COPYRIGHT IN INDIA

What is Copyright?

Copyright is a type of intellectual property protection which aims at safeguarding the original artwork or expression of the creator, but not the idea — for a limited period of time. The expression can be in the form of original literary, dramatic, musical or any artistic work, a cinematograph or a sound recording. The owner of the copyright has some exclusive rights to prevent any kind of use or misuse like unauthorized reproduction or distribution of the property.

Which legislation and regulations form the basis of the Copyright Law in India?

1. The Copyright Act 1957
2. The Copyright Rules 1958
3. The Copyright (Amendments) Act 2012
4. Berne Convention
5. Universal Copyright Convention
6. International Copyright Order 1999
7. Information and Technology Act

How to get a Copyright?

It is not mandatory to undergo any type of registration because copyright is enforced on a piece of work the moment it is created and originally given a material form. However, one can register copyright because the copyright certificate can act as a prima facie evidence in case of ownership disputes and thus help is resolving the problem.

What accounts for Copyright Infringement?

Copyright Infringement refers to violating the copyright by using the work of the owner without permission and due credits, intentionally or unintentionally. While usually there are civil remedies available in case of copyright infringement, criminal remedies may be charged in case of intentional violation and might lead to imprisonment of not less than six months extending to three years. Heavy fines are usually imposed in case of the infringement.

What all doesn’t account for Copyright Violation?

The list is long. With due credits, licenses and permissions one can use all the work available, however there are certain acts, which do not account for copyright infringement in India at all. One can use work without violating copyright in case of ‘fair use’ purposes like research, commentary, review, criticism, reporting, private use, reading/reciting an extract from published literary work, amateur performance in front of non-paying audiences, etc.

How is Plagiarism different from Copyright Infringement?

The terms Plagiarism and Copyright Infringement are often used interchangeably, however no matter how overlapping, both of them are not the same. As cases which account for plagiarism include ideas along with the work expression but same is not the case with copyright infringement which is strictly limited to original expression of the owner. Also, it is not really necessary that the owner of the copyright is also the one who created the artwork. Plagiarism on the other hand goes directly against the creator. More often than not plagiarism is covered under the copyright laws but it is important to not confuse between the two words.

How to avoid Copyright Infringement

Here are some important notes on how not to infringe copyright:

1. Even if copyright symbol or disclaimer is not mentioned, look for the license of the work to get due permission before using it.
2. Read the rules of usage and do the needful payment or attribution.
3. Cite the sources and give due credits even if using for non-commercial purposes.
4. Pre-assume that everything is copyrighted, including all the work available on internet
5. Try creating your own original work as much as possible.
6. Copyright usually lasts for 60 years post the death of the creator, so one can always rely on classics.

What factors determine Fair Use and Fair Dealing?

The following factors are considered to exempt someone from copyright infringement.

1. The purpose of use
2. The nature of the work
3. The amount of the work used
4. The effect of use of the work on the original

Where do we usually come across Copyright Infringement?

When we listen to the term copyright we think of words like hyper-citations, paraphrasing, stealing credits, etc. but it goes way beyond it in the market. From piracy of books to movies, everything is copyright infringement. Theft of the original work of a musician or an author is common which violates the intellectual property rights of the original owner. With the development of online mediums, ‘freebooting’ is a new problem coming up. Freebooting refers to unauthorized duplication of online content for example youtube videos and facebook images being republished without due permissions.

What to conclude?

Copyright laws are ever evolving with the advancement in technology and to respect the novelty of ideas and creative expression, one must be extra vigilant while sourcing work from external sources. There are several organisations working along with the government of India to prevent and work against copyright infringement. It is highly recommended to understand the usage rights and run through the licenses, before you pave your way to unintentional trouble.

Read more about the Copyright Law of India at: https://copyright.gov.in/Documents/CopyrightRules1957.pdf