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Home / Intellectual Property Rights

Intellectual Property Right

Copyright Protection under the Indian Copyright Act

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 21-May-2025

Introduction 

The Indian Copyright Act,1957 establishes comprehensive provisions governing copyright protection in India. This analysis examines Chapter III of the Act, specifically focusing on Section 13 to Section 16, which provides the fundamental principles of copyright subsistence, scope, and limitations within the Indian legal framework. 

Statutory Framework and Scope of Copyright under the Indian Copyright Act 

  • Subsistence of Copyright (Section 13) 
    • Section 13 delineates the categories of works eligible for copyright protection in India.  
    • These include original literary, dramatic, musical and artistic works, cinematograph films, and sound recordings.  
    • The section establishes territorial jurisdictional requirements based on first publication in India or citizenship/domicile status of the author.  
    • Additionally, it specifies exclusions where copyright cannot subsist, particularly in cases of infringement of other copyrighted works, while clarifying that architectural works receive protection only for their artistic character and design. 
  • Meaning of Copyright (Section 14) 
    • Section 14 provides a comprehensive definition of copyright, framing it as an exclusive right to perform or authorize specific acts in relation to different categories of protected works.  
    • For literary, dramatic, and musical works, these rights include reproduction, distribution, public performance, adaptation, and translation.  
    • Computer programs receive specialized protection, including commercial rental rights. Artistic works, cinematograph films, and sound recordings each have tailored protections reflecting their unique characteristics and potential uses, demonstrating the Act's nuanced approach to different creative mediums. 
  • Special Provisions for Registered Designs (Section 15) 
    • Section 15 addresses the intersection between copyright and design protection, establishing clear boundaries between these two intellectual property regimes.  
    • Copyright protection does not extend to designs registered under the Designs Act, 2000.  
    • For unregistered designs capable of registration, copyright protection automatically ceases once the article embodying the design has been reproduced more than fifty times through industrial processes by the copyright owner or licensed parties, effectively channeling industrial designs toward the appropriate protection mechanism. 
  • Exclusivity of Copyright under the Act (Section 16) 
    • Section 16 establishes the exclusivity principle underlying copyright protection in India, stipulating that copyright or similar rights can only exist under the provisions of this Act or other applicable laws.  
    • This section reinforces the statutory nature of copyright protection while explicitly preserving equitable remedies for breach of trust or confidence, ensuring comprehensive protection for creators while maintaining the integrity of the statutory framework. 

Conclusion 

The copyright provisions examined establish a robust framework for protecting creative works in India, balancing the interests of creators with the public domain. The Act's careful delineation of protected works, territorial requirements, and limitations reflects a sophisticated approach to intellectual property protection that accommodates various creative forms while maintaining clear boundaries with other intellectual property regimes.