Question 8
(a) Meaning of Publication – Detailed Analysis
1. Statutory Definition (Section 3, Copyright Act, 1957)
Publication means making a work available to the public by:
- issuing copies
- or communicating the work to the public.
It includes:
- sale of books
- release of movies
- online uploading
- public distribution of copies.
2. Purpose of Publication
- It helps circulate the work.
- It gives public access.
- It marks the beginning of the term of copyright for many works.
- Establishes evidence of first publication for ownership disputes.
3. What is NOT Publication
- Private distribution (e.g., giving to a friend).
- Internal use within an organisation.
- Lecture notes given only in a classroom.
Thus, publication means public availability, not private use.
4. Case Law
C.B.S. v. Amarchand (1987)
Court held that publication requires public circulation, not mere printing.
(b) Meaning of Artistic Work – Detailed Analysis
1. Statutory Definition (Section 2(c), Copyright Act)
“Artistic work” includes:
- paintings
- sculptures
- drawings
- diagrams
- maps
- photographs
- works of architecture
- works of artistic craftsmanship.
No artistic quality is required. Even a simple drawing can be protected.
2. Features of Artistic Work
- Originality is required (minimum creativity).
- Copyright protects the expression, not the idea.
- Registration is not mandatory.
- Protection applies regardless of artistic skill.
3. Duration of Protection
Life of author + 60 years after death.
4. Case Law
Eastern Book Company v. D.B. Modak (2008)
Supreme Court held that artistic work must show minimal degree of creativity, not merely labour (“Sweat of the Brow” is not enough).
Microfibres Inc. v. Girdhar (2009)
Designs printed on cloth were artistic works initially;
but once commercially multiplied, they are governed by Designs Act.
(c) Meaning of Reproduction Right and Distribution Right – Detailed Analysis
1. Reproduction Right (Section 14)
Reproduction means making copies of the work, in any material form.
Examples:
- printing a book
- photocopying
- scanning
- copying digital files
- re-recording a song
- storing on a computer
Reproduction is the most important right of copyright owners.
Any reproduction without permission → infringement.
2. Distribution Right
Distribution means making the work available to the public by:
- selling
- renting
- lending
- offering copies in the market.
Includes both physical and digital modes.
3. Difference Between Reproduction and Distribution
| Reproduction | Distribution |
|---|---|
| Making copies | Supplying/making available |
| Copying activity | Commercial / public activity |
| Can happen privately | Happens only for public access |
4. Case Law
Gramophone Co. of India v. Super Cassette Industries (1997)
Reproduction without permission is infringement, even if done for business convenience.
DU Photocopy Case (2016)
Allowed limited photocopying for educational fair use, but still recognised reproduction right of owners.
(d) Administrative Remedy for Copyright Infringement – Detailed Analysis
Administrative remedies provide fast and non-judicial protection against infringement.
1. Remedies Available
(i) Complaints to Police (Section 63 & 64)
- Police have power to seize infringing copies without warrant.
- Copyright infringement is a cognizable and non-bailable offence.
(ii) Complaints to Registrar of Copyrights
You can report:
- piracy websites
- unauthorised copies
- false entries
- violation of licence terms
Registrar may:
- conduct inquiry
- issue warnings
- cancel registrations
- order removal of infringing content.
(iii) Blocking of Websites (Section 69A IT Act + Copyright Rules)
Government can block:
- piracy websites
- illegal movie websites
- unauthorised music sharing platforms.
Example: Blocking of “Tamilrockers” and similar sites.
(iv) Border Enforcement
Customs officials can:
- detain infringing imported goods
- stop illegal import/export of pirated material.
Based on Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
2. Purpose of Administrative Remedies
- Faster than court procedures
- Effective in preventing mass piracy
- Protects authors and promotes creativity
3. Case Law
State of Andhra Pradesh v. Nagoti Venkataramana (1990)
Court held that police may seize infringing copies without warrant.
Shreya Singhal v. Union of India (2015)
While striking down Section 66A IT Act, Court upheld website blocking powers under Section 69A, which supports copyright protection online.
✅ Conclusion
The topics in Question 8 relate to fundamental concepts in copyright law.
Each concept—publication, artistic work, reproduction & distribution rights, and administrative remedies—helps define how copyright is used, protected, and enforced under the Copyright Act, 1957.
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