Introduction
The Copyright Act, 1957 forms the cornerstone of India’s intellectual property framework, ensuring legal protection for creative expression while adapting to technological progress. It promotes creativity by granting authors and artists legal control over the use of their works. Over the decades, the law has evolved in response to technological changes and global developments.
Historical Background
India’s copyright law began with the Indian Copyright Act of 1914, which was based on British law. To modernize it, the Copyright Act, 1957 came into effect on January 21, 1958 (Government of India Gazette Notification No. 2 of 1958). Since then, the law has been updated several times—in 1983, 1994, 1999, 2012, and 2021—to meet global standards and deal with new issues like digital piracy, rights of performers, and making content accessible to all.
Scope and Categories of Copyright Protection
The Copyright Act protects original creative works as soon as they are created, without needing registration. It covers many types of work, including books, articles, computer programs, and databases (literary works); songs and lyrics (musical works); paintings, drawings, photos, and buildings (artistic works); movies and videos (cinematographic films); audio recordings of music or speech (sound recordings); and plays, dance routines, and scripts (dramatic works).
Rights of Creators Under the Copyright Act, 1957
Economic Rights (Section 14)
Section 14 of the Copyright Act grants creators comprehensive economic rights (also known as exclusive rights), enabling them to control the commercial exploitation of their work. These rights include, but are not limited to, the exclusive right to reproduce the work, issue copies to the public, perform or communicate the work to the public (including digital and broadcast transmission), and create adaptations or translations thereof. These economic rights are fundamental for authors to derive financial reward and prevent unauthorized commercial use of their creation.
Moral Rights (Section 57)
In addition to economic control, Section 57 secures the author’s moral rights, which are independent of the economic rights and remain with the author even after the copyright is sold. These consist of the right of paternity (the right to claim authorship of the work) and the right of integrity (the right to restrain or claim damages for any distortion, mutilation, or other modification of the work that would be prejudicial to the author’s honour or reputation).
Duration of Copyright
The time for which copyright protection lasts depends on the type of work. For books, music, and art, it stays valid for the author’s lifetime plus 60 years after their death. For films, sound recordings, anonymous or pen-name works, and works by the government, copyright lasts for 60 years from the year they are first published. These durations are clearly defined in Section 22 to Section 29 of the Copyright Act, 1957, and remain consistent with international standards.
Fair Dealing and Exceptions
Section 52 of the Copyright Act allows limited use of copyrighted material without breaking the law, known as “fair dealing.” This helps promote education, access to information, and free speech. People can use parts of a work for personal study, teaching, reviews, or news reporting, as long as it’s fair and not for profit. It also permits use by libraries, museums, and archives for preservation, and since 2012, content can be converted into accessible formats for people with disabilities. Courts and government offices can also reproduce legal documents when needed.
Infringement and Remedies
Copyright infringement means using someone’s creative work without permission, such as copying, sharing, performing, or selling pirated versions. It also includes breaking digital protection systems or making new versions of the work without approval. To deal with this, the law offers civil remedies like court orders, compensation, and return of illegal copies; criminal remedies like jail up to 3 years and fines up to ₹2 lakh; and administrative remedies such as seizure of pirated goods.
International Alignment
India has joined several important global copyright agreements. These include the Berne Convention, the Universal Copyright Convention, the TRIPS Agreement under the World Trade Organization, and the WIPO Copyright Treaty. By being part of these treaties, India helps protect the rights of its creators in other countries, and also respects the rights of foreign creators in India. This supports the sharing of creative work across borders and encourages international cooperation.
- Berne Convention – plain text URL: www.wipo.int/treaties/en/ip/berne/
- Universal Copyright Convention – plain text URL: en.unesco.org/themes/universal-copyright-convention
- TRIPS Agreement under WTO – plain text URL: www.wto.org/english/tratop_e/trips_e/trips_e.htm
- WIPO Copyright Treaty – plain text URL: www.wipo.int/treaties/en/ip/wct/
Administration of Copyright
The administration of copyright in India is primarily overseen by the Copyright Office, established under Section 9 of the Copyright Act, 1957, which, led by the Registrar of Copyrights, is responsible for maintaining the official Register of Copyrights, issuing registration certificates, and managing records, with modern practices being adopted as per the Copyright (Amendment) Rules, 2021. Crucially, the earlier system of appellate administration under Section 11 was overhauled: the Copyright Appellate Board was first merged with the IPAB, which was subsequently abolished by the Tribunals Reforms Act, 2021; consequently, all appeals against the Registrar’s decisions, and disputes concerning ownership, licensing, and royalties previously heard by these tribunals, are now transferred to the High Courts (specifically their Commercial Divisions), thereby centralizing primary administration in the Copyright Office and high-level dispute resolution in the judiciary.
The 2012 Amendment: A Big Step for the Digital Age
As digital media grew quickly, the Copyright (Amendment) Act of 2012 made important changes to protect creative work. It gave legal protection to content shared online and through internet broadcasts. It also set rules for radio, TV, and web broadcasters to use copyrighted material fairly. The rights of performers and original authors were made stronger. The law allowed content to be changed into formats that are easier for people with disabilities to use. Finally, it improved ways to catch and stop copyright violations, including holding online platforms responsible in some cases.
Judicial Landmarks in Indian Copyright
The scope and limitations of copyright protection in India have been decisively shaped by judicial precedents. In Eastern Book Company v. D.B. Modak (2008) 1 SCC 1), the Supreme Court definitively clarified the requirement for copyrightability, rejecting the strict application of the “sweat of the brow” doctrine and establishing the “modicum of creativity” standard, holding that protection requires some minimal degree of originality and creative judgment, and not mere labour or skill in compiling existing material. Complementing this, R.G. Anand v. Delux Films (1978) 4 SCC 118) is the cornerstone case on infringement, where the Court established that infringement only occurs when there is a substantial and material similarity in the expression of the works, thereby strongly reinforcing the idea-expression dichotomy—that copyright protects the creative manner of expression, but never the underlying idea itself.
Emerging Challenges and Contemporary Issues
Even though the Copyright Act is strong and up to date with global standards, it still faces new challenges. One big issue is digital piracy, where people share music, movies, books, and software without permission, especially online. Another challenge is artificial intelligence—there’s confusion about whether AI-created content can be protected by copyright and who owns it. There’s also a need to balance protecting creators’ rights with making sure people can access learning and cultural materials. Enforcing copyright laws is hard too, especially on the internet where it’s tough to track and stop rule-breakers. Lastly, new tech like blockchain and NFTs brings up fresh questions about who owns digital content and how it can be sold or shared. A key contemporary issue is artificial intelligence. Under Section 2(d), authorship is confined to natural persons, which raises uncertainty about whether AI-generated content qualifies for copyright protection. Since AI lacks legal personhood, questions of originality, ownership, and liability in such works remain unresolved.
Conclusion
The Copyright Act, 1957 is not just a law—it helps protect creative work and supports India’s growing creative industry. It gives authors and artists legal rights over their work and helps share knowledge and culture. As times change, the Act has kept up with global standards and remains an important part of India’s intellectual property system. Knowing how it works is useful for creators, teachers, developers, and businesses in today’s digital world.
