LAW OF COPYRIGHT- MEANING OF COPYRIGHT, WORKS IN WHICH

COPYRIGHT SUBSISTS, OWNERSHIP OF COPYRIGHT, RIGHTS OF THE

OWNER, TERM OF COPYRIGHT, REGISTRATION OF COPYRIGHT,
COPYRIGHT OFFICE, COPYRIGHT BOARD AND COPYRIGHT SOCIETIES

IN

MODERN INTELLECTUAL PROPERTY LAW

SUBJECT CODE: PML

SUBMITTED BY,
R.H.RAMANARAYANAN
ID Card No: 232016,
LLM-I YEAR
PROPERTY LAW

UNDER THE GUIDANCE AND SUPERVISION OF

Prof. P. Kumaran, B.Sc.,M.L.,D.L.A.L.,PGDCA.,Ph.D.,

GOVERNMENT LAW COLLEGE MADURAI, TAMIL NADU.

MAY 2024

0
 TABLE OF CONTENTS

I. Introduction 2
II. Interpretation of Copyright 2
III. Copyrightable works 3
IV. Copyright Ownership 9
V. Rights of the Copyright Owner 13
VI. Term of Copyright 17
VII. Registration of Copyright 20
VIII. Copyright Office 25
IX. Copyright Board 26
X. Copyright Societies 33
XI. Conclusion 36
Bibliography and References 37

1
 INTRODUCTION
Intellectual property (IP) refers to creations of the mind, such as inventions,
literary and artistic works, designs, symbols, names, and images used in
commerce. It's protected by law through patents, copyrights, trademarks, and trade
secrets, enabling creators and innovators to earn recognition or financial benefit
from their creations. Essentially, intellectual property rights grant exclusive rights
to creators and owners, safeguarding their intangible assets and fostering
innovation, creativity, and economic growth.
In India the first Copyright Act was passed in 1914. The Act, presently in force was
legislated in the year 1957. In this assignment, Intrepretation of copyright, works in which
copyright subsists(Copyrightable works), the concept of ownership, rights of copyright
holder, term of copyright, registration of copyright, copyright office, copyright board of
India, copyright society are all discussed.

I. MEANING OF COPYRIGHT
Copyright is a type of intellectual property that protects original works of
authorship as soon as an author fixes the work in a tangible form of expression.
In copyright law, there are a lot of different types of works, including paintings,
photographs, illustrations, musical compositions, sound recordings, computer
programs, books, poems, blog posts, movies, architectural works, plays, and so
much more!

Copyright is originality and fixation

Original Works

Works are original when they are independently created by a human author and
have a minimal degree of creativity. Independent creation simply means that you
create it yourself, without copying. The Supreme Court has said that, to be
creative, a work must have a “spark” and “modicum” of creativity. There are
some things, however, that are not creative, like: titles, names, short phrases, and
slogans; familiar symbols or designs; mere variations of typographic

2
 ornamentation, lettering, or coloring; and mere listings of ingredients or contents.
And always keep in mind that copyright protects expression, and never ideas,
procedures, methods, systems, processes, concepts, principles, or discoveries.
Fixed Works
A work is fixed when it is captured (either by or under the authority of an author)
in a sufficiently permanent medium such that the work can be perceived,
reproduced, or communicated for more than a short time. For example, a work is
fixed when you write it down or record it.

For instance, the Indian Copyright Act protects the creators' work by law until 60
years after their death.1

The Copyright Act of 1957, provides the meaning of copyright under section 14. As per
the section, copyright means the ‘exclusive right to do or authorise the doing of any of the
listed acts in respect of the specified category of works’. The works are- literary,
democratic or musical work (not being computer programme), computer programme, artistic
work, cinematograph film, and sound recording.

Copyrightable works
II. (WORKS IN WHICH COPYRIGHT SUBSIST)

Section 13 of the Act lists out the work, in which copyright subsists. Subject to the
provision of this section and the other provisions of this Act, copyright shall subsists throughout
India in the following classes of works,

 a) Original literary, dramatic, musical & artistic work,

 b) Cinematograph films, and

 c) Sound recording.

Literary work

It includes computer programmes, tables, compilations including computer database.

Dramatic work
1
Ibid.

3
It includes any piece for recitation, choreographic work or entertainment in a dumb show, the
scenic arrangement or acting form of which is fixed in writing or otherwise but does not
include a cinematograph Film.

Musical work

Consists of music and includes any graphical notation of such work, but does not include any
works or any action intended to be sung, spoken or performed with the music.

Artistic work

It means painting, a sculpture, a drawing, an engraving or a photograph, whether or no any such

work possesses artistic quality. A work of ‘architecture’ means any building or structure having
an artistic character or design or any model for such building or structure.

Cinematograph film

Means any work of usual recording on any medium produced through a process from which a
moving image may be produced by any means and includes a sound recording accompanying
such visual recording and ‘cinematograph’ shall be construed as including any work produced
by any process analogous to cinematography including video films.

Sound recording

A recording of sounds from which such sounds may be re-produced regardless of the medium
on which such recording is made or method by which the sounds are produced.

Qualification for Copyright Subsistence

In order to qualify for copyright the work, apart from being original, should also satisfy the
following conditions (except in the case of foreign works) –

4. The work is first published in India.

5. Where the work is first published outside India, the author at the date of publication
must be a citizen of India. If the publication was made after the author’s death the
author must have, at the time of his death, been a citizen of India.

4
 6. In the case of unpublished work the authors is on the date of making of the work, a
citizen of India or domiciled in India. This however, does not apply to works of
architecture.

Literary work: What is Protected

It is the product of the labour, skill and capital of one man which must not be appropriated by
another, not the elements, like, the rawmaterials upon which the labour, skill and capital of the
author have been expended.

To secure copyright for the product, it is necessary that the labour, skill and capital should be
expended sufficiently to impart to the product some quality or character which the raw material
did not possess and which differentiates the product from the raw material used.

Literary Quality- A literary work need not be of literary quality. Even so prosaic a work as an
index of railway stations or a list of stock exchange quotations qualifies as a literary work if
sufficient effort has been expended in compiling it, to give it a new and original character.

In Gleeson v. Denne, it was held that, if one works hard enough, walking down the streets,
taking down the names of people who live at houses and makes a street directory as a result of
that labour, this has been held to be an exercise sufficient to justify in making claim to
copyright in the work which is ultimately produced.

Meaning of Dramatic, Musical and Artistic Works

According to Section 13(1)(a), copyright subsists in original dramatic, musical and artistic
work. Hence an understanding of the three terms, dramatic, artistic, and musical works is
required.

1. Dramatic Work

According to Section 2(h), a dramatic work includes any piece of recitation, choreographic
work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed
in writing or otherwise but does not include a cinematograph film.

5
An interesting case in Indian Express v. Jagmohan, where the defendant made a stage play &
a movie based on the central theme of certain series of articles published by the plaintiff namely
purchase of a woman by the name Kanta by a journalist to highlight the flesh trade flourishing
in some parts of the country. The article published contained as autobiographical account of the
part actually played by the author in the affair. In the film emphasis was on human bondage
particularly of Indian women. The court held that stage play on the movie was not an
infringement of the copyright in the article.

2. Musical Work

Copyright is recognized in original musical work under the provisions of Section 13(1)(a).
Section 2(p) defines ‘Musical Work’ as a work consisting of music and includes any graphical
rotation of such work but does not include any words or any action, intended to be sung,
spoken or performed with music.

Adaptation of a musical work is also entitled to copyright protection. Adaptations in common

parlance are usually termed as arrangement, e.g., a musical work may be modified by the
accompanying orchestra.

In Redwood Music v. Chappel, it was held that if a musical arranger so decorates, develops,
transfers to a different medium or otherwise changes the simple music of a popular song so as
to make his arrangement fall within the description of an original musical work, such
arrangement or adaptation is capable of attracting an independent Copyright.

3. Artistic Works

According to Section 2(c), Artistic work means:

 Painting, a sculpture, a drawing including a diagram, map, chart or plan, an engraving

on a photograph whether or not only such work possesses artistic quality:

 A work of architecture; and

 Any other work of architecture craftsmanship. In Merchant Adventures v. M. Grew &

Company, it has been held that drawings for the purpose of copyright would include
any legends or explanatory notes which describe in general terms what the drawing
represents.

6
Cinematograph Film

A copyright subsists in a cinematograph film by virtue of Section 13(1)(b). A cinematograph

film means any work of visual recording on any medium produced through a process from
which a moving image may be produced by any means and includes a sound recording
accompanying such visual recording and cinematograph shall be construed as including any
work produced by any process analogous to cinematograph including video films.

The sound track associated with the film is a part of the cinematograph film which is the
subject of copyright. In Balwinder Singh v. Delhi Administration, and in Tulsidas v. Vasantha
Kumari, it was held that video and television are both cinematographic films.

Section 13(3)(a), makes it clear that a copyright will not subsist in a cinematograph film if a
substantial part of the film is an infringement of the copyright in any other work.

Sound Recording

Copyright subsists in a sound recording. According to Section 2(xx), a sound recording means a
recording of sounds from which such sounds may be produced regardless of the medium on
which such recording is made or the method by which the sounds are reproduced.

Musical works and sound recording embodying the music are considered separate subject
matter for copyright. Copyright in the music vests in the composer and the copyright in the
music recorded vests in the producer of the sound recording.

Section 13 of the Act lists out the work, in which copyright subsists. Subject to the provision of
this section and the other provisions of this Act, copyright shall subsists throughout India in the
following classes of works,

 a) Original literary, dramatic, musical & artistic work,

 b) Cinematograph films, and

 c) Sound recording.

Literary work

It includes computer programmes, tables, compilations including computer database.

7
Dramatic work

It includes any piece for recitation, choreographic work or entertainment in a dumb show, the
scenic arrangement or acting form of which is fixed in writing or otherwise but does not
include a cinematograph Film.

Musical work

Consists of music and includes any graphical notation of such work, but does not include any
works or any action intended to be sung, spoken or performed with the music.

Artistic work

It means painting, a sculpture, a drawing, an engraving or a photograph, whether or no any such

work possesses artistic quality. A work of ‘architecture’ means any building or structure having
an artistic character or design or any model for such building or structure.

Cinematograph film

Means any work of usual recording on any medium produced through a process from which a
moving image may be produced by any means and includes a sound recording accompanying
such visual recording and ‘cinematograph’ shall be construed as including any work produced
by any process analogous to cinematography including video films.

Sound recording

A recording of sounds from which such sounds may be re-produced regardless of the medium
on which such recording is made or method by which the sounds are produced.

Qualification for Copyright Subsistence

In order to qualify for copyright the work, apart from being original, should also satisfy the
following conditions (except in the case of foreign works) –

13. The work is first published in India.

8
 14. Where the work is first published outside India, the author at the date of publication
must be a citizen of India. If the publication was made after the author’s death the
author must have, at the time of his death, been a citizen of India.

15. In the case of unpublished work the authors is on the date of making of the work, a
citizen of India or domiciled in India. This however, does not apply to works of
architecture.

Literary work: What is Protected

It is the product of the labour, skill and capital of one man which must not be appropriated by
another, not the elements, like, the rawmaterials upon which the labour, skill and capital of the
author have been expended.

To secure copyright for the product, it is necessary that the labour, skill and capital should be
expended sufficiently to impart to the product some quality or character which the raw material
did not possess and which differentiates the product from the raw material used.

Literary Quality- A literary work need not be of literary quality. Even so prosaic a work as an
index of railway stations or a list of stock exchange quotations qualifies as a literary work if
sufficient effort has been expended in compiling it, to give it a new and original character.

In Gleeson v. Denne, it was held that, if one works hard enough, walking down the streets,
taking down the names of people who live at houses and makes a street directory as a result of
that labour, this has been held to be an exercise sufficient to justify in making claim to
copyright in the work which is ultimately produced.

Meaning of Dramatic, Musical and Artistic Works

According to Section 13(1)(a), copyright subsists in original dramatic, musical and artistic
work. Hence an understanding of the three terms, dramatic, artistic, and musical works is
required.

1. Dramatic Work

9
According to Section 2(h), a dramatic work includes any piece of recitation, choreographic
work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed
in writing or otherwise but does not include a cinematograph film.

An interesting case in Indian Express v. Jagmohan, where the defendant made a stage play &
a movie based on the central theme of certain series of articles published by the plaintiff namely
purchase of a woman by the name Kanta by a journalist to highlight the flesh trade flourishing
in some parts of the country. The article published contained as autobiographical account of the
part actually played by the author in the affair. In the film emphasis was on human bondage
particularly of Indian women. The court held that stage play on the movie was not an
infringement of the copyright in the article.

2. Musical Work

Copyright is recognized in original musical work under the provisions of Section 13(1)(a).
Section 2(p) defines ‘Musical Work’ as a work consisting of music and includes any graphical
rotation of such work but does not include any words or any action, intended to be sung,
spoken or performed with music.

Adaptation of a musical work is also entitled to copyright protection. Adaptations in common

parlance are usually termed as arrangement, e.g., a musical work may be modified by the
accompanying orchestra.

In Redwood Music v. Chappel, it was held that if a musical arranger so decorates, develops,
transfers to a different medium or otherwise changes the simple music of a popular song so as
to make his arrangement fall within the description of an original musical work, such
arrangement or adaptation is capable of attracting an independent Copyright.

3. Artistic Works

According to Section 2(c), Artistic work means:

 Painting, a sculpture, a drawing including a diagram, map, chart or plan, an engraving

on a photograph whether or not only such work possesses artistic quality:

 A work of architecture; and

10
  Any other work of architecture craftsmanship. In Merchant Adventures v. M. Grew &
Company, it has been held that drawings for the purpose of copyright would include
any legends or explanatory notes which describe in general terms what the drawing
represents.

Cinematograph Film

A copyright subsists in a cinematograph film by virtue of Section 13(1)(b). A cinematograph

film means any work of visual recording on any medium produced through a process from
which a moving image may be produced by any means and includes a sound recording
accompanying such visual recording and cinematograph shall be construed as including any
work produced by any process analogous to cinematograph including video films.

The sound track associated with the film is a part of the cinematograph film which is the
subject of copyright. In Balwinder Singh v. Delhi Administration, and in Tulsidas v. Vasantha
Kumari, it was held that video and television are both cinematographic films.

Section 13(3)(a), makes it clear that a copyright will not subsist in a cinematograph film if a
substantial part of the film is an infringement of the copyright in any other work.

Sound Recording

Copyright subsists in a sound recording. According to Section 2(xx), a sound recording means a
recording of sounds from which such sounds may be produced regardless of the medium on
which such recording is made or the method by which the sounds are reproduced.

Musical works and sound recording embodying the music are considered separate subject
matter for copyright. Copyright in the music vests in the composer and the copyright in the
music recorded vests in the producer of the sound recording.

III. OWNERSHIP OF COPYRIGHT

Copyright in India is a sui generis right, which means that it is considered a natural right
because all the rights and power are automatically given to the original creator of the

11
original literary (including computer work), dramatic, musical, or artistic works,
cinematography, and sound recordings. The registration of above mentioned to get protection
under the Copyright Act, 1957 is not required. The Apex court in R.G. Anand case
registration of any Artistic or literary work is not required to get the benefits of
copyright Act,1957.

The definition of Author can be generalized in many ways, an author is also known as the
first owner of anything which is created or developed by him whether it is artistic work or
literary work and whatsoever any type of creation. In essence, the Author of the photograph
is the person who takes the photo. The author of the musical work is Composer. In the case of
cinematography, the author is the producer of the film at the time of its complication, etc.

According to section 2(d) of the Copyright Act,1957 ‘author’ has been defined as:

1. In relation to a literary or dramatic, the author of the work.

2. In relation to musical work, the composer
3. In relation to artistic work other than photography, the artist
4. In relation to the cinematography film or sound recording, the producer; and
5. In relation to any literary, dramatic, musical, or artistic work which is computer-
generated, the person responsible for its creation is the author.

Therefore, the first person who created any literary, dramatic, musical, or artistic work
(including computer work) is known as the author or first owner.

Copyright Act, conveys the idea of ownership different from authorship. As we

discussed above, the fundamental rule is that the first owner of the copyright is the
author. However, the Copyright Act, 1957 specifies certain exceptions to this general rule.
Therefore, it becomes vital to understand the difference between authorship and ownership of
copyright. Let’s understand with the help of illustrations.

For Instance, if ‘X’ asks ‘Y’, a composer to compose a piece of music for him for an
agreed sum of money, then although Y has created the Music Composition, here, Y shall be
the author and X who paid the sum of money as Consideration for the Music shall become
the first owner of the copyright arising and resulting out of the Music. In other words, the

12
work which made through the course of employment or if any commission is charged for the
work in such a situation the person who is the employer or paid the commission as
consideration becomes the owner of the rights in that work. The statutory provision that
resembles such a person as the owner is defined under Section 17 of the Copyright Act.

The proviso is Explained hereunder:

STATUTORY EXCEPTION UNDER SECTION 17 OF THE COPYRIGHT ACT, 1957

Section 17 of the Copyright Act, 1957 is an exception to the fundamental or general

rule of the author being the first owner of the copyright. This section elaborates on
consideration paid by the person for the work to be done who shall become the first owner of
the copyright.

Section 17 (a) of Copyright Act, 1957: literary, dramatic and artistic works:

Section 17 (a) deals with literary, dramatic, and artistic work. This section states that
whoever such type of work is done by the author during the tenure of employment or service
to the owner of the newspaper, book, magazines, etc. under the contract or obligation to
publish such work under such circumstances the owner of that newspaper or magazine shall
become to the owner of the copyright.

In the Judicial pronouncement of, V.T.Thomas Vs. Malayala Manorama Company

Ltd.,2 It was held that once the employment agreement is terminated, the work created by the
person after the termination from his work that person shall be the first and real owner of that
work for the claim of copyright and the ex-employer have no right to claim copyright for that
subsequent work.

Section 17 (b) of Copyright Act, 1957: photograph, painting, engraving, cinematographic

film.

Section 17 (b) deals with the hired photographer, painter, engraver, and
cinematographer. If these professionals are hired by some person for their work then the
person causing such work to be created shall become the first owner of the copyright.

2
AIR 1989 Ker 49.

13
However, this rule shall apply only if there’s no agreement to the contrary between the
parties.

In Chidambare v. Renga,3 it was held that where a person is under an obligation to do

something, and in the discharge of such obligation, he transfers a certain interest, and such
transfer is done in favor of valuable consideration than the first owner right is vested upon the
person who is paying the valuable consideration.

For Instance, if ‘A’ who is a Photographer has been hired by ‘B’ to click a photograph
of his son, then ‘B’ shall be the first owner of the copyright arising and accruing from the
photographs created by ‘A’ in return of consideration. However, ‘A’ shall have authorship
right over the portrait.

Section 17 (c), Copyright Act, 1957: work made during the course of employment

Section 17 (c) states that, if any work is made by a person in the term of his
employment under a contract of service or traineeship, then the employer will always be the
first owner of all the work created during such employment unless there’s an agreement in
contrary between the parties.

In Beloff v. Pressdram,4 it was held that the true test is whether on the one hand, the
employee is employed is part of the business and his work is an integral part of the business,
or whether his work is not integrated into the business but is only accessory to it or the work
done by him in business on his account. In the former case, it is a contract of service and in
the latter a service contract.

For Instance, If Mr. X is a software designer in ABC company, then all the software
Design created by Mr. X is Under the Copyright of The Company and the Company is the
sole or first owner of that Design.

Section 17 (cc), Copyright Act, 1957: lectures delivered in public on behalf of another

3
AIR 1967 Ass 70.
4
(1973) RPC 765.

14
 Section 17 (cc) deals that, if any person is delivering a speech on behalf of another
then, the person on behalf of whom the lecture is delivered is the first owner of such
copyright. However, if there is no representation of anyone else then, he becomes the author
and first owner of such copyright. For instance, if ‘X’ the spokesperson of ‘Z’ a political
leader gives a speech in public, then albeit ‘X’ is delivering the speech in public, ‘Z’ shall be
the first owner of the copyright of such speech

Section 17 (d) of Copyright Act, 1957: work assigned by Government

Section 17(d) states that, if any copyrightable work is created on being tendered by
the government, then the copyright arising and accruing from such work vest the right of
copyright on the government. In other words, the government shall be the first owner of that
subsequent copyright unless there’s an agreement to the contrary between the party.

For instance, if ‘Z’ a sculptor, has been Under tender to create a sculpture of Sardar
Patel to be affixed on the road by the State Government of Gujarat then, the State government
of Gujarat shall own first ownership of copyright arising from such sculpture.

Section 17 (dd) and Section 41 of Copyright Act, 1957: copyrightable works created for
certain international organization

Section 17 (dd) states that, if any copyrightable work is assigned to any person by the
international organization then the international organization shall be the first owner of the
copyrightable work, and the power to use the copyright protection is vested upon that
international organization.

IV. RIGHTS OF THE COPYRIGHT OWNER

Copyright protection is provided by the Copyright Act, of 1957 in India. These

protections are enjoyed by the copyright owner in two following ways:

1. Economic right of the author, and

2. The moral right of the author

Moreover, the Rights of the copyright owner is classified in detail hereunder:

15
 Right to Assignment:

The copyright owner of existing work or the prospective owner of the copyright in a
future work have the right to assign copyright to anyone either wholly or partially and
generally subject to limitation and either for the whole term of the copyright or any part of
the term. However, in the case of future assignments copyright will take effect only when the
work comes into existence. Thus, Copyrights in future work cannot be assigned
effectively, unless it comes into existence.

In the Judgment of Srimagal & co. Vs. Books (India) Pvt. Ltd.,5 the court held that “no
particular form of assignment of under Section 19 is required it will suffice if the assignment
can be culled out in writing from some documents.

Right to the author to relinquish copyright:

By giving notice to the registrar of copyrights the author has the right to relinquish
all or any of the rights of the work. The effect of such notice is that from the date of the
notice, all his rights cease to exist for that work. However, the copyright owner can only
relinquish those rights which he can, on his own, without affecting the rights of other persons
like assignees.

Right to reproduce work:

It is a general rule given in the Copyright Act,1957 that the only author of the work
has the right to reproduce his work or authorize others to reproduce his work. No one
other than the author can reproduce his work without his prior permission.

In the case of, Star India (P) Ltd. v. Leo Burnett India (P) Ltd.,6 the court briefly
discussed where can the works of writing be copied in cinematography. Tide came out with
the logo ‘Kyon Ki Bahu Bhi Kabhi Saas Banegi’ which broke out a controversy because it is
as same as the title of the show ‘Kyon Ki Saas Bhi Kabhi Bahu Thi’. The court held that it
was against the law.

Right to broadcast work:

5
AIR 1973 MAD 49.
6
2003 (2) BOM CR 655.

16
 The term ‘broadcast’ is communication to the public by any means of wireless
diffusion, whether in any one or more of the forms of signs, sounds, or visual images; or by
wire and includes a re-broadcast. The author has additional rights to preserve and protect his
moral rights. The author can protect his intellectual property under copyright law.

Right to grant Licences:

The Owner of the copyright of any existing work may grant or allow his interest in the
right by license in writing duly signed by him. Even the owner of any future copyrighted
work can also allow or grant the license in respect of such work, provided that the license will
take effect only after the accomplishment of that future work.

Other Rights:

Apart from the above, the copyright Act, 1957 also provides some other kinds of
rights to the author of the work like performer’s right, right to sue for infringement of
copyright, right to resale original copies, right to distribute copies of work or
commercial rental, right of public performance and Sui Generis Rights, etc.

Globally, Piracy of work is one of the major problems that has been seen in recent
days after the boom in internet usage, there are numerous items on the internet that have a
varying degree of copyright protection such as photos, graphics, e-books, videos, news,
articles, games, etc. The decentralization of the internet is one of the major reasons to make it
possible for users to disseminate a work endlessly from cyberspace through endless numbers
of ways, which results in difficult to understand whether the work is a duplicate or copy of a
protected work, which gave rise to global piracy.

But to tackle this problem, cyberspace has gone through changes like downloading
and uploading documents that are copyrighted. It is restricted by many sites or companies
restricted download their content to protect their copyright interest. For example-
Downloading YouTube content and using it for personal benefit results in copyright

17
infringement and the author of the same can claim damages from the infringers. Another way
to tackle this issue is to watermark the available work on the internet by the owner.

In the case of, UTV Software Communication Ltd. Vs 1337X.To and Ors.,7 the Delhi
High Court opined that the digital infringement of copyright is no different than the
infringement in the real world and there is no explanation as to why crime in the real world is
not a crime in the digital world especially when the Copyright Act does not make any such
distinction.

In the recent case of Disney Enterprises Inc. and Ors. Vs Kim cartoon. to & Ors. 8, the
court restrained the defendants from hosting, streaming, reproducing, distributing, making
available to the public and/or communicating to the public, or facilitating the same on their
websites through the internet in any manner whatsoever, any cinematograph work, content,
program or show in which the Plaintiffs owned copyrights to ensure that the original content
of the plaintiffs was protected.

The Information Technology Act, 2000 is another legislation that deals with digital
copyright infringements. The Act under Section 66 provides for imprisonment of up to 3
years and a fine of up to 2 Lakh Rupees for the offense of illegal distribution of copyrighted
work online.

Another Development is “John Doe”. The Indian courts have decided to reduce the cases
of digital piracy in India through the “John Doe’ order. John Doe order is an order in
which courts need very less information about the accused and his identity is unknown
at the time of filing of the petition. The Indian courts are empowered under Order 39, Rule
1 and 2 of the Code of Civil Procedure, 1908 to issue an injunction to order ‘john doe’.
All the above-mentioned laws and orders are recent developments to tackle any type of
threats toward the copyrighted content and to protect the interests of authors in India.

Ownership of copyright is one of the key ingredients to protect the right of authors
or first owner. The creation of any work by himself automatically creates the right for the
owner to enjoy all the rights provided under Copyright Act,1957. Due to modernization and
the advancement of technology, it is the need of the hour to keep updating copyright laws
because every day infringement of the right of the author takes place in the digital world.
7
AIRONLINE 2019 DEL 773.
8
Del HC, 27 July 2020.

18
Hence, development in copyright laws from time to time is the only way to solve this
problem.

V. TERM OF COPYRIGHT

Copyright, as a legal concept, plays a pivotal role in promoting innovation and

creativity by providing authors and creators with the assurance that their efforts will be
rewarded and protected. Understanding the intricacies of copyright terms and the mechanisms
of assignment and licensing is of paramount importance in today’s age. It empowers creators,
businesses, and even consumers to navigate the complex landscape of intellectual property
rights. The knowledge of copyright terms, the processes of assigning copyright, and the
nuances of licensing agreements is essential for creators seeking to monetize their creations,
for businesses aiming to use copyrighted content legally, and for the general public to
appreciate the boundaries of lawful use.

Copyright protection is a fundamental aspect of intellectual property law that grants

authors and creators exclusive rights to their creative works. In India, the term of copyright
protection is outlined from section 22 to section 29 of the Indian Copyright Act, 1957.
This section provides a clear framework for how long copyright protection lasts for different
categories of creative works. Here’s a detailed explanation of the term of copyright protection
in India:

COPYRIGHT IN THE CASE OF LITERARY, DRAMATIC, ARTISTIC, AND MUSICAL

WORK [SECTION 22]

For literary, dramatic, musical, and artistic works, the term of copyright
protection subsists during the lifetime of the author plus an additional 60 years from the
beginning of the calendar year immediately following the year in which the author
passes away.

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 And if the work is produced by co-authors jointly or has multiple authors, the
copyright lasts for the lifetime of the last surviving author plus an additional 60 years from
the beginning of the calendar year immediately following the year in which the author passes
away.

This provision ensures that the rights to creative works remain with the author during
their lifetime and are extended to their legal heirs and successors for six decades after their
demise.

COPYRIGHT IN ANONYMOUS AND PSEUDONYMOUS LITERARY, DRAMATIC,

ARTISTIC AND MUSICAL WORK [SECTION 23]

In the case of literary, dramatic, musical, or artistic works (excluding photographs)

published anonymously and pseudonymously, copyright protection can extend for up to 60
years from the beginning of the year following the year of their initial publication.

However, if the author’s identity is revealed before this sixty-year period of

copyright protection, the countdown stops, and the remaining copyright duration is
calculated from the beginning of the year following the year of the author’s death.

Identities of Co-authors are disclosed – In the case of co-authored anonymous or

pseudonymous works if the identity of one or more co-authors is disclosed before the 60-year
mark, the same principle applies. The countdown stops, and the remaining copyright duration
is calculated from the beginning of the year following the death of the last co-author whose
identity was disclosed.

This provision ensures clear and precise guidelines for determining the term of
copyright protection for anonymous or pseudonymous works, promoting transparency in
copyright law and protecting the rights of both authors and the public. It prevents the
exploitation of loopholes that might have allowed perpetual anonymity to extend copyright
protection indefinitely.

COPYRIGHT UNTIL SIXTY YEARS FROM THE BEGINNING OF THE CALENDAR

YEAR FOLLOWING THE YEAR IN WHICH THE WORK IS PUBLISHED [SECTION
24-SECTION 291

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 1. POSTHUMOUS WORK [SECTION 24]

According to Section 24, if the author of literary, dramatic, musical works, or engravings
dies before they are published, section 24 specifies that the copyright will last for sixty years
from the beginning of the calendar year immediately following the year in which the work is
first published.

In cases where an adaptation of this work is published before the author’s death, the sixty-
year period is calculated from the beginning of the calendar year following the year of the
adaptation’s publication.

This provision ensures that even if an author passes away before their work is
published or an adaptation of the work is published earlier, the work still receives
copyright protection for a reasonable duration. This helps protect the rights and interests
of the author and their heirs in such situations.

2. CINEMATOGRAPH FILMS [SECTION 26]

In the case of cinematograph films, the copyright term is slightly different. It lasts for
60 years from the beginning of the calendar year immediately following the year in which the
work is first published.

This provision is intended to protect the interests of film producers and creators in the
realm of cinema.

3. SOUND RECORDINGS [SECTION 27]

Sound recordings, a vital part of the music industry, are granted copyright protection
for 60 years from the beginning of the calendar year immediately following the year in which
the work is first published.

Similar to cinematograph films, this term aims to safeguard the rights of those
involved in the creation and distribution of sound recordings.

4. GOVERNMENT WORKS [SECTION 28]

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 In the case of Government works, the government is considered the first owner of the
copyrighted work, and the copyright lasts for sixty years from the beginning of the
calendar year that comes after the year in which the work is initially published.

5. WORKS OF PUBLIC UNDERTAKING [SECTION 28A]

Under Section 28A, when a public undertaking holds the first ownership, the
copyright remains in effect until 60 years from the beginning of the calendar year
following the year when the work is first published.

6. WORKS OF THE INTERNATIONAL ORGANISATION [SECTION 29]

In the case of works of any international organizations that are covered under Section
41 of the Copyright Act, the copyright protection will last for a period of 60 years from
the beginning of the calendar year immediately following the year in which the work is first
published.

VI. REGISTRATION OF COPYRIGHT

Copyright registration is not mandatory for copyright protection under most copyright
laws, including in India. However, there are several significant advantages of getting a work
registered:

1. Prima Facie Evidence of Ownership Registration serves as prima facie evidence of the
particulars entered in the register, such as the date of creation and the identity of the
author/owner. This creates a legal presumption of ownership that can help in infringement
cases.

2. Public Notice Registration puts the general public on constructive notice of the copyright
claim. This can help deter potential infringers.

3. Entitlement to Claim Statutory Damages In case of infringement, if the work is

registered, the owner becomes entitled to claim enhanced statutory damages in addition to
actual damages.

4. Easy to Establish Infringement Registration makes it easier to establish copying of the

work, as access can be presumed if the work is registered.

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5. Allows Easy Transfer of Rights A registered work makes transferring/assigning rights
easier as the copyright ownership is clearly documented.

6. Enables Seeking Injunctive Relief Registration is typically required to seek blocking

injunctive relief against infringers in many jurisdictions.

7. Official Record

It creates an official public record of the copyright particulars, authorship details and date of
creation.

While not compulsory, copyright registration provides significant legal

advantages and is recommended to comprehensively protect one's creative works.

The following people are entitled to submit an application to get a copyright:

The Author: The author of the work is:

1. Either the person who actually created the work, or

2. If made during the scope of employment, then the employer. This is considered as
‘work made for hire’.

3. Such an author is legally allowed to get a copyright for his/her work.

Owner of Exclusive Rights: The copyright law can grant a person exclusive rights to control
the use and distribution of an original work. These rights include the right to reproduce or
make copies of the original work, the right to distribute copies of the work, the right to
publicly display the work, the right to perform the work and the right to alter the work and
make derivatives of the original work. The owner of such exclusive rights is permitted to
apply for registering his or her claim in the work.

The Copyright Claimant: This is either:

1. The author, or

2. A person or an organization that has obtained ownership rights from the author
through a written contract, will etc.

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The Authorised Agent: This refers to any person authorized to act on behalf of either:

1. The author, or

2. The copyright claimant, or

3. The owner of an exclusive right.

It must also be mentioned here that there is no age bar for getting a copyright and a
minor is also entitled to register a copyright. This is because copyright law recognised
creativity and understands that age cannot be a restriction on creativity. Also, in case the
work is created by two or more people then the creators of the work are co-owners unless
they have agreed otherwise.

Essential Documents Required for Copyright Registration

Before we discuss the procedure which you must follow if you want to get your work
registered under the Act we must look into the essential documents that you require for
smooth registration.

Though there are some special requirements for different kinds of work, broadly the essential
requirements are:

 3 copies of the work if the work is published;

 If the work is not published, then 2 copies of manuscripts;

 If the application is being filed by an attorney, then special power of attorney or

vakalatnama signed by the attorney and the party;

 Authorization in respect of work, if the work is not the work of the applicant;

 Information regarding the title and language of the work;

 Information regarding the name, address and nationality of the applicant;

 Applicant must also provide his mobile number and email address;

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  If the applicant is not the author, a document containing the name, address and
nationality of the author, and if the author is deceased, the date of his death;

 If the work is to be used on a product, then a no-objection certificate from the

trademark office is required;

 If the applicant is other than the author, a no-objection certificate from the author
is required. In this case, an authorization of the author may also be required;

 If a person’s photo is appearing in the work, then a no-objection certificate from

such person is required;

 In case the publisher is not the applicant, a no-objection certificate from the
publisher is required;

 If the work is published, the year and address of first publication is also required;

 Information regarding the year and country of subsequent publications;

 In case of copyright is for software, then source code and object code are also
required.

Procedure for Registering a Copyright

Now that we understand who is entitled to get a copyright and what essential
documents they must have to get it registered, let’s see how you can register your original
work with the copyright registrar under Chapter X of the Indian Copyright Act,1957 and Rule
70 of the Copyright Rules’ 2013.

The steps involved in the registration process are:

Step 1: File an Application

In the first step :

 The author of the work, copyright claimant, owner of an exclusive right for the
work or an authorized agent file an application either physically in the copyrights
office or through speed/registered post or through e-filing facility available on the
official website (copyright.gov.in).

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  For registration of each work, a separate application must be filed with the
registrar along with the particulars of the work. Along with this, the requisite fee
must also be given, Different types of work have different fees.

For example, getting the copyright for an artistic work registered, the application fees
is INR 500, while for getting the copyright for a cinematograph film registered is INR 5000.
The application fees range from INR. 5000 to INR. 40000. It can be paid through a demand
draft (DD) or Indian postal order (IPO) addressed to the Registrar of Copyright Payable at
New Delhi or through e-payment facility. This application must be filed with all the essential
documents.

At the end of this step, the registrar will issue a dairy number to the applicant.

Step 2: Examination

In the next step, the examination of the copyright application takes place.

Once the dairy number is issued, there is a minimum 30 days waiting period. In this
time period, the copyright examiner reviews the application. This waiting period exists so
that objections can arise and be reviewed. Here the process gets divided into two segments:

 In case no objections are raised, the examiner goes ahead to review and scrutinize
the application to find any discrepancy.

1. If there is no fault and all the essential documents and information is

provided along with the application, it is a case of zero discrepancies. In
this case, the applicant is allowed to go forward with the next step.

2. In case some discrepancies are found, a letter of discrepancy is sent to

the applicant. Based upon his reply, a hearing is conducted by the
registrar. Once the discrepancy is resolved, the applicant is allowed to
move forward to the next step.
 In case objections are raised by someone against the applicant, letters are sent out
to both parties and they are called to be heard by the registrar.

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 1. Upon hearing if the objection is rejected, the application goes ahead for
scrutiny and the above-mentioned discrepancy procedure is followed.

2. In case the objection is not clarified or discrepancy is not resolved, the

application is rejected and a rejection letter is sent to the applicant. For
such applicant, the copyright registration procedure ends here.
Step 3: Registration

 The final step in this process can be termed as registration. In this step, the registrar
might ask for more documents. Once completely satisfied with the copyright claim
made by the applicant, the Registrar of Copyrights would enter the details of the
copyright into the register of copyrights and issue a certificate of registration.
 The process registration of copyright completes when the applicant is issued the
Extracts of the Register of Copyrights (ROC).

Creativity is the most essential requirement to enable progress in society. Encouraging

creativity enables economic and social development of a society. Copyright protects the
creativity of people and becomes a source of motivation for the artists, authors, etc.
Registering your work with the Registrar of Copyrights provides you with the right to
reproduce it, the right to adapt the work, right to paternity and right to distribute the work.

Though it looks easy, the copyright registration process is a lengthy but important process
which can take up to 10 to 12 months. It is always advisable to get your copyright registered.
This is because it can go a long way in protecting your rights for years, even after your
death.

Once your copyright is registered, it becomes much easier to move to the court and get
the person who illegally copied your work punished. To provide adequate protection to
copyright holders, the Copyright Act, 1957 provides imprisonment from six months to three
years and a fine of not less than INR 50,000 in case your right is infringed by someone.

VII. COPYRIGHT OFFICE

Section 9 of the Copyright Act requires for establishment of an office to be called the
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Copyright Office for the purpose of the Act. The Copyright Office is to be under the
immediate control of a Registrar of Copyrights to be appointed by the Central Government,
who would act under the superintendence and directions of the Central Government. The
Copyright Office is currently located at the following address:

Boudhik Sampada Bhawan,

Plot No. 32, Sector 14, Dwarka,
New Delhi-110078
Telephone No.: 011-28032496

Functions of the Copyright Office

 Registration of copyright works: The Copyright Office is responsible for the

registration of various types of copyright works, including literary, musical, and
artistic works.

 Issuance of copyright certificates: Upon registration, the Copyright Office issues

a copyright certificate to the owner of the work, which serves as legal proof of
ownership and facilitates enforcement of copyright infringement.

 Copyright information services: The Copyright Office provides information on

copyright law, registration procedures, and other related matters to the public.

 Maintenance of copyright records: The Copyright Office maintains a register of

copyright works and related information, which is accessible to the public.

VIII. COPYRIGHT BOARD OF INDIA

Do you know the significant role of the ‘copyright board India’ to protect the content
in the media?

Navigating the intricate dynamics of intellectual property rights can be a challenging task.

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In India, these rights, particularly copyrights, are safeguarded and administered by a key
governmental body known as the Board.

Established under the Copyright Act of 1957, the Board serves as an essential regulatory
authority overseeing the enforcement of laws, dispute resolution, and setting the tariffs for
the use of copyrighted works in the country.

Delving into the realm of the Copyright Board India will provide crucial insights into the
Indian landscape, ensuring creators and users alike understand their rights and
responsibilities.

Join us as we explore the workings, functions, and importance of the Copyright Board India
in safeguarding and promoting intellectual property rights.

Indian Copyright Board

The Indian Board is a pivotal regulatory body associated with the implementation and
enforcement of laws in India.

It operates under the aegis of the Copyright Act of 1957 and plays an instrumental role in
shaping the environment in the country.

The functions of the Indian Board include, but are not limited to:

Adjudication of Disputes

The copyright board India has the authority to handle cases relating to the infringement of
law.

This includes disputes over unauthorised usage, ownership issues, and disagreements related
to licensing.

Adjudication of Disputes

The Copyright Board India sets the tariffs for the use of copyrighted works, including literary,
dramatic, musical, and artistic works.

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This aids in the standardisation of royalty rates and provides clarity for holders and users
alike.

Registration of Copyright Societies

The Copyright Board India also approves and oversees the functioning of societies, which are
organisations that protect and manage the rights of creators on their behalf.

Compulsory and Statutory Licensing

In certain situations, the Copyright Board India has the power to grant compulsory or
statutory licenses for copyrighted works, even without the permission of the owner.

This usually happens in cases where it’s in the public interest to do so.

However, with the Amendment Act 2012, the functions of the Copyright Board India have
been merged with the Intellectual Property Appellate Board (IPAB) to streamline the
adjudicatory process related to disputes.

The Indian Board/IPAB plays a crucial role in upholding and promoting the rights of
creators, thereby fostering a conducive environment for creativity and innovation.

Functions of Copyright Board India

The Copyright Board, or in some jurisdictions, an equivalent body, performs several critical
functions related to the enforcement, administration, and interpretation of law.

Here are some of the key functions of such a Copyright Board India:

1. Adjudication of Certain Disputes: The Board serves as a quasi-judicial body that

adjudicates certain disputes related to law. This includes conflicts over infringement,
ownership issues, and disagreements regarding licenses and assignments of copyright.
2. Setting Royalty Rates and Tariffs: One of the important responsibilities of the
Board is to determine the rates at which royalties will be paid for the use of
copyrighted works in specific scenarios, including broadcasting, performance, and
reproduction.

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 3. Compulsory and Statutory Licensing: The Board has the power to grant
compulsory or statutory licenses under certain circumstances. This involves allowing
the use of a copyrighted work without the holder’s permission, usually in situations
where it’s deemed to be in the public interest.
4. Review of Societies: The Board has oversight over societies, which are organisations
that protect and manage the rights of creators on their behalf. It may regulate their
functioning and approve their tariffs.
5. Revisional Powers: In some jurisdictions, the Board can revise decisions made by
the Registrar of Copyrights, providing a means of appeal for registration decisions.

Power and Function of the Registrar of Copyright

The Registrar of Copyrights is a crucial role appointed under the provisions of the Act.

This position oversees the operations of the office, which involves a range of duties and
responsibilities.

The specifics can vary from country to country, but the general powers and functions of the
Registrar of Copyrights typically include:

1. Registration of Works: The most prominent function of the Registrar of Copyrights

is to maintain a public register of copyrighted works. This includes processing
applications, issuing certificates of registration, and keeping records of all works that
have been registered.
2. Enforcement: The Registrar can have a role in the enforcement of copyright laws,
potentially working in cooperation with other governmental bodies to ensure that the
rights of copyright holders are upheld and that any instances of infringement are dealt
with appropriately.
3. Regulation of Copyright Agents: The Registrar of Copyrights often oversees the
certification and regulation of agents – professionals who represent applicants in their
dealings with the office.
4. Administrative Decisions: The Registrar can make certain administrative decisions,
such as the rejection or approval of applications. They might also handle disputes
related to the authorship and ownership of a work, subject to review by a board or
court.

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 5. Public Awareness and Education: The Registrar often plays a role in increasing
public awareness and understanding of laws, by publishing guides, brochures, and
holding seminars or workshops.
6. Policy Advice: The Registrar may be involved in providing advice to the government
on policy matters and potential legislative changes related to law.

In some jurisdictions, the Registrar also has additional powers related to issues like
compulsory licensing and the handling of royalties for certain types of copyrighted works.

As the chief administrative officer of the office, the Registrar of Copyrights plays a key role
in the implementation and administration of law.

Procedure in Application for Registration in Copyright Board India

The process of applying for copyright registration in India is managed by the Office under the
Ministry of Commerce and Industry, Department for Promotion of Industry and Internal
Trade, Intellectual Property Office.

Here are the steps to apply:

1. Prepare Your Application: You need to complete the appropriate form from the
Office’s website, depending on the nature of the work. The form will ask for details
about the work, the author, and the owner of the copyright (if different from the
author).
2. Pay the Fee: You need to pay the application fee, which depends on the type of work.
Payment can typically be made online.
3. Submit the Application: You can submit the form and fee online through the
Copyright Office’s website. Along with the application, you must also submit two
copies of the work.
4. Diary Number: Once the application is filed successfully, a Diary Number will be
issued, which you can use to track the status of your application.
5. Examination: The Copyright Office will examine the application to ensure it is
complete and meets all requirements. If there are objections or discrepancies, you will
be given a chance to correct them.

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 6. Registration: If there are no objections within 30 days (public notice period) from the
date of application, or if the objections raised have been cleared, the work is then
entered into the Register of Copyrights and the certificate of registration is issued.

Remember, copyright is automatically conferred upon creation of a work in a tangible form.

COPYRIGHT SOCIETY

A copyright society is a registered collective administration society under Section 33 of

the Copyright Act, 1957. Such a society is formed by authors and other owners. The
minimum membership required for registration of a society is seven. Ordinarily, only one
society is registered to do business in respect of the same class of work. A copyright society
can issue or grant licences in respect of any work in which copyright subsists or in respect of
any other right given by the Copyright Act.

The business of issuing or granting license in respect of literary, dramatic, musical and
artistic works incorporated in a cinematograph films or sound recordings shall be carried out
only through a copyright society duly registered under this Act. This is a kind of compulsory
collective licensing for managing of performing rights. The registration granted to a
copyright society shall be for a period of five years and may be renewed from time to time
before the end of every five years on a request in the prescribed form and the Central
Government may renew the registration after considering the report of Registrar of
Copyrights on the working of the copyright society under section 36.

The renewal of the registration of a copyright society shall be subject to the continued
collective control of the copyright society being shared with the authors of works in their
capacity as owners of copyright or of the right to receive royalty. Every copyright society
already registered before the Copyright (Amendment) Act, 2012 came into existence shall get
itself registered under this Chapter within a period of one year from the date of
commencement of the Copyright (Amendment) Act, 2012.

Functions of a copyright society:

Conditions subject to which a copyright society may issue licences, collect fees and
distribute such fees.

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 (1) A copyright society may issue licences and collect fees in accordance with its
Scheme of Tariff in relation to only such works as it has been authorised to administer in
writing by the authors and other owners of rights and for the period for which it has been so
authorised.

(2) The distribution of fees collected shall be subject to a deduction not exceeding
fifteen per cent of the collection on account of administrative expenses incurred by the
copyright society. Administration of rights of owner by copyright society (Section 34 of
Copyright Act,1957) (1) (a) a copyright society may accept from an author and other owner
of rights exclusive authorisation to administer any right in any work by issue of licences or
collection of licence fees or both; and (b) an author and other owner of rights shall have the
right to withdraw such authorisation without prejudice to the rights of the copyright society
under any contract.

(3) It shall be competent for a copyright society to enter into agreement with any
foreign society or organisation administering rights corresponding to rights under this Act, to
entrust to such foreign society or organisation the administration in any foreign country of
rights administered by the said copyright society in India, or for administering in India the
rights administered in a foreign country by such foreign society or organisation:

Provided that no such society or organisation shall permit any discrimination with
regard to the terms and conditions of licence or the distribution of royalties so collected,
between the Indian Copyright Holders as well as other right holders.

(4) Subject to such conditions as may be prescribed, a copyright society may‐

(i) issue licences under section 30 in respect of any rights under this Act;

(ii) collect fees in pursuance of such licences;

(iii) distribute such fees among author and other owners of rights after making deductions for
its own expenses;

34
(iv) perform any other functions consistent which the provisions of section 35. Control over
the copyright society by the authors and other owner of rights. ‐ (Section 35 of Copyright
Act,1957)

(1) Every copyright society shall be subject to the collective control of the author and other
owners of rights under this Act whose rights it administers (not being author and other
owners of rights under this Act administered by a foreign society or organisation referred to
in sub‐section (2) of section (34) and shall, in such manner as may be prescribed,‐

(a) obtain the approval of such owners of rights for its procedures of collection and
distribution of fees;

(b) obtain their approval for the utilisation of any amounts collected as fees for any purpose
other than distribution to the owner of rights; and

(c) provide to such owners regular, full and detailed information concerning all its activities,
in relation to the administration of their rights.

(2) All fees distributed among the owners of rights shall, as far as may be, be distributed in
proportion to the actual use of their works.

(3) Every copyright society shall have a governing body with such number of persons elected
from among the members of the society consisting of equal number of authors and owners of
wax for the purpose of the administration of the society as may be specified.

(4) All members of copyrights society shall enjoy equal membership rights and there shall be
no discrimination between authors and owners of rights in the distribution of royalties.

Meeting of copyright societies:

(1) Every copyright society shall hold a General Body meeting of all its members as its
annual General Body meeting before the 31st day of March every year.

(2) A special meeting of the General Body called extra ordinary General Body meeting of all
its members may also be held, if considered necessary, by two thirds majority of the
Governing Council.

35
(3)The meetings of General Body and Governing Council shall be held in the town or city in
which its registered office is situated or such other convenient place as decided by the
Chairman of the society.

(4) The notice for General Body meeting shall be issued before twenty ‐one days of the
meeting and it shall and specify the agenda, time, date and address of the venue of the
meeting and the same shall be posted on the website of the society.

(5) Every member of the society shall have equal voting rights in the General Body meetings.

(6) There shall be no discrimination between members who are authors and other owners of
right.

(7) Quorum for meetings of the General Body shall be one third of the total members and in
case of lack of quorum the meeting may be adjourned for thirty minutes and then members
present shall constitute quorum.

(8) Quorum for the meetings of the Governing Council shall be one third of its total members
other than the Chairman with equal number of authors and other owners.

(9)The Registrar of Copyrights shall be invited as an observer to all General Body meetings.
The Registrar or his authorised representative on his behalf may attend the said meeting.

IX. CONCLUSION

After discussing the copyright law in India by delving into the meaning of copyright,
copyrightable works, the concept of ownership, rights and term of copyright, and registration
process, copyright office, copyright board, and copyright societies and their functions, it can
be concluded that the road ahead for copyright protection in India involves a strategic
approach that encompasses legal, technological, educational, and international dimensions.
Legal reforms in the way of modernizing the Copyright Act of 1957 to address issues related
to digital piracy, AI-generated content, and other technological advancements, and
establishing more precise fair use guidelines to reduce ambiguity and ensure that both
creators and users understand their rights and limitations are all the need of the hour. Further
from the aspect of enforcement mechanisms, stricter penalties for copyright infringement
would serve as a stronger deterrent and streamlining judicial processes to reduce delays in
adjudicating copyright cases can be carried out.

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 Hence India can focus on creating a robust framework for copyright protection that
supports the rights of creators, deters infringement, and adapts to the evolving digital
landscape. This comprehensive approach will help in fostering a vibrant and sustainable
creative economy in the country.

BIBLIOGRAPHY AND REFERENCES

1. The Copyright Act 1957.

2. Elizabeth Verkey, INTELLECTUAL PROPERTY, EBC Publications (2015).
3. P. Narayanan, LAW OF COPYRIGHT.
4. Justice Prathiba M. Singh, Evolution of Copyright Law: The Indian Journey,
Indian Journal of Law and Technology (2020).
5. Vijendra Vikram Singh Paul, Rights of Ownership under Indian Copyright
Law, MANUPATRA (13 Feb 2004).
6. Study Material for IPR II, KLE Law Academy, Compiled by Dundappa B.
Solapure.
7. A Hand Book of Copyright Law, Government of India,
https://www.aswal.com/userfiles/A%20Hand%20Book%20on%20Copyright
%20Law%20by%20MHRD,%20Govt%20of%20India.pdf
8. Meaning, Object and Scope of Copuright,
https://egyankosh.ac.in/bitstream/123456789/51640/1/Unit-5.pdf
9. Copyright Law in India,
https://egyankosh.ac.in/bitstream/123456789/7092/1/Unit-7.pdf
10. The Summary of the Copyright Act, 1957, https://rgu-website.s3.ap-south-
1.amazonaws.com/wp-content/uploads/2021/02/06124952/Copyright-Study-
Material.pdf
11. https://economictimes.indiatimes.com/definition/copyright
12. https://noteguilty.com/notes/ipr/copyright-law-works-in-which-copyright-
subsists
13. https://copyright.gov.in/
14. https://www.linkedin.com/pulse/evolution-functioning-copyright-societies-
india/

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15. https://www.linkedin.com/pulse/copyright-registration-india-complete-guide-
theadviso-d63bc/

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