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⚖️ Copyright in India — Complete 

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🌱 1️⃣ Introduction

• Copyright protects original creative works: literary, artistic, musical, cinematographic, sound recordings, and more.
• It safeguards the expression of ideas, not the ideas themselves.
• Provides creators exclusive rights to reproduce, sell, perform, distribute, or communicate their work.
• Purpose: reward creators, encourage creativity, and benefit the public.

Example: A novel, song, or software code is protected, but the general theme or idea is not.

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🌿 2️⃣ Legal Basis of Copyright in India

• Primary Law: Copyright Act, 1957 (as amended in 2012).
• Objective: Protect creators’ moral and economic rights and encourage dissemination of knowledge.
• Sections Overview:

Section	Purpose
Section 13	Defines works protected under copyright.
Section 14	Provides exclusive rights to the copyright owner.
Section 16	Defines ownership of copyright.
Section 17–18	Copyright in Government works.
Section 31–34	Assignment of copyright.
Section 18A	Moral rights (added in amendment).
Section 51–65	Infringement and remedies.

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🌾 3️⃣ Subject Matter of Copyright (Section 13)

Protected works include:

1. Literary Works: Books, articles, computer programs, poems.
2. Dramatic Works: Plays, choreography, stage directions.
3. Musical Works: Songs, compositions, instrumentals.
4. Artistic Works: Paintings, sculptures, drawings, photographs.
5. Cinematographic Films: Movies, documentaries, animation.
6. Sound Recordings: Music albums, podcasts.
7. Architectural Works: Building designs and blueprints.

Key Principle: Only the expression is protected, not the ideas or concepts behind it.

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🌿 4️⃣ Ownership of Copyright (Sections 16–17)

A. Initial Ownership (Section 17)

• Copyright initially vests in the author/creator.
• Exceptions:
  • Works made under employment or commission belong to the employer or person who commissioned the work.
  • Government works: Copyright is vested in the Government (Section 17).

B. Joint Ownership (Section 18)

• If two or more authors create a work together, copyright vests jointly.
• Each author can exploit the work only with consent of others.

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🌾 5️⃣ Assignment and Licensing (Sections 18–30, 31–34)

A. Assignment of Copyright (Section 18 & 31)

• Assignment = transferring ownership rights to another person.
• Must be in writing, signed by the assignor, and specify:
  • Duration
  • Rights assigned
  • Territory

Case Law:

• BASF v. Shriram Chemicals (2004) — Assignment must be clear in scope and duration to be valid.

B. Licensing (Section 30)

• Licensing = granting permission to use copyright without transferring ownership.
• Can be exclusive (only one licensee) or non-exclusive (multiple licensees).
• Must be in writing and define scope, duration, and territory.

Example: Film producer grants license to TV channel to broadcast movie for 1 year.

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🌿 6️⃣ Moral Rights (Section 57)

• Author has the right to claim authorship and prevent distortion, mutilation, or modification of their work.
• Can object to derogatory treatment even if copyright is assigned.

Case Law:

• Amar Nath Sehgal v. Union of India (2005) — Court recognized moral rights of artist over mural placed in a public building.

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🌾 7️⃣ Economic Rights (Section 14)

Exclusive rights include:

1. Reproduction — Copying the work.
2. Publication — Making the work public.
3. Distribution — Selling, renting, or transferring copies.
4. Performance/Communication — Performing music, drama, or films publicly.
5. Adaptation — Translation, transformation, or creating derivative works.

Duration of Rights:

• Life of the author + 60 years (literary, artistic, musical)
• 60 years from publication (cinematographic, sound recordings)

Case Law:

• Eastern Book Co. v. D.B. Modak (2008) — Copyright protects expression, not ideas.

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🌿 8️⃣ Infringement and Remedies (Sections 51–65)

A. Acts of Infringement (Section 51)

• Copying, selling, performing, distributing work without permission.
• Importing infringing copies.
• Creating derivative works without consent.

B. Civil Remedies

• Injunctions to stop infringement.
• Damages or account of profits.
• Seizure of infringing copies.

C. Criminal Remedies (Section 63–63A)

• Imprisonment: 6 months to 3 years
• Fine: ₹50,000 to ₹2 lakh
• Both imprisonment and fine possible for repeated infringement

Case Law:

• Indian Performing Rights Society v. Sanjay Dalia (2013) — Court allowed injunction and damages for illegal music use.

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🌾 9️⃣ International Conventions

India follows these treaties:

1. Berne Convention (1886) — Automatic protection, national treatment.
2. UCC (1952) — Helps countries outside Berne.
3. Rome Convention (1961) — Protects performers and phonogram producers.
4. TRIPS Agreement (1994) — WTO requirement; minimum standards, life + 50 years.
5. WIPO Copyright Treaty (1996) — Digital age protection, online rights.

These treaties ensure Indian works are protected worldwide, and foreign works are safe in India.

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🌿 10️⃣ Easy Exam Notes: Key Takeaways

1. Copyright = protection of expression (not ideas).
2. Owner = author, unless created under employment or govt work.
3. Assignment = transfer of ownership; License = permission to use.
4. Moral rights protect the author’s reputation.
5. Economic rights allow author to exploit work commercially.
6. Duration = Life + 60 years (most works).
7. Infringement = illegal copying, performance, or adaptation. Remedies = civil + criminal.
8. International conventions = Berne, TRIPS, WIPO.

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🌾 11️⃣ Conclusion (Humanized)

• Copyright is creator-friendly, protects moral and economic rights.
• Encourages innovation, culture, and knowledge sharing.
• Works internationally through treaties.
• Balances creator’s rights with public benefit.

Easy way to remember for exam: “Author → Own → Assign/License → Protect → Punish → Global”

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