Copyright law in India - Pt, 1

 Meaning of copyright

Copyright in literary, dramatic and musical works Copyright in sound records and cinematograph films Copyright in computer programmes Ownership of copyright; Assignment of copyright; Author's special rights

Copyright is a form of legal protection given to the creators of original works such as literary, dramatic, musical, artistic, and other intellectual works, as well as sound recordings, films, and computer programs. The purpose of copyright law is to promote creativity and innovation by providing legal protection to the creators of original works, and to ensure that they are compensated for their creative efforts. In India, the Copyright Act, 1957 governs the laws relating to copyrights. The Act defines copyright as the exclusive right to do or authorize the doing of certain acts in relation to a work. The Copyright Act provides for the protection of literary, dramatic, musical, and artistic works, as well as sound recordings, films, and computer programs. Copyright in Literary, Dramatic and Musical Works: Under the Copyright Act, literary works include books, articles, and other written works, while dramatic works include plays, ballets, and other stage productions. Musical works refer to compositions with or without words. Section 13 of the Copyright Act provides for the protection of literary, dramatic, and musical works. Copyright in Sound Records and Cinematograph Films: Sound recordings refer to recordings of music and other sounds, while cinematograph films refer to movies. Section 14 of the Copyright Act provides for the protection of sound recordings and cinematograph films. Copyright in Computer Programmes: Computer programs are protected under the Copyright Act as literary works. Section 2(o) of the Act defines a computer program as a set of instructions expressed in words, codes, schemes, or in any other form, which is capable of causing a computer to perform a particular task or achieve a particular result. Ownership of Copyright; Assignment of Copyright: Under the Copyright Act, the author of a work is generally considered to be the owner of the copyright in that work. However, the Act also provides for the assignment of copyright, which means that the copyright in a work can be transferred from one person to another. Author's Special Rights: Under the Copyright Act, authors have certain special rights, also known as "moral rights," which cannot be assigned or transferred to others. These rights include the right to claim authorship of a work and the right to object to any modification or distortion of the work that would prejudice the author's reputation. Section 57 of the Copyright Act sets out the author's special rights. Case Law Example: In the case of Eastern Book Company vs D.B. Modak, the Bombay High Court held that the reproduction of judgments and orders of the court in a report form, without the permission of the court, would amount to copyright infringement. This case established the principle that even judicial decisions are protected under the Copyright Act. In conclusion, the Copyright Act, 1957 provides comprehensive protection to the creators of original works, and ensures that they are compensated for their creative efforts. The Act has been amended several times to keep pace with the changing times and to provide effective protection to the rights of authors and creators.