Introduction

A copyright society is a registered collective administration society. Such a society is formed by copyright owners. The minimum membership required for registration of a society is seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A copyright society can issue or grant licences in respect of any work in which copyright subsists or in respect of any other right given by the Copyright Act.

What is collective administration of copyright?

Collective administration of copyright is a concept where management and protection of copyright in works are undertook by a society of owners of such works. Obviously no owner of copyright in any work can keep track of all the uses others make of his work. When he becomes a member of a national copyright society, that society, because of its organisational facilities and strength, is able to keep a better vigil over the uses made of that work throughout the country and collect due royalties from the users of those works.

Because of the country’s membership in international conventions, the copyright societies are able to have reciprocal agreements with similar societies in other countries for collecting royalties for the uses of Indian works in those countries.

From this it can automatically be inferred that it will be in the interests of copyright owners to join a collective administration organisation to ensure better protection to the copyright in their works and for reaping optimum economic benefits from their creations. Users of different types of works also find it easy to obtain licences for legal exploitation of the works in question, through the collective administrative society.

What are the functions of a copyright society?

A copyright society may:

i) Issue licences in respect of the rights administered by the society.

ii) Collect fees in pursuance of such licences.

iii) Distribute such fees among owners of copyright after making deductions for the administrative expenses.

Chapter VII (section 33 to 36) provides with the provisions related to Copyright socities.

Copyright Office and Register of Copyright :

To administer certain provisions of the Copyright Act, the Copyright Office has been established under the charge of the Registrar of Copyright. The rules of procedure is contained in the Copyright Rules.

The Copyright Office maintains a Register of Copyright containing particulars of the works and the names and addresses of publishers and owners of copyright. The register has a separate part for each category of work.

There is provision for correction and rectification of the entries in the register.

Registration of Copyright is not compulsory either for acquiring copyright or for enforcing the copyright by infringement suit.

But, The register of copyright will be prima facie evidence of the particulars entered therein. Copies of any entries made in the register or extracts therefrom certified by the Registrar of Copyright and sealed with the seal of the Copyright Office will be admissible as evidence in all courts without further proof or production of the original.

Appellate Board

The Appellate Board is a body constituted under the Copyright Act for the discharge of certain judicial functions under the Act. It consists of a Chairman and two other members. They are appointed for specific periods not exceeding five years. The Chairman must be a person who is or has been a judge of a High Court or is qualified for appointment as a judge of a High Court…The terms and conditions of service of the Chairman and members are prescribed under the copyright rules.

Appeals : An appeal will lie against decision of the Registrar of Copyright, the Appellate Board, the Magistrate in a Criminal proceeding and judges in infringement suits.

An appeal against the decision of Registrar should be filed before the Appellate Board.

An appeal against the decision of the Appellate Board will lie to the High Court.

Infringement of Copyright

The owner of a copyright work has the exclusive right to do certain acts in respect of the work. If any person does any of these acts without authority he will be committing an infringement. There are three types of remedies available against infringement of copyright; namely, civil, criminal and administrative.

(An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement.            

Definition of Infringement (Section 51) :

When copyright infringed.—Copyright in a work shall be deemed to be infringed—

(a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act—

(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or

(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or

(b) when any person—

(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or

(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or

(iii) by way of trade exhibits in public, or

(iv) imports into India, any infringing copies of the work:

Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work, for the private and domestic use of the importer.

Explanation.—For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an “infringing copy”.

Section 2(m) “infringing copy” means –   

 (i) in relation to literary dramatic musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;                       

(ii) in relation to a cinematographic film a copy of the film made on any medium by any means;                           

(iii) in relation to a sound recording any other recording embodying the same sound recording made by any means;                      

(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the provisions of this Act the sound recording or a cinematographic film of such programme or performance, if such reproduction copy of sound recording is made or imported in contravention of the provisions of this Act.          

What are the civil remedies for copyright infringement?

A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.

Is copyright infringement a criminal offence?

Yes. Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.

What are the rights of owner over infringing copies and equipments used for making infringing copies?

All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.

What are the remedies in the case of groundless threat to legal proceedings?

Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of copyright, any person aggrieved thereby may institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit –obtain an injunction against the continuance of such threats; and recover such damages, if any, as he has sustained by reason of such threats.

Is copyright infringement a cognizable offence?

Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate.

Who is responsible for copyright offence committed by a company?

Every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against.

Fair Dealing

Section 52 provides for fair dealing with any work for the following purposes which does not constitute infringement :

1. Private or personal use, including research

2. Criticism or review, whether of that work or of any other work,

3. Reporting of current events and current affairs including the reporting of a lecture delivered in public.

Section 52 provides around 30 acts which do not constitute infringement.