Frequently asked questions: Copyright Act, 1957

Definition
Q1. What is meant by adaptation?
Ans. Adaptation means:

       1. In relation to dramatic work, the conversion of the work into non dramatic work.
       2. In relation literary work or an artistic work the conversion of the work into a dramatic work by way of performance in public or otherwise.
       3. In relation to literary or dramatic work any abridgement of the wok or any version of the work in which the story or action is conveyed wholly or mainly by pictures in a form suitable for the reproduction in a book or in a newspaper or magazine.
       4. In relation to musical work any arrangement or transcription of work.
       5. In relation to any work, any use of such work involving its re-arrangement or alterations.

Q2. What is meant by cinematograph film?
Ans. It means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means. It also 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. 
Q3. What is meant by Government work?
Ans. Government work means a work which is made or published under the control of

       1. The Government or any department of government
       2. Any legislature in India
       3. Any court, tribunal or other judicial authority in India.

Q4. What is the meaning of "Indian Work"?
Ans. Indian work means a literary, dramatic or musical work;

       1. The author of which is a citizen of India, or
       2. Which is first published in India, or
       3. The author of which in the case of unpublished work is at the time of the making of work, a citizen of India.

Q5. What is meant by infringing copy?
Ans. Infringing copy means;

       1. In relation to a literary dramatic, musical or artistic work, a reproduction thereof otherwise than in a form of cinematograph film.
       2. In relation to a cinematographic film, a copy of the film made on any medium by any means.
       3. In relation to a sound recording, any other recording embodying the same sound recording made by any means.
       4. Reproduction of a programme or performance, if such copy or such sound recording is made or imported in contravention of provision of this Act.

Copyrights
Q6. In what type of works copyright subsists?
Ans. Copyright subsists in the following classes of work:

       1. Original literary, dramatic, musical and artistic works,
       2. Cinematograph films
       3. Sound recording

Q7. Under what circumstances copyright does not subsist in a cinematographic film?
Ans. Copyright does not subsist in any cinematograph film if substantial part of of the film is an infringement of the copyright in any other work.
Q8. What is meant by copyright in the case of literary, dramatic or musical work and computer programme?
Ans. It means the exclusive right to do or authorize the doing of any of the following acts:

       1. To reproduce the work in any material form
       2. To issue copies of the work to public
       3. To make any cinematograph firm or sound recording in respect of the work
       4. To make any translation or adaptation of the work.

In case of computer programme it also include right to sell or give commercial rental or offer for sale or for commercial rental or offer for sale or for commercial rental cop of the computer programme.
Q9. What is meant by copyright in an artistic work?
Ans. It means to do or authorize to do any of the following acts:

       1. To reproduce the work in any material form
       2. To communicate the work to the public
       3. To issue copies of the work to public not being copies already in circulation
       4. To include work in any cinematograph film.
       5. To make any adaptation of the work.

Q10. What does the copyright in a cinematograph film implies?
Ans. In the case of a cinematograph film it implies the right to do any of the following acts:

       1. To make a copy of the film, including a photograph of any image forming part  thereof
       2. To sell or give on hire the copy of the film
       3. To communicate the film to the public

In case of sound recording,

       1. To make any other sound recording embodying it
       2. To sell or give on hire the copy of the sound recording
       3. To communicate the sound recording to the public 

Ownership of Copyrights
Q11. Who is the first owner of copyright?
Ans. The author of a work shall be the first owner of the copyright therein. However, in the case of a literary dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or similar periodical the proprietor shall be the first owner.
Q12. In whom the copyright vest in the case of a photograph taken or painting or portrait drawn for valuable consideration at the instance of any person?
Ans. In the absence of any agreement to the contrary the copyright will vest in the person on whose instance work has been done.
Q13. In whom the copyright vest in the case of any address o speech delivered in public?
Ans. In the case of any address or speech delivered in public, the person who has delivered such speech or address on behalf of any other person, such other person shall be the first owner of the copyright therein.
Q14. In whom the copyright vest in case of Government work?
Ans. In the absence of any agreement to the contrary in the case of a Government work, Government shall be the first owner of the copyright.
Q15. Is assignment of copyright possible?
Ans. Yes. the owner of copyright in any existing work or the prospective owner of the copyright in any future work may assign to any person the copyright either wholly or partially either generally or subject to limitations.
Q16. When does the assignment of copyright with respect to the future work takes place?
Ans. It shall take effect only when the work comes into existence.
Q17. what are the modes of assignment of copyright?
Ans.

   1. The assignment of copyright should be in writing and must be signed by the assignor or his duty authorized agent.
   2. The assignment of work should specify the right assigned, identify the work and mention duration and territorial extension, amount of royalty payable if any payable to the author or his legal heir.

If the period of assignment is not stated, it shall be deemed to be 5 years from the date of assignment if the territorial extent is not specified it shall extend within India.
Q18. Who decides the dispute with regard to the assignment of copyright?
Ans. These disputes are decided by, copyright board.
Q19. Can the author relinquish copyright?
Ans. Yes the author can relinquish copyright in the work by giving notice in the prescribed form to the registrar of copyrights. It shall not affect any rights subsisting in favour of any
-Person on the date of the notice referred to in sub-section(1)

Terms of Copyrights
Q20. What is the term of copyright in published literary, dramatic, musical and artistic work?
Ans. In case of work published within the life time of the author until 60 years from the beginning of the calendar year next following the year in which the author dies.
Q21. What is the term of copyright in anonymous and pseudonymous work?
Ans. In the case of a literary, dramatic, musical or artistic work, which is published anonymously or pseudonymously copyright shall  subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.
Where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 60 years from the beginning of the calendar year next following the year in which the author dies.
Q22. What is the term of copyright in photograph?
Ans. Copyright in photograph shall subsist until sixty years from the beginning of the calendar year next following the year in which the photograph is published.
Q23. What is the term of copyright in sound recording and cinematograph films?
Ans. In the case of sound recording copyright shall subsist until 60 years from the beginning of the calendar year next following the year in which the work is published.
Q24. What is the term of copyright in Government work and work of public undertaking?
Ans. In both the cases, it will subsist upto the period of 60 years from the beginning of the calendar year next following the year in which work is first published.
Q25. What is the term of copyright in posthumous work?
Ans. In this type of cases copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the word year in which the work is first published or where an adaptation of the work is published earlier from the beginning of the calendar year next following that year.

Infringement of Copyright
Q26. When does the copyright deemed as infringed?
Ans. Copyright in a work shall be deemed to be infringed,

       1. If a person does anything the exclusive right to do which is by this Act conferred upon the owner of the copyright or
       2. Permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work.
       3. If any person sale, hire, distribute, by way of trade exhibits in public, imports into India any infringing copies of the work. 

Q27. What type of acts do not amount of infringement of copyright?
Ans. Fair dealing with a literary, dramatic, musical or artistic work for the purpose of criticism or review.

Civil Remedies
Q28. What kind of civil remedies are available in case of infringement of copyright?
Ans. In case of infringement of copyright, owner of the copyright shall be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right.
Q29. Does the author posses any special rights?
Ans. The author of a work shall have the right,

       1. Claim authorship of the work or
       2. Restrain or claim damages in respect of any distortion mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright.

The right conferred upon an author of a work by sub-section(1) other than the right to claim authorship of the work may be exercised by the legal representative of the author.
Q30. Does the Act put any restriction on the remedies in the case of works of architecture?
Ans. Where the construction of a building or other structure which infringes or which if completed would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain construction of such building or to order its demolition.

Offences
Q31. What is the provided punishment for a person guilty of infringement of copyright?
Ans. If any person knowingly infringes or abets the infringement of

       1. The copyright in a work or
       2. Any other right conferred by this Act

shall be punishable with imprisonment for a term which shall not be less than 6 months and which may extend to 3 years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees
Q32. What punishment can be imposed on a person guilty of possession of plates for the purpose of making infringing copies?
Ans. Such person shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.