| 1. Copyright Registration in India
Registration of copyright is not compulsory either for acquiring copyright or for enforcing the copyright by infringement suit. However, registration in the Register of Copyrights maintained by the Registrar of Copyrights takes about ONE YEAR and has substantial evidential value. In the case of any dispute arising in respect of an assignment or its terms, the Copyright Board, on receipt of a complaint from any of the parties to the dispute will pass appropriate orders. The Copyright Board can also pass order for rectification of register of copyrights and can also decide grants of licence and compulsory licensing in respect of certain copyrights.
An appeal lies to the Copyright Board against orders of Registrar of Copyrights. The Copyright Board comprises of a Chairman (who is, or has been a Judge of a High Court or is qualified for appointment as a judge of a High Court) and not less than two nor more than 14 other members.
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2. Copyrights Act in India
Sweeping changes were made in the Copyright Act,1957, to update it and make it more effective and easy for general public and non commercial user.
The salient features of the Copyright (Amendment) Act, 1994 were:
- More precise definitions
- Expansion in the scope of protected works keeping in mind the technological changes in the field of communication
- Greater clarity as to what would constitute infringement
- Dilution of the offence of infringement vis-a-vis non-commercial use of copyright works.
The 1994 Amendment to the Act for the first time-
- Defined Computer to include any electronic or similar device having information processing qualities and Computer Programme as a set of instructions expressed in words, codes, schemes or in any other form, in a machine, readable medium, capable of causing a computer to perform a particular task or achieve a particular result.
- Determined that knowing use of an infringing copy of a computer programme will constitute an offence.
- Imposed penalty on both the seller and the user. Section 63B of the Act, newly introduced, states: "Any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment of a term which shall not be less than one month but which may extend to three years and with fine which shall not be less than Rs.50,000 (US$ 1515) and which may extend to Rs.2 lakh (US$ 6060). Provided that where the computer programme has not been used for gain or in the course of trade or business, the court, for adequate and special reasons to be mentioned in the judgement may not impose any sentence of imprisonment and may impose a fine which may extend to Rs.50,000 (US$ 1515)."
- Permited the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme only in order to utilise the computer programme for the purpose for which it was supplied or, to make back-up copies purely as a temporary protection against loss, destruction or damage.
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3. Major amendments in the Copyright Law of India
The Indian Parliament has recently introduced some major amendments in the Copyright Act, 1957
The amendments under copyright (Amendment) Act 1999 include:
- Extension of the term of protection of performers' rights from 25 to 50 years as required under the TRIPs (Trade Related Intellectual Property Rights) Agreement.
- Extension of the applicability of the provisions of the Copyright Act to broadcasting organisations and performers in other countries, provided those countries extend similar protection to Indian broadcasting organisations and performers.
The following acts have been included as not constituting an infringement of copyright-
- Any act necessary to obtain information essential for inter-operability of an independently created computer programme with other programmes by the lawful possessor of a computer programme provided that such information is not otherwise readily available;
- The observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the function for which the computer programme was supplied;
- The making of copies or adaptation of the computer programme from a legally obtained personal copy for non-commercial personal use;
- Further, the reproduction, for the purpose of research or private study or with a view to publication of an unpublished literary, dramatic or musical work in the public domain shall not constitute infringement of copyright provided that the identity of the author(s) is known and the reproduction is made after 60 years from the death of the author(s).
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