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COPYRIGHT DEFINITION AND MEANING

Intellectual Property Rights or IPR are the legal rights to protect the
creative, artistic or inventive works of the individual(s). One of such right is
Copyright.
What Is Copyright?
The word copyright is a mixture of two words – ‘copy’ and ‘right’. To be more
precise copyright means ‘right to copy’, wherein only the creator or his
authorised person has a right to reproduce a work. In simple words, a legal
right which is possessed by the owner of Intellectual property is a copyright.

In order to better understand the concept of copyright the elaboration must

be taken into consideration. With the help of a significant mental or intellectual
ability, when a person creates a unique product that product is viewed to be
original. The unique creations including websites, computer software, musical
lyrics, art, literature, poetry, graphic designs, musical compositions, novels,
original architectural design, films, etc. Further, a copyright is a safeguard
which protects an original work from getting duplicated.

Copyright refers to the legal right of the owner of intellectual property. In

simpler terms, copyright is the right to copy. This means that the original
creators of products and anyone they give authorization to are the only
ones with the exclusive right to reproduce the work.

Copyright law gives creators of original material the exclusive right to

further use and duplicate that material for a given amount of time. Once a
copyright expires, the copyrighted item becomes public domain.

• Copyright law protects creators of original material from

unauthorized duplication or use.
• For an original work to be protected by copyright laws, it has to be in
tangible form.
• In the U.S., the work of creators usually is protected by copyright
laws until 70 years after their death.
• Other forms of protection for property that cannot be copyrighted
include trademarks and patents.
Copyright is the legal right given to an intellectual property owner. As the term
suggests, it is the right to copy. Thus, copyright meaning is that when a person
creates a product, they own the right to it. So, only that individual can have the
exclusive right to reproduce that work or anyone they give authorization to.
Copyright law grants the original creators of the product an exclusive right to use
it further or duplicate the product for a specific time. At this point, the item that
has been copyrighted develops into the public domain.
Copyright Definition
A legal right granted to an intellectual property owner is copyright. It helps
protect the creator of the original material so that no one can duplicate or use it
without authorization. If an original work needs protection through copyright
laws, it must be in a tangible form. For instance, the Indian Copyright Act protects
the creator's work by law until 60 years after their death.

The main goals of copyright are: -

To encourage the development of culture, science and innovation
To provide a financial benefit to copyright holders for their works
To facilitate access to knowledge and entertainment for the public.
The term “copyright” refers to a collection of exclusive rights that Section 14 of
the Act grants to the owner of the copyright. Only the copyright owner or
another person who has permission to do so from the copyright owner may
exercise these rights. These rights include the ability to adapt, reproduce,
publish, translate, and communicate with the public, among other things.
Copyright registration just establishes an entry for the work in the Copyright
Register kept by the Registrar of Copyrights and does not grant any rights.

What do you mean by copyright

Copyright is a means of protecting, promoting, spreading, and enriching the
cultural heritage of the country. It protects the creativity and originality of
the creator whereby the creator is remunerated morally or monetarily.
The Copyright Act of 1957 entitles the creator to do or authorise to do certain
acts with respect to his work.

1. Being the author of literary, dramatic, and musical work, gives the
person the right to reproduce the work in any form, to adapt it to
any form or authorise anyone to adapt his work or reproduce his
work, additionally to store the work in any form including electronic
form.
2. It gives the creator the right to communicate his work to the public
through public performance, allowing the work to be made into a
cinematographic film, translating the work to any language, and
printing copies to be circulated to the public.
3. Where the work is an artistic work it allows the creator to reproduce
the work and store it in any medium plus depicting it in any
dimension. It also allows the creator to reproduce as many copies as
he desires, to communicate his work to the general public, to adapt
it to any form, or to include his work in any cinematograph film.
 4. Where the creator is the creator of a cinematographic film, the
creator is entitled to make copies of such films and to communicate
the work to the public. Additionally, he has a right to take and store
still photographs from the film and store his creation in any
medium.
5. Having exclusive rights in sound recording enables the creator to
communicate his piece to the public, and make another piece by
assimilating it and storing it in any medium.
6. Having exclusive rights in computer programmes entitles the creator
to reproduce, adapt, make copies, and store the programme and
codes.
7. The author or creator has the right to sell his creation or give on
rental his creations. It prohibits any person to use an author’s
creation in any way without his consent.

Term of copyright under the Copyright Act of 1957

The term of copyright in literary, dramatic, artistic, or musical work is for a
period of the lifetime of the creator plus a period of sixty years after the
death of the creator. Where there is the presence of multiple authors, the
term 60 years is calculated post the death of the last author. The same has
been guaranteed by the Copyright Act, 1957.

It is necessary to note that for cinematograph films, sound recordings,

photographs, posthumous publications, anonymous and pseudonymous
publications, works of government and works of international organisations,
the 60 years period is calculated from the year of publication. In case these
ranges of work remain unpublished, copyright subsites up to 60 years from
the date the original work is said to have been created.

Further, when it comes to sound recordings, the period of 60 years is

calculated from the end of the year in which that sound recording is said to
have been published for the first time. When it comes to the rights of the
broadcasters, the validity of the right has been provided with a period of 25
years from the year of broadcast, whereas the performer’s rights that have
been our subject matter of discussion previously last for a period of 50 years
from the year in which the performance was made.

Nature of copyright
In nature, copyright is an incorporeal property. The premise that the
legitimate owner developed or created the work justifies the property in it.
The property owner has two options for disposing of his property: outright
sale (assignment of his rights) or licensing. Copyright is also a collection of
exclusive rights. A negative right is one that allows the owner to stop
someone from copying his creation or carrying out any other actions that,
under Copyright Law, are only permitted to be carried out by him. The
exclusive rights to works protected by copyright have a term limit. In
contrast to physical property, which endures for the lifetime of the thing on
which it is bestowed, copyright only exists for a finite amount of time. After
this time period has passed, the work enters the ‘public domain’. In other
words, it becomes public property and is available for use without restriction
by everyone. Therefore, the public interest is served by exclusive rights to
copyrighted works for a short time.

Scope of copyright in India

The scope of copyright in India has received an understanding in the
previous paras already. All one needs to know is that Section 13 of the
Copyright Act, 1957 is the express provision that lays down the scope of
copyright in India. Each category of work that has received the attention of
the statute, have been detailed separately in different provisions of the Act
thereby making room for exclusive rights that have been associated with
each of the provisions. Sections 14, 37, 38 A are some of the significant
provisions of the Act that have added to the concept of laying down
established rights for the owner of such work.

Further, a look into Section 16 of the Copyright Act, 1957 states that no
copyright shall be in subsistence on works, other than those which have been
provided under the Copyright Act, 1957. Thus in simple terms, it can be
stated that copyright is a creation of a statute. It was in the case of Akuate
Internet Services Pvt Ltd vs. Star India Pvt Ltd (2013), where the concept of
‘hot news’ doctrine was introduced and the court had also interpreted who
was responsible for filing a suit thereby preventing others from publishing or
sharing match information. This matter awaits the view of the Supreme
Court of India as of April 2021.

Recent developments made in the field of copyright in India

In the year 2021, certain changes were introduced in light of the
advancement coming up in the field of copyright in India, in the Copyright
Act, 1957, by means of the Copyright (Amendment) Rules, 2021. The
changes were noticeable on 30th March, 2021, in the following ways:

1. The primary objective of introducing these rules was to bring the

rules that were existing in conformity with other relevant legislations
in relation to copyright thereby also ensuring accountability and
transparency in governing of the rules.
2. The amendment of the Copyright rules was brought in with the
purpose of smoothening the functioning of the Copyright Office by
means of making it work digitally with resources that were available.
This also reduced the burden of the Office.
 3. The amendments have sought to incorporate a new provision in
concern to the publication of a copyrights journal which will
thereafter be made available for the public to see in the Copyright
Office.
4. Accountability and transparency was also to be ensured for the
Copyright societies to function and effectively work. The
consequence of such demand has made the Societies to now draw
up an Annual Transparency Report for the public. This kind of report
is typically inclusive of royalties collected and also distributed,
refusal of licences if any, transactions made with foreign societies
for developed work, etc.
5. The extension of the period of deciding an application whether to be
accepted or rejected for the purpose of being granted with
copyright, by the Registrar, from 60 to that of 180 days, is another
notable change that has been introduced by the amended rules. A
thing to understand here is that the Registrar should not be
burdened with applications that would otherwise make him proceed
with each of them in a speedy manner thus resulting in errors. Thus
a sufficient period of time must be vested on the Registrar.
6. The present requirement that the new amendment has been
introduced for a copyright applicant to abide by is the need to
submit the first 10 and the last 10 pages of source code (the entire
source code can be submitted if the same is less than 20 pages,
with no blocked portions).

Types of work that are subject to copyright

Not every work enjoys copyright protection. A work has to be original in
order to enjoy copyright protection.

Copyright law requires that the ‘expression’ of the idea in the work must
originate from the author and should not be copied from anywhere else.
Another significant fact is that the copyright protection does not depend upon
the quality or style, but on the originality of the produced work or the
creation in question.

Copyright law recognises several categories of work that receive protection.

These categories include the works as enumerated below

Literary work
Literary works are not limited to works of literature alone, but include all
works expressed in printed or writing forms (except dramatic or musical
works). Computer programmes, tables and compilations including computer
databases falls within the ambit of literary work.
The copyright protection is not limited to words, but also includes symbols
and numerals.

Literary work should have the following characteristics:

• It must be original and be fixed in some tangible form.

• The word literature has to be understood in the same manner as it
is understood in political and electioneering sense.
• It refers to written or printed matter.
• No merit other than originality is required.
In Walter v. Lane (1900), a book which was published based on articles in
‘The Times’ which were verbatim of the speech made by Lord Roseberry –
was held to be original since own skill and labour was exercised.

Dramatic work
The essence of a dramatic work is a story or a narrative. A written
description of the acts of the performer acts as a prerequisite for copyright
protection. Any work of action, with or without music, capable of being
performed before an audience is termed as a dramatic work.

Copyright subsists not only in the actual words of the work but in the
dramatic incidents of the work as well.

In Tate v. Fullbrook (1908), it was held that any dramatic work in its entirety
along with the scenic effects comes under copyright.

Musical work
Musical work does not include words intended to be sung or spoken with the
music or action intended to be performed with the music or song lyrics. It
refers to a work which consists of music and includes any graphic notation of
such work.

The creator of any musical work is known as a composer. The rights of the
composer are protected under copyright irrespective of whether the
recordings of the music are available in graphical notations or not.
Artistic work
An artistic work should have an original content to be protectable under the
copyright. Therefore anybody who can create an original artwork can be
entitled to copyright protection. Copyright law while attributing authorship to
a painter does not subjectively assess how good or poor an artwork is.

The assessment of the artistic merit and quality is done by art connoisseurs
and dealers. It is understood outside the domain of copyright.

Original work involving the art of carving, modelling, welding or other works
of art in three dimensions are also protected by copyright.

Architectural work
Architectural works are protected as artistic work if they are the original
creation of the creator, i.e., the architect. Architectural drawings, diagrams,
charts, maps, plans and even circuit diagrams are all protected as artistic
works.

However, the building built with the architectural plan does not amount to
copyright under architectural works. It may have a separate protection under
the intellectual property.

Cinematograph films
The ambit of cinematographic films will cover, but not limited to, feature
films, documentaries, and even animated movies.

If the original version of any film is in the public domain, anyone can remake
it. However, whether the remake will enjoy copyright or not, depends on the
availability of sufficient new expression.

Sound recording
Sound recording is a recording of sounds from which such sounds may be
heard later. The medium or the method by which the sounds have been
created does not matter. The only condition is that the sound recording should
be original.
If an originally composed audio recording is fixed on a medium such as CD-
ROM or pendrive, it qualifies for protection under copyright .

Apart from the abovementioned, some more works that are subject to
copyright are:

Audiovisual works, such as television shows, soap operas, movies, and online
videos
Originally created videos available on YouTube
Video games
Computer software

Works that are not subject to copyright

Particular aspects of works do not constitute the subject matter under
copyright.

• Ideas, procedures, methods, systems, processes, concepts,

principles, discoveries, or devices are not subject matters under
copyright.
• Titles, names, short phrases, slogans, typefaces, fonts and lettering
and mere listings of ingredients or contents cannot be copyrighted.
• Works not fixed in a tangible form of expression cannot be
copyrighted.
• Commonly available works which contain no originality (for
example, calendars, standard measurements, lists or tables
compiled from public documents) are not copyrightable subject
matter.
ASSIGNMENT OF COPYRIGHT
An assignment serves two purposes. As far as assignee is concerned, it confers
on him the rightOf exploitation of work for a specified period in a specified
territory. For the assignor, it confersOn him the right to receive royalty.
Section 18 of the Copyright Act,1957.The owner of copyright in a work may
assign copyright Either wholly or partially for the whole or any part of such
copyright to any person. CopyrightMay also be assigned by a prospective
owner of the copyright in a future work, subject howeverTo the condition that
the assignment shall be effective only when the work comes into existence.
The assignment of copyright may be made generally or subject to limitation.”
The assignment of copyright may be a limited assignment both in content and
period. AnAssignment does not automatically mean that it is an absolute
assignment. The intention of theParties with regard to the nature and extent of
the assignment is to be ascertained from theAgreement itself. If upon proper
construction of the agreement it means that the assignment is For a limited
period then it cannot be contended simply because an assignment of copyright
hasBeen made by giving absolute ownership with regard to the copyright it has
to be for anUnlimited period.
The Copyright (Amendment) Act, 2012 added three provisos to section 18(1)
The amendmentsNow provide that no assignment shall be applied to any
medium or mode exploitation of the workWhich did not exist or was not in
commercial use at time when the assignment was made, unlessThe assignment
specifically referred to such medium or mode of exploitation of the work.
(Raj video vision v. K Mohan Krishna AIR 1998)
It is further provided that the author of the literary or musical work included in
a Cinematograph film shall not assign or waive the right to receive royalties to
be shared a an equalBasis with the assignee of copyright for the utilization of
such work in any form other than for The communication to the public of the
work along with the cinematogr film in a cinema hall,Except to the legal heirs
of the authors or to a copyright society is collection and distribution.
Any agreement to the contrary shall be void.
Where the assignee of a copyright becomes entitled to any rights contained in
the copyright, heShall be treated as the owner of copyright in respect of those
rights. The assignor shall also be treated as the owner of copyright in respect of
unassigned rights The legal representatives of the
assignee shall be entitled to the benefits of assignment the assignee dies
before the work comesinto existence.
In Video Master v. Nishi Productions, the Bombay High Court considered the
issue whetherassignment of video rights would include the right of satellite
broadcast as well The court agreedwith the contentions of defendant that
there were different modes of communication to thepublic, such as, theatrical,
terrestrial television broadcasting (Doordarshan), satellite broadcasting and
video TV. The owner of the film had separa copyright in all those modes and he
could assign it to different persons. Thus, the satellite broadcast copyright of
the film was a separate right of the owner of the film and video copyright
assigned to the plaintiff would not include this.
Mode of Assignment (Section 19)
As per section 19, assignment of copyright is valid only if it is in writing and
signed by the assignor or his duly authorized agent. The assignment of a
copyright in a work should identify the work and specify the kind of rights
assigned and the duration and territorial extent of such assignment. Further, it
should specify the amount of royalty payable, if any, to the author or his legal
heirs during the continuance of assignment and the assignment will be subject
to revision,extension or termination on terms mutually agreed upon by the
parties.
If the period of assignment is not mentioned it will be deemed to be taken as
five years from the date of assignment. If the territorial extent of such
assignment is not stipulated, it will be taken as applicable in the whole of India.
Also, Section 19(8) contemplates that the assignment of copyright work against
the terms and conditions on which rights have been assigned to a particular
copyright society where the author of the work is a member shall be void.
Further, Section 19(9) and section 19(10) opine that the assignment of
copyright for making cinematograph film or sound recording shall not affect the
right of the author to claim an equal share of the royalties and consideration
payable with respect to use of his protected work.
In Saregama India Ltd v. Suresh Jindal,2007
It was held that the owner of the copyright in a future work may assign the
copyright to any person either wholly or partially for the whole of the copyright
or any part thereof and once The assignment is made the assignee for the
purpose of this Act is treated as the owner of the copyright.
REVOCATION OF ASSIGNMENT
Section 19A of the Copyright Act, 1957 provides for the revocation of
assignment copyright.
The Appellate Board may, on receipt of a complaint from the assignor after
holding such inquiry as it may deem necessary, revoke such assignment, if
assignee fails to make sufficient exercise of the rights assigned to him, and such
failure not attributable to any act or omission of the assignor.
In case of a dispute with respect to the assignment of copyright, the Appellate
Board may pass a suitable order on receiving a complaint from the aggrieved
party and at holding such inquiry as it considers necessary. Such an order may
also include an order for the recovery of any royalty payable.
The Appellate Board, however, shall not pass any order to revoke the
assignment unless it is satisfied that the terms of assignment are harsh to the
assignor in case the assignor is also the author. However, pending the disposal
of an application for revocation of assignment, the Appellate Board may pass
such an order, as it deems fit regarding implementation of the terms and
conditions of assignment including a consideration to be paid for the
enjoyment of the rights assigned.
No order of revocation of assignment is to be made within a period of five
years from the date of such assignment.
Every complaint regarding assignments of copyright shall be dealt with by the
Appellate Board as far as possible.The Appellate Board shall nake efforts to pass
final order within six months from the date of receipt of tge complaint. If there
is any delay in compliance thereof,The Appellate Board shall record the
reasons.
Assignment by Operation of Law (Section 20)
When the owner of a copyright dies the copyright will pass on to his personal
representative as part of the estate, provided that no will has been executed.
Section 20 provides that if a person is entitled for copyright under bequest and
such work has not been published before the death of the testator, unless
contrary intention is shown under testator's will or any codicil thereto, such
person shall be considered as having copyright in the work so far as testator
was the owner of copyright immediately before his death.
Licenses
Licensing of Copyright
The owner of copyright may grant a license to do any of the acts in respect of
which he has an exclusive right to do. The license can be classified into
following categories:
a. Voluntary license and
b.Compulsory license
1 .Voluntary license (Section 30)
The author or the copyright owner has exclusive rights in his creative work and
he alone has the right to grant license with respect to such work. According to
section 30 of the Copyright Act 1957, the owner of the copyright in a work may
grant any interest in his copyright to any person by license in writing, which is
to be signed by him or by his duly authorized agent. A license can be granted
not only in existing work but also in respect of the future work, in this situation
assignment shall come into force when such future work comes into existence.
Where a licensee of the copyright in a future work dies before such work
comes into existence, his legal representatives shall be entitled to the benefit
of the license if there is no provision to the contrary.
The mode of license is like an assignment deed, with necessary adaptations
and modifications in section 19 (section 30A). Therefore, like an assignment, a
license deed in relation to a work should comprise of following particulars:
● Duration of license
● The rights which have been licensed
● Territorial extent of the licensed
● The quantum of royalty payable
● Terms regarding revision
● Extension and termination
Voluntary licenses can be:
Exclusive - The term exclusive license has been defined in Section 2(j) as a
license which confers on the licensee and persons authorized by him, to the
exclusion of all other persons, any right comprised in the copyright work.
Non-exclusive – It does not confer the right of exclusion. It is mere grant of an
authority to do a particular thing which otherwise would have constituted an
infringement. When the owner grants an exclusive right, he denudes himself of
all rights and retains no claim on the economic rights so transferred.
Co-exclusive – Here the licensor grants a license to more than one licensee but
agrees that it will only grant licenses to a limited group of other licensees.
Sole license – Where only the licensor and the licensee can use it to the
exclusion of any other third party.
Implied license – Author impliedly allows or permits the use of his work. For
example, he had knowledge that someone is using his work but he did not take
any action.
2.Compulsory License
Being a member of Berne Convention, India has incorporated the provision of
compulsory license in the Copyright Act, 1957. The Act provides for grant of
compulsory license for Indian work in the public interest, in certain
circumstances:
Works Withheld from Public:
The Indian Copyright Act provides for the grant of compulsory licenses in work
which has been published or performed in public. It empowers the Appellate
Board to direct the Registrar to grant license, if a complaint is made to it in
writing under the Act, during the subsistence of copyright stating the necessary
facts which are conditions precedent to its exercise of power, provided the
owner has been approached in the first instance for the grant of license and it
is only if he has refused to publish or allow the republication of the work and
by the reason of such refusal the work is withheld from the public. In cases
where two or more persons have made a complaint, the license shall be
granted to the complainant who in the opinion of the Copyright Board would
serve the interest of the general public.
In Super Cassette Industries Ltd v.Entertainment Network (India) Ltd, Mumbai
the respondents who were running a radio FM channel under the brand name
Radio Mirchi, made several attempts to obtain a license from Super Cassette
Industries ltd (SCIL) to play its sound recordings but failed to get it. The
Copyright Board ultimately issued them a compulsory license against which an
appeal has been filed in the Delhi High Court. After contemplating over section
31, the Court observed that in case compulsory license had to be granted to all,
then there was no need of any enquiry as envisaged by section 31. The court
also opined that once the copyright was in public, refusal has to be made on
reasonable and valid ground. While making an order under section 31, the
Board had to maintain a delicate balance between the private rights and the
copyright vis-a vis- public interest. The case was sent back to the Copyright
Board for fresh consideration.
Compulsory License in Unpublished or Published Work (Section 31-A)
According to this section, where the author is dead or unknown or cannot be
traced , or the owner of the copyright in such work cannot be found, any
person may apply to the Appellate Board for a license to publish such work or
translation thereof in any language. Before making such an application, the
applicant should publish his proposal in one issue of a daily newspaper in
English language having circulation in major parts of India and where the
application is for the publication of a translation in any language, also in one
issue of any daily newspaper in that Language The application to the Appellate
board should be in the prescribed form and accompanied by the prescribed fee
and with the copy of advertisement issued. Where an application is made to
the Appellate Board, it may, after holding inquiring direct the Registrar of
Copyrights to grant to the applicant a license to publish the work or a
translation thereof subject to the payment of such royalty and subject to such
de terms and conditions as the Appellate Board may determine. The amount of
royalty be deposited in the public account of India or in any other account
specified by Appellate Board in order to enable the owner of the copyright or,
as the case may be, his heirs. executors or the legal representatives to claim
suchroyalty at any time.
In case of a work referred above, if the original author is dead, the Central
Government may require the heirs, executors or legal representatives of the
author to publish such work within such period as may be specified, if it
considers that the publication of the work is desirable in the national interest.
The exercise of this power is without prejudice to the compulsory license
provisions stated above. Where the work is not published in the specified
period, the Appellate Board may, on an application from a person, permit him
to publish the work on payment of a royalty as determined by the Appellate
Board.
Compulsory License for the Benefit of Disabled Persons (Section 31-B)
Any person working for the benefit of persons with disability on a profit basis
or for business may apply in prescribed manner to the Appellate Board for a
compulsory license to publish any work in which copyright subsists for the
benefit of such persons. However, where a compulsory license has been issued,
the Appellate Board may on a further application and after giving reasonable
opportunity to the owners of the rights, extend the period of compulsory
license and allow the issue of more copies as it deems
Statutory License for Cover Versions (Section 31-C)
Cover means a sound recording made in accordance with section 31C. Any
person desirous of making a cover version, being a sound recording in respect
of any literary, dramatic or musical work with the consent or license of the
owner of the work, can do so. The person making the cover version is required
to give prior notice to the owner of the copyright in such works and to the
Registrar of Copyright at least 15 days in advance of making the cover version.
Advance copies of all covers with which the sound recording is to be sold to be
provided or royalties to be paid in advance. One royalty in respect of such
sound recordings shall be paid for a minimum of fifty thousand copies of each
work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush
Aggarwal., stated that sound recording included a subsequent original sound
recording made from the musical and literary work and which was called a
version recording i.e. a sound recording made after a first sound recording was
made by use of the musical work and literary work.
Statutory Licensing for Broadcasting of Literary and Musical Work and Sound
Recording (Section 31-D)
Any broadcasting organization, desirous of communicating published work to
the public by way of broadcast (by way of television broadcast or radio) or a
performance of any published musical/ lyrical work and sound recording, can
do so by giving prior notice of this intention to the owners. The notice must
specify the duration and territorial coverage of the broadcast.Corresponding
royalties are required to be paid to the owner of copyrighted work. Rates of
television broadcasting are different from the rate fixed with respect to radio
broadcasting. At the time of fixing the rate of royalty the Appellate Board may
ask the broadcasting organization todeposit some amount of money in advance
to the owner.
The notice shall contain the following particulars, namely
(a) name of the channel,
(b) territorialcoverage where communication to public by way of radio
broadcast. television broadcast or performance is to be made;
(c) details necessary to identify the work which is proposed to be
communicated to the public by way of radio broadcast. television broadcast or
performance;
(d)year of publication of such work, if any;
(e) name, address and nationality of the owner of the copyright in such works;
(f) names of authors and principal performers of such works:
(g)alterations, if any, which are proposed to be made for the communication to
the public by way of radio broadcast. television broadcast or performance of
the works, reasons thereof, and the evidence of consent of the owners of
rights, if required, for making such alteration;
(h) mode of the proposed communication to public, i.e. radio, television or
performance;
(i) name, if any, of the programme in which the works are to be included;
(j) details of time slots, duration and period of the programme in which the
works are to be included;
(k) details of the payment ofroyalties at the rates fixed by the Board; and (1)
address of the place where the records and books of accounts are to be
maintained for inspection by the owner of rights.
License to Produce and Publish Translation of Literary or Dramatic Work in
any Language (Section 32)
Section 32 of the Copyright Act provides that after expiry of a period of seven
years from the first publication of a literary or dramatic work, any person may
apply to the Copyright Board for a license to produce and publish a translation
of work. Where the work is not Indian work, any person may apply to the
Board for a license to produce and publish a translation in printed or analogous
form of reproduction of a literary or dramatic work in any language in general
use in India after a period of three years from the first publication of such work,
if such translation is required for the purpose of teaching, scholarship or
research. But where translation is in a language not in general use in any
developed country, such application may be made after the period of one year
from such publication.
License to Reproduce and Publish Works for Certain Purposes (Section 32-A)
According to this section, any person may apply to the Copyright Board for a
license to reproduce and publish any literary, scientific or artistic work after the
expiration of the relevant period from the date of first publication of an edition
of such work, if the copies of such edition are not made available in India , or
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The period prescribed are:
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for works related to natural science, physical science mathematics or
technology Five years for any other work
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The Board may cancel the license on certain grounds, after giving an
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specified in the license or within the time extended on the application of the
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32B. Termination of licenses
(1) If, at any time after the granting of a license to produce and publish the
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(hereafter in this subsection referred to as the licensed work), the owner of the
copyright in the work or any person authorized by him publishes a translation
of such work in the same language and which is substantially the same in
content at a price reasonably related to the price normally charged in India for
the translation of works of the same standard on the same or similar subject,
the license so granted shall be terminated:
Provided that no such termination shall take effect until after the expiry of a
period of three months from the date of service of a notice in the prescribed
manner on the person holding such license by the owner of the right of
translation intimating the publication of the translation as aforesaid:
Provided further that copies of the licensed work produced and published by
the person holding such license before the termination of the license takes
effect may continue to be sold or distributed until the copies already produced
and published are exhausted
(2) If, at any time after the granting of a license to produce and publish the
reproduction or translation of any work under section 32A, the owner of the
right of reproduction or any person authorized by him sells or distributes
copies of such work or a translation thereof, as the case may be, in the same
language and which is substantially the same in content at a price reasonably
related to the price normally charged in India for works of the same standard
on the same or similar subject, the license so granted shall be terminated:
Provided that no such termination shall take effect until after the expiry of a
period of three months from the date of service of a notice in the prescribed
manner on the person holding the license by the owner of the right of
reproduction intimating the sale or distribution of the copies of the editions of
work as aforesaid:
Provided further that any copies already reproduced by the licensee before
such termination takes effect may continue to be sold or distributed until the
copies already produced are exhausted.

Prepared by Sanabel Uzma