Introduction to Copyright

What do you understand by the term "Copyright"?

Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others. - Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016)

This is usually only for a limited time. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.

When copyright laws were first enacted, nationally and internationally, the focus was primarily on the interests of the users, according authors and publishers a level of protection just strong enough to encourage and reward them, but weak enough not to prevent free flow of culture and information.
The term "copyright" is not defined under the Indian Copyright Act, 1957 (hereinafter referred to as "Copyright Act"). The general connotation of the term copyright refers to the "right to copy" which is available only to the author or the creator, as the case may be. Thus, any other person who copies the original work would be amount to infringement under the Copyright Act.

Protected Works
13. Works in which copyright subsists.— (1) Subject to the provisions of this section and the other
provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,—
(a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and
(c) 1[sound recording].

(2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless,—
 
(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India;

(ii) in the case of an unpublished work other than a 2[work of architecture], the author is at the date of the making of the work a citizen of India or domiciled in India; and

(iii) in the case of 2[work of architecture], the work is located in India.

Explanation.— In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.

(3) Copyright shall not subsist—


(a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work; (b) in any 1[sound recording] made in respect of a literary, dramatic or musical work, if in making the 1[sound recording], copyright in such work has been infringed.

(4) The copyright in a cinematograph film or a 1[sound recording] shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the 1[sound recording] is made.

(5) In the case of 2[work of architecture], copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.

Rights conferred by CR14. Meaning of Copyright.— For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise 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);

(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 commercial rental or offer for sale or for commercial rental any copy of the computer programme:


[Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.]
(c) in the case of an artistic work,—


(i) to reproduce the work in any material form including—

(A) the storing of it in any medium by electronic or other means; or
(B) depiction in three-dimensions of a two-dimensional work; or
C) depiction 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 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—

1. (A) a photograph of any image forming part thereof; or
2. (B) storing of it in any medium by electronic or other means;

(ii) to sell or give on commercial rental or offer for sale or for 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 1[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 for such rental, any copy of the sound recording;

(iii) to communicate the sound recording to the public.
 
 
 Copyright issues in cyber space
1) Intro to copyright
2) Copyright
-Meaning of copyright
-Protected Works
-Rights conferred by copyright
-Ownership of copyright
-First owner of copyright
-Constraint on rights of copyright owners
-Term of copyright
3) Understanding of computer software
4) Computer software and copyright law

-Licenses
-Infringement of copyright
5) Licenses
-Software freeware licenses, Window License, Software open source licenses, Software GNU General Public License
6) Domain names and the law
-Domain name disputes
-Domain name disputes in India
7) Computer databases and the law
8) Trademark issues in cyberspace
-Meta tags, Framing and deep hyperlinking
9) Semiconductor layout and design law