Copyright Act, 1957: India’s Legal Framework for Creative Protection

Why in News ?

With the rapid expansion of digital content, AI-generated works, online education, and creative industries, the Copyright Act, 1957 continues to remain central to debates on creator rights, fair use, public access, and digital regulation in India.

Background & Context

Copyright law in India reflects the evolution from colonial legal frameworks to a modern intellectual property regime aligned with global standards.

The Copyright Act, 1957, which came into force on 21 January 1958, replaced the colonial-era Indian Copyright Act, 1914, and laid the foundation for protecting creators in a rapidly changing technological and cultural landscape.

Over time, multiple amendments—especially the 2012 Amendment—have adapted the law to:

• Digital dissemination
• Performers’ rights
• International treaty obligations

Historical Background of Copyright Law in India

Colonial Roots

• Prior to independence, India followed the Indian Copyright Act, 1914
• Based on the British Imperial Copyright Act, 1911
• Governed works created before 21 January 1958
• Provided 50 years’ protection for photographs from the date of creation

Post-Independence Framework

• Copyright Act, 1957 became India’s first independent copyright law
• Entered into force on 21 January 1958

Amendments

The Act has been amended six times:

• 1983
• 1984
• 1992
• 1994
• 1999
• 2012 (most significant)

International Alignment

India is a member of:

• Berne Convention (1886)
• Universal Copyright Convention (1951)
• Rome Convention (1961)
• TRIPS Agreement

India joined:

• WIPO Copyright Treaty (WCT)
• WIPO Performances and Phonograms Treaty (WPPT) in 2013

Scope and Criteria under the Copyright Act, 1957

The Act protects original intellectual and creative works, regardless of artistic merit, provided they satisfy originality requirements.

Types of Works Protected

Literary Works

• Books, articles, manuscripts
• Computer software and databases

Dramatic Works

• Plays, scripts, choreography, recitations

Musical Works

• Musical compositions (excluding lyrics)

Artistic Works

• Paintings, drawings, sculptures
• Maps, charts, plans
• Photographs

Cinematograph Films

• Movies, videos, digital films

Sound Recordings

• Songs, audiobooks, albums, soundtracks

Other Works

• Architectural works
• Works of artistic craftsmanship

Foreign Works

• Protected through International Copyright Order
• Duration cannot exceed protection available in the country of origin

Key Provisions of the Copyright Act, 1957

Nature of Copyright

• Defined as a bundle of exclusive rights, including:
  • Reproduction
  • Adaptation
  • Translation
  • Distribution
  • Communication to the public

Ownership

• Author is the first owner of copyright
• Exceptions apply in:
  • Employer–employee relationships
  • Government works

Assignment of Copyright (Section 19)

• Must be through written agreement
• Assignment without specified duration:
  • Valid for five years
• Territory defaults to India, unless specified

Joint Authorship

• Recognised when contributions are inseparable
• Rights shared jointly among authors

Remedies

• Civil remedies: injunctions, damages
• Criminal remedies: imprisonment and fines
• Administrative remedies: customs detention of infringing goods

Jurisdiction

• Supreme Court (2015) clarified:
  • Jurisdiction lies where cause of action arises
  • Prevents forum shopping and harassment

Exceptions under the Copyright Act, 1957

To balance creator rights with public interest, the Act provides exceptions under Section 52 (Fair Dealing).

Fair Dealing Exceptions

• Private or personal use, including research
• Educational use and teaching
• Criticism or review
• Reporting current events
• Reporting public lectures

Freedom of Panorama (Sections 52(s), 52(t), 52(u))

• Permits:
  • Photography, painting, or depiction of buildings permanently located in public places
  • Representation of public sculptures or artistic works
  • Incidental inclusion of such works in films

These provisions ensure cultural documentation and public expression.

Duration of Copyright Protection

Important Judicial Pronouncements

Key Case Laws

• The Daily Calendar Supplying Bureau v. United Concern (1958, 1964): Clarified limits of freedom of panorama
• Civic Chandran v. Ammini Amma: Allowed transformative and critical use under fair dealing
• Academy of General Education v. B. Malini Mallya (2009): Expanded interpretation of fair dealing
• Delhi University – Rameshwari Photocopy Case (2016): Educational photocopying allowed under fair dealing
• Indian Performing Rights Society v. Sanjay Dalia (2015): Jurisdiction linked to cause of action
• Najma Heptulla v. Orient Longman: Defined principles of joint authorship
• Pine Labs Pvt. Ltd. v. Gemalto Terminals (2023): Assignment without duration limited to five years

Significance and Contemporary Challenges

Significance

• Encourages creativity and innovation
• Protects livelihoods of artists and creators
• Supports growth of:
  • Media
  • Publishing
  • Film
  • Digital economy

Contemporary Challenges

• Digital piracy
• AI-generated content
• Balancing access with monetisation
• Enforcement in the online environment