Author – Mayukh Parial 2nd Year, BBA.LLB(H), UEMK Contact – mayukhparial@gmail.com LinkedIn: www.linkedin.com/in/mayukh07
ACKNOWLEDGEMENT: In spite of and addition to the due mention and recognition given to priorly existing literary work used for reference/citations in compiling/arranging the data incorporated in this paper, the Author humbly proclaims that if any further due bibliographical recognition is claimed for or requested it will be duly acknowledged and granted. The purpose of this paper therefore stands only for educational enrichment and beneficence. The Author’s intentions are bonafide and doesn’t scheme for any unjust undertaking. Hope it serves its value bonafidely and the Author vouches that any positive criticism and suggestions towards this paper is highly appreciated and will be duly considered/reflected. Wishing all the avid readers a very informative and intellectual read. Regards.
INTRODUCTION: SUBSTANCE OF COPYRIGHT
Copyright is a type of intellectual property that protects the original works of creativity as soon as the author fixes a tangible form of definite expression. It ranges from literary authorship works, graphic/architectural designs, computer softwares to musical creations as well. Under Copyright Law, a work is considered to be deemed fit for the purpose if it is devoid and bereft of any duplication or reciprocation. To qualify for copyright protection, a work has to be ‘original’ in the sense that the work exhibits the author’s own intellectual creation. Copyright is the exclusive legal right of the owner of the intellectual property to use it as per their discretion and also to confer authorisation to any other person to replicate/duplicate their original/novel work. Copyright gives authors of works rights to control the use or commercial exploitation of the works that they have created. This includes the exclusive right to copy, issue copies, rent or lend, perform, show, play, communicate the work to the public or adapt the work, and the right to stop others from doing any of these things without their consent. Copyright is a hugely complex area of law which gives territorial rights on a country-by-country basis which are recognised globally through a series of international treaties. Copyright allows the owner to prevent the reproduction of a ‘substantial’ part of the copyright work; a test which is satisfied on a ‘qualitative’ basis. Once a copyrighted item ceases to expire of its validity of registration, it becomes a matter of public domain. A copyrighted work is also referred to as ” Original Work of Authorship (OWA) “. Copyright has its wings fluttering across many jurisdictions and each has its own distinct/unique specialties and features to ponder upon. Let’s unveil what comes under the purview of Copyright Laws in/under US, UK and Japan. The elaborations on this concern are extrapolated as follows:
[1] UNITED STATES OF AMERICA
The inception of copyright laws in USA is from the emergence of printing press in England in the fifteenth century. More than 200 years later also, the purpose of U.S Copyright Laws remains the same fundamentally; to provide economic/commercial benefits for fostering creative labour. Its pivotal object is to protect American creativities internationally. The American Federal Court in its 1975 decision in Twentieth Century Music Corp. v. Aiken, held that the immediate effect of our copyright law is to secure a fair return for an author’s’ creative labour. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good. Copyright ownership may be held by any person/institution. Any and all of the copyright owner’s exclusive rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights being transferred. United States Copyright Law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause. Under the Copyright Clause, Congress has the power to promote the progress of science and useful arts, by securing for limited time periods to authors and inventors the exclusive rights to their respective Writings and Discoveries. The United States Copyright Office handles copyright registration, recording of copyright transfers, and other administrative aspects of copyright law. These exclusive rights under its purview are subject to a time and generally expire 70 years after the author’s death or 95 years after publication. In the United States, works published before January 1, 1929 are in the public domain. In US Copyright Law, Section 5.1.1 talks about ” Fair Use ” of copyrighted work may include the practice of reproducing copyrighted material/items/substance over which another has monopoly rights bonafidely for select purposes such as criticism/comment/news reporting/academics etc. ‘Reproduction’ in this context includes reproduction in any material form and so could be as a result of printing, including copyright works in TV programmes, films or publications, distributing copies of the work on the internet, or making a copy in 2D or 3D of a work. Copyright allows the owner to prevent the reproduction of a ‘substantial’ part of the copyright work; a test which is satisfied on a ‘qualitative’ basis.
[2] UNITED KINGDOM
The conceptual birth and origin of Copyright protection and legislative concerns about the same in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but did not give any rights to authors. The modern concept of copyright originated in Great Britain, in the year 1710, with the Statute of Anne. This Act prescribed a copyright term of fourteen years, and permitted the author to renew for another fourteen years, after which the work went into the public domain. Over the years, additional acts and case law steadily refined the definitions of what could be protected, including derivative works, and the degree of protection that is ought to be given. The Copyright Act, 1911 codified the scope and ambit of Copyright law in the United Kingdom of Great Britain and Ireland and the rest of the British Empire. With the gradual acknowledgement of diverse progress and development in intellectual/artistic spheres in UK, The Copyright Act of 1956 extended protection to film and cinematic creations as well under its purview. For Britain and Northern Ireland, the protections are now governed by the Copyright, Designs and Patents Act 1988, which came into force on 1st August 1989. The 1911 Act provides that an individual’s work is automatically under copyright, by operation of law, as soon as it leaves their mind and is embodied in some physical form: be it a novel, a painting, a musical work written in manuscript, or an architectural schematic. This remains the legal position under the Schedules of the subsequent legislations: 1956 Act and of the 1988 Act. Once reduced to physical form, provided it is an original work and not having been copied from an existing work, then the copyright vests the author automatically who put the concept into material form. There are exceptions to this rule, depending upon the nature of the work, if it was created in the course of employment – Where the apparent creator of the work composed it in the course of employment, the employer is treated as the first owner of the copyright. In order to grant copyright protection, UK copyright law recognises the element of labour and skill used in compiling them, even though they are not in truth original works (being entirely derived from existing records), applying the doctrinal principle of Sweat of the Brow. ‘Unfair Use’ is sometimes applied in that context, to refer to the use of a work into which someone has invested a lot of skill and labour, but where little or no originality is present. In UK, it is possible for more than one copyright to subsist in respect of a single item. UK Copyright Laws provides for several general exceptions and deters some scenarios from coming in the domain of IPR Protection. These are purposes of “Fair Dealing” as follows: (i) Research and Private Study Fair dealing with any in-copyright work for the purpose of research for a non-commercial purpose. (ii) Fair dealing with a work for the purpose of quotation, criticism or review, or news reporting, caricature, parody or pastiche accompanied by a sufficient public acknowledgement of such use. The King James Version of the Bible and the Book of Common Prayer are in the public domain in most of the world but in United Kingdom, the Crown however claims a perpetual right under the royal prerogative. Radio broadcasts, printed works, posthumous works are recognised in UK Copyright Laws and the protection is valid upto 70 years from the date of grant and is further subject to renewal and replenishment upon expiry of the said term.
[3] JAPAN
The Copyright Law of Japan is a comprehensive framework that protects intellectual property rights. It consists of two main parts: Author’s Rights and Neighbouring Rights. Author’s Rights pertain to the protection of works in which thoughts or sentiments are expressed in a creative way, falling within the literary, scientific, artistic, or musical domain. These rights include moral rights which are non-transferable and remain with the author until they expire. This is perhaps a very distinct and unique attribute in comparison/contradiction to the other jurisdictions. They include the right to decide when and how a work will be made available to the public, the right to control the modification of a work, and the right to choose how their authorship is represented in the work. Neighbouring Rights protect the interests of performers, producers of phonograms, broadcasters, and cable casters. The law outlines the scope of application, the substance of rights, limitations of copyright, term of protection, transfer and expiration of copyright, compensation, registration, dispute resolution, infringement of rights, and penal provisions. The law considered as the first copyright law in Japan is the “Publishing Ordinance” of 1869. Japan was a party to the original Berne Convention in 1899, so its copyright law is in sync with most international regulations. A full-fledged, modern copyright system was established in Japan with the “Copyright Law” of 1899. The Meiji government, after negotiating with European countries and the US on the abolishment of their extraterritorial rights, agreed to accede to the Berne Convention in the 1894 Japan-Britain treaty of commerce and navigation etc. in exchange for the abolishment of extraterritorial rights. The convention stipulated raising standards for protection of intellectual property rights and the equal treatment of nationals and non-nationals. Japan acceded in 1899, the deadline set, and also reorganized and integrated several laws including the “Hanken Law” and established the “Copyright Law” in compliance with agreed standards under the Berne Convention. This “Copyright Law” is referred to as the old Copyright Law in contrast to the current Copyright Law, and was drafted by Dr. Rentaro Mizuno. The law initially protected copyrighted works for 30 years after the author’s death, which was extended to 50 years in 1970, and further extended to 70 years for cinematographic works in 2004. As of the end of 2018, the 70-year term was applied to all works. The definitive version of Japanese law regarding copyright exists only in Japanese text. However, unofficial English translations can be found on the Japanese Ministry of Justice’s website. Authors are responsible for registering their work and assigning copyright to the publisher. Publishers must register their works with the Agency for Cultural Affairs. Relevant legislation includes the Copyright Act (Act No. 48 of 1970), the Act on Registration of Program Works (Act No. 65 of 1986), the Act on Management Business of Copyright and Neighbouring Rights (Act No. 131 of 2000), and the Intellectual Property Basic Act (Act No. 122 of 2002).
DISTINGUISHING THE SPIRIT OF COPYRIGHT LAWS ACROSS MULTIFARIOUS JURISDICTIONS: A CRITICAL DEMARCATING DISCERN
INTRODUCTORY SCOPE OF THE RESEARCH
Proliferation of digitalisation, blooming cybernated advancements, means of creativity, inclination towards liberalised technology transfer and the like/related has led to the wide recognition of copyright laws across multifarious international jurisdictions. There is no strict stipulated concept of the so acclaimed concern “International Copyright Laws” for it is nothing than just the clubbing of Copyright Laws of various countries and harmonising them under the same roof or umbrella. Each country has its intrinsic domestic copyright laws that apply to its own citizens, and simultaneously extends to the use of foreign content when used in one’s own country. It allows an original creator and birthgiver of the intellectual child of the mind protection, privilege and security around the world and facilitates citizens of many countries to enjoy copyright protection in countries other than their own. Reproduction, adaptation and translation, distribution, display, communication and performance of creative works in public and the level of exposure given to the copyright titleholders vary from one nation to another. Therefore, critically examining the essence of Copyright Laws present in different countries and the multitudinal aspects of each are worthy and lucrative enough to gaze upon. In light of the erstwhile submitted data pertaining to Copyright Laws of United States of America, United Kingdom and Japan, this present document adds on to the former research and extrapolates further deeply regarding the comparative analysis amongst the mentioned jurisdictions with due respect to the inclusion spheres of Indian Copyright Laws as well. Let’s dive deep and unwrap the intricate findings on the subject. The distinctions have been laid out on the basis of their substance respectively as follows:
(A)Statutory and Interpretative Essence
United States Copyright Law explicitly exists in the Copyright Act of 1976, codified in Title 17 of the United States Code. In the United States, Copyright is defined as a type of intellectual property that protects original works of authorship and creativity as soon as an author fixes the work in a tangible form of expression. This means that the work to be copyrighted must be in a form in which it can be perceived by others, either directly, or with the use of a device. It should not exist priorly or should not be conceived by any other person. Works are considered original when they are independently created by exercising mortal intellect and have substantial tincture/degree of creativity. The US Federal Court has said that, to be creative, a work must have a spark and modicum of creativity. Nevertheless, there are some things that are not creative, like: titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or colouring; and mere listings of ingredients or contents.
Copyright law provides copyright owners with the exclusive rights to reproduce the work in copies or phonorecords, prepare derivative works based upon the work and distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending. S.102 of Title 17 of the US Code defines copyright more promptly/statutorily as follows: “ (a)Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.” The United States Copyright Laws are contained in chapters 1-8 and 10-12 of Title 17 of the United States Code. The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19, 19763. It includes the Copyright Act of 1976 and all subsequent amendments to copyright law. Under S.106, the owner of a copyright has the exclusive right to reproduce, distribute, perform, display, license, and to prepare derivative works based on the copyrighted work.
Comparatively, UK Copyright Laws are governed by Copyright, Designs and Patents Act 1988, which came into force on 1st August 1989. The Act provides that an individual’s work is automatically under copyright, by operation of law, as soon as it leaves their mind and is embodied in some physical form: be it a novel, a painting, a musical work written in manuscript, or an architectural schematic. Just like in USA, under UK legislative framework literary, dramatic, musical, and artistic works, as well as sound recordings, films, and broadcasts are duly protected. Artistic works include all kinds of graphical works, including photographs. It gives creators of these works the exclusive right to control the use of their works for a certain period of time, such as the right to reproduce, distribute, and display their work, as well as the right to create derivative works. CDPA, includes not just conventional works such as books and written articles, but also a table or compilation, a computer program, preparatory design material for a computer program, and a database. Severing the last set of works, rest of the articles/items/matter are quite synonymous with US Copyright scopes. Hence, UK pivotally focuses on (i) Subsistence: Copyright arises automatically once an original work is fixed and registration procedures are not mandatory at first instance. To reap the fruits of copyright protection, the work must not be replicated. (ii) Ownership: Copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright is also a commodity which can be sold, licensed or left in one’s will similarly as other forms of property.
On the other hand, in Japan, Copyright Laws are inferred collectively as per convenience from international treaties, regulations, ratifications and agreements instead of a piecemeal legislative deliberation. In Japanese it is called “著作権法 or Chosakukenhō”. As penned down in the previous research, Japanese Copyright Laws mainly coaxed by/from The Berne Convention of 1899, include (i) Author’s Rights (thoughts or sentiments are expressed in a creative way, falling within the literary, scientific, artistic, or musical domain) and (ii) Neighbouring Rights (interests of performers, producers of phonograms, broadcasters, and cablecasters). The overall substantial rights are same as previously discussed jurisdictions but differ in mettle and technical aspects which has been discussed in subsequent provisions of this paper.
(B) Historical Origin & Evolution Trends
Each of the jurisdictions have their unique history and inspiration sources from which their Copyright Laws got a precise shape as it stands and exists today. The urgency to create a set of laws dedicated towards Copyright and creative work protection emerged primarily from the bolstering production and rise of the printing press in Britain. During that period in time, The Crown and the Church were major adjudicators on granting legitimacy to creative and intellectual works. So, the Copyright laws of USA, UK & India are to the greatest extent impacted by the industrial revolution and has grown over the period of time on similar lines. Japan is no exception but unlike other jurisdictions, Japan has not got any legislative history or developmental trends per se as they don’t have their own inherent framework for copyright laws and most of it is derived/inferred/implied from international treaties and conventions to which it is a party to. The advent of digital technology era poses new challenges for copyright and led to the emergence of updated laws to address issues like online piracy, digital distribution, and fair use. The WIPO Copyright Treaty,1996 and The Digital Millennium Copyright Act (DMCA) (1998) reflect these changes. Today, copyright laws continue to evolve, adapting to technological advancements and global interconnectedness. They balance the rights of creators with public access to knowledge and culture and henceforth the laws in all nations are slowly leaping towards flexibility than rigidity. There’s not much difference across international jurisdictions on this regard.
Glaring upon the anatomy of Indian copyright laws, we find that the concept of copyright arrived in India during the British rule. The initial enactment in 1847, based on the British Statute of Anne (1709), offered limited protection for the lifetime of the author and an additional tenure of seven years, with a maximum term of 42 years. This law primarily served the interests of British publishers/authors. In 1914, the British introduced a more comprehensive Copyright Act, largely mirroring the UK’s 1911 Act. However, these colonial laws failed to adequately recognize and secure the rights of Indian creators. Following independence, India enacted its own Copyright Act in 1957. This act marked a significant shift. It brought India into alignment with international copyright norms established by conventions like the Berne Convention for the Protection of Literary and Artistic Works. The 1957 Act broadened the scope of protected works, encompassing literary, artistic, dramatic, musical, cinematographic, and sound recordings. It also established a framework for copyright ownership, transfer, and remedies for infringement. Over the passage of time, the 1957 Act has been subject to a multitude of refinements and amendments to address emerging challenges and technological advancements. The modifications have been highlighted as follows:
• 1992 Amendment: Introduced provisions for computer software protection.
• 1999 Amendment: Strengthened enforcement measures to combat piracy.
• 2012 Amendment: Aligned Indian copyright law with the World Intellectual Property Organization (WIPO) treaties, further harmonizing India’s copyright regime with international standards.
Looking ahead, the evolution of copyright law in India reflects the nation’s growing recognition of the creative economy’s importance. As technology continues to reshape how creative content is produced and consumed, Indian copyright law will likely need further adaptation. Balancing the rights of creators with fostering innovation and access to knowledge will be a crucial consideration in the years to come. However, a scope for further research avenues and improving/rectifying the impediments always exist. Some potential areas which should reflect in further research include the impact of judicial pronouncements on shaping copyright jurisprudence in India, the challenges and opportunities posed by new technologies like blockchain and artificial intelligence for copyright protection and the balancing act between copyright enforcement and the right to freedom of expression. By delving deeper into these aspects, we can gain a richer understanding of copyright law’s role in fostering India’s vibrant creative landscape.
(C)Extent, Scope and Designation of Copyright Registration & Protection
In 1989, the Berne Convention became effective in the U.S. Since that date, U.S. authors obtain copyright on their works automatically, with registration no longer required. However, many U.S. texts on copyright have not been updated and still echo the old registration principle. For more information, section 610.6(C) of the Compendium of U.S. Copyright Office Practices, Third Edition can be referred to. Any work falling appropriately within the criterion of US Laws can be registered at the U.S. Copyright Registration Office and online registration through the electronic Copyright Office (eCO). Please refer to Circular 2, Copyright Registration for more details regarding the same. The U.S. Constitution set the stage for Congress to pass copyright laws to protect creative works, but copyright protection does not last forever. The Constitution gave Congress the power to grant copyrights only for “limited times.” Copyright law protects a work from the moment the author creates and fixes it in a tangible form of expression, such as on paper, in a recording, or in a digital photograph. The length of copyright protection depends on several factors. Generally, for most works created after 1978, protection lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, the copyright term is 95 years from the year of first publication or 120 years from creation, whichever comes first. Penalties for violating copyrights can vary depending on the nature and severity of the infringement.
In case of Criminal Copyright Infringement – For the first time, a person can face conviction upto 5 years in prison and fine upto $250,000 when charged with unauthorized reproduction or distribution of at least 10 copies or phonorecords, or 1 or more copyrighted works, with a retail value of more than $2,500. Please refer to “Both imprisonment and fines” for statutory provision in more details. Repeat offenders may be sentenced to a maximum of 10 years imprisonment and/or a $250,000 fine. Misdemeanour violations (e.g., reproducing or distributing fewer copies or items) can result in up to one year in prison and a maximum fine of $100,000. In case of Civil Copyright Infringement – civil penalties apply and liability for civil copyright infringement can result in: (i)Actual damages (the dollar amount of damages and profits). (ii) Statutory damages ranging from $200 to $150,000 per work infringed. (iii) Payment of attorney’s fees and court costs. (iv) Court-issued injunctions to stop infringing acts. (v) Impoundment of illegal works.
In United Kingdom, Copyright is automatic and applies as soon as a work is created, meaning that creators do not have to register their work or put a copyright notice on it in order to be protected under UK copyright law. However, comparatively in USA, registering the work with a copyright office can make it easier to enforce the copyright. In this regard, copyright differs from patents, trademarks, and registered designs, in that copyright is an unregistered intellectual property right. The duration of copyright protection for literary, dramatic, and artistic works is generally the life of the author plus 70 years from the end of the calendar year in which the author dies. In the case of sound recordings and broadcasts however, copyright protection expires at the end of the period of 50 years from the end of the calendar year in which the recording is made. [ Ref. https://www.law.cornell.edu/uscode/text/17/501 ] UK Laws doesn’t mandate examinations or approvals for Copyright registrations and any person can reach out to the Intellectual Property Office for getting their work registered/ for licensing. No fees are required. [Ref. https://www.gov.uk/copyright].
There are some exceptions to copyright protection, such as for the purpose of criticism, review, news reporting, and teaching. Use of copyrighted works without permission, but for these purposes, is known as “fair dealing”. In contrast to the fair use concept of USA, UK and India follows the “Fair Dealing” concept which endorses (i) Research and Private Study Fair dealing with any in-copyright work for the purpose of research for a non-commercial purpose. (ii) Fair dealing with a work for the purpose of quotation, criticism or review, or news reporting, caricature, parody or pastiche accompanied by a sufficient public acknowledgement of such use.
The concepts of fair use and fair dealings have a few subtle but pronounced differences. Fair use is a wider concept, with more protections against infringement. Fair dealings, however, only protects those infringements which have been written into the copyright laws of the jurisdiction in question. For a more vivid study on the matter,[Ref.https://articles.manupatra.com/article-details/FAIR-DEALINGS-AND-FAIR-USE-CRITICALLY-ANALYSING-THE-COPYRIGHT-EXEMPTION DOCTRINES-IN-PLACE-IN-INDIA-AND-THE-UNITED-STATES] has been and can be referred.
If we glance upon Japan’s Copyright Laws, the Japan Copyright Office established in 2001, deals with all the registration process. It exercises its authority/control on various aspects such as registration, protection from infringement, transfer of ownership, presentation and keeping checks and balances on limitations – exceptions. Any person who infringes copyright, right of publication, or neighbouring rights may face criminal penalties which include: (i) Imprisonment with work for a term not exceeding 10 years. (ii) A fine of not more than ¥10 million. or (iii) combination of both. Proving the criminal intent however is a matter of expert/juridical concern.
Locus of Indian Copyright Laws: An Idiosyncratic Module on the Global IP Platter
The Copyright Act,1957 is the primary legislation governing and reflecting on the subject of copyright law in India. The Act came into force from 21st January 1958. The history of copyright law in India can be traced back to its colonial era under the rule of Britishers. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. India is a member of quite a few major international conventions governing the area of copyright law, including the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Initially, India was not a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) but subsequently entered the treaty in 2013 and became signatory to it.
As per S.2 of the 1957 Act, the following plethora of works are designated eligible under its purview for protection and registration – literary works, dramatic works, musical works, artistic works, cinematograph films and sound recordings, government data and other anonymous/pseudonymous works. Literary, dramatic, musical and artistic works are entitled privileges for the tenure of lifetime of the author and subsequently additional sixty years from the beginning of the calendar year next following the year in which the author dies. Anonymous and pseudonymous works, Cinematography films, Sound records, crucial data concerning the Government, Public undertakings and International Agencies, photographs get protective validation for a time frame of sixty years from the beginning of the calendar years next following the year in which the work is first published. Copyrights of works of the nations which have their due mention/recognition in the International Copyright Order are protected in India, as if such works are registered or protected under Indian copyright laws. The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin. The original author/producer/creator of an intellectual creation is generally considered as the first owner of the copyright under the Copyright Act 1957 but for works made in the course of an author’s employment under a “contract of service” or apprenticeship, the employer is considered as the first owner of copyright, in the absence of any agreement to a contrary proposition.
India recognises the concept of “Joint Authorship” in Section. 2(z) of the Act which provides that “a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors” is a work of joint authorship. Najma Heptulla v. Orient Longman Ltd. and Ors. is a leading case law for reference on this matter. In a 2016 copyright lawsuit, the Delhi High Court ruled that copyright is “not an inevitable, divine, or natural right that confers on authors the absolute ownership of their creations. It is designed rather to stimulate activity and progress in the arts for the intellectual enrichment of the public. Copyright is intended to increase and not to impede the harvest of knowledge. It is intended to motivate the creative activity of authors and inventors in order to benefit the public”.[Reference-https://www.techdirt.com/articles/20160917/00432335547/indian-court-says-copyright-is-not inevitable-divine-natural-right-photocopying-textbooks-is-fair-use.shtml]. Section 19 of the Copyright Act,1957 briefly states that the modes of assignment of copyright in India can only be in writing and must specify the work, the period of assignment and the territory for which assignment is made. If the period of assignment is not specified in the agreement, it shall be deemed to be five years and if the territorial extent of assignment is not specified, it shall be presumed to be limited to the territories of India. In Pine Labs Private Limited vs Gemalto Terminals India Limited, Delhi High Court’s division bench affirmed this opinion and held that in cases wherein the duration of assignment is not specified, the duration shall be deemed to be five years and the copyright shall revert to the author after five years. There are certain exemptions in select scenarios iterated in the 1957 Act which are immune/privileged from being treated under copyright infringement even if the use is without prior consent or authorisation of the owner/creator.
India emulates the “Fair Dealing” concept imbibed from UK (elaborated earlier) and the constituents falling under it have been previously extrapolated for reference. The doctrine has not been defined anywhere in the Copyright Act 1957, but it stands as an inseparable substance or element in different judgments such as in the decision of the Supreme Court of India in Academy of General Education v. B. Malini Mallya (2009) and the Civic Chandran v. Ammini Amma. In September 2016, the Delhi High Court pronounced in Delhi University’s Rameshwari Photocopy Service Case, which sold photocopies of chapters from academic textbooks was not infringing on their publisher’s copyright, arguing that the use of copyright to “stimulate activity and progress in the arts for the intellectual enrichment of the public” outweighed its use by the publishers to maintain commercial control of their property.
The Copyright Act,1957 provides three kinds of remedies – administrative remedies (detention of the infringing goods by the customs authorities), civil remedies such as (injunctions, damages and payback of unjust commercial enrichments) and criminal remedies (imprisonment upto 3 years along with a fine upto Rs.200,000). Section 9 of the Copyright Act establishes the Copyright Office for the purpose of dealing with the matters of copyright administration and is under the immediate control of a Registrar of Copyrights to be appointed by the Central Government, who would act under the superintendence and directions of the Central Government. Online registration through “E-filing facility” has been provided from 8th September 2009, which facilitates the applicants to file applications at the time and place chosen by them as per their convenience.
In Eastern Book company v Navin J.Desai, the question involved was whether there is any copyright in the reporting of the judgment of a court. The Delhi High court observed: It is not denied that under section 2(k) of the Copyright Act, a work which is made or published under the direction or control of any Court, tribunal or other judicial authority in India is a Government work. Under section 52(q), the reproduction or publication of any judgment or order of a court, tribunal or other judicial authority shall not constitute infringement of copyright of the government in these works. It is thus clear that it is open to everybody to reproduce and publish the government work including the judgment/ order of a court. However, in case, a person by extensive reading, careful study and comparison and with the exercise of taste and judgment has made certain comments about judgment or has written a commentary thereon, may be such a comment and commentary is entitled to protection under the Copyright Act. The Court ruled that in terms of Section 52(1)(q) of the Act, reproduction of a judgment of the court is an exception to the infringement of the Copyright. The orders and judgments of the court are in the public domain and anyone can publish them. Not only that being a government work, no copyright exists in these orders and judgments. No one can claim copyright in these judgments and orders of the court merely on the ground that he had first published them in his book. Changes consisting of elimination, changes of spelling, elimination or addition of quotations and corrections of typographical mistakes are trivial and hence no copyright exists therein.
In Godrej Soaps (P) Ltd v Dora Cosmetics Co, the Delhi High Court held that where the carton was designed for valuable consideration by a person in the course of his employment for and on behalf of the plaintiff and the defendant had led no evidence in his favour, the plaintiff is the assignee and the legal owner of copyright in the carton including the logo. To meet the ever-increasing challenges, as posed by the changed circumstances and latest technology, the existing law can be so interpreted
that all facets of copyright are adequately covered. This can be achieved by applying the purposive interpretation technique, which requires the existing law to be interpreted in such a manner as justice is done in the fact and circumstances of the case. [ Reference – https://www.legalserviceindia.com ]
India can learn and incorporate several aspects from the copyright laws of other countries such as providing/facilitating for an extended duration of Copyright Protection: The Berne Convention stipulates that the duration of the term for copyright protection is the life of the author plus at least 50 years after their death. However, several countries, including the European Union and the United States, have extended that to 70 years after the author’s death. Mexico has the lengthiest term at 100 years after the author’s death. India could consider extending the duration of copyright protection to align and maintain parity with these international standards.
CONCLUSION: Bridging Lacunae & Fostering Better International Copyright Law Nexus
Studying, analysis and comparing copyright laws of international jurisdictions we grasp hold of why it has significant importance in today’s globalized world. Amongst many, these are some handpicked prospects/issues that catches our attention more deeply:
1. Informed Decision Making:
• Creators and Businesses: Understanding how different countries protect copyright allows creators and businesses to make informed decisions about where and how to distribute their works. They can leverage jurisdictions with stronger protections or longer copyright terms.
• Lawyers and Legal Professionals: Comparative analysis equips lawyers with the knowledge to advise clients effectively on international copyright issues. They can navigate complex legal scenarios involving cross-border copyright infringement.
2. Strategic Advantage:
• International Reach: By understanding the nuances of copyright laws, businesses can exploit opportunities in new markets. They can tailor their copyright strategies to specific jurisdictions, maximizing protection and minimizing risks.
• Avoiding Infringement: Similarly, studying international copyright law helps businesses avoid unintentional infringement. They can learn about fair use limitations and public domain works that differ across countries.
3. Harmonization and Consistency:
• International Trade: Comparative studies help identify inconsistencies between copyright laws, paving the way for international harmonization efforts. This fosters smoother international trade in creative goods and services.
• Global Standards: By understanding diverse legal approaches, stakeholders can advocate for the development of clear and consistent global copyright standards, facilitating international collaboration and knowledge sharing.
4. Enforcement and Litigation:
• Cross-Border Infringement: Copyright infringement often transcends geographical boundaries. Comparing copyright laws is crucial for crafting effective enforcement strategies in cases of cross-border infringement.
• Legal Arguments: Understanding international copyright frameworks strengthens legal arguments in international copyright litigation. Lawyers can leverage relevant precedents and legal principles from other jurisdictions.
As we come to the end of the research, we can conclude and infer from our prudential/rational understanding that the nations which can adapt and camouflage itself with the global developmental trends in Copyright are destined to stand victor in the long race. Fostering education worldwide and learning from each other would lead to progress. All international jurisdictions should emulate good legislations and improve on the merits and mettle of one another. In spite of the differences amongst each other, all international jurisdictions should focus on preserving and giving due recognition to traditional knowledge, indigenous cultural expressions, morality and ethical heritage. Universal Copyright Convention, 1954 and World Intellectual Property Organisation and many such UN facilitated/goaded organisations help all jurisdictions come under the same shade and coordinate/cooperate with each other for pathbreaking success in social beneficence. Copyright Laws across all international jurisdictions aim to serve economic/commercial objectives and also following the jurisprudential ethical principle, awards the creator for his intellectual creativities. None of the jurisdictions desecrate each other’s framework and differences but, on the contrary, strive towards a common vision of achieving Global IP Enrichment.