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The Copyright Act,1957 serves as the protective shield in India, for those who create original work using their artistic, literary or other skills. Here in this blog, we are discussing the Copyright law of India - Purpose and its Salient Features. 

What is the primary purpose of copyright law in India?

Any law is enacted to protect certain rights and to regulate certain acts or omissions. The purpose of Copyright Law of India is to protect the rights associated with original works which may be literary, dramatic, musical and artistic works and cinematograph films and sound recordings, from unauthorised use. Copyright Act, 1957 protects artistic expression by authors and creators of intellectual property in various forms, which could be in the form of a book, painting, a song, etc.  

From another lens considering the copyright law in India, the purpose may be to encourage confidence among creators of original works. Because if someone is making efforts to bring original works through expression, and someone else copies it without authorisation to make financial gains, such original creator will not be willing to unveil and bring his/her work before the world. Thus, we can say that the purpose of the Copyright Act, 1957 is to ensure public access to original works by inducing confidence among creators. This in turn brings hope for art and education. 

• The Copyright law in India is primarily enacted through the Copyright Act, 1957, which has undergone several amendments so far. 

• It protects original literary, dramatic, musical, or artistic works, their adaptation into cinematograph films, and sound recordings. Those may include paintings, sculptures, books, musical composition, photographs, softwares, etc.

• Unlike other intellectual property rights, copyright protection is begotten automatically once the work is created. Thus, there is no mandate for registration under the Copyright Act, 1957. However, in case of legal disputes, copyright registration may help as an evidence unless the same can be countered with other evidence. 

• The major among salient features of Copyright Law of India is the express provision of terms of copyright protection based on the nature of work. 

• The Act also lays provision for transferring the copyright protection from the creator to another through licensing and assignment.

• It also lays special provisions for Broadcasting Organisations and Performer Rights.

• Making softwares require specific knowledge, and once available, they can be shared in a nick of time through online media. Therefore, the salient features of the Copyright Act, 1957 need highlighting the provisions for software protection, allowing licensing and renting as well. 

• Since the Copyright law of India purpose discusses protection of creator rights, it also lays the punishment for copyright infringement.

• Upholding the Copyright Act purpose, provisions like search and seizure allow the investigating authorities to come in action for protection against copyright infringement.  

• The Civil and Criminal Procedure/remedies for copyright infringement has been provided under the Act. Since copyright matters are sensitive, the Copyright law of India also provides for interim protection like injunction to prevent further misuse/exploitation of copyrighted material. In addition, there are provisions for damages against the losses incurred due to such infringement of rights. 

Conclusion