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Copyright Issues In Legal Research And Writing Research Paper

When we discuss intellectual property law (IP), we are referring to intangible property rights. Copyright, patents, trade secrets, industrial designs, geographical indications, and trade marks are all protected by this law. When we discuss copyright protection, we usually mean artistic works, cinematographic works, original literary works, etc. In India, the Copyright Act of 1957 protects these types of works. The idea of ubi jus ibi remedium[1], which states that where there is a wrong, there is a remedy, is the foundation of copyright law.

In cases of copyright infringement, the Appellate Board (in accordance with Chapter II of the Copyright Act) may impose civil remedies and penalties (in accordance with Chapters XII and XIII of the Copyright Act). Copyright protects stated ideas rather than just ideas in thinking or work that has been published (which also includes work that has not been shared in public since it may be common or it may be similar to other ideas).

Academic research simply refers to Original Literary Work protected by the Copyright Act when it is discussed. Only "Original Literary" works are protected by this Act; copied works are protected under the Copyright Act's infringement provisions. It provides protection against threats outside of India's borders as well as from within. Computer programmes are also available (they were included following a 1999 revision), allowing for the usage of tables, graphs, data, and chart flow.

In any career, writing and research are crucial. This is especially true for the legal profession, as judges, attorneys, academics, researchers, and students all regularly conduct and publish legal writing and study. However, many academics frequently fail to take the necessary procedures to generate unique work or to avoid copyright violations and plagiarism. The researcher has to have received creative writing instruction in order to do it. A creative writing is not a book, nor does it emphasise original ideas or concepts.

It all depends on how the researcher approaches the available literature while writing up his own research. As both creators/owners and users of copyrighted works, legal researchers and writers have a dual function in their academic endeavours. They have particular legal rights, obligations, and responsibilities while using someone else's copyrighted work since they are creators and/or users.

As a result, they frequently run into copyright laws. Because copyright law affects research, it is advisable to get familiar with it so that users can use their rights as users as fully as possible without infringing on the rights of copyright holders.

Research Methodology:
This work uses doctrinal research methodology as its research technique.

The term "doctrinal methodology" describes a research that has been conducted on a legal theory or theory utilising the power of reasoning to examine existing statute provisions and cases. The study of doctrine is always based on secondary data gathered from authorities. Although information might come from both primary and secondary sources, doctrinal study never deals with the first-hand knowledge of social reality that is discovered through surveys, fieldwork, or any other empirical techniques.

Academic Research
Academic Research: What Is It? Literary Work is the term used to refer to academic research under intellectual property law (under the Copyright Act, 1957). Literary works include computer programmes, tables, and compilations, including computer databases, according to Section 2(o) of the Copyright Act of 1957. 2 According to Section 13 (1), academic research also involves unique literary work (a).

In academic research, publishing is crucial since only expressed works are eligible for copyright protection, and in academic work, publication is the sole means of expressing ideas or thoughts. The major goal of academic research is to make data, graphs, and literature accessible to the general public, particularly to students for convenient access to study material.

The objective of Publication under the Act is to make work accessible to the public by providing copies, according to Section 3 of the Copyright Act of 1957. Authors in academic research might be solitary (single writers) or collaborative authors. Due to the fact that the work is coauthored, it is always regarded as one work and never as two different works. As an illustration, (Sole Author) "A" published an article in x Magazine on a health-related topic. In this instance, A will thus be regarded as the article's only author.

(Joint Authors) "A" and "B" made the decision to pen a book about x topic. In this instance, A and B's contributions to the book will be regarded as co-authors. Nobody may claim to be a book's sole author. In each of the aforementioned scenarios, copyright must be used to protect both joint and sole authors' works to prevent plagiarism and infringement claims on already-public works.

Expressed Original Literary
Work One of the most crucial components of academic research is original writing. It involves creating test questions, research articles, and books (book includes not only literature book but also Numerical books i.e., Mathematics book).

Publication of academic research becomes crucial since ideas alone cannot be protected, making it crucial to publish research. Academic research's primary goal is to publish its findings so that everyone may read them. Without publishing, academic research would be useless.

The goal of publishing, according to Section 3 of the Copyright Act of 1957, is to make a work accessible to the general public by disseminating copies of it. The court said in the case of University of London Press v. University of Tutorial Press that "literary work" refers to any expression in print or writing, regardless of how high the qua[2]lity or style may be.

The court in the case of Shyam Lal v. Gaya Prasad[3] stated: "The expression "Literary Work" means not only such work which deals with any particular aspect of literature in prose and poetry, but also indicates work which is literature, i.e., anything in writing which could be said to fall within the ambit of literary work."

Publication of academic research becomes crucial since ideas alone cannot be protected, making it crucial to publish research. Academic research's primary goal is to publish its findings so that everyone may read them. Without publishing, academic research would be useless.

The goal of publishing, according to Section 3 of the Copyright Act of 1957, is to make a work accessible to the general public by disseminating copies of it. The court said in the case of University of London Press v. University of Tutorial Press that "literary work" refers to any expression in print or writing, regardless of how high the quality or style may be.

Author's Ownership

Academic research work cannot be published without a writer; hence an author is required for publishing. An author may be either a solitary author or a joint author. This is the individual whose work the Copyright Act protects. The individual who only had the concept for the work is not to be regarded as the author. Only the individual whose ideas were conveyed in the work will be entitled to ownership.

In the case of Donoghue v. Allied Newspapers Ltd.[4], the court stated that if someone has an idea for a story, image, or play and shares it with someone else, the output that results from the sharing of the idea is protected by the copyright of the person who gave the concept shape.

Joint author refers to a piece of writing that has more than one author or, when many authors collaborate on a single piece, is referred to as a joint author. A work created by the collaboration of two or more writers in which the contribution of one author is not distinguishable from the contribution of the other author or authors is referred to as a "work of joint author" according to Section 2 (z) of the Copyright Act of 1957.

In the case Najama Heptulla v. Orient Longman Ltd[5]., Maulana Azad, the narrator, and Prof. Humayun Kabir, the author, collaborated on the book 'India Wins Freedom'. Maulana Azad issued a directive in this matter stating that Prof. Kabir may publish the remaining pages of the book up to 30 years, or on February 22, 1988, after his passing.

During that time, however, he might publish the remaining 30 pages. After Maulana Azad's passing, Prof. Kabir negotiated a deal with Orient Longman Ltd. on September 2, 1958, specifying that only the remaining 30 pages would be released since those 30 pages would remain sealed for 30 years in the National Archives and National Library.

The legal heir of Maulana Azad also claimed that all published and unpublished works of Maulana Azad shall be inherited by them by providing the justification that they are the legal heir, raising the question of who shall be the author of the book India Win Freedom. In this instance, the court found that while though Maulana Azad's legal heirs would receive all of his property, including any copyright-protected works that have been published or unpublished, the work India Win Freedom is the result of their close and active creative collaboration. As a result of the collaboration between the two parties, no one will be the sole author of this work; rather, it will be a joint effort.

Work Made In The Course Of Employment

In the event of employment, the employer will be the owner of the work; nevertheless, any work produced independently of the terms of the contract will be regarded the author's own creation, and he will be entitled to ownership. According to Section 17(c) of the Copyright Act of 1957, in the event that a work is created during the course of employment under an apprentice or service contract, the employer shall be the initial owner of the work, absent a written agreement to the contrary.

Nationality Of Author

The author's nationality is crucial for obtaining protection for their work, particularly unpublished work. In order to be protected by the Copyright Act, Section 13(2) says that I the author must be an Indian citizen even at the time of death (it is irrelevant whether they passed away inside or outside of Indian territory). (ii) The creator of an unpublished work at the time of creation must have been an Indian citizen. The aforementioned prerequisite must be satisfied in order for the author to be able to claim his work and get protection under the Copyright Act of 1957, an Indian law.

Author's Moral Rights

The Copyright Act's Section 57 grants authors the right to defend their works and prohibit unauthorised modifications.

The following are the rights:
  1. The "right of fatherhood" (Droit de paternite) refers to the author's ability to assert his or her authorship of a work and to forbid others from doing the same. The creator of this work has the right to request that his name appear in the proper location. In addition, he has the power to stop others from citing his work.
  2. The right of integrity (Droit de respect de l'oeuvre) protects the author by allowing him to stop alterations to his work. to prevent alterations and usage by others.

What Is Copyright?

Copyrights are a group of intangible property rights, sometimes known as intellectual property rights. It safeguards the ideas of people's thoughts that are expressed in works or executions of ideas rather than just concepts of thinking (so that no one might replicate it), because they could also be similar to other people's thoughts.

The Copyright Act of 1957 protects joint writers, family members of original authors, and original authors themselves so that no one else's work can be copied without their consent. If someone is determined to have violated another person's rights, they will be punished in line with the Act's provisions and given a civil remedy by the individual whose rights were violated. Section 14 of the Copyright Act of 1957 defines copyright as an exclusive right that covers literary works, computer programmes, creative creations, cinematographic works, and sound recordings.

Features Of Copyright

There are three essential features which are as follows:
  1. Several Rights: Copyright combines many rights into a single right, such as the right to reproduce, modify, and translate literary works. It prevents others from coping with other people's tasks.
  2. Original Work: One of the most crucial aspects of copy right is this. Section 13(1)(a) states that original literary, dramatic, musical, and aesthetic works are protected by copyright. Work that is not covered by copyright is discussed in Section 13(3) of the law. The utilisation of original work and labour was determined to be necessary to obtain copyright in a work in the case of C. Cunnaiash and Co. v. Balraj and Co[6].
  3. Expression of idea: Copyright protects the expression of ideas, not just the idea itself. For instance, Mr. A had intended to publish a book on a certain subject that complemented Mr. B's concept. Mr. B released a book on the subject. Therefore, since Mr. B put his idea into action, he will in this instance be granted copyright protection.

    "An concept, however bright or intelligent it may be, is nothing more than an idea if it is not placed into any form of words or any kind of expression like a picture or play," as was said in the case of Donoghue v. Allied Newspaper Ltd. An idea does not own any copyright unless it is converted to writing or some concrete form.

The fairness theory and welfare hypothesis are essentially the two theories that drive the copyright system. While welfare theory focuses on societal interests, fairness theory is author-centric and promotes writers' rights by allowing them the exclusive option to profit from their work.

The latter holds that for the benefit of the general public, the writers' works must be made available to society. Therefore, in addition to having a right to financial gain from their labour and creativity, authors also owe it to society to spread knowledge.

The continuation of the copyright system, which will lead to the promotion of the arts, sciences, and literature, depends critically on striking a fair balance between the conflicting interests of society and the writers. The primary legal procedure used to achieve this balance is known as "fair dealing" or "fair usage."

Therefore, it is important for both writers and readers to be aware of the extent of copyright protection as well as the restrictions on authors' rights that primarily result from the fair use concept. The field of study and writing heavily relies on this expertise. Therefore, the purpose of the current essay is to examine important aspects of copyright law as they apply to research and writing.

Fairness Theory is author-centric, which promotes the rights of the authors, by giving them exclusive opportunity to profit from their work; whereas

Welfare Theory focuses on the interest of the society. According to this theory the works created by the authors must be made available to the society for greater public interest.

Therefore, authors have a responsibility to the society�for the spread of knowledge�along with the right to profit from their labour of love and creative endeavours. The primary legal procedure used to achieve this balance is known as "fair dealing" or "fair usage." The field of study and writing heavily relies on this expertise.

Copyright Issues In Academic Research

Doctrine Of Sweat Of Brow:

  • When we discuss the "doctrine of the sweat of the brow," we can see how much ingenuity is put into the task. This theory states that even a modest amount of creative effort is covered by copyright.
  • Initially, the USA only offered protection for original work; this is known as the notion of the sweat of one's brow being rejected. The case in which the US court insisted on this theory was Feist Publication Inc. v. Rural Telephone Services Co. Inc.[7] In this instance, the court noted that a work must be original in order to be protected by copyright. The term "original" in this context refers to simply author-created work that exhibits a basic level of inventiveness; novelty is not a need for originality. Work doesn't always take a lot of effort; simply a small improvement is adequate. In case of Key Publications, Inc. v. Chinatown Today Publishing Enterprises, Inc[8]. US Court stated that there are three requirements which is necessary to fulfil for qualifying Copyright Protection. They are as follows:
    1. (a) The collection and assembly of pre-existing data;
    2. (b) Selection, coordination or arrangement of the data;
    3. (c) The resulting work that comes into being is original, by virtue of the selection, coordination or arrangement of the data contained in the work So, we can say in USA creativity is essential element to get protected copyright.
  • In the case of University of London Press v. University of Tutorial Press, the doctrine of the sweat of the brow was first used in the UK...


  • According to Section 17 of Copyright Act,1957 except private research work in every other work owner or first author shall be person for whom work is done or under whom the work is done i.e., work in relation employer and employee, employer shall be the owner of work. Same is the case with Government work. If in case there is a contract which is contrary then the author shall be the owner i.e., employee not employer for his/her work.

International Copyright Issue In Academic Research:

  • Since India is a signatory to both the Berne Convention and the Universal Copyright Convention, Section 40 of the Indian Constitution states that any work published outside the country must be handled as if it were originally published there. Therefore, even foreigners can publish their works inside of India. The only requirement is that the country in question must be a member state; otherwise, it will depend on a directive issued by the Central Government, which must not violate the provisions of the Indian Copyright Act or the law of the destination nation. In simple word we can say India grant Copyright protection to those country who is member of treaties or we can say to those country only who also provide copyright protection to Indian authors.

Infringement Of Copyright In Academic Research:

  • A person is not allowed to duplicate another person's copyrighted work in any way, according to Section 52 Subsection (1) Clause (h). However, this provision also states that if somebody is duplicating someone else's work, it should not exceed two passages and that there must be a legitimate reason for doing so. In academic research projects, people are allowed to replicate others' work with proper citation, but only up to two passages must be used with genuine intent. If someone does not comply, it is deemed a copyright violation.

Fair Dealing Doctrine In India:

  • It is acceptable to utilise any work, excluding computer programmes, for private or individual purposes, including study. Only private research is included in this study; no commercial research is included. If it is discovered that an author is exploiting research for profit, this will be seen as a copyright violation.

In the case of Rupendra Kashyap v. Jiwan Publishing House[9], it was determined that even though the book the publisher published may be used or be intended for use in research or private study, the publisher would not be eligible for the defence under Section 52 sub-section (1) clause (a) sub clause I if the book was published with the intention of commercial exploitation.

Fair usage is referred to as "fair dealing" of the material. While the USA's copyright law used the word "fair use," the UK's copyright law uses the term "fair deal." Following the UK model, the Indian copyright legislation utilises the term "fair dealing." Fair dealing is one of the limits and exceptions included in the TRIPS Agreement of 1994.

According to Article 13 of the TRIPS Agreement, members must restrict restrictions or exceptions to exclusive rights to specific unique situations that do not interfere with the regular utilisation of the work and do not unduly harm the right holder's legitimate interests. For academic and research purposes, private study, and knowledge sharing, the fair dealing theory is crucial.

Since the word "fair dealing" is not defined elsewhere in the Indian Copyright Act, the judge must determine its scope on a case-by-case basis, which is never an easy process. To assess whether a given disagreement is a case of infringement or an instance of fair dealing, the judiciary in India and overseas has devised several tests and theories.

To stay current with new breakthroughs and produce the next generation of creative work, the academic community needs access to fresh information and copyrighted content. Knowledge access is a fundamental human right. On the other hand, the authors of content have a right to the protection of their economic and moral interests in copyrighted works. These two rights must coexist in harmony. A welfare law that attempts to strike a balance in this is the copyright law. The copyright's exceptions and restrictions are designed to safeguard the public's right to access the works and the spread of information.

Unauthorized use of another person's creation outside of the bounds of the law is not considered to be a fair use. Fair dealing is a significant exception, especially for non-commercial scholarly and educational pursuits. Users and researchers should exercise considerable caution while using and exercising copyright since it is based on an automatic protection provision under the Berne Convention and no formalities, including registration, are necessary aside from the minimum legislative requirements.

The academic community's researchers and authors have a duty and obligation to safeguard their copyright in their original works, and they also have a duty and responsibility to respect the rights of those whose works serve as the foundation for their own innovation. Academic integrity includes having to uphold the rights of authors and the works they have produced. Academic honesty and integrity extend beyond the narrow scope of legal copyright, and any violation of these principles constitutes both an act of plagiarism and the demise of academic originality.

  1. The principle that where one's right is invaded or destroyed, the law gives a remedy to protect it or damages for its loss.
  2. 1916, 2 Ch. 601
  3. AIR 1971 All 192
  4. 1937, 3 ALL ER 503
  5. AIR 1989 [Del 63]
  6. AIR 1961 Mad 111
  7. 499 U.S. 340 (1991)
  8. 945 F.2d 509 (1991)
  9. 1996 (38) DRJ 81

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