The document discusses copyright law and infringement in India. It begins by outlining the philosophy and basics of copyright, including what types of works are copyrightable like literary works, dramatic works, artistic works etc. It then discusses key copyright cases in India that set precedents around what constitutes infringement. The document also covers copyright ownership, duration of copyright, exclusive rights granted to copyright owners, infringement, exceptions to infringement, and civil and criminal remedies for infringement.

1. © Brain League IP Services Pvt. Ltd. Now BananaIP
Law of Copyrights and Infringement
By
Vikram Pratap Singh Thakur
Brain League IP Services Now BananaIP

2. Agenda
• Basics about Copyrights
• Infringement
• Remedies

3. Philosophy of Copyright Law
• “To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their
respective Writings and Discoveries”
 Quid Pro Quo
 Gives a creative work and takes exclusive rights

4. Generic Life Cycle
• Author
• Creative Work
• Copyright (Exclusive Rights)
• Term
• Public domain

5. Nature of Copyright
• Idea/Expression
• Original
 Originate from author
• Modicum of Creativity
• Registration

6. Copyrightable Subject Matter
• Literary
• Dramatic
• Artistic
• Musical
• Cinematograph Films
• Sound Recordings

7. Literary work
• Print or Writing Books
• Poems
• Computer programs
• Tables
• Compilations

8. N. T. Raghunathan v. All India
Reporter Ltd
• AIR came up with head notes to case, which
included important excerpts from the case.
• Raghunathan copied those head notes.
• Held that head notes are protectable under
copyright law - Copying them is violation of
copyright

9. V. Govindan vs. E. M. Gopalakrishna
Kone and another
• Compilation of a English - Tamil Dictionary
• The Appellants copied the dictionary slavishly
• Errors, arrangement and words.
• For a different purpose but retained words not necessary
• Dictionary is protectable under copyright - creative
• Held - liable

10. Dramatic Work
• Drama
• Piece for recitation
• Choreographic work
• Entertainment in a dumb show Scenic
arrangements or acting form - fixed in writing or
otherwise

11. Musical Work
• Music
• Graphical notation
• Does not include - words or action - sung,
spoken or performed with music

12. Artistic Work
• Painting
• Sculpture
• Drawing
• Engraving
• Diagram
• Map
• Chart
• Plan
• Photograph
• Architecture

13. Cinematographic work
• Visual recording
• Any medium
• Produced through a process
• Moving image
• Including Sound recording

14. Sound Recording
• Recording
• Any medium
• Produce sounds

15. R.G. Anand vs. Delux Films and
Ors.
• Play
• Two families - Punjabi and Madrasi family - neighbours - Closely
associated - Amni and Chander - Parents come to know -
families relation strained - Girl and Boy decide to commit suicide
- They write a letter - Parents on seeing letter realize the
mistake - Marry them - Everyone happy.

16. R.G. Anand vs. Delux Films and
Ors.
• Movie
• Anand young graduate from punjab comes to delhi - Fights with
the girl 'Janaki'- Tries to find a place for rent but people refuse
to give to any one except south Indians - Disguises as a south
indian and gets a place to stay - Meets the girl Janaki again –
falls in love - Boy's parents come to Delhi - Girl's parents get to
know the identity of Anand - Relations strained - Janaki decides
to commit suicide leaving a letter - Parents realize and get
youngsters married.

17. R.G. Anand vs. Delux Films and
Ors.
• Ideas not protected - Only Expression protected.
• It is infringement only if the expression of thought is copied.
• To prove copying it need not be an exact copy, It is enough if
the substantial portion has been copied - Substantial similarity
in incidents, scenes and treatment.
• Two works showing the same emotion would not be copies
unless the expression has been copied.
• Colourable imitation amounts to violation.

18. R.G. Anand vs. Delux Films and
Ors.
• Test - affect produced on the mind of a person - If the
reader, spectator, person feels that a subsequent work is
a copy of the original.
• There can be no copyright in an idea, subject matter,
themes, plots or historical or legendary facts and violation
of the copyright in such cases is confined to the form,
manner and arrangement and expression of the idea by
the author of the copyrighted work.

19. Ownership
• First Owner – Author
• Sound recording and Cinematograph film –
Producer
• Employment – Employer
 Contract of service
• Commissioned work
 Valuable consideration

20. Term
• Literary, Dramatic, Artistic or Musical works
 Life plus sixty years
• Photographs – Sixty years
• Government - Sixty years
• Cinematographic work - Sixty years
• Sound recording – Sixty years
• Public undertaking – Sixty years
• Anonymous works
 Sixty years
 Owner details known, lifetime + sixty years
• Posthumous works
 Sixty years

21. Exclusive rights
• Bundle of rights
• Reproduction
• Issue copies
• Distribute
• Public performance or communication
• Translation
• Adaptation
• Sell or Hire

22. Moral Rights
• Paternity - authorship
• Integrity - prevent distortion, mutilation,
modification
• Section 57

23. Performer's rights
• Actor, Musician, Juggler, Snake charmer, Acrobat,
Lecturer, etc
• Term - 50 years
• Rights
 Make sound recording or visual recording
 Reproduce sound or visual recording of performance
 Communicate to public
 Broadcast or otherwise

24. Transfer of Copyright
• Assignment or License
• Valid only if it is in writing and signed by
assignor or agent
• Reversion of License - 1 year

25. Compulsory License
• Conditions
 Published or Performed in public
 Author refuse to republish or perform
 Not reasonable terms
 Withheld from public

26. Infringement
• Section 51
• Any person
• Without license
 Owner
 Registrar
• Does anything that is exclusive right of
copyright owner
• permits for profit any place to be used for the
communication of the work

27. Infringement
• Any person
 makes for sale or hire,
 sells or lets for hire,
 displays or offers for sale or hire.
 Distributes
 Exhibits
 Imports

28. Infringement
• Existence of copyright
• Owner of copyright
 Copying
 Access
 Substantial similarity
• D Narayan Rao v. V. Prasad
– Two and a half minute speech in a three hour movie
• Look and feel test

29. Bradford v. Sahara
• Romance novelist Barbara Taylor Bradford - A Woman of
Substance
• Sahara TV - 260 PART Television series in India
• Karishma - Miracles of Destiny - 13 million dollars USD
• Servant to head of an international organization
• Street sweeper to head of an international corporation
• Woman looking back on her life narrates
• Idea not expression - Held not liable

30. Exception to copyright infringement
• Private use
• Teaching and Education
• Research
• Criticism or Review
• News reporting
• Judicial proceeding
• Legislative proceedings
• Archival for library

31. Civil Remedies
• Injunction
• Damages
• Costs

32. Criminal Remedies
• Imprisonment
 6 months to 3 years
• Fine
 50,000 - 2 Lakhs

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