Copyright forms one of the Intellectual Property rights is well established in India following the establishment of WTO and ratification of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The objective of this agreement is to uphold the rights of the members of WTO in the matter of intellectual properties . The absence of such a right is looked upon as an obstacle to free trade and services throughout the world. Thus TRIPS provides minimum standards of protection towards exercise of these rights by creating obligations for the member countries to enact suitable laws in line with obligations created under TRIPS.

India being a full-fledged member of WTO has accepted the obligations entailed under the TRIPS and modified and amended the Copyright laws to bring those in tune with the obligations. The old act Indian Copyright Act, 1957 was substantially amended by the Copyright ( Amendment) Act, 1999 which are attempts to fulfill the obligations India undertaken by being a party to the GENEVA Convention for the protection of rights of Producers of Phonograms and to the Universal Copyright Convention. India is also an important member of the World Intellectual Property Organization (WIPO), Geneva and UNESCO.

Now it would be appropriate to examine the conditions which a particular work seeking copyright needs to comply with in relation to Indian works. These may listed as follow:

1. The work must be published in India;

2. Where the publication takes place outside India and the author, at the date of publication must be a citizen of India. Where the publication was made after the author's death , the author must have been at the time of his death , a citizen of India;

3. In the case of unpublished work , the author is on the date of making of the work , a citizen of India or domiciled in India;

4. In the case of an architectural work of art , the work should be located in India.

It is important to note here that the term “copyright” differs in nature in relation to the nature of the work and the persona of the right-holder. Whether the right-holder is a natural person or a juristic creation viz., corporate bodies , governments etc.

In the case of literary, dramatic, musical or artistic work other than a photograph when published during the lifetime of the author , the copyright subsists during the lifetime of the author plus fifty years. This is a norm which has gained universality. Where a particular work is done jointly viz., by more than one author the said fifty year would commence after the death of the last surviving author.

In the case of anonymous or pseudonymous work the term of a copyright is fifty years from the year of the publication of the work. If the identity of the author comes to light before the expiry of the fifty years, the term will get extended by fifty years from the death of the author.

In the case of posthumous work the term of copyright will be fifty years from the date of the publication.

The period of copyright is fifty years from the year of its publication. The same is case with cinematograph film and record. Where the government or a public undertaking is the first owner of a copyright , the term of a copyright is fifty years from the year of publication.

An author may create a work on his or her own behalf or at the instance of another person for valuable consideration or in the cause of employment by another person . In the first case the author is the owner of the copyright in the work. Authors who are writers of books or musicians who compose music come under the category. There are cases when a particular work is produced at the instance of someone who becomes the owner of the copyright.

While examining this category of intellectual properties , it must be borne in mind that copyright is not positive right but a negative that is a right to prevent others from exploiting the work without the permission or explicit consent of the owner of the copyrights. A work may be derived from some other work which is under copyrights protection as in the case of translation, adaptation or abridgements. What is interesting is that he can prevent others from exploiting it but he can not exploit it without the explicit consent or a license from the original copyright-holder.

Copyright is not single right but consists of a number of rights and the owner may so decide to commercially exploit just one and retaining the remainder with himself. One right that is very common in copyrights is the right to make copies of a work.

The author has got certain rights which are known as “moral rights” which are different from the rights which are known as “economic rights”. These include : a) the right to publication (whether to publish the work or not); b) the right to claim authorship of a published or exhibited work ( the right of paternity); c) the right to prevent alteration and other actions that may damage the author's honour or reputation ( right of integrity). These moral rights stay with the owners in spite of the transfer of a copyright and if the author is willing to transfer these he can do so in writing through assignment.

It is worth noting that no copyrights can be created in ideas however novel or original these may be. And copyright gives recognizes the skills and labours that go into creating a work not the raw materials form which a work is made.

There are some exceptional situations where the infringement of copyrights laws is not taken cognizance of and objectives are to enable the encouragement of private study and research and promotion of education. Thus, publication of short passages, restricted reproduction or performance for educational purposes is permitted.

• Written by chinmoymukherjee.
• In category Law & Legal.
• 14 years ago.

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