Copyright Act 1957 - Detailed Analysis

Last Updated on Nov 30, 2024
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The Copyright Act 1957 defines what can and cannot be done with copyrighted content. The Act aims to balance the rights of creators and the interest of the public in progress. The objective of copyright law is to safeguard the creations of writers, musicians, artists, designers and others who share their work with the public and to allow others to use and build on those ideas.

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Overview of Copyright Act 1957

The Copyright Act 1957 came into force in January 1958. The Act has been amended six times with revisions in 1983, 1984, 1992, 1994, 1999 and 2012 respectively under the Copyright (Amendment) Act. The Copyright Act is the first copyright legislation of the country after independence. The Act has transformed the structure of copyright protection in the country along with the Indian Copyright Rules, 1958. The Copyright Act 1957 is an important legislation regarding copyright in India. The main objectives of the Copyright Act is -

  • to protect the rights of creators such as authors, musicians, artists, and designers over their original works
  • to promote the creation of new works derived from existing ideas and knowledge.

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Scheme of Copyright Act 1957

Chapter

Sections

Chapter I

Sections 1-8

Chapter II

Sections 9-12

Chapter III

Sections 13-16

Chapter IV

Sections 17-21

Chapter V

Sections 22-29

Chapter VI

Sections 30-32B

Chapter VII

Sections 33-36A

Chapter VIII

Sections 37-39A

Chapter IX

Sections 40-43

Chapter X

Sections 44-50A

Chapter XI

Sections 51-53A

Chapter XII

Sections 54-62

Chapter XIII

Sections 63-70

Chapter XIV

Sections 71-73

Chapter XV

Sections 74-79

Key Features of Copyright Act 1957

The Act was enacted with the goal of safeguarding the rights of authors, artists, and creators. The following are the salient features of the Copyright Act, 1957 -

Copyright Offices and Boards 

Section 9 sets up the Copyright Office for registration purposes and Section 11 establishes a Copyright Board to address the disputes of copyright.

Registration Fees

The registration fees for copyright are as follows -

  • Literary, musical, dramatic works: Rs. 500
  • Artistic works: Rs. 2000
  • Sound recordings: Rs. 2000
  • Cinematographic films: Rs. 5000

Subject Matter of Copyright

According to Section 13 of the Act the following types of works are protected -

  • Literary Works: it includes written creations such as books, manuscripts and computer programs.
  • Dramatic Works: It comprises compositions for recitation or choreography excluding films.
  • Musical Works: It encompasses compositions of music excluding lyrics or performance actions.
  • Artistic Works: It includes paintings, sculptures, drawings, photographs, and architectural designs.
  • Cinematographic Films: It covers visual works with accompanying sound.
  • Sound Recordings: Any recording of sounds that can be reproduced.

Rights of Copyright Holders

The copyright owner enjoys both economic and moral rights. Economic rights allow the owner to - 

  • control reproduction
  • Performance
  • Adaptation
  • distribution of their work

Section 57 outlines Moral rights to protect the reputation of the author by preserving authorship and integrity of the work.

Civil and Criminal Remedies

Section 55: Civil remedies for copyright infringement such as restitution, injunctions, removal of infringing copies and damages. 

Section 63: Criminal penalties including imprisonment of 6 months to 3 years and fines ranging from 50,000 to 2,00,000 rupees for copyright violations.

Conclusion

Copyright Act, 1957 is an important legislation for the protection of the rights of creators in India. The Act ensures the works of the creators are safeguarded from unauthorized use. The Act encourages creativity while balancing public access by granting both economic and moral rights to authors, artists, and others. The Act provides provisions for registration, infringement remedies and frequent amendments shows its adaptability to changing times and making it a cornerstone for intellectual property protection in India.

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FAQs about Copyright Act 1957

The Copyright Act 1957 is a law that protects the rights of creators such as authors, musicians, artists and designers over their original works.

The Act protects Literary works, Dramatic works, Musical works, Artistic works, Cinematographic films and Sound recordings.

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