COPYRIGHT LAW IN INDIA

SCOPE OF COPYRIGHT-SECTION 13
13. Works in which copyright subsists.—
(1) Subject to the provisions of this section and the other provisions of this Act,
copyright shall subsist throughout India in the following classes of works, that is to
say,—
(a) original literary, dramatic, musical and artistic works;
(b) cinematograph films; and
(c) sound recording.
Section 2(y) “work” means any of the following works, namely:— (i) a literary, dramatic,
musical or artistic work; (ii) a cinematograph film; (iii) a [sound recording]
[(o) “literary work” includes computer programmes, tables and compilations including
computer [databases];]
[(p) “musical work” means a work consisting of music and includes any graphical notation of
such work but does not include any words or any action intended to be sung, spoken or
performed with the music;]
(c) “artistic work” means,— (i) a painting, a sculpture, a drawing (including a diagram, map,
chart or plan), an engraving or a photograph, whether or not any such work possesses artistic
quality; (ii) a [work of architecture]; and (iii) any other work of artistic craftsmanship;
(h) “dramatic work” includes any piece for 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;
(f) “cinematograph film” means any work of visual recording 5 [***] 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;
(xx) “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 produced;]
[(xxa) “visual recording” means the recording in any medium, by any method
including the storing of it by any electronic means, of moving images or of the
representations thereof, from which they can be perceived, reproduced or
communicated by any method.]
WHO CAN CLAIM COPYRIGHT
(2) Copyright shall not subsist in any work specified in sub-section (1), other than a
work to which the provisions of section 40 or section 41 apply, unless,—
(i) in the case of a published work, the work is first published in India, or where the
work is first published outside India, the author is at the date of such publication, or in
a case where the author was dead at that date, was at the time of his death, a
citizen of India;
(ii) in the case of an unpublished work other than a work of architecture, the author is
at the date of the making of the work a citizen of India or domiciled in India; and
(iii) in the case of work of architecture, the work is located in India.
Explanation.— In the case of a work of joint authorship, the conditions conferring
copyright specified in this sub-section shall be satisfied by all the authors of the work.
COPYRIGHT IN CONCEPT NOTES
Anil Gupta v. Kunal Dasgupta (2002) Delhi 379
The Delhi High Court laid down that an idea per se has no copyright. But if the idea
is developed into a concept fledged with adequate details, then the same is capable
of registration under the Act and that the Laws must ensure that persons who create
an idea / concept or theme which is original are rewarded for their labour.

Baker v Selden 101 US 99 (1879)

A seminal case on the issue of copyrightable subject matter decided by the Supreme
Court. The decision denied copyright protection to an accounting form on the ground
that functional methods and systems are not proper subject matter of copyright and
could only be protected by a patent.
IS COPYRIGHT AVAILABLE IN-
1. Words or slogans?- Yeh dil maange more Pepsico Inc. V. Hindustan Coca Cola
2001 PT C699 (Del)
2. Titles
3. Fictional Characters
4. Computer Programmes
OWNERSHIP OF COPYRIGHT
17. First owner of copyright.— Subject to the provisions of this Act, the author of a
work shall be the first owner of the copyright therein.
RIGHTS IN COPYRIGHT
ECONOMIC RIGHTS
14. Meaning of Copyright.— For the purposes of this Act, “copyright” means the
exclusive right subject to the provisions of this Act, to do or authorise the doing of any
of the following acts in respect of a work or any substantial part thereof, namely:—
(a) in the case of a literary, dramatic or musical work, not being a computer
programme,—
(i) to reproduce the work in any material form including the storing of it in any
medium by electronic means; (ii) to issue copies of the work to the public not being
copies already in circulation; (iii) to perform the work in public, or communicate it to
the public; (iv) to make any cinematograph film or sound recording in respect of the
work; (v) to make any translation of the work; (vi) to make any adaptation of the
work; (vii) to do, in relation to a translation or an adaptation of the work, any of the
acts specified in relation to the work in sub-clauses (i) to (vi);
(b) in the case of a computer programme,—
(i) to do any of the acts specified in clause (a);
[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any
copy of the computer programme:
Provided that such commercial rental does not apply in respect of computer
programmes where the programme itself is not the essential object of the rental.]
(c) in the case of an artistic work,— [(i) to reproduce the work in any material form
including— (A) the storing of it in any medium by electronic or other means; or (B)
depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-
dimensions of a three-dimensional work;]
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(vi) to do in relation to adaptation of the work any of the acts specified in relation to
the work in sub-clauses (i) to (iv);
(d) in the case of a cinematograph film,— 3 [(i) to make a copy of the film,
including— (A) a photograph of any image forming part thereof; or (B) storing of it
in any medium by electronic or other means;] 4 [(ii) to sell or give on commercial
rental or offer for sale or for such rental, any copy of the film;](iii) to communicate
the film to the public; (e) in the case of a sound recording,— (i) to make any other
sound recording embodying it 1 [including storing of it in any medium by electronic or
other means]; 2 [(ii) to sell or give on commercial rental or offer for sale or for such
rental, any copy of the sound recording;] (iii) to communicate the sound recording to
the public.
MORAL RIGHTS- RIGHT OF PATERNITY AND RIGHT
OF INTEGRITY
57. Author’s special rights.—
[(1) Independently of the author’s copyright and even after the assignment either wholly or
partially of the said copyright, the author of a work shall have the right— (a) to claim
authorship of the work; and
(b) to restrain or claim damages in respect of any distortion, mutilation, modification or other
act in relation to the said work if such distortion, mutilation, modification or other act would be
prejudicial to his honour or reputation:
Provided that the author shall not have any right to restrain or claim damages in respect of
any adaptation of a computer programme to which clause (aa) of sub-section (1) of section
52 applies.
Explanation.— Failure to display a work or to display it to the satisfaction of the author shall
not be deemed to be an infringement of the rights conferred by this section.
(2) The right conferred upon an author of a work by sub-section (1), may be exercised by the
legal representatives of the author.
MANNU BHANDARI V. KALA VIKAS PICTURES PVT. LTD. AND ANR.1987 (7) PTC 87
(DEL)

The basic question before the Court was how to balance the author’s freedom of expression with
that of the director in the field of art. The Court agreed with the trial Court to as much that some
changes are inevitable when a novel is being converted into a motion picture, but held that such
changes or modifications should not convert the work into an entirely new version of the original
work. The modifications should not distort or mutilate the original novel. The main theme, the
situations and the main characters of the novel must be untouched.
To answer the question, the Court interpreted the scope of Section 57 of the Copyright Act, 1957
and held that the section gives special rights to the author beyond the material gains of copyright.
These rights are independent of the author’s copyright and the remedies open to the author under
Section 55.
The fact that remedies can be claimed even after an assignment has been made, highlights the
special protection of the intellectual property. Thus, Section 57 has an overriding effect over the
terms of the contract of assignment of a copyright. Hence, the contract of assignment between the
parties must be read subject to the rights given to an author under Section 57. A contract cannot
negate the special rights and remedies available to an author under the section. The right of the
Appellant/assignor to seek a remedy under the section does not stand waived by the assignment.
AMAR NATH SEHGAL V. UNION OF INDIA, 2005
(30) PTC 253 (DEL)
Amarnath Sehgal, a well-known sculptor, was commissioned to prepare a mural by the Indian
Government for the Vigyan Bhavan. The mural was created over a period of 5 years and was
displayed in 1962. The Government decided to remove the murals installed on the walls of
Vigyan Bhavan and store the said mural in a storage space of the building due to ongoing
renovations and failed to notify or seek authorization from Amarnath. The mural was also
slightly damaged due to mishandling and negligence. Amarnath sued the Government over the
mistreatment of his mural, claiming it to be a violation of his moral rights.
Issues: Whether the author had rights over the display of his work post-sale under moral rights
provisions?
Law Involved: Section 57 of the Copyrights Act, 1957.
Analysis: While holding that moral rights form the soul of an author's work, the Court clarified that
these could not be taken away from the author regardless of the work’s sale. The destruction and
mutilation of work were held to be an infringement of the author’s moral rights.
The Government argued that once the sale was complete and due consideration had been paid, it
had the power to utilize the work as it deemed fit, including its decision to remove the work from
public display. However, the Court did not accept this argument and emphasized that the mutilation
and part destruction of the mural was prejudicial to the reputation of the author itself, regardless
of who is the owner. Therefore, the author was awarded a compensation of Rs.5,00,000/- and
ordered that the remains of the mural be delivered to Amarnath for the purpose of restoration and
further, sale.
RELATED RIGHTS
BROADCAST REPRODUCTION RIGHT
37. Broadcast reproduction right.—
(1) Every broadcasting organisation shall have a special right to be known as
“broadcast reproduction right” in respect of its broadcasts.
(2) The broadcast reproduction right shall subsist until twenty-five years from the
beginning of the calendar year next following the year in which the broadcast is
made.
3)During the continuance of a broadcast reproduction right in relation to any broadcast,
any person who, without the licence of the owner of the right does any of the following acts of
the broadcast or any substantial part thereof,—
(a) re-broadcast the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any charges; or
(c) makes any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such initial
recording was done without licence or, where it was licensed, for any purpose not envisaged
by such licence; or
[(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound
recording or visual recording referred to in clause (c) or clause (d)].] shall, subject to the
provision of section 39, be deemed to have infringed the broadcast reproduction right.
PERFORMER'S RIGHTS
(qq) “performer” includes an actor, singer, musician, dancer, acrobat, juggler, conjurer,
snake charmer, a person delivering a lecture or any other person who makes a
performance;] 5 [Provided that in a cinematograph film a person whose performance
is casual or incidental in nature and, in the normal course of the practice of the
industry, is not acknowledged anywhere including in the credits of the film shall not be
treated as a performer except for the purpose of clause (b) of Section 38B;]
38. Performer’s right.— (1) Where any performer appears or engages in any
performance, he shall have a special right to be known as the “performer’s right” in
relation to such performance. (2) The performer’s right shall subsist until [fifty years]
from the beginning of the calendar year next following the year in which the
performance is made.
38A. Exclusive right of performers.— (1) Without prejudice to the rights conferred on authors,
the performer’s right which is an exclusive right subject to the provisions of this Act to do or
authorise for doing any of the following acts in respect of the performance or any substantial
part thereof, namely:—
(a) to make a sound recording or a visual recording of the performance, including— (i)
reproduction of it in any material form including the storing of it in any medium by electronic
or any other means;
(ii) issuance of copies of it to the public not being copies already in circulation;
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy
of the recording;
(b) to broadcast or communicate the performance to the public except where the performance
is already broadcast.
(2) Once a performer has, by written agreement, consented to the incorporation of
his performance in a cinematograph film he shall not, in the absence of any contract
to the contrary, object to the enjoyment by the producer of the film of the performer’s
right in the same film: Provided that, notwithstanding anything contained in this sub-
section, the performer shall be entitled for royalties in case of making of the
performances for commercial use.]
FORTUNE FILMS INTERNATIONAL V. DEV ANAND AIR 1979 BOM 17 (DB)
STAR INDIA PVT. LTD. V PIYUSH AGARWAL, 2013 (54) PTC 222 (DEL)
38B. Moral rights of the performer.— The performer of a performance shall, independently of
his right after assignment, either wholly or partially of his right, have the right,—
(a) to claim to be identified as the performer of his performance except where omission is
dictated by the manner of the use of the performance; and
(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of
his performance that would be prejudicial to his reputation.
Explanation.—For the purposes of this clause, it is hereby clarified that mere removal of any
portion of a performance for the purpose of editing, or to fit the recording within a limited
duration, or any other modification required for purely technical reasons shall not be deemed
to be prejudicial to the performer’s reputation.