What is Copyright? Copyright act 1957 Explanation
💡 What is Copyright?
Copyright means the legal right to protect your original creation.
If someone writes a book, makes a song, draws a painting, shoots a film, or makes a computer program, then only that person has the right to use, sell, or share it.
No one else can copy or use it without permission.
This right is called "Copyright".
In India, The Copyright Act, 1957 protects these rights.
📘 Purpose of Copyright
To protect the hard work and creativity of people.
To stop others from copying or stealing their work.
To give money benefits to the creator.
To give the creator name and respect for the work.
📚 What can be protected under Copyright? (Section 13)
According to Section 13, the following works are protected by copyright:
1. Literary Work
Like books, poems, essays, articles, software, computer programs.
2. Dramatic Work
Like drama, play scripts, dialogues.
3. Musical Work
Like tunes, melody, music notes.
4. Artistic Work
Like drawings, paintings, sketches, photos, sculptures, logos.
5. Cinematograph Films
Like movies, short films, YouTube videos.
6. Sound Recordings
Like songs, audiobooks, recorded speeches.
👤 Who owns the Copyright? (Section 17)
The person who creates the work is the owner of copyright.
But if the work is made during a job, then the employer is the owner.
Example:
If a designer draws a logo for a company during office time, the company will own the copyright, not the designer.
🕒 How long does Copyright last? (Term of Copyright)
Different types of work have different time periods for copyright protection.
1. Literary, musical, dramatic and artistic work:
60 years after the death of the author.
(Example: Author dies in 2020 → Copyright valid till 2080.)
2. Films and sound recordings:
60 years from the year of publication.
(Example: Film released in 2022 → Copyright valid till 2082.)
3. Photographs:
60 years from the year the photo was published.
👉 These are mentioned in Sections 22 to 29.
🛡️ What rights does Copyright give? (Section 14)
1. Economic Rights
The creator can:
Make copies,
Sell the work,
Publish it,
Show it publicly,
Give license to someone to use it.
2. Moral Rights (Section 57)
Even if the creator sells copyright, they still have:
The right to be called the author.
The right to stop others from changing or damaging the work.
🚫 What is Copyright Infringement? (Section 51)
If someone:
Copies the work,
Sells it,
Shares it online,
Changes the name and claims as their own,
Without permission, it is called copyright infringement.
It is illegal, and the creator can go to court for justice.
✅ Important Sections at a Glance:
| Section | Subject |
|---|---|
| 13 | What things get copyright |
| 14 | Rights of the creator |
| 17 | Who is the owner |
| 22-29 | How long copyright lasts |
| 51 | Infringement rules |
| 57 | Moral rights |
⚖️ Important Case Laws
📌 1. Eastern Book Company v. D.B. Modak (2008)
Issue: Can copyright be claimed on headnotes of Supreme Court judgments?
Decision: Copyright is not for ideas or facts, only for original creative expression.
📌 2. R.G. Anand v. Deluxe Films (1978)
Issue: Drama and film had similar stories.
Decision: You cannot copyright an idea, but you can copyright the way you express the idea.
📌 3. Amarnath Sehgal v. Union of India (2005)
Issue: Government removed an artist’s sculpture without his permission.
Decision: Moral rights of the artist were violated. Court supported the artist.
📝 Summary (Conclusion)
Copyright = Legal protection for creative work.
It covers books, songs, films, software, etc.
Only the creator (or employer) can use or sell it.
Others cannot copy or use it without permission.
Copyright usually lasts 60 years after death or publication.
Sections 13, 14, 17, 57 are important in this law.
Many Indian courts have supported original creators in copyright cases.
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