Act, 1957.
A. Companies Act
B. Copyright Act
C. Patents Act
D. Trademark Act
Answer: B
2. Copyright means the exclusive right given to the owner under:
A. Section 10
B. Section 12
C. Section 14
D. Section 20
Answer: C
3. Copyright protection is available for:
A. Literary works
B. Artistic works
C. Musical works
D. All of the above
Answer: D
4. Assignment of copyright is provided under:
A. Section 15
B. Section 18
C. Section 22
D. Section 30
Answer: B
5. A valid copyright assignment must be:
A. Oral
B. Written
C. Implied
D. Verbal agreement
Answer: B
6. If the period of assignment is not mentioned, the assignment will be valid for:
A. 2 years
B. 3 years
C. 5 years
D. 10 years
Answer: C
7. Copyright in cinematograph films includes the right to:
A. Sell copies
B. Rent copies
C. Communicate to public
D. All of the above
Answer: D
8. In Eastern Book Company v. D.B. Modak the Supreme Court held that copyright requires:
A. Registration
B. Creativity and originality
C. Government approval
D. Patent protection
Answer: B
9. Copyright is considered as:
A. Immovable property
B. Tangible property
C. Beneficial interest in movable property
D. Government property
Answer: C
10. Which case recognized copyright as movable property?
A. Gramophone Company of India Ltd. v. Shanti Films Corporation
B. Donoghue v Stevenson
C. Kesavananda Bharati Case
D. Maneka Gandhi Case
Answer: A
______________________________________________________
FAQs – Copyright and Assignment
1. What is copyright under the Copyright Act, 1957?
- Copyright is the exclusive legal right granted to the creator of an original work to reproduce, distribute, and communicate the work to the public.
2. Which section defines copyright in India?
- Copyright rights are defined mainly under Section 14 of the Copyright Act, 1957.
3. What types of works are protected by copyright?
- Copyright protects literary, dramatic, musical, artistic works, cinematograph films, sound recordings, and computer programs.
4. What is assignment of copyright?
- Assignment means transfer of copyright ownership from the author or owner to another person.
5. Which section deals with assignment of copyright?
- Assignment of copyright is governed by Section 18 of the Copyright Act, 1957.
6. What are the essential elements of copyright assignment?
- The assignment must be in writing, signed by the assignor, and specify the rights transferred.
7. What happens if the period of assignment is not mentioned?
- If no period is specified, the law assumes a 5-year assignment period.
8. Can copyright be partially assigned?
- Yes, copyright may be assigned wholly or partially and for a specific time or permanently.
9. Is copyright available in court judgments?
- No. Court judgments themselves do not have copyright, though law reports containing editorial work may have copyright.
10. Why is copyright important?
- Copyright protects creative works, encourages innovation, and ensures economic benefits for authors and creators.
1 Comments
Finally, someone explained the law without hiding behind jargon. Clear, practical, and actually usable.
ReplyDelete