Description

Copyright infringement not intended

Picture Courtesy: https://www.legalkart.com/legal-blog/copyright-law-in-india

Context:

The copyright violation dispute between Dhanush and Nayanthara is over the use of a short video clip from the film Naanum Rowdy Dhaan in a biopic about Nayanthara's life.

About Copyright Act 1957

The main objectives of the Copyright Act of 1957 are to protect authors, composers, artists, designers, and other creative individuals' rights to their original expression.

Section 13 of the Act, explains that copyright law protects the following:

Original Literary Works (including computer programs, tablets, and compilations like computer databases)
Original Dramatic Works
Original Musical Works
Original Artistic Works
Cinematograph Films
Sound Recordings

The Act grants a copyright holder two types of rights

Economic Rights

According to Section 14 of the Copyright Act of 1957, the economic rights of the copyright owner of original literary, musical, and dramatic works include:

Right to reproduce the work
Right to issue copies to the public
Right to perform the work in public
Right to make cinematographic and sound recordings
Right to make translations of the work
Right to make adaptations of the work

Moral Rights

The moral rights protected under Section 57 of the Copyright Act, 1957 are:

Right to Paternity to assert authorship and prevent others from claiming credit for the work.
The right to integrity to prevent the work from being distorted, modified, or mutilated in a way that would harm the author's honor or reputation.

Remedies available under the act

Section 63 of the Copyright Act outlines criminal remedies for copyright infringement, including:

Imprisonment for a minimum of six months, extendable to three years.
A fine ranging from Rs 50,000 to Rs 200,000
Search and seizure of violating goods.
Delivery of counterfeit goods to the copyright holder

Concept of 'fair dealing' under the Copyright Act, 1957

Copyright owners do not have complete control over their works. While they have the right to control access to their work, this is balanced by other rights that allow society to access it under certain conditions.

Section 52 of the Copyright Act of 1957 allows for fair dealing, which allows the use of copyrighted material for specific purposes such as commentary, criticism, and education without constituting violation.

Permitted use under fair dealing include:

Private and personal use, including research
Criticism and Review
Reporting about current events or issues
Reproducing or publishing work for educational purposes.
Reproduction of works in court proceedings

Berne Convention

In 1928, India ratified the Berne Convention for the Protection of Literary and Artistic Works (1886). It ensures that foreign creators receive the same level of copyright protection in India as Indian creators, thus contributing to the global protection of literary and artistic works.

Must Read Articles:

COPYRIGHT PROTECTION OF RELIGIOUS TEXTS

COPYRIGHT ISSUE

Source:

The Hindu

PRACTICE QUESTION

Q.Critically analyze the significance of the Copyright Act, 1957 in balancing the rights of creators and the public. (150 words)