UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY,
CHANDIGARH

Topic:-
“ COPYRIGHT LAW”

SUBMITTED TO: SUBMITTED BY:

Dr. Supreet AKHIL NEGI

B.COM. LLB (Hons.) 10th Semester

Roll No. – 127/16

Section C
 ACKNOWLEDGMENT

This project would be incomplete without expressing my gratitude towards the people who made
it possible for me to finish it on time and with accuracy.
Firstly, I would like to thank our Intellectual Property Laws Professor Dr. Supreet for giving me
the requisite guidelines and helping me in fulfilling the loopholes of my project.
Secondly, I would like to thank my family member‘s friends who constantly gave me advice on
the quality of information and helped me in completing my project.
Lastly I would like to thank our library staff for helping me in collecting the material and the
required books for the project.

Akhil Negi
 Table of Contents
ACKNOWLEDGMENT ..................................................................................................................................... 2
INTRODUCTION ........................................................................................................................................ 5
COPYRIGHT LAW...................................................................................................................................... 5
OBJECTIVE OF COPYRIGHT LAW ......................................................................................................... 6
1. Protection of individual commercial interest in an intellectual work ............................................... 6
2. Protection of Social interest .............................................................................................................. 6
COPYRIGHT LAW IN INDIA .................................................................................................................... 7
THE COPYRIGHT ACT, 1957 .................................................................................................................. 10
Features of the Copyright Act, 1957 ....................................................................................................... 10
1. Different works in which copyright subsists ............................................................................... 10
2. Different meanings of copyright with respect to different kinds of work .................................. 10
3. Authorities and Registration of copyright................................................................................... 10
4. Ownership and assignment of copyright .................................................................................... 10
5. Licenses relating to copyright ..................................................................................................... 10
6. Term of Copyright ....................................................................................................................... 11
7. Copyright Society ........................................................................................................................ 11
8. Rights of Broadcasting Organization and of Performers ............................................................ 11
9. Infringement of Copyright .......................................................................................................... 11
10. Remedies against the infringement of copyright ................................................................... 11
THE COPYRIGHT (AMENDMENT) ACT, 2012 ............................................................................................... 13
a) Amendments to rights in artistic works, cinematograph films and sound recordings ................... 13
b) WCT and WPPT related amendment to rights ................................................................................ 14
i. Commercial Rental ...................................................................................................................... 14
ii. Performers’ Rights ...................................................................................................................... 15
c) Author-friendly amendments on mode of Assignment and Licenses ............................................ 15
d) Amendments facilitating Access to Works ..................................................................................... 16
i. Grant of Compulsory Licenses .................................................................................................... 16
ii. Grant of Statutory Licenses......................................................................................................... 17
iii. Administration of Copyright Societies ........................................................................................ 17
iv. Fair Use Provisions ...................................................................................................................... 17
v. Access to copyrighted works by the Disabled............................................................................. 18
 e) Strengthening enforcement and protecting against Internet piracy.............................................. 18
i. Strengthening of Border Measures............................................................................................. 18
ii. Protection of Technological Measures ....................................................................................... 18
iii. Digital Rights Management Information .................................................................................... 19
f) Reform of Copyright Board and other minor amendments ........................................................... 19
Conclusion ................................................................................................................................................... 20
BIBLIOGRAPHY ............................................................................................................................................ 21
 INTRODUCTION
Copyright is an ‘exclusive right’ exercised over a work produced by the intellectual labour of a
person. Copyright is not restricted to literary or artistic work. “Copyright” applies to different
other kinds of work also like dramatic, musical, cinematographic film, computer programme,
work of architecture and sound recording and any other work which is produced by the
intellectual labour of a person. In other words, different kinds of works which are the results of
intellectual labour of a person fall within the purview of the “copyright”. In Sulmanglam R.
Jayalakshmi v. Meta Musical, the Madras High Court held that “the right which a person
acquires in his literary or artistic work which is the result of his intellectual labour is called his
“copyright”.

The ‘exclusive right’ to copyright exercised by a person includes his right to assign the copyright
either wholly or partially in the favour of any other person. The owner of the copyright may also
grant any interest in the copyright by license in the favour of any other person. It also restrains
any person from doing any unauthorized act with respect to the work in which his copyright
subsists.

COPYRIGHT LAW
Copyright law has been developed to give legal protection to ‘copyright’. Right to “copyright”
has become a statutory right under the copyright law. Copyright law prevents the reproduction,
sale or any other act with respect to a work if it is done without the consent of the owner of the
copyright in that work. Because any act done with respect to a work in which a copyright
subsists without the authority of the owner of such copyright is deemed to be an infringement of
the copyright.

‘Copyright law’ provides for the civil as well as criminal remedies against the infringement of
copyright. ‘Copyright law’ provides for civil remedies in the form of injunctions, damages or
accounts against the infringement of copyright. Similarly, copyright law provides for the
punishments in the form of imprisonments and fines as a criminal remedy for the offence of
infringement of the copyright. As in Associated Electronics v. M/s Sharp Tools, the Karnataka
High Court observed as follows:
“The copyright law is in essence concerned with the negative right of preventing the copying of
physical material, existing in the field of literature and art. Its object is to protect the writer and
artist from the unlawful reproduction of his material.”

OBJECTIVE OF COPYRIGHT LAW

The Copyright law achieves the following objectives:

1. Protection of individual commercial interest in an intellectual work

No person other than the owner of the copyright can do anything with respect to the work
in which the copyright subsists. However, the Copyright Law permits the owner of the
copyright to assign the copyright either wholly or partially to any other person. The
Copyright Law also permits the owner of the copyright to grant any interest in the
copyright by granting license in the favour of any other person. The owner may assign
the copyright or grant license in the favour of any other person in consideration of
monetary gain. Thus, copyright law not only protects the creative genius of human mind,
but also entities a person to earn monetary gain from a work produced by his intellectual
labour. As in Garware Plastics and Polyster Ltd. v. M/s Telelink, the Bombay High
Court observed as follows:

“The Copyright Act is meant to protect the owner of the copyright against unauthorized
performance of his work, thereby by entitling him monetary gain from his intellectual
property.”

Whereas Lord Atkinson in Macmillan & Co. Ltd. v. K. & J., explains the basis of
copyright law as follows:

“The moral basis on which the principle of the protective provisions of Copyright Act
rests is the Eighth Commandant- i.e. “Thou shall not steal”.

2. Protection of Social interest

Copyright Law not only protects the commercial interest of a person in the work
produced by his intellectual labour, but also protects that interest of the society. Because
art and literature are the essential constituents of culture of any society. Maturity and
 excellence in the art and literature means maturity and excellence in the culture. Thus, by
protecting the copyright of the authors and artists in their artistic or literary work, the
copyright law protects the culture of the society. As the Delhi High Court in Penguin
Books Ltd., England v. Indian Book Distributors, observed as follows:

“Copyright is a property right and throughout the world; it has been regarded as a form of
property working for special protection in the ultimate public interest.”

COPYRIGHT LAW IN INDIA

Copyright law existed in India even prior to its independence. The Copyright Law in India can
be traced to Indian Copyright Act, 1847. The Indian Copyright Act, 1847 was enacted during
East India Company’s regime. Later the Imperial Copyright Act, 1911 of United Kingdom was
extended to India as part of His Majesty’s dominion. Then in 1914, Indian Legislature passed the
Indian Copyright Act of 1914. To this Act was annexed the modified version of the Imperial
Copyright Act, 1911 for its application in India. Thus, prior to its independence, the copyright
law applicable in India consisted of Indian Copyright Act, 1914 and the Imperial Copyright Act,
1911 of United Kingdom as modified in its application to India by the Indian Copyright Act,
1914. And finally amended in 2012.

In Lachhman Das Behari Lal v Padam Trading Co, the Delhi High Court observed that the
plaintiff being a firm functioning at Delhi, the suit filed by it in the Delhi courts is maintainable
and is not liable to be rejected under Order 7 Rule 11 of the CPC as prayed. The Court further
observed that the plea regarding want of territorial jurisdiction is not covered by Order7 rule 11
of CPC. The court observed that even if it is held that this court has not the territorial
jurisdiction, the plaint cannot be rejected. At the most it can be returned for presentation to the
proper court.

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.
In David Pon Pandian v State, the Madras High Court, while dealing with section 68A of the
Copyright Act, observed: The Court can take cognizance of the offence if the charge sheet is
filed within the period of limitation prescribed under Section 468 of the Cr.P.C and in computing
the period of limitation, the date of commission of the offence is to be reckoned as the starting
point. If the charge sheet is not filled so, the Court has no power to entertain the complaint
The court referred the decision of the Supreme Court in State of Punjab v Sarwan Singh in which
it was observed: “The object of Cr.P.C in putting a bar of limitation on the prosecution was
clearly to prevent the parties from filing cases after a long time, as a result of which material
evidence may disappear and also to prevent abuse of the process of Court by filing vexatious and
belated prosecutions long after the date of the offence. The object, which the statute seeks to sub-
serve, is clearly in consonance with the concept of fairness of trial as enshrined in Article 21 of
the Constitution. It is, therefore, of utmost importance that any prosecution, whether by State or a
private complainant, must abide by the letter of the law or to take the risk of the prosecution
failing on the ground of limitation”

In Ushodaya Enterprises Ltd v T.V. Venugopal the division bench of the Andhara Pradesh
High Court held that even though the defendant has registered the carton under the Trademark
Act, that may not come to the aid of the defendant as the case of the plaintiff is that it owns a
copyright of the artistic work under the Copyright Act and no registration is required for the
same. Thus the court held that the plaintiff was justified in alleging infringement of his artistic
work.

In Khajanchi Film Exchange and Another v State of M.P and others petitioners instead of
approaching the concerned authorities filed a writ petition in the High Court. The Madhya
Pradesh High Court observed: The film was not yet released. The petitioners did not approach
the respondents. There was no failure on the part of the respondents in performance of their legal
duties with respect of the right complained of. The entire machinery was put to doubt by the
petitioners on the basis of the averments made in the writ petition that it is to the common
knowledge that they do not take action. Thus apprehending infringement of their rights, the writ
petition was filed. The petitioners should have approached the concerned authorities first; and in
the event of their failure to take preventive measures/seizure of cassettes under the M.P.Police
Regulations and the copyright Act, the petitioners should have approached this Court. If a writ is
entertained and relief readily granted before release of the movie without approaching the
respondents who have to prevent threatened violation of copyright, it would open a flood gate of
litigation. The copyright Act provides adequate safeguards and procedure. It cannot be said that a
mere apprehension that certain offence may take place, a writ can be filed seeking a direction
that no such offence be allowed to take place. First authorities have to be asked to prevent it. The
function of the police is to prevent piracy and unauthorized exhibition. In the instant case there
was no inaction on the part of the police and other concerned officials and they were
unnecessarily dragged in writ petition without even putting them to notice of proposed writ. No
demand notice was served, no specific complaint was lodged. Thus writ is not maintainable.
 THE COPYRIGHT ACT, 1957
After Independence, the Indian Parliament enacted the Copyright Law, 1957 to be applicable in
India. The Copyright Law, 1957 of India repealed the Indian Copyright Act, 1914 and the
Copyright Act of 1911 passed by the Parliament of United Kingdom as modified in its
application to India by the Indian Copyright Act, 1914.

 Features of the Copyright Act, 1957

Following are the important features of the Copyright Act, 1957.

1. Different works in which copyright subsists

The Copyright Act, 1957 specifies and defines different kinds of works in which
copyright subsists. These different kinds of work include literary, dramatic, musical,
artistic, cinematographic, film, computer programme, work of architecture and sound
recording.

2. Different meanings of copyright with respect to different kinds of work

Section 14 of the Copyright Act, 1957 gives different meanings to different kinds of
works in which copyright subsist.

3. Authorities and Registration of copyright

The Copyright Act, 1957 provides for the authorities like, Copyright office, Registrar of
Copyrights and Copyright Board for the purpose of registration of the copyright.
However, registration of copyright is not compulsory under the Copyright Act, 1957.

4. Ownership and assignment of copyright

The Copyright Act, 1957 provides for that who is the ‘first owner’ of the copyright.
Section 17 of the Copyright Act, 1957 provides that under certain circumstances persons
other than the ‘author’ of the work may become the ‘first owner’ of the copyright.
Section 18 of the Copyright Act also provides that the owner of the copyright in a work
may assign the copyright wholly or partially in the favour of any other person.

5. Licenses relating to copyright

The Copyright Act, 1957 provides that license relating to copyright in a work may be
granted in the favour of any other person by the owner of the copyright. The Act also
provides for the compulsory license in Indian works withheld from public and in
 unpublished work. Such compulsory license is granted by the Registrar of the Copyrights
on the direction of the Copyright Board.

6. Term of Copyright
The Copyright Act, 1957 provides for the term during which copyright in a work subsists.
Term of copyright in published literary, dramatic, musical and artistic work subsists
during the lifetime of the author of such work and for sixty years following the year of
the death of the author. Whereas in case of photographs, cinematograph films, work of
sound recording, the copyright subsists for sixty years following the year of publication
of these works.

7. Copyright Society
The Copyright Act, 1957 provides for the registration of the copyright society. A
copyright society registered under Section 33(3) of the copyright act is permitted to carry
on the business of issuing or granting licenses in respect of any work in which copyright
subsists.

8. Rights of Broadcasting Organization and of Performers

According to Section 37 of the Copyright Act, 1957 every broadcasting organization
shall have a special right to be known as “broadcast reproduction right” in respect of its
broadcasts. Similarly, Section 38 of the copyright act provides that where any performer
appears or engages in any performance, he shall have a special right to be known as the
“performer’s right” in relation to such performance.

9. Infringement of Copyright
Section 51 of the Copyright Act, 1957 provides for the acts which are deemed to be the
infringements of copyright in a work. On the other hand, Section 52 of the Copyright Act
provides for the acts which are not deemed to constitute an infringement of copyright in a
work.

10. Remedies against the infringement of copyright

The Copyright Act, 1957 provides for the civil as well as criminal remedy against the
infringement of copyright. The Copyright Act, 1957 provides for ‘civil remedies’ in the
form of injunction, damages or accounts against the infringement of copyright. Similarly,
punishment in the form of ‘imprisonment’ and ‘fine’ is provided as a criminal remedy for
the offence of infringement of copyright under the Copyright Act, 1957.
 THE COPYRIGHT (AMENDMENT) ACT, 2012
India’s Copyright Act, 1957 has been significantly amended. In May 2012, both houses of the
Indian Parliament unanimously placed their seal on the Copyright Amendment Bill, 2012,
bringing Indian copyright law into compliance with the World Intellectual Property Organization
“Internet Treaties”.

Leaders of the opposition in both houses and representatives from various parties gave spirited
support to the bill tabled by the government. The Copyright Act, 1957 had been amended five
times prior to 2012, once each in the years 1983, 1984, 1992, 1994 and 1999, to meet with the
national and international requirements.

The 2012 amendments make Indian Copyright Law compliant with the Internet Treaties – the
WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).

Also, while introducing technological protection measures, the amended law ensures that fair use
survives in the digital era by providing special fair use provisions. The amendments have made
many author-friendly amendments, special provisions for disabled, amendments facilitating
access to works and other amendments to streamline copyright administration.

The amendments introduced through Copyright (Amendment) Act 2012 can be categorized into:

a) Amendments to rights in artistic works, cinematograph films and sound

recordings
Section 14 relating to the exclusive rights in respect of a work has been amended. The
amendments clarify the rights in artistic works, cinematograph films and sound
recordings, by providing that the right to reproduce an artistic work, to make a copy of a
cinematograph film or embodying a sound recording now includes ‘storing’ of it in any
medium by electronic or other means.

In the case of literary, dramatic and musical works, the right to reproduce already
includes ‘storing of the work in any medium by electronic means’. The present
amendment in effect only extends this inclusive language to artistic works,
cinematograph films and sound recordings. The right to store the work is of particular
importance in a digital environment due to the special nature of transmission of digitized
works over the internet where transient copies get created at multiple locations, including
 over the transmitting network and in the user’s computer. In a manner of speaking, it can
be stated that copyright has been extended to the ‘right of storing’ of works.

The definition of the Cinematograph Film (Section 2(f)) has also been amended. The
amended definition reads: 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.

The Amendment Act also introduces a definition of ‘visual recording’ (Clause xxa) to
mean ‘recording in any medium, by any method including the storing of it by any
electronic means, of moving images or of the representations thereof, from which they
can be perceived, reproduced or communicated by any method.’ The amendments
address technical issues like ‘storing’, and therefore address some of the digital era
challenges.

b) WCT and WPPT related amendment to rights

i. Commercial Rental
The obligation under Article 11 of the TRIPS Agreement, Article 7 of WCT and
Article 9 of WPPT is to provide for ‘commercial rental’ rights for computer
programmes and cinematograph films. This right was introduced in section 14 by
using the word ‘hire’. The term ‘hire’ in sections 14(d)&(e) with regard to
cinematograph film and sound recording, respectively, is replaced with the term
‘commercial rental’. The primary reason behind the replacement is to curtail the
possibility of interpreting the term ‘hire’ to include non-commercial hire and also
to keep in sync with the replacement (1999 amendment) of the term ‘hire’ to
‘commercial rental’ with respect to computer programme in section 14(b).

This amendment substitutes the word ‘hire’ with ‘commercial rental’ in sections
14 (b)&(c) but has deleted the words ‘regardless of whether such copy has been
sold or given on hire on earlier occasions’. This deletion in the case of both
cinematograph films and sound recordings brings in the doctrine of first sale
exhaustion to these works. It may be recalled that the doctrine of first sale
 exhaustion was applicable only to the literary, dramatic and artistic works before
the amendment. The Amendment Act 2012 has also introduced a definition of the
term ‘commercial rental’ in section 2(fa) with the objective of expressly clarifying
that the right is not applicable to non-commercial activities of giving on ‘hire’
including the activities of libraries and educational institutions.

ii. Performers’ Rights

The Amendment Act 2012 has introduced affirmative performers’ rights.
Subsections 3&4 of the present section 38 have been omitted and a new section
38A has been inserted in compliance with Articles from 6 to 10 of WPPT. Section
38A provides for performer’s right as an exclusive right to do or authorize the
doing of any of the acts in respect of the performance without prejudice to the
rights conferred on authors. The proviso to the section enables performers to be
entitled for royalties in case their performances are subjected to commercial use.
This is a welcome development as earlier the performers were not entitled to
royalties because they only had a negative right to prohibit ‘fixation’ of their live
performances. The negative right has now been converted to the positive rights.

Along with the above, the Amendment Act 2012 has also sought to amend the
definition of ‘Communication to Public’ (Section 2 (ff)) extending the right to
performances. The rights under this head hitherto limited to authors have been
extended to performers by the present amendment.

A new section 38B grants moral rights to performers in line with Article 5 of
WPPT. Moral rights have been extended to performers, considering the possibility
of digital alteration of performances in a digital environment. The ‘explanation’ to
the section clarifies that editors are free to perform their tasks without the fear of
legal consequences.

c) Author-friendly amendments on mode of Assignment and Licenses

Under Section 18(1) a second proviso has been inserted. It provides that no such
assignments shall apply to any mode of exploitation that did not exist or was not known
in commercial use when the assignment was made. This amendment strengthens the
position of the author if new modes of exploitation of the work come to exist. Section
 18(1) provides that the owner of a copyright in any work or prospective owner of a future
work may assign the copyright, and the proviso to this sub-section clarifies that in the
case of future work, assignment will come into force only when the work comes into
existence.

Section 19 relates to the mode of assignment. Sub-section (3) has been amended to
provide that the assignment shall specify the ‘other considerations’ besides royalty, if
any, payable to the Assignor. Therefore, it is not necessary that only monetary
compensation by way of royalty could lead to assignment.

A new sub-section (8) has been inserted making the assignment of copyright void if
contrary to the terms and conditions of the earlier assignment to a copyright society in
which the author of the work is a member. This amendment is an attempt to streamline
the business practices. Another amendment, insertion of sub-section(9), by providing
claim to royalties from the utilization of the work used to make a cinematograph or sound
recording irrespective of any assignment of the copyright in the same, is an attempt to
rationalize the business practices prevalent in the film industry.

Section 19A relates to disputes with respect to assignment of copyright. This section
provides that on receipt of a complaint from an aggrieved party, the Copyright Board
may hold inquiry and pass orders as it may deem fit, including an order for the recovery
of any royalty payable. The second proviso is amended to provide that pending disposal
of an application for revocation of assignment, the Copyright Board may pass any order
as it deems fit regarding implementation of the terms and conditions of assignment.

d) Amendments facilitating Access to Works

i. Grant of Compulsory Licenses
Section 31 deals with compulsory licenses of works withheld from public. The
amendment amplifies the applicability of this section from ‘Indian work’ to ‘any
work’. The word ‘complainant’ is also replaced with the words ‘such person or
persons who, in the opinion of the Copyright Board is or are qualified to do so’. In
continuum, sub-section (2) is omitted so as to enable the Copyright Board to grant
compulsory license to more than one person. By virtue of the above amendment,
 compulsory licenses can be obtained for ‘any work’ withheld from the public and
not just ‘Indian works’ and the license can be granted to such persons as the
Board may decide.

ii. Grant of Statutory Licenses

A new Section 31C provides for statutory license to any person desiring to make a
cover version of a sound recording in respect of any literary, dramatic or musical
work. The amendment provides that the person making the sound recording shall
give to the owner prior notice of his intention in the prescribed manner, provide
the copies of all covers or labels with which the version is supposed to be sold,
and pay in advance the royalty at the rate fixed by the Copyright Board. Such
sound recordings can be made only after the expiration of 5 years after
publication of the original sound recording. There is a requirement of payment of
a minimum royalty for 50,000 copies of the work during each calendar year.

iii. Administration of Copyright Societies

Sections 33, 34 and 35 relate to the registration and functioning of a copyright
society. These have been amended to streamline the functioning of the copyright
societies. All copyright societies will have to register afresh with the registration
granted for a period of five years. Renewal is subject to the continued collective
control of the copyright society being shared with the authors of works in their
capacity as owners of copyright or of the right to receive royalty.

iv. Fair Use Provisions

Section 52 enumerates fair use clauses, acts that will not be infringement of
copyright. Certain amendments have been made to extend these provisions in the
general context. The existing clause (1)(a) has been amended to provide fair
dealing with any work, not being a computer programme, for the purposes of
private and personal use. With this amendment, the fair use provision has been
extended to cinematograph and musical works. Fair use in the above lines has
been extended by amendment to bring in the word ‘any work’ to reproduction in
the course of judicial proceedings; reproduction or publication of any work
prepared by secretariat of a legislature; in certified copies supplied as per law.
 v. Access to copyrighted works by the Disabled
Section 31B provides for compulsory license in works for the benefit of the
disabled. The Copyright Board, on an application for a CL by any person working
for the benefit of persons with disability on a profit basis or for business shall
dispose such application within a period of two months from the date of receipt of
application. The CL issued must specify the means and format of publication, the
period during which the compulsory license may be exercised and the number of
copies that may be issued including the rate or royalty.

The new clause (zb) added to section 52(1) providing for fair use of the work for
the benefit of the disabled, facilitates adaptation, reproduction, issue of copies or
communication to the public of any work in any accessible format, for persons
with disability to access works including sharing with any person with disability
for private or personal use, educational purposes or research.

e) Strengthening enforcement and protecting against Internet piracy

i. Strengthening of Border Measures
Section 53, dealing with importation of infringing copies, has been substituted
with a new section providing detailed border measures to strengthen enforcement
of rights by making provision to control import of infringing copies by the
Customs Department, disposal of infringing copies and presumption of authorship
under civil remedies.

ii. Protection of Technological Measures

The new section 65A, introduced for protection of technological protection
measures (TPM) used by a copyright owner to protect his rights on the work,
makes circumvention of it a criminal offence punishable with imprisonment.

As a result, any person who circumvents an effective technological measure

applied for the protection of any of the rights, with the intention of infringing such
rights, shall be punishable with imprisonment, which may extend to two years and
shall also be liable to fine. The rationale is to prevent the possibility of high rate
infringement (digital piracy) in the digital media.
 This amendment also clarifies the problem of circumvention impacting the public
interest on access to work facilitated by the copyright laws. Sub-section (2)
permits circumvention for specified uses.

iii. Digital Rights Management Information

Section 65B has been introduced to provide protection of rights management
information, which has been defined under clause (xa) of section 2. This
amendment is intended to prevent the removal of the rights management
information without authority and distributing any work, fixed performance or
phonogram, after removal of rights management information. As a result, any
unauthorized and intentional removal or alteration of any rights management
information is a criminal offence punishable with imprisonment, which may
extend to two years and fine. The rationale of the protection emanates from the
practice in the digital world of managing the rights through online contracts
governing the terms and conditions of use.

f) Reform of Copyright Board and other minor amendments

The Copyright Board during the last decade has changed significantly. Considering the
diverse nature of issues being dealt with by the Copyright Board, section 11 relating to
the constitution of the Copyright Board has been amended to make it a body consisting of
a Chairman and two members. A provision has also been introduced for payment of
salaries and allowances to the members of the Board. This reformist approach is timely,
looking at the multifarious responsibilities the Copyright Board is now called upon to
discharge
Conclusion
The provisions of the enactments show that the Copyright protection in India is strong
and effective enough to take care of the Copyright of the concerned person. The
protection extends not only to the Copyright as understood in the traditional sense but
also in its modern aspect. Thus, on-line copyright issues are also adequately protected,
though not in clear and express term. 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 interpretatio” 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.
Alternatively, existing laws should be amended as per the requirements of the situation.
The existing law can also be supplemented with newer ones, specifically touching and
dealing with the contemporary issues and problems. The Information Technology Act,
2000 requires a new outlook and orientation, which can be effectively used to meet the
challenges posed by the Intellectual Property Rights regime in this age of information
technology. Till the country has such a sound and strong legal base for the protection of
Intellectual Property Rights, the judiciary should play an active role in the protection of
these rights, including the copyright. The situation is, however, not as alarming as it is
perceived and the existing legal system can effectively take care of any problems
associated with copyright infringement.
 BIBLIOGRAPHY

BOOKS

1. Paul Meenu, Intellectual Property Laws, Allahabad Law Agency, 3rd Edition, Faridabad,
2009
2. Sarma Rama, Commentary on Intellectual Property Laws, LexisNexis India, 1st Edition,
2009
3. Ahuja V.K., Intellectual Property Rights in India, LexisNexis Butterworths Wadhwa, 1st
Edition, 2009
4. Chawla Alka, Law of Copyright: Comparative Perspectives, LexisNexis India, 1st
Edition, 2013
5. Ahuja V.K., Law of Copyright and Neighbouring Rights, LexisNexis Inida, 2nd Edition,
2014

WEBLIOGRAPHY

1. http://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html
2. http://www.advocatekhoj.com/library/bareacts/copyright/index.php?Title=Copyright%20
Act,%201957
3. http://www.ip-watch.org/2013/01/22/development-in-indian-ip-law-the-copyright-
amendment-act-2012/
4. http://copyright.gov.in/
5. http://copyright.gov.in/documents/handbook.html