WHAT IS A COPYRIGHT?

 A copyright is basically protection granted to the author for their work, literature, drama, or Musical Work. The protection is granted as a right to enjoy certain benefits prescribed under the Copyright Act, 1957 for their creativity and originality in their work.

Hence, under Section 14 of the Copyright Act, the copyright is an exclusive right to do or authorize the doing of below mentioned following acts:

•  Literature, Dramatic and Musical Work, not being a computer program.
• To reproduce the work in any material form including the storing of it in any medium by electronic means;
• To issue copies of work to the public not being copies already in circulation;
• To perform their work in public, or communicate it to the public;
• To make any cinematograph film or sound recording with respect to the work;
• To make any translation of the work;
• To make any adaptation of the work;
• To do, in relation to a translation or an adaptation of the work, any of the acts specified above  in the case of a computer programme on aforesaid Work:
• To do any of the acts specified above.
• To sell or give on commercial rental or offer for sale or commercial rental any copy of the computer programmer:

In the case of an artistic work,--

• To reproduce the work in any material form including--

The storing of it in any medium by electronic or other means; or depiction in three-dimensions of a two-dimensional work; or depiction in two-dimensions of a three-dimensional work;

·        In the case of a cinematograph film--

• To make a copy of the film, including--

• A photograph of any image forming part or storing it in any medium by electronic or other means.
• To sell or give on commercial rental or offer for sale or such rental, any copy of the film.
• To communicate the film to the public;

·        In the case of a sound recording--

• To make any other sound recording embodying it [including storing of it in any medium by electronic or other means];
• To sell or give on commercial rental or offer for sale or such rental, any copy of the sound recording;
• To communicate the sound recording to the public.

Judgement

Common Property is not subject to Copyright.

The Hon’ble Bombay High Court in the matter of Indian Express Newspapers vs Jagmohan Mundhara And Anr AIR 1985 Bom 229 held that Common Property is not a subject matter of Copyright. The Hon’ble Court further held that there is a distinction between the materials upon which one claiming copyright has worked and the product of his skill, judgment, labour and literary talent to these materials. Ideas, information, natural phenomena and events on which an author expends his skill, labour, capital, judgment and literary talent are common property and are not the subject of copyright.

Therefore, the court laid down that can be no copywriting in an idea, subject matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner, arrangement and expression of the idea by the author of the copyrighted work.

PERFORMANCE OF AN ACTOR IS NOT SUBJECT MATTER OF COPYRIGHT

The Hon’ble High Court of Bombay in the matter of Fortune Films International vs Dev Anand and Anr. AIR 1979 Bom 17 has laid down the Settled principle of law, that the whole cinematograph film, enjoys the protection under Copyright Act, not the individual’s performance.  The Hon’ble High Court held that definition only protects the film, as well as the soundtrack which is used in the film (i. e. the visual sequence). The copyright in the entire film, may cover portions of the film in the sense that the owner of the copyright will be entitled to the right in portions of the film. Still, this idea or concept cannot be extended to encompass a belief that there would be one owner of the cinematograph film and different owners of portions thereof in the sense of performers who have collectively played roles in the motion picture.

About The Author:

Adv. Bharat Kishan Sharma is a practicing lawyer at All Court of Delhi, NCR, with 10+ years of experience. He is a consultant and practices in the area of Criminal Cases, Contract Cases, Consumer Protection Cases, Marriage and Divorce Cases, Money Recovery Cases, Cheque Dishonour Case, etc. He is a passionate Counsel providing services in Litigation, Legal Compliance/Advisory to his clients in diverse areas of law.