FAQs on Copyright

What is the meaning of Copyright?

In India, copyright is governed under THE COPYRIGHT ACT, 1957 (ACT NO. 14 OF 1957). According to Section 14 of the Act, “copyright” means the exclusive right subject to the provisions of the Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely—

(a) in the case of a literary, dramatic or musical work, not being a computer programme,—(i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,—(i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.

(c) in the case of an artistic work,—(i) to reproduce the work in any material form including— (A) the storing of it in any medium by electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-dimensions of a three-dimensional work; (ii) to communicate the work to the public; (iii) to issue copies of the work to the public not being copies already in circulation; (iv) to include the work in any cinematograph film; (v) to make any adaptation of the work; (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) in the case of a cinematograph film,—(i) to make a copy of the film, including—(A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film. (iii) to communicate the film to the public;

(e) in the case of a sound recording,—(i) to make any other sound recording embodying it including storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording; (iii) to communicate the sound recording to the public.

Explanation.—For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.

In which class of work copyright subsists?

According to Section 13(1) of the Act, Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,—

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) sound recording

Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41 apply, unless—(i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India; (ii) in the case of an unpublished work other than an work of architecture, the author is at the date of making of the work a citizen of India or domiciled in India; and (iii) in the case of an work of architecture, the work is located in India.

Explanation.—In the case of a work of joint authorship, the conditions conferring copyright shall be satisfied by all the authors of the work.

What is the meaning of artistic work under the Copyright Act?

According to Section 2(c) of the Act, “artistic work” means,—

(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; (ii) an work of architectural; and (iii) any other work of artistic craftsmanship.

Who is author under the Copyright Act?

According to Section 2(d) of the Act, “author” means,—(i) in relation to literary or dramatic work, the author of the work; (ii) in relation to a musical work, the composer; (iii) in relation to an artistic work other than a photograph, the artist; (iv) in relation to a photograph, the person taking the photograph; (v) in relation to a cinematograph film or sound recording, the producer; and (vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created.

What is the meaning of cinematograph film under the Copyright Act?

According to Section 2(f) of the Act, “cinematograph film” means any work of visual recording and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.

What is the meaning of dramatic work under the Copyright Act?

According to Section 2(h) of the Act, “dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film.

What is included under the meaning of literary work under the Copyright Act?

According to Section 2(o) of the Act, “literary work” includes computer programmes, tables and compilations including computer databases.

What is the meaning of  musical work under the Copyright Act?

According to Section 2(p) of the Act, “musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. 

What is the meaning of photograph under the Copyright Act?

According to Section 2(s) of the Act, “photograph” includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film.

Who is performer and What is the meaning of performance under the Copyright Act?

According to Section 2(qq) of the Act, “performer” includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance; and 

According to Section 2(q) of the Act, “performance”, in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers. 

Who is producer under the Copyright Act?

According to Section 2(uu) of the Act, “producer”, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work.

What is the term of copyright protection under the Copyright Act?

According to Section 22 of the Act, the term of copyright in published literary, dramatic, musical and artistic works.—Except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.

Explanation.—In this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last.

Suggested readings:

The Copyright Act, 1957

The Copyright Rules, 2013

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