THE COPYRIGHT ACT, 1957
Chapter I: Preliminary
Sections 1 to 8 | Comprehensive Educational Guide
Introduction to Chapter I
Chapter I of The Copyright Act, 1957 lays the foundation for understanding the entire Act. It contains 8 sections (Sections 1-8) that deal with preliminary matters including:
- The title, geographical extent, and commencement of the Act
- Important definitions and interpretations
- The meaning of publication
- Rules for determining when and where a work is first published
- Dispute resolution mechanisms
- Rules regarding nationality and domicile
Short Title, Extent and Commencement
📖 The Law Says:
(1) This Act may be called the Copyright Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
🗣️ Simple Explanation:
This section is like the "identity card" of the Act. It tells us three basic things:
- Name: The official name is "The Copyright Act, 1957" - just like you have a name, every law has an official name
- Where it applies: This law applies everywhere in India - from Kashmir to Kanyakumari, from Gujarat to Arunachal Pradesh
- When it started: The Act came into force on 21st January, 1958 (when the Government notified it in the Official Gazette)
💡 Practical Example:
Scenario: Ramesh, a writer in Chennai, writes a novel. His friend Suresh in Delhi copies the novel without permission.
Application: Ramesh can file a case against Suresh under the Copyright Act, 1957 because:
- The Act applies to the whole of India (both Chennai and Delhi)
- The Act has been in force since January 21, 1958
⚖️ Landmark Case Law:
Eastern Book Company vs. D.B. Modak
Citation: (2008) 1 SCC 1
Relevance: The Supreme Court held that the Copyright Act, 1957 applies uniformly across India and provides the complete framework for copyright protection. The Court emphasized that no copyright exists outside the provisions of this Act (as per Section 16).
🔑 Key Points to Remember:
| Aspect | Detail |
|---|---|
| Official Name | The Copyright Act, 1957 |
| Territorial Extent | Whole of India (including J&K after 2019) |
| Date of Enforcement | 21st January, 1958 |
| Act Number | Act No. 14 of 1957 |
Interpretation (Definitions)
📖 The Law Says:
Section 2 provides definitions for various terms used throughout the Act. Key definitions include:
🗣️ Simple Explanation of Key Definitions:
📚 "Adaptation" [Section 2(a)]
Simple meaning: Changing a work from one form to another
Example: Converting a novel into a movie script, or translating a book from Hindi to English
🎨 "Artistic Work" [Section 2(c)]
Simple meaning: Any creative visual work
Includes: Paintings, sculptures, drawings, photographs, architectural works, maps, charts
✍️ "Author" [Section 2(d)]
Simple meaning: The creator of a work
Different for different works:
- Literary/Dramatic work → The writer
- Musical work → The composer
- Photograph → The photographer
- Film/Sound recording → The producer
- Computer-generated work → Person who causes it to be created
📻 "Broadcast" [Section 2(dd)]
Simple meaning: Communicating to the public through wireless or wire
Example: TV channels broadcasting programs, radio stations playing songs
🎬 "Cinematograph Film" [Section 2(f)]
Simple meaning: Any visual recording with or without sound
Includes: Movies, video films, documentaries, and any similar visual recording
📢 "Communication to Public" [Section 2(ff)]
Simple meaning: Making work available for public viewing/hearing
Example: Streaming a movie on OTT platform, playing music at a public event
🏛️ "Government Work" [Section 2(k)]
Simple meaning: Work made by or under Government's direction
Includes: Works by Government departments, Legislature, Courts, Tribunals
🚫 "Infringing Copy" [Section 2(m)]
Simple meaning: Unauthorized reproduction of a copyrighted work
Example: Pirated DVDs, photocopied books without permission
📝 "Literary Work" [Section 2(o)]
Simple meaning: Written creative or informational content
Includes: Books, computer programs, tables, compilations, databases
🎵 "Musical Work" [Section 2(p)]
Simple meaning: Work consisting of music
Note: Does NOT include lyrics (lyrics are literary work)
🎭 "Performer" [Section 2(qq)]
Simple meaning: Person who performs a work
Includes: Actors, singers, musicians, dancers, acrobats, lecturers
🔊 "Sound Recording" [Section 2(xx)]
Simple meaning: Recording of sounds that can be reproduced
Example: Audio CDs, MP3 files, podcast recordings
💡 Practical Example:
Scenario: Priya composes a song. The music is composed by her, and she also writes the lyrics. Raj sings the song, and it is recorded by Music India Ltd.
Who is "Author" of what?
- Musical Work (tune): Priya is the author (as composer)
- Literary Work (lyrics): Priya is the author (as writer)
- Sound Recording: Music India Ltd. is the author (as producer)
- Performance: Raj has performer's rights (as singer/performer)
⚖️ Landmark Case Law:
Indian Performing Right Society Ltd. vs. Eastern India Motion Pictures Association
Citation: AIR 1977 SC 1443
Relevance: The Supreme Court extensively interpreted the definitions under Section 2, particularly clarifying the distinction between "musical work" and "sound recording." The Court held that a musical work and its sound recording are separate copyrightable works with potentially different owners.
🔑 Key Points to Remember:
| Term | Key Understanding |
|---|---|
| Author | Varies by type of work - not always the creator |
| Literary Work | Includes computer programs and databases |
| Musical Work | Only the music, NOT lyrics |
| Communication to Public | Includes satellite, cable, and internet streaming |
Meaning of Publication
📖 The Law Says:
For the purposes of this Act, "publication" means making a work available to the public by issue of copies or by communicating the work to the public.
🗣️ Simple Explanation:
Publication happens when a work is made available to the public. This can happen in two ways:
- Issue of Copies: Distributing physical or digital copies to the public (like selling books, CDs, or making downloads available)
- Communication to Public: Making the work accessible without physical copies (like broadcasting on TV, streaming online, or performing in public)
Key Point: The work must be available to the public - sharing with family or a few friends doesn't count as publication.
💡 Practical Examples:
| Scenario | Published? | Reason |
|---|---|---|
| Author prints 1000 copies of book and sells in market | ✅ Yes | Copies issued to public |
| Song uploaded on YouTube | ✅ Yes | Communicated to public |
| Movie released in theatres | ✅ Yes | Communicated to public |
| Author shows manuscript to 5 friends | ❌ No | Not available to public |
| Painting displayed in private home | ❌ No | Not available to public |
| Software made available for free download | ✅ Yes | Copies issued to public |
⚖️ Landmark Case Law:
Sulamangalam R. Jayalakshmi vs. Meta Musicals Chennai
Citation: 2000 (20) PTC 401 (Mad)
Relevance: The Madras High Court held that "publication" under Section 3 includes making the work available to the public through any medium. The Court emphasized that the mode of making the work available (whether physical copies or digital communication) is immaterial as long as the work reaches the public.
🔑 Key Points to Remember:
| Aspect | Detail |
|---|---|
| Two Methods | Issue of copies OR Communication to public |
| Essential Element | Work must be available to PUBLIC |
| Private Sharing | NOT publication |
| Medium | Physical or digital - both count |
When Work Not Deemed to be Published or Performed in Public
📖 The Law Says:
Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright.
🗣️ Simple Explanation:
This section creates an important legal fiction. It says:
- If someone publishes or performs your work without your permission, it is NOT considered "publication" or "public performance" in the eyes of law
- Why? This protects the copyright owner's rights - unauthorized publication shouldn't affect their copyright status
- Exception: This rule doesn't apply when determining infringement - unauthorized publication IS still infringement
Think of it this way: If a thief steals your book and publishes it, you don't lose your "first publication" rights. You can still officially publish it yourself later.
💡 Practical Example:
Scenario: Anita writes a novel and keeps it unpublished. Her roommate secretly takes the manuscript and publishes it without Anita's permission.
Legal Position:
- The roommate's publication is NOT treated as "publication" for copyright purposes
- Anita's work is still considered "unpublished" legally
- Anita can still exercise her right to first publication
- However: The roommate CAN be sued for copyright infringement
⚖️ Landmark Case Law:
R.G. Anand vs. Delux Films
Citation: AIR 1978 SC 1613
Relevance: The Supreme Court discussed the importance of authorized publication and held that unauthorized use of a work cannot confer any legitimate status on the infringer. The Court emphasized that the rights of the original copyright owner remain intact despite unauthorized publication.
🔑 Key Points to Remember:
| Aspect | Detail |
|---|---|
| Core Principle | Unauthorized publication ≠ Legal publication |
| Purpose | Protects copyright owner's rights |
| Exception | Still counts as infringement |
| Effect | Work remains "unpublished" legally |
When Work Deemed to be First Published in India
📖 The Law Says:
A work published in India shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some other country, unless:
- Such other country provides a shorter term of copyright for such work
A work shall be deemed to be published simultaneously in India and another country if the time between publications does not exceed thirty days.
🗣️ Simple Explanation:
This section answers an important question: "Where was a work first published?"
The rules are:
- Rule 1: If published in India and another country within 30 days, it's treated as "first published in India" (giving Indian copyright protection)
- Rule 2: Exception - If the other country gives SHORTER copyright protection, India won't claim first publication
- Why 30 days? To account for logistics of international publishing
Practical Impact: Being "first published in India" gives the work protection under Indian Copyright Law.
💡 Practical Example:
Scenario: An American author publishes a book in USA on January 1st and in India on January 20th (within 30 days).
Legal Position:
- The book is considered "first published in India" for Indian copyright law purposes
- The work gets full protection under Indian Copyright Act
- The author can claim copyright in India regardless of being a foreign national
But if: USA provided only 50 years copyright while India provides 60 years, then India would NOT claim it as first published in India (shorter term exception).
⚖️ Landmark Case Law:
Penguin Books Ltd. vs. India Book Distributors
Citation: AIR 1985 Del 29
Relevance: The Delhi High Court applied Section 5 and held that simultaneous publication (within 30 days) in India and abroad gives the work Indian copyright protection. The Court emphasized that this provision helps international authors get protection in India while also ensuring Indian publishers can legitimately deal with such works.
🔑 Key Points to Remember:
| Aspect | Detail |
|---|---|
| Simultaneous Publication | Within 30 days |
| Default Rule | Treated as first published in India |
| Exception | Other country has shorter copyright term |
| Government Power | Can modify 30-day period for specific countries |
Certain Disputes to be Decided by Appellate Board
📖 The Law Says:
If any question arises:
- (a) Whether a work has been published or the date of publication (for Chapter V purposes)
- (b) Whether copyright term is shorter in another country than in India
It shall be referred to the Appellate Board whose decision shall be final.
Proviso: If the Board finds the issue of copies or communication was of insignificant nature, it shall not be deemed publication.
🗣️ Simple Explanation:
This section creates a specialized dispute resolution mechanism for two specific questions:
- Publication Disputes: Was a work published? When was it published?
- Comparative Term Disputes: Which country gives shorter copyright protection?
Why Appellate Board?
- These are technical questions requiring expertise
- Quick resolution is needed
- Consistency in decisions across India
Important: The Board can say "even if copies were issued, if it was insignificant, it's not publication"
💡 Practical Example:
Scenario: A dispute arises whether a book was published in 1990 or 1995. This matters because copyright term is calculated from publication date.
Process:
- The matter is referred to the Appellate Board
- The Board examines evidence (publication records, sales data, etc.)
- The Board gives its decision - say, it was published in 1992
- This decision is final - no appeal
Another Example: If only 10 copies of a book were printed and given to friends, the Board may say this is "insignificant" and NOT publication.
⚖️ Landmark Case Law:
Music Broadcast Pvt. Ltd. vs. Indian Performing Right Society Ltd.
Citation: 2011 (47) PTC 587 (Bom)
Relevance: The Bombay High Court discussed the role of the Copyright Board (now Appellate Board) in resolving copyright disputes. The Court held that technical questions regarding copyright, including publication dates and comparative copyright terms, should be decided by the specialized tribunal for consistency and expertise.
🔑 Key Points to Remember:
| Aspect | Detail |
|---|---|
| Deciding Authority | Appellate Board (earlier Copyright Board) |
| Types of Disputes | Publication date & Comparative copyright terms |
| Nature of Decision | Final (no appeal) |
| Special Power | Can declare insignificant publication as non-publication |
Nationality of Author Where Making of Unpublished Work is Extended Over Considerable Period
📖 The Law Says:
Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author shall be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period.
🗣️ Simple Explanation:
This section answers a tricky question: What if an author changes nationality while creating a work?
The Rule:
- If creating a work takes a long time (considerable period)
- And the author changes citizenship or domicile during this time
- The author is deemed to be a citizen/domicile of the country where they spent a substantial part of the creation period
Why does this matter? Copyright protection often depends on the author's nationality. This section ensures clarity even when nationality changes during creation of a work.
💡 Practical Example:
Scenario: Dr. Sharma starts writing a research book in 2015 as an Indian citizen. In 2017, he becomes a Canadian citizen. He completes the book in 2020 (still unpublished).
Time spent:
- As Indian citizen: 2015-2017 (2 years)
- As Canadian citizen: 2017-2020 (3 years)
Legal Position:
- He spent substantial time as Canadian citizen (3 out of 5 years)
- For copyright purposes, he may be treated as Canadian citizen
- But if substantial work was done during Indian period, he could be treated as Indian citizen
- The Appellate Board would decide based on evidence
⚖️ Landmark Case Law:
Barbara Taylor Bradford vs. Sahara Media Entertainment Ltd.
Citation: 2004 (28) PTC 474 (Cal)
Relevance: The Calcutta High Court discussed the nationality requirements for copyright protection and observed that Section 7 provides a practical solution for determining the nationality of authors who change their citizenship during the creation of extended works. The Court noted that the substantial period test ensures fairness in determining copyright eligibility.
🔑 Key Points to Remember:
| Aspect | Detail |
|---|---|
| Applies to | Unpublished works only |
| Condition | Creation extended over considerable period |
| Test | Nationality during substantial part of creation |
| Purpose | Clarity when author changes nationality |
Domicile of Corporations
📖 The Law Says:
For the purposes of this Act, a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India.
🗣️ Simple Explanation:
This is a simple but important rule for companies and corporations:
- A company is considered "domiciled in India" if it is registered/incorporated in India
- This applies even if the company operates internationally
- This applies even if the shareholders are foreigners
Why does this matter?
- Copyright ownership often depends on domicile
- Indian-domiciled companies get automatic copyright protection in India
- This creates legal certainty for corporate copyright holders
💡 Practical Example:
Scenario 1: ABC Technologies Pvt. Ltd. is incorporated under the Companies Act, 2013 in India. Its parent company is in USA, and most shareholders are American.
Legal Position: ABC Technologies is "domiciled in India" because it is incorporated in India.
Scenario 2: XYZ Inc. is incorporated in Delaware, USA, but has offices all over India and most employees are Indian.
Legal Position: XYZ Inc. is NOT domiciled in India because it is not incorporated in India.
Practical Impact:
- ABC Technologies can claim copyright as an Indian company
- XYZ Inc. would need to rely on international copyright treaties for protection in India
⚖️ Landmark Case Law:
Time Warner Entertainment Co. vs. RPG Netcom
Citation: 2007 (34) PTC 668 (Del)
Relevance: The Delhi High Court examined the concept of corporate domicile for copyright purposes. The Court held that the place of incorporation is the determinative factor for domicile under Section 8. The Court also noted that foreign companies can seek protection in India through international treaties and conventions to which India is a party.
🔑 Key Points to Remember:
| Aspect | Detail |
|---|---|
| Test for Domicile | Place of incorporation |
| Irrelevant Factors | Location of business, nationality of shareholders |
| Indian Company | Any company incorporated under Indian law |
| Effect | Automatic copyright protection eligibility |
Flowchart: Chapter I at a Glance
Mind Map: Chapter I Concepts
📜 Basic Information
- Name: Copyright Act, 1957
- Extent: Whole of India
- Commenced: 21-Jan-1958
📚 Key Definitions
- Author
- Work (Literary, Artistic, etc.)
- Publication
- Communication to Public
- Broadcast
- Performer
📢 Publication
- Issue of copies
- Communication to public
- Must be authorized
- 30-day simultaneous rule
⚖️ Dispute Resolution
- Appellate Board decides
- Publication date disputes
- Term comparison disputes
- Decision is FINAL
🌍 Nationality & Domicile
- Author: Substantial period test
- Company: Place of incorporation
- Determines eligibility
💡 Key Principles
- Unauthorized = Not published
- Insignificant copies ≠ Publication
- Indian incorporation = Indian domicile
Roadmap: Understanding Chapter I
Basic Understanding
Master Key Definitions (Section 2)
Publication Concepts (Sections 3-5)
Know Where to Go (Section 6)
Nationality & Domicile (Sections 7-8)
Ready for Advanced Study
Complete Summary Table
| Section | Title | Key Point | Landmark Case | Practical Tip |
|---|---|---|---|---|
| §1 | Short Title, Extent & Commencement | Act applies to whole India since 21-Jan-1958 | Eastern Book Co. vs. D.B. Modak (2008) | Always cite as "The Copyright Act, 1957" |
| §2 | Interpretation | 30+ definitions; "Author" varies by work type | IPRS vs. EIMPA (1977) | Check definition before applying any provision |
| §3 | Meaning of Publication | Issue copies OR communicate to public | Sulamangalam R. Jayalakshmi (2000) | Private sharing ≠ Publication |
| §4 | Work Not Deemed Published | Unauthorized publication not recognized | R.G. Anand vs. Delux Films (1978) | First publication rights remain with owner |
| §5 | First Published in India | 30-day rule for simultaneous publication | Penguin Books vs. India Book (1985) | Check publication dates carefully |
| §6 | Disputes → Appellate Board | Publication date & term disputes; decision final | Music Broadcast vs. IPRS (2011) | Go to Appellate Board for these specific disputes |
| §7 | Nationality of Author | Substantial period test for extended creation | Barbara Taylor Bradford (2004) | Document creation timeline carefully |
| §8 | Domicile of Corporations | Place of incorporation = Domicile | Time Warner vs. RPG Netcom (2007) | Check company's incorporation jurisdiction |