📘 SECTION 13

Works in Which Copyright Subsists

🎯 What Does This Section Mean?

Section 13 is the gateway section of the Copyright Act. It tells us which types of creative works can get copyright protection in India. Think of it like a membership club – only certain types of works are allowed to join and get protection.

📌 Key Points Explained

1. Types of Protected Works [Section 13(1)]

Copyright protection is available for three main categories:

A.
Original Literary, Dramatic, Musical and Artistic Works

These are called "primary works" or "original works." The word "original" is crucial – the work must be created by the author's own skill and labor, not copied from somewhere else.

Examples:
  • Literary Works: Books, novels, articles, computer programs, databases
  • Dramatic Works: Plays, scripts, choreography
  • Musical Works: Compositions, tunes (not lyrics – those are literary)
  • Artistic Works: Paintings, photographs, sculptures, maps, drawings
B.
Cinematograph Films

Any work of visual recording along with sound recording. This includes movies, documentaries, video films, and any content produced by cinematography.

C.
Sound Recordings

Any recording of sounds from which sounds can be reproduced, regardless of the medium used (CD, digital files, vinyl records, etc.).

2. Citizenship/Domicile Requirements [Section 13(2)]

For copyright to exist, certain conditions must be met:

Type of Work Condition Required
Published Work First published in India OR author is/was Indian citizen at publication/death
Unpublished Work (except architecture) Author must be Indian citizen OR domiciled in India when creating the work
Work of Architecture The building/structure must be located in India
3. No Copyright in Infringing Works [Section 13(3)]

Copyright will NOT exist in:

  • A cinematograph film if substantial part infringes copyright of another work
  • A sound recording if making it infringed copyright of the underlying work
In Simple Words: You cannot get copyright protection for a work that itself violates someone else's copyright. A pirated copy cannot claim copyright!
4. Separate Copyrights [Section 13(4)]

Copyright in a film or sound recording does NOT affect the separate copyright in the underlying works.

Example: A movie may have its own copyright, but the songs, script, and music in that movie have their own separate copyrights owned by their respective creators.
5. Architecture Copyright Limitation [Section 13(5)]

For architectural works, copyright only protects the artistic character and design, NOT the construction methods or processes.

⚖️ Landmark Case Law

Eastern Book Company v. D.B. Modak (2008) 1 SCC 1

Supreme Court of India

Facts: Eastern Book Company claimed copyright over its copy-edited judgments of the Supreme Court which included headnotes, paragraphing, and editorial inputs.
Held: The Supreme Court ruled that while judicial decisions themselves are in the public domain and cannot be copyrighted, the editorial inputs such as headnotes, paragraph numbers, and formatting added by the publisher have a "modicum of creativity" and thus qualify for copyright protection under Section 13.
Significance: This case established that for copyright to subsist under Section 13, the work must have some degree of originality – the "skill and judgment" standard. It clarified that mere copying or transcription does not attract copyright.

📗 SECTION 14

Meaning of Copyright

🎯 What Does This Section Mean?

Section 14 defines what "copyright" actually means. It's a bundle of exclusive rights given to the creator. Think of it as a toolkit of powers that only the copyright owner can use – or allow others to use.

📌 Exclusive Rights for Different Works

A. Literary, Dramatic and Musical Works (Non-Computer Programs)

The copyright owner has exclusive right to:

i.
Reproduce

Make copies in any material form, including electronic storage

ii.
Issue Copies

Distribute new copies to public (not copies already in circulation)

iii.
Perform/Communicate

Perform work publicly or communicate to public

iv.
Make Films/Recordings

Create cinematograph films or sound recordings

v.
Translate

Convert work into another language

vi.
Adapt

Create adaptations of the work

B. Computer Programs

All rights mentioned above PLUS:

  • Right to sell or give on commercial rental
  • Right to offer for sale or commercial rental any copy
Note: Commercial rental does not apply when computer is not the essential object of rental (like renting a car with GPS software).
C. Artistic Works

The copyright owner has exclusive right to:

  • Reproduce the work in any material form
  • Communicate the work to the public
  • Issue copies to the public
  • Include the work in any cinematograph film
  • Make any adaptation of the work
Special Rule for 2D/3D: Reproduction includes making a 3D work from 2D (e.g., sculpture from drawing) and vice versa.
D. Cinematograph Films

The copyright owner has exclusive right to:

  • Make a copy of the film (includes photographs)
  • Sell or give on hire any copy of the film
  • Communicate the film to the public
E. Sound Recordings

The copyright owner has exclusive right to:

  • Make any other sound recording embodying it
  • Sell or give on hire any copy of the sound recording
  • Communicate the sound recording to the public

💡 Understanding "Exclusive Right"

The term "exclusive right" means ONLY the copyright owner can do these acts. If anyone else wants to do them, they MUST get permission (license) from the owner. Doing these acts without permission = Copyright Infringement.

⚖️ Landmark Case Law

Super Cassettes Industries Ltd. v. Myspace Inc. (2016) 236 DLT 478

Delhi High Court

Facts: Super Cassettes (T-Series) sued Myspace for allowing users to upload copyrighted songs and videos without authorization. The question was whether Myspace violated the exclusive right to "communicate to the public" under Section 14.
Held: The Delhi High Court held that allowing users to upload copyrighted content and making it available to the public constitutes infringement of the exclusive right to communicate the work to the public under Section 14. The platform was held liable for facilitating infringement.
Significance: This case expanded the understanding of "communication to public" in the digital age and established that online platforms can be held liable for copyright infringement when they facilitate unauthorized sharing of copyrighted content.

📙 SECTION 15

Special Provision Regarding Copyright in Designs

🎯 What Does This Section Mean?

Section 15 creates a boundary between Copyright Law and Design Law. It prevents double protection – if you register a design under the Designs Act, you cannot also claim copyright for the same design. This section acts as a bridge connecting two different intellectual property regimes.

📌 Key Rules Explained

Rule 1: Registered Designs [Section 15(1)]

Copyright shall NOT subsist in any design that is registered under the Designs Act, 2000.

In Simple Words: Once you register your design under the Designs Act, you lose copyright protection under the Copyright Act. You must choose one or the other!
Rule 2: Unregistered but Registrable Designs [Section 15(2)]

If a design is capable of being registered under the Designs Act but is NOT registered:

  • Copyright exists initially
  • BUT it ceases (ends) as soon as the design is applied to articles reproduced more than 50 times by industrial process
The "50 Articles" Rule:

Copyright survives until the 50th reproduction. The moment the 51st article is produced by industrial process, copyright protection is lost forever!

Understanding the Distinction
Situation Copyright Status Design Protection
Pure artistic work (painting on canvas) ✅ Full copyright protection Not applicable
Design registered under Designs Act ❌ No copyright ✅ Design protection
Unregistered design, <50 articles made ✅ Copyright exists Can still register
Unregistered design, >50 articles made ❌ Copyright ceased ❌ Cannot register now
Practical Example

Scenario: Priya creates a beautiful artistic pattern for a saree.

  • Stage 1: Pattern created → Copyright protection exists under Copyright Act
  • Stage 2: Priya makes 30 sarees with this pattern → Copyright still exists
  • Stage 3: Priya makes 25 more sarees (total 55) → Copyright CEASES!
  • Result: Priya has no protection under Copyright Act or Designs Act (since she never registered)

Lesson: If planning industrial production, register under Designs Act first!

⚖️ Landmark Case Law

Microfibres Inc. v. Girdhar & Co. (2009) 40 PTC 519 (Del)

Delhi High Court

Facts: Microfibres Inc., a US company, created original fabric designs and sued Girdhar & Co. for copying their designs without permission. The designs were applied to upholstery fabrics that were commercially produced and sold.
Held: The Delhi High Court clarified the interplay between Section 15 of the Copyright Act and the Designs Act. It held that:
  • Original artistic work can be protected under Copyright Act
  • When such work is applied to articles by industrial process beyond 50 times, copyright ceases under Section 15(2)
  • The work must be "capable of being registered" as a design for Section 15(2) to apply
Significance: This landmark judgment established clear guidelines for distinguishing between copyright protection and design protection, clarifying when copyright ceases to exist for designs used in industrial applications.

📕 SECTION 16

No Copyright Except as Provided in This Act

🎯 What Does This Section Mean?

Section 16 is the "one source" rule. It declares that copyright in India can ONLY be claimed under this Act or other specific laws in force. You cannot create your own copyright outside the legal framework. This ensures uniformity and prevents people from claiming imaginary rights.

📌 Key Principles

1. Statutory Right Only

Copyright is a creature of statute. It exists only because the law says it exists. No person can claim copyright protection outside what the Copyright Act provides.

In Simple Words: You can't make up your own copyright rules. The Copyright Act is the only rulebook!
2. What This Section Covers
  • Applies to ALL works – published or unpublished
  • Prevents claims of "common law copyright"
  • Ensures uniformity in copyright protection across India
3. The Important Exception

This section does NOT abrogate (cancel) rights related to:

Breach of Trust or Confidence

If someone shares your confidential information or breaks your trust, you can still take legal action – even if copyright doesn't apply!

Example: Ravi shares a confidential business idea with his friend Amit under a confidentiality agreement. Amit then uses that idea without permission. Even if the idea isn't copyrightable, Ravi can sue Amit for breach of confidence.
4. Practical Implications
✅ What You CAN Claim
  • Copyright under this Act
  • Rights under other IP laws (Patents, Trademarks, Designs)
  • Breach of confidence claims
  • Contract-based protections
❌ What You CANNOT Claim
  • Common law copyright
  • Customary copyright
  • Self-declared copyright rules
  • Copyright in works not covered by Section 13

⚖️ Landmark Case Law

R.G. Anand v. Delux Films AIR 1978 SC 1613

Supreme Court of India

Facts: R.G. Anand, playwright of "Hum Hindustani," claimed that the film "New Delhi" (1956) was copied from his play. He argued that even though he didn't register copyright, he was entitled to protection.
Held: The Supreme Court, while explaining Section 16, held that:
  • Copyright protection is available only under the statute
  • Ideas, themes, or concepts are not copyrightable – only their expression is
  • There was no substantial copying as only the general theme of national integration was similar
  • The Court laid down the principle that there must be "substantial and material" copying for infringement
Significance: This landmark case established that copyright protection in India is purely statutory (as per Section 16), and mere similarity in idea or theme does not constitute infringement – it's the expression that matters.

📋 CHAPTER III - COMPREHENSIVE SUMMARY TABLE

Section Title Main Purpose Key Points Landmark Case
13 Works in which Copyright Subsists Identifies what CAN be copyrighted • Literary, Dramatic, Musical, Artistic works
• Cinematograph Films
• Sound Recordings
• Citizenship/Domicile requirements 		Eastern Book Co. v. D.B. Modak (2008)
14 Meaning of Copyright Defines what COPYRIGHT means • Bundle of exclusive rights
• Reproduce, Distribute, Perform
• Translate, Adapt, Communicate
• Different rights for different works 		Super Cassettes v. Myspace (2016)
15 Copyright in Designs Bridge between Copyright & Design Law • No copyright in registered designs
• 50-article rule for unregistered designs
• Prevents double protection 		Microfibres v. Girdhar (2009)
16 No Copyright Except as Provided Makes copyright statutory only • No common law copyright
• Rights only under this Act
• Exception: Breach of confidence 		R.G. Anand v. Delux Films (1978)

📊 CHAPTER III - FLOWCHART

Understanding the Flow of Copyright Protection

START

Is There a Creative Work?

SECTION 13

Is it Literary, Dramatic, Musical, Artistic, Film, or Sound Recording?

NO

No Copyright Protection Available

YES
SECTION 13(2)

Does it meet Citizenship/Domicile/Location requirements?

NO

Check International Copyright (Sections 40-41)

YES
SECTION 15

Is it a Design registrable under Designs Act?

REGISTERED

No Copyright (Protected under Designs Act)

NOT A DESIGN
UNREGISTERED >50 Articles

Copyright Ceased

SECTION 14

COPYRIGHT SUBSISTS! Owner gets exclusive rights to:

  • Reproduce
  • Distribute
  • Perform/Communicate
  • Translate/Adapt
SECTION 16

These rights exist ONLY under this Act (Statutory Protection)

🧠 CHAPTER III - MIND MAP

Visual Overview of Key Concepts

CHAPTER III

COPYRIGHT

Sections 13-16

Section 13

Subject Matter

Literary Works
Dramatic Works
Musical Works
Artistic Works
Films
Sound Recordings

Section 14

Exclusive Rights

Reproduction
Distribution
Communication
Translation
Adaptation

Section 15

Design Interface

Registered Designs = No Copyright
50+ Articles = Copyright Ceased

Section 16

Statutory Right

Only Under This Act
No Common Law Copyright
Breach of Confidence Saved

🗺️ COPYRIGHT ACT CHAPTER III - ROADMAP

Step-by-Step Journey Through Chapter III

1

SECTION 13

Foundation
What Can Be Protected?
📚

Primary Works: Literary, Dramatic, Musical, Artistic

🎬

Secondary Works: Films, Sound Recordings

🌍

Requirements: Citizenship/Domicile/Location in India

Key Case: Eastern Book Co. v. D.B. Modak
2

SECTION 14

Core Rights
What Rights Do You Get?
Reproduce
Distribute
Perform
Communicate
Translate
Adapt

These are EXCLUSIVE rights – only the owner can exercise them!

Key Case: Super Cassettes v. Myspace Inc.
3

SECTION 15

Special Rule
Design vs Copyright
Registered Design No Copyright
Unregistered + >50 Articles Copyright Ceased
Pure Artistic Work Full Copyright
Key Case: Microfibres v. Girdhar & Co.
4

SECTION 16

Final Rule
Copyright is Statutory Only
✓

Rights ONLY under this Act

✗

No common law copyright

★

Exception: Breach of Confidence actions preserved

Key Case: R.G. Anand v. Delux Films
🎯

CHAPTER III COMPLETE!

You now understand the foundation of Copyright in India

Next: Chapter IV - Ownership of Copyright