Copyright
Act, 1957
Twenty chapter notes covering the law of copyright in India — the works in which copyright subsists, the bundle of rights conferred, the duration of copyright, ownership and assignment, the doctrine of fair dealing, infringement and remedies, the role of copyright societies, and the post-2012 amendments on author-author and broadcasting rights. Section first, work-category second, leading case third.
Copyright — the limited monopoly that protects creative expression.
The Copyright Act 1957 governs the law of copyright in India, conferring on the author of an original work the exclusive right to reproduce, communicate, perform, and adapt that work for a defined term. The Act covers seven categories of work — literary, dramatic, musical, artistic, cinematograph film, sound recording, and computer programmes (treated as literary work). India is a member of the Berne Convention and the WIPO Copyright Treaty. The 2012 amendment substantially modernised the Act — strengthening authors’ rights against producers, regulating copyright societies, and clarifying the rights of lyricists and composers.
These notes anchor every chapter to its statutory section. The most-tested provisions are Section 13 (works in which copyright subsists), Section 14 (the bundle of rights), Section 17 (first ownership), Section 22 (duration), Section 51 (acts constituting infringement), Section 52 (acts not constituting infringement — fair dealing), and Section 55 (civil remedies).
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the statutory section, the category of work, the right in issue (reproduction, communication, performance, adaptation), the duration, and the leading authority.
How to read these notes
Start with the section.
Every chapter opens with the precise Section of the Copyright Act 1957. Read it. The most-tested provisions — Section 13 (subject matter), Section 14 (rights), Section 17 (ownership), Section 51 (infringement), Section 52 (fair dealing) — must be cited section-and-sub-section.
Identify the category of work.
Every copyright question first identifies the category of work — literary, dramatic, musical, artistic, cinematograph film, sound recording, or computer programme. The duration, the bundle of rights, and the test for infringement differ across categories. The duration for literary works is life of the author plus sixty years; for cinematograph films it is sixty years from publication.
Test on the leading case.
If you can restate the holding of R.G. Anand v. Delux Films, Eastern Book Company v. D.B. Modak, or Indian Performing Right Society v. Sanjay Dalia in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 20 chapters, in 5 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Foundations — Subject Matter & Originality
Sections 1–16 — what copyright protects
The Act’s scope and applicability, the definitions including author, work, publication, original work. The seven categories of work in which copyright subsists under Section 13. The originality requirement and the modicum-of-creativity standard from Eastern Book Company v. D.B. Modak. The idea-expression dichotomy as illustrated by R.G. Anand v. Delux Films.
Introduction — Object, Berne Convention, TRIPS
CR · 02Definitions — Work, Author, Adaptation, Cinematograph Film (Section 2)
CR · 03Subject Matter of Copyright — Literary, Musical, Artistic, Cinematograph, Sound Recording (Section 13)
CR · 04Meaning of Copyright (Section 14) — Exclusive Rights
Bundle of Rights & Ownership
Sections 14–21 — what the author can do
The exclusive rights conferred by Section 14 — reproduction, issuing copies, performance in public, communication to the public, translation, adaptation, with variations across categories of work. The first ownership rules under Section 17 — generally the author, with carve-outs for works made in the course of employment. Authorship versus ownership, joint authorship, and the special position of cinematograph films.
Term, Assignment & Licensing
Sections 22–32B — duration and dealings
The duration of copyright varying by category of work — life of the author plus sixty years for literary, dramatic, musical, and artistic works; sixty years from publication for cinematograph films, sound recordings, and posthumous works. The assignment under Section 18 with the writing requirement and the post-2012 right of authors of literary or musical works in cinematograph films. The licensing under Section 30. The compulsory and statutory licences.
Infringement, Fair Dealing & Remedies
Sections 51–62 — enforcement
The acts constituting infringement under Section 51, the test of substantial similarity, the acts not constituting infringement under Section 52 (the exhaustive fair-dealing list), the civil remedies under Section 55 — injunction, damages, account of profits, the criminal remedies under Sections 63 to 70 with imprisonment up to three years, and the special protection of computer programmes.
Special Topics & Wrap-Up
Performers, broadcasters, societies + reference
The performer’s right under Section 38 with the post-2012 strengthening. The broadcasting reproduction right under Section 37. The role of copyright societies under Sections 33 to 36A in the post-2012 regulated regime. The interface with the Patents Act and the Designs Act. The Berne Convention and TRIPS obligations. The landmark Supreme Court decisions on copyright.