Section 14 – Meaning of Copyright
What does Section 14
- Copyright means the exclusive right given to the author/owner of a work to do certain acts.
- No one else can do those acts without the owner’s permission.
- Copyright is not just one right – it is a bundle of rights.
Bundle of Rights (Depends on type of work)
1. Literary, Dramatic, Musical and Artistic Works
(Examples: books, plays, paintings, music notations)
The copyright owner has the right to:
- Reproduce the work (make copies).
- Issue copies to the public (publish/distribute).
- Perform or communicate the work in public (e.g., theatre, TV, online).
- Translate the work into another language.
- Adapt the work (convert into another form, e.g., novel into film).
2. Computer Programs (treated as literary works)
- Same rights as above.
- Additional right: To sell, rent, or give on commercial rental (important to prevent software piracy).
3. Cinematograph Films
(Examples: movies, documentaries, short films)
The copyright owner has the right to:
- Make copies of the film (including screenshots).
- Sell or rent the film.
- Communicate the film to the public (cinema halls, OTT platforms, TV).
4. Sound Recordings
(Examples: songs, audiobooks, podcasts)
The copyright owner has the right to:
- Make copies of the recording.
- Sell or rent copies.
- Communicate the recording to the public (radio, streaming, public performance).
What Copyright Does Not Protect
- Copyright does not protect ideas, themes, facts, methods, or procedures.
- Only the expression of an idea (in a fixed form) is protected.
⚖️ Important Case Laws
-
R.G. Anand v. Delux Films (1978, SC)
- A play and a film had the same theme of communal harmony.
- Court said ideas are free; only expression is protected.
-
Indian Performing Right Society v. Eastern India Motion Pictures (1977, SC)
- Music composers retain their rights even after music is used in films.
- Film producers don’t get unlimited rights over songs.
-
Phoolan Devi v. Shekhar Kapoor (1995, Delhi HC)
- Screening of Bandit Queen was stopped as it violated Phoolan Devi’s dignity.
- Showed importance of moral rights linked with copyright.
-
Super Cassettes Industries Ltd. v. Entertainment Network (2008, SC)
- Radio stations must get licenses to broadcast music.
- Reinforced that public communication rights belong to copyright owners.
Case Key Facts Principle
R.G. Anand v. Deluxe Films Play copied into film Copyright protects expression, not ideas
EBC v. D.B. Modak Reproduction of law report headnotes Original editorial content protected
IPRS v. Eastern India Motion Pictures Songs in films Separate rights for musical and film works
Najma Heptulla v. Orient Longman Biography from public sources Originality in selection/presentation
Tips Industries v. Wynk Music Unauthorized online streaming Communication to public included in Section 14
Bajaj Auto v. TVS Motor Technical brochures copied Industrial designs with originality protected
Govind v. D.K. Anand Musical plagiarism claim Substantial copying required for infringement
University of Delhi v. Kamal Singh Student photocopying material Fair dealing exception recognized
---
If you want, I can also create a visually organized “LLB exam ready” version of Section 14 case laws with bullet points, short case summaries, and key principles so you can write in 1–2 minutes in the exam.
Do you want me to do that?
Comments
Post a Comment