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INTERNATIONAL COPYRIGHT – DETAILED ANALYSIS (LLB EXAM PERSPECTIVE)


INTERNATIONAL COPYRIGHT – DETAILED ANALYSIS (LLB EXAM PERSPECTIVE)

International copyright means the protection of creative works beyond the boundaries of one country.
Since every country has its own copyright law, international treaties help to create a common minimum standard so that authors can protect their work globally.

1. Why International Copyright Is Needed?

  1. Global circulation of works
    Books, movies, music, software easily travel across countries.
    Without international protection, authors could lose rights in foreign territories.

  2. To prevent piracy in other countries
    Treaties ensure that copyright protection is granted even if the creator is not a citizen of that country.

  3. To promote culture, innovation and fair trade
    Countries follow uniform standards, creating trust for creators and industries.

2. Important International Conventions

A. The Berne Convention, 1886

The most important international treaty on copyright.

Main principles

  1. Automatic protection
    No need for registration. As soon as work is created, protection is granted.

  2. National Treatment
    A foreign author gets the same protection as a local author.

  3. Minimum standards
    – Life of the author + 50 years
    – Exclusive rights (reproduction, translation, adaptation)
    – Moral rights (right to claim authorship, right to object to distortion)

India’s position

India is a member since 1928.
The Copyright Act, 1957 is largely based on Berne principles.

B. The Universal Copyright Convention (UCC), 1952

Created by UNESCO for countries that were not ready to join the Berne Convention.

Main features

  1. Minimum term of protection is 25 years.
  2. Allows copyright notice requirement (© + name + year).
  3. Ensures basic protection for authors globally.

India’s position

India joined UCC in 1958 but later focused mainly on Berne since it offers stronger protection.

C. The TRIPS Agreement, 1995 (WTO Agreement)

The strongest and most enforceable treaty.
Countries joining WTO must follow TRIPS standards.

Key provisions

  1. Life + 50 years minimum copyright duration.
  2. Strict protection for computer programs as literary works.
  3. Rental rights for films and software.
  4. Civil + Criminal remedies for copyright infringement.
  5. Border measures to stop import of pirated goods.

India’s position

To comply with TRIPS, India amended its copyright law several times (1999, 2012 etc.).

D. WIPO Copyright Treaty (WCT), 1996

Special treaty for digital and internet-based works.

Key features

  1. Protection for digital rights management (DRM)
  2. Internet distribution rights
  3. Protection against circumvention of technological protection measures

India’s position

India is not formally a member of WCT, but 2012 amendments included many WCT-based protections (anti-circumvention, enforcement).

3. International Copyright in India

The Copyright Act, 1957 and International Copyright Order, 1999 give protection to foreign works.

Main rules

  1. Works from countries that are members of Berne, TRIPS, UCC get protection in India.
  2. Indian copyright applies to:
    – Foreign authors
    – Foreign films
    – Foreign software
  3. Protection period in India is applied as if the work were Indian.

4. Important Case Laws (with analysis)

1. Gramophone Co. of India Ltd. v. Birendra Bahadur Pandey (1984)

Facts

Gramophone Company tried to stop import of foreign-made tapes containing Indian songs.

Held

Supreme Court said international copyright protection must be interpreted in light of international treaties and India must respect foreign rights.

Significance

Shows India’s obligation to give protection according to global copyright standards.

**2. Video Master v. Nishi Productions (1998)

(Cross-border licensing issue)**

Facts

The defendant was distributing foreign films in India without proper licence.

Held

Copyright owners abroad have the same rights in India as Indian owners.

Significance

Reaffirmed national treatment principle under Berne Convention.

**3. Super Cassettes Industries v. Entertainment Network India Ltd. (2008)

(International broadcasting rights)**

Facts

Dispute about radio broadcasting rights, including foreign works.

Held

Courts must interpret rights consistent with India’s international obligations.

Significance

Strengthened the influence of international treaties like Berne & TRIPS on Indian law.

5. Key Exam-Ready Points

  • International copyright protects works across borders.
  • India follows Berne Convention, TRIPS Agreement, UCC.
  • Core principles: national treatment, automatic protection, minimum standards.
  • TRIPS adds strong enforcement, digital protection, border control.
  • Indian courts interpret the Copyright Act consistent with global obligations.


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