Copyright

A "copyright" offers protection for original works of authorship wherein the rights are given to creators for their literary and artistic works. Copyright protection affords the author of a copyrighted work with specific rights that the author can give or sell to others or keep for him/herself. It only protects the specific and original expression of the idea. The creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author. The author may be • In the case of a literary or o r dramatic work the author, i.e., the person who creates the work • In the case of a musical musica l work, the composer. • In the case of a cinematograph film, the producer. • In the case of a sound recording, the producer. • In the case of a photograph, the photographer. • In the case of a computer generated gene rated work, the person who causes the work to be created. The creator of a work can prohibit or authorize the reproduction through any form, such as  printed publication or sound recording, communicate, public performance, recordings in the form of compact discs, cassettes or videotapes, broadcasting, translation into other languages or adaptation. The uniqueness of copyright is that IP protection arises automatically, without any registration, as soon as there is a record in some form of what has been created. c reated. Coverage of copyright includes, • Novels, • Poems, • Paintings, • Drawings, • Photographs, • Sculpture, • Dramatic works, • Reference works, • Newspapers, • Computer programs, • Databases, • Films, • Sound recordings, • Broadcastings, • Musical compositions, • Choreography, • Architecture, • Advertisements, • Maps, • Technical drawings, • Charts, • Plans. Copyright Enforcement in India Introductory Unit XIII of the Indian Copyright Act, 1957 provides penalties for offences committed under the Copyright Act and empowers the police to take necessary action. The actual enforcement of the law is the duty of the respective State Governments through the police force. However, during the last few years, the Central Government has taken various steps to improve the enforcement of the Copyright Act in order to curb piracy. These measures include setting up of a Copyright Enforcement Advisory Council (CEAC), which has members from all concerned

departments and representatives of industry with a view to regularly review the implementation of the Copyright Act including the provisions regarding anti-pirac y. Indian Copyright Act, 1957 provides penalties for offences committed under the Copyright Act and empowers the police to take necessary action. These are: • Section 63 of the Act provides penalty for an offence of infringement of copyright or other rights under the Act. An offender shall be punishable with an imprisonment for a term of six months to three years and a fine of Rs. 50, 000 up to Rs. 2, 00,000. • Section 63 A of the Act provides for enhanced penalty on second and subsequent convictions. An offender shall be punishable with imprisonment for a term of one year to three years and with fine of Rs 1, 00,000 to Rs. 2, 00,000. • Section 63 B of the Act provides for penalty against using an infringing copy with knowledge of the computer programme held to be an offence. An offender shall be punishable with imprisonment for a term of seven days to three years and with fine of Rs. 50,000 to Rs. 2, 00,000. • Section 64 of the Act empowers the police to seize all infringing copies and plates used for such infringement without warrant. It also states that such materials seized shall be produced  before the magistrate as soon as possible. • Section 65 of the Act provides for penalty for possession of plates for purpose of making infringing copies. An offender shall be punishable with imprisonment for a term up to 2 years and with fine. • Section 65A provides for the protection of technological measures. Under S.65A(1) it is  provided that any person who circumvents the effective technological measure which was applied for the purpose of protecting any of the rights of the owner shall be punishable with an imprisonment which may extend to 2 years and a fine. It is noted that such person should have an intention of infringing such rights. Under S. 65A (2) certain exceptions are given pertaining to the offence of circumventing any technological measure to protect the rights of the owner of a copyright. The exceptions include:       

Purposes not expressly barred by the Act To conduct encryption research using a legal encrypted copy Conduction of a legal investigation Testing security of a computer system or a computer network with the authorization of the owner Operator Conduct with the intent of a surveillance or identification of a user  National Security

• Section 65B provides for the protection of Rights Management Information. It states that any  person who ‘knowingly’:  

Removes or alters any Rights Management Information without authority Distribute/imports for distribution/broadcasts/communicates to the public without an authority of the owner of the work; knowing that the electronic rights management information has been so altered/ circumvented without authority is punishable with an imprisonment which may extend to 2 years and a fine.

This amendment also provides that the owner of a work whose rights management information has been tampered with can take recourse to the civil remedies provided under Chapter XII against such offenders. • Section 66 of the Act provides for disposal of infringing co pies or plates for the purpose of making infringing copies to the owner of the copyright whether the alleged offender is convicted or not. The court under its discretion may make orders for the disposal of copies or plates as it deems fit. • Section 67 of the Act provides penalty for making false entr ies in the official copyrights register, etc. An offender shall be punishable with imprisonment for a term up to one year or with fine or with both.

• Section 68 of the Act provides for penalty for making f alse statements/representation with such knowledge by an offender for the purpose to deceive or influence any authority or officer. An offender shall be punishable with imprisonment for a term up to one year or with fine or with  both. • Section 68A of the Act provides for penalty for contravention of Section 52A (publication of a sound recording or video film in contravention of provisions of Section 52A). An offender shall  be punishable with imprisonment for a term up to three years and with fine.