Concept and Legal Basis
Copyright is a legal protection granted to creators of original works, including literary, artistic, musical, software, and other intellectual expressions. In India, it is governed by the Copyright Act, 1957, and aligns with international obligations like the Berne Convention and TRIPS Agreement.
Eligibility for Protection
| Criteria | Explanation |
|---|---|
| Originality | Must be independently created with minimal creativity. |
| Fixation | Work must exist in tangible form (e.g., writing, file). |
| Human Authorship | AI-generated work not protected unless significant human input. |
| Protected Works | Literary, artistic, musical, software, films, etc. |
| Unprotected Works | Ideas, facts, slogans, and procedures are not protected. |
Copyright Registration Process in India
- Application Filing: Submit Form XIV with SOP and SOFP at copyright.gov.in.
- Fee Payment: ₹500–₹5,000 depending on the work type.
- Waiting Period: 30 days for objections or clarifications.
- Certificate Issuance: Upon clearance, certificate is granted.
- Timeline: Usually 2–4 months, depending on objections.
Rights Conferred to the Holder
| Type of Work | Rights Granted |
|---|---|
| Literary, Artistic | Reproduction, performance, publication, public communication |
| Films, Music | Distribution, broadcasting, commercial screening |
| Software | Right to license, modify, and reproduce |
| Moral Rights | Attribution (paternity), and protection against distortion |
Key Doctrines
- Idea–Expression Dichotomy: Only expression is protected, not the idea.
- Fair Use: Allows limited use for education, review, etc.
- Exhaustion: Rights end after first lawful sale.
- Merger Doctrine: Limited expressions of an idea are unprotected.
- Scènes à faire: Generic scenes inherent to a genre aren't protected.
International Treaties
| Treaty | Relevance |
|---|---|
| Berne Convention | Automatic protection without formal registration |
| TRIPS | Sets minimum global IP standards |
| WIPO Copyright Treaty | Extends digital protection globally |
| Rome Convention | Protects broadcasters and performers |
Key Indian Judicial Decisions
- Eastern Book Co. v. D.B. Modak (2008): Originality includes creativity, not just labor.
- R.G. Anand v. Delux Films (1978): Idea–expression doctrine clarified.
- Coca-Cola v. Bisleri (2009): Overlap of copyright and trademark rights.
- Najma Heptulla v. Orient Longman (1989): Author's moral rights upheld.
Copyright vs. Other IP
| Aspect | Copyright | Trademark | Patent |
|---|---|---|---|
| Subject | Original Expression | Brand Identity | Invention |
| Duration | Life + 60 years | 10 years (renewable) | 20 years |
| Registration | Optional | Mandatory | Mandatory |
Digital & Software Protection
Software is protected as literary work. Both source and object code are copyrightable. Compliance with open-source licenses (e.g., MIT, GPL) is necessary. DRM tools and watermarking are widely used for enforcement.
Challenges & Infringements
- Online content scraping and piracy (books, films, software)
- Lack of awareness about fair use and registration
- Weak enforcement in digital environments
- High legal cost for small creators
Legal Remedies
- Civil: Injunctions, damages, and seizure
- Criminal: 3 years imprisonment and fine up to ₹2 lakh (Sec 63)
- Administrative: Takedown notices, domain blocking, etc.
- ADR: Arbitration and mediation for licensing or dispute resolution
Policy Recommendations
- Establish national copyright clearance centers
- AI-authorship regulation and digital enforcement clarity
- Compulsory licensing for research and academic sectors
- Copyright education in schools and universities