Understanding the Characteristics of Copyright in the Digital Age

Copyright, similar to patents, protects the creative endeavors of their owners, but specifically pertaining to intellectual property. It guarantees an exclusive right to the creator or owner to control the reproduction, distribution, and derivative use of their original works, such as literary, dramatic, musical, and artistic works, as well as cinematography and sound recordings.

Duration and Scope

A copyright typically extends for the life of the originator plus an additional period, usually 50 years. For cinematographic works, this period is 50 years after the work was made available to the public, while for photographic works, it is 25 years after the creation of the work.

Evolution of the Indian Copyright Act

India's Copyright Act was introduced in 1957 and has since undergone several revisions, notably in 1994 and 2002. These modifications largely stemmed from India's increased integration into the global market economy, as it signed the GATT and subsequently the WTO. As a result, India has aligned its copyright laws with international standards.

Exclusions and Protections

While copyright protects original works, it does not extend to ideas or concepts themselves. Only the material form in which these ideas are expressed is subject to copyright. Moreover, the use of ideas or concepts by others in a different manner does not constitute an infringement of copyright. Similarly, there is no copyright in live events, such as sports or news events, and no license is required to transmit these events.

Promotion of Originality and Protection of Creators

The primary objective of the Indian Copyright Act is to foster the creation of original works by rewarding creators with exclusive rights for a limited period. Publishers, film producers, and record manufacturers can economically exploit these works, often generating the bulk of the benefits. While the creators receive recognition and a share, the real beneficiaries are the entrepreneurs who exploit the copyright.

Challenges and Legal Remedies

With the advent of digital technology, the issue of copyright infringement, often referred to as 'piracy,' has become a significant concern. In India, for example, piracy in the form of cassette sales of unauthorized recordings, especially Beatles records and music, was rampant, with figures from 1997 indicating 174 million units, valued at approximately $83 million.

The international nature of copyright means that creators can seek protection in almost any country through international conventions, such as the Berne Convention for the Protection of Literary and Artistic Works. As a member of these conventions, Indian copyright owners can enforce their rights globally, and actions under the 1957 Copyright Act can curb infringement, which is an offense punishable by imprisonment and fines.