Copyright Jurisprudence Advanced India.
1. Introduction to Copyright in India
Copyright in India is governed by the Copyright Act, 1957 (as amended). It protects:
Literary works: books, software, articles.
Artistic works: paintings, photographs, sculptures.
Musical works: songs, compositions.
Cinematograph films and sound recordings.
Key rights granted to copyright holders:
Economic rights: Reproduction, distribution, adaptation, public performance.
Moral rights: Right of attribution and integrity of the work.
Advanced copyright jurisprudence in India involves interpretation of originality, fair dealing, infringement standards, and technological issues.
2. Legal Principles in Advanced Copyright Jurisprudence
Originality: A work must demonstrate minimal creativity, not merely effort.
Idea-Expression Dichotomy: Ideas are not protected; expression of ideas is protected.
Fair Dealing / Fair Use: Use for criticism, review, research, or educational purposes may not infringe.
Substantial Similarity Test: Courts examine whether the essential elements of a work are copied.
Technological Protection Measures (TPM): Digital content protection is recognized.
3. Key Indian Case Laws on Advanced Copyright Issues
Case 1: Eastern Book Company vs. D.B. Modak (2008)
Background: EBC published law reports, and Modak copied portions of judgments with their headnotes and pagination in a CD product.
Issue: Whether copyright extends to headnotes and pagination, which are literary works.
Court Findings:
Supreme Court recognized that copyright protects original annotations, headnotes, and pagination arrangements, even if underlying judgments are public domain.
Copying substantial portion of headnotes amounted to infringement.
Outcome: Infringement established; Modak restrained from further distribution.
Significance: Landmark in copyright protection of compilations and annotations.
Case 2: University of Delhi vs. Kamal Singh & Ors. (2006)
Background: Copies of University’s study materials were reproduced and sold commercially.
Issue: Whether reproduction for profit without permission amounts to infringement.
Court Findings:
Emphasized economic rights under the Act.
Fair dealing for research or private study does not extend to commercial copying.
Outcome: Defendants liable for infringement.
Significance: Clarified scope of fair dealing vs. commercial exploitation.
Case 3: Indian Performing Right Society Ltd. (IPRS) vs. Sanjay Dalia & Ors. (2004)
Background: Restaurants and hotels played copyrighted music without obtaining licenses.
Issue: Does public performance in commercial establishments require licensing?
Court Findings:
Playing music in public spaces amounts to public performance under Section 13.
Licensing fees payable even if music is background entertainment.
Outcome: Infringers directed to pay royalties.
Significance: Strengthened economic rights in musical works and public performance.
Case 4: R.G. Anand vs. Delux Films (1978)
Background: A play written by Anand was allegedly copied in the film New Delhi.
Issue: Whether the film infringed copyright in the play.
Court Findings:
Established “substantial part” test: infringement occurs if essential expression, not just minor elements, is copied.
Mere idea or theme is not sufficient for infringement.
Outcome: Infringement found; film producers restrained.
Significance: Fundamental case establishing idea-expression dichotomy and substantial similarity test.
Case 5: Super Cassettes Industries Ltd. vs. Entertainment Network (India) Ltd. (2008)
Background: Radio channels broadcast copyrighted music without authorization.
Issue: Whether broadcasting to the public constitutes infringement.
Court Findings:
Reaffirmed public performance rights.
Licensing under IPRS mandatory.
Outcome: Radio stations required to pay royalties.
Significance: Modern application of digital and broadcast rights.
Case 6: University of Delhi Press vs. Ajay Publishing (2011)
Background: Alleged unauthorized copying of textbooks and study materials.
Issue: Scope of reproduction rights in educational publications.
Court Findings:
Highlighted that original compilations and arrangement in textbooks enjoy copyright.
Even partial copying of chapter structure or summaries could infringe.
Outcome: Infringers restrained; damages awarded.
Significance: Strengthened copyright protection for structured educational content.
Case 7: Entertainment Network (India) Ltd. vs. Super Cassettes Industries (2012)
Background: Radio broadcasters and record labels disputed royalty distribution.
Issue: Proper interpretation of licensing agreements and fair royalty distribution.
Court Findings:
Courts analyzed contracts, copyrights, and statutory licensing provisions.
Reaffirmed licensing obligations and compliance under Copyright Act.
Outcome: Licensees required to pay royalty as per statutory framework.
Significance: Clarified interaction of copyright and commercial licensing agreements.
4. Emerging Issues in Advanced Indian Copyright Jurisprudence
Digital / Streaming Rights
Copyright protection now extends to online streaming and digital downloads.
Software and Code Protection
Indian courts recognize software as literary work; infringement includes copying source code or significant functionality.
Derivative Works
Courts protect adaptations, translations, or sequels if they reproduce substantial original expression.
Fair Dealing in Academia
Reproduction allowed for research, criticism, or private study, but commercial reproduction is not protected.
Moral Rights
Authors have right to attribution and integrity, even in collaborative works.
5. Key Doctrines from Advanced Jurisprudence
| Doctrine | Explanation |
|---|---|
| Idea-Expression Dichotomy | Ideas are free; expression is protected. |
| Substantial Similarity Test | Essential expression copied = infringement. |
| Originality Requirement | Minimal creativity required, not mere effort. |
| Fair Dealing | Allowed for research, criticism, review; not commercial use. |
| Moral Rights | Author can claim attribution and object to distortion. |
| Digital Rights Protection | Streaming, downloads, and broadcasting are protected acts. |
6. Summary
Indian copyright jurisprudence balances author’s rights, public interest, and technological developments.
Landmark cases like R.G. Anand, Eastern Book Company, IPRS cases, Super Cassettes, and University of Delhi Press shaped advanced doctrines.
Key principles include:
Originality, substantial similarity, idea-expression dichotomy.
Scope of fair dealing and moral rights.
Digital, broadcasting, and software protections.
Indian courts increasingly focus on modern challenges such as digital content, online platforms, and structured educational material.
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