What is the Indian Copyright Act, 1957?
The Indian Copyright Act, 1957 is a legal framework that protects original creations in the fields of literature, music, art, films, and computer programs. This Act safeguards the expression of ideas rather than the ideas themselves. The law came into effect on January 21, 1958, and is administered by the Ministry of Commerce and Industry’s Department of Promotion of Industry and Internal Trade. It aims to protect the rights of creators and encourage creativity in India.
Who Does it Protect?
The Act protects:
- Literary works (books, poetry, computer programs)
- Dramatic works
- Musical works
- Artistic works (paintings, sculptures)
- Cinematograph films (movies)
- Sound recordings
It applies to works created by Indian citizens or where the work is published in India.
Why Was it Enacted?
The Act was put in place to:
- Secure creators’ rights over their original works
- Prevent unauthorized copying and exploitation
- Provide legal remedies in case of infringement
- Align Indian copyright law with international standards and treaties
This helps foster creativity while ensuring creators benefit financially and morally from their work.
Important Amendments
The Act has been amended five times (1983, 1984, 1992, 1994, 1999) with the most significant amendment in 2012, which:
- Introduced protections for digital and online content
- Made Indian copyright law compliant with WIPO internet treaties (WCT and WPPT)
- Addressed the rights of performers and music composers
- Enhanced penalties for infringement, including digital piracy
- Provided exceptions and accessibility for the physically disabled
- Enabled statutory licensing for certain music and broadcasting uses
Additionally, the Copyright (Amendment) Rules, 2021 introduced electronic filing and transparency requirements for copyright societies.
Key Provisions and Sections
- Section 13: Lists works eligible for copyright
- Section 14: Rights granted to copyright owners (reproduction, adaptation, distribution)
- Section 17: Ownership of copyright (creator or employer in employment)
- Section 52: Exceptions allowing fair use (criticism, teaching, research)
- Section 57: Moral rights of authors
- Section 63: Penalties for infringement (fines ₹50,000 to ₹2,00,000, imprisonment 6 months to 3 years)
The law also establishes the Copyright Office and Copyright Board to oversee registrations and resolve disputes.
How is the Act Applied?
- Copyright is automatic upon creation
- Registration with the Copyright Office is optional but helpful for legal proof
- Owners can enforce rights through civil lawsuits or criminal complaints
- Courts can order the seizure and destruction of infringing copies
- Royalties and licensing regulate use of copyrighted works, including broadcasting and software
- Digital rights and internet service providers have defined responsibilities under the Act.
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