Section 14 of ‘The Copyright Act, 1957’, elaborates on meaning of copyright. It states as,

For the purposes of this Act, “Copyright” means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely :-

A) in the case of a literary, dramatic or musical work not being a computer programme-

i) to reproduce the work in any material form including the storing of it in any medium by electronic means,

ii) to issue copies of the work to the public not being copies already in circulation,

iii) to perform the work in public, or communicate it to the public,

iv) to make any cinematograph film or sound recording in respect of the work,

v) to make any translation of the work

vi) to make any adaptation of the work

vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub clauses (I) to (vi)

What is the right of communication to the public as per Copyright Act ?

Communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion. It is not necessary that any member of the public actually sees, hears or otherwise enjoys the work so made available. For example, a cable operator may transmit a cinematograph film, which no member of the public may see. Still it is a communication to the public. The fact that the work in question is accessible to the public is enough to say that the work is communicated to the public.

What is the right of reproduction as per the Copyright Act ?

The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.

B) In the case of a computer programme-

i) to do any of the acts specified in clause (a)

ii) to sell or give on hire, or offer for sale or hire, any copy of the computer programme, regardless of whether such copy has been sold or given on hire on earlier occasions.

C) In the case of an artistic work-

i) to reproduce the work in any material form including, storing in any medium by electronic or other means, depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work,

ii) to communicate the work to the public

iii) to issue copies of the work to the public not being copies already in circulation

iv) to include the work in any cinematograph film,

v) to make any adaptation of the work                        

vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub clauses (i) to (iv)

D) In the case of a cinematograph film-

i) To make a copy of the film, including a photograph of any image forming part thereof; or, storing of it in any medium by electronic or other means;

ii) To sell or give on commercial rental or offer for sale or such rental, any copy of the film;

iii) To communicate the film to the public

E) In the case of a sound recording-

i) to make any other sound recording embodying it, including storing of it in any medium by electronic or other means;

ii) To sell or give on commercial rental or offer for sale or such rental, any copy of the film;

iii) to communicate the sound recording to the public.

Explanation – For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.

Rights Conferred by Copyright

Economic Rights

The owner of a copyright may exploit the work himself or licence others to exploit any one or more of the rights for a consideration in the form of royalty or a lump sum payments.

Moral Rights 

The author of a work has also got certain rights called “moral rights. These are

1. The right of publication : The right to decide whether or not to publish the work

2. The right of paternity : The right to claim authorship of a published or exhibited work.

3. The right of integrity : The right to prevent alteration and other actions that may damage the author’s honour or reputation

These rights remain with the author even after the transfer of copyright and protection lasts during the whole of the copyright term. If the author desires to transfer these rights also he can do so specifically in writing.

These rights may be excercised by the legal representative of the author

First Owner of Copyright

1. Copyright is a very unique right, a right which exists immediately upon its creation. Therefore, this right is very closely associated with the author of the work. 

2. In certain kinds of work, the author is considered as the first owner of the work, whereas in certain other kinds of work the producer of the work is considered as the first author of the work. It is therefore significant that there should be written assignment or other documents in place so that copyright is properly acquired from the author of the work.

3. Section 17 of the Copyright Act, 1957 concerns the first owner for each of the work concerned.

4. In the case of a literary, artistic, dramatic or musical work, the author is the first owner of the work.

5. In the case of a a photograph, sculpture, drawing including architectural drawings, plan or engraving, the author is the first owner of the work.

6. In the case of cinematographic work, the producer is the first owner of the work.

7. In the case of sound recording, the producer is the first owner of the work.

8. Where any of the above work, viz. literary, dramatic, artistic work or photographs have been instituted by any person under a contract, such person is the first owner of the work for the purpose for which the contract was entered into.  For all other purposes, the author shall be the first owner of the work.

9. For a work created by any employee in the course of employment, the employer is the first owner of the work.  The words “in the course of” have been subject of intense confrontation when the employee asserts that the work was not created during the employment. Similarly, work created by a partner during the course of his business shall vest in the partnership. A draft prepared by a lawyer during the course of his employment or engagement in a firm vest in the law firm or employer.

10. In the case of a work created under a Contract of service the first owner is the person who has instituted the service.  It is akin to an employee – employer relationship, where the employer has full control over the object of the work as well as the manner in which it is to be achieved. 

Whereas in the case of a work created under a Contract for service, the first owner is the author. Under this, the author has the discretion to adopt means for execution of a work. 

The difference in treatment for the two works is on account of the discretion in the author while creating the work.  Hence, the first owner is also different in certain circumstances.

11. In the case of speech delivered in public, the person who has delivered such address is the first owner of the work irrespective of the same being delivered as an employee or when it is arranged by another person.

12. Shorthand writer : If a writer takes down some matter word for words dictated by a person, the person who dictated the matter is the author and copywrite owner of the work.

13. Examination question papers : Copyright in examination question papers, is vested in the papersetter who is the author and not in the Board of Examination or authority for whom the question papers are set.

14. Employee teacher : If a employee teacher writes a text book on the subject he teaches, he is the author of the work and is entitled to the copyright. Because he is employed to teach and not to write text book.

15. Collective works : Collective work include encyclopaedia, dictionary, newspaper etc where works by different authors are incorporated. The first owner of the copyright in a collective work as a whole is the person who has collected, edited and organised the work.

16. Plan : A plan of building or structure remains with the architect.

TERM OF COPYRIGHT

1. Term of copyright in published literary, dramatic, musical and artistic works.—

Copyright shall subsist in any literary, dramatic, musical or artistic work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.

(Explanation.— In this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.)

2. Term of copyright in anonymous and pseudonymous works.—

In the case of literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published:

Provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the author dies.

3. Term of copyright in cinematograph films.—

In the case of a cinematograph film, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the film is published.

4. Term of copyright in sound recording.—

In the case of a sound recording copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the sound recording is published.

5. Term of copyright in Government works.—

In the case of a Government work, where Government is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.

Thus it may be seen that, in case of literary, dramatic, musical or artistic works where the author is a natural person the term is lifetime plus sixty years.          In all other cases, the term is sixty years from the year of publication