The document provides a comparative overview of copyright law in India, the UK, and the US. It discusses key aspects such as what works are eligible for copyright protection, how copyright is initially acquired and owned, rights granted to copyright holders, duration of copyright protection, and assignment/transfer of copyright. For each topic, the rules and requirements in each country are outlined and compared. The document aims to highlight the main features and differences between copyright law in these three jurisdictions.

1. Comparative study of the main
features of Copyright Law in India
USA & UK
SANJEEV KUMAR CHASWAL
Advocate & IPR Attorney
PAPER-
PAPER-II Law of Copyright and Related
Rights, Indian Law Institute ©SKC

2. What Is Copyright?
l Copyright is a form of intellectual property
protection granted under Indian law to the
creators of original works of authorship such
as literary works (including computer
programs, tables and compilations including
computer databases which may be expressed
in words, codes, schemes or in any other form,
including a machine readable medium),
dramatic, musical and artistic works,
cinematographic films and sound recordings.

3. l Copyright law protects expressions of ideas rather than the
ideas themselves. Under section 13 of the Copyright Act 1957,
themselves. 1957,
copyright protection is conferred on literary works, dramatic
works, musical works, artistic works, cinematograph films
and sound recording. For example, books, computer programs
recording.
are protected under the Act as literary works.
works.
l Copyright refers to a bundle of exclusive rights vested in the
owner of copyright by virtue of Section 14 of the Act. These
rights can be exercised only by the owner of copyright or by
any other person who is duly licensed in this regard by the
owner of copyright. These rights include the right of
adaptation, right of reproduction, right of publication, right to
make translations, communication to public etc.

4. Comparative history of Copyright
INDIA Copyright law entered India in 1847 through an enactment during the East India
Company's regime. According to the 1847 enactment, the term of copyright was
for the lifetime of the author plus seven years post-mortem. But in no case could
the total term of copyright exceed a period of forty-two years
In 1914, the then Indian legislature enacted a new Copyright Act which merely
extended most portions of the United Kingdom Copyright Act of 1911 to India .
U. K. In England the printers, known as stationers, formed a collective organisation,
known as the Stationers' Company. In the 16th century the Stationers' Company
was given the power to require all lawfully printed books to be entered into its
register.
In 1707 the parliaments of England and Scotland were united and change the
laws in both countries early piece of legislation was the Copyright Act of 1709,
also known as the Statute of Anne, came into force in April 1710 marked a
historic moment in the development of copyright law. As the world's first
copyright statute it granted publishers of a book legal protection of 14 years with
the commencement of the statute and Statute of Anne began to expire in 1731
U.S.A. The British Statute of Anne did not apply to the American colonies, although
some scholars have asserted otherwise. The colonies' economy was
largely agrarian, hence copyright law was not a priority, resulting in only three
private copyright acts being passed in America prior to 1783.
At the Constitutional Convention 1787 both James Madison of Virginia

5. Comparative history of Copyright contd….
contd….
INDIA The 1914 Act was continued with minor adaptations and modifications till
the 1957 Act was brought into force on 24 January 1958 – very shortly after
the attainment of independence.
The Copyright Act, 1957 came into effect from January 1958. This Act has
been amended five times since then, i.e., in 1983, 1984, 1992, 1994 and
1999, with the amendment of 1994 being the most substantial.
U. K. In a case known as Midwinter v. Hamilton (1743–1748), the London
booksellers turned to common law and starting a 30-year period known as
the battle of the booksellers
In 1875 a Royal Commission suggested that the present Acts should be
improved and codified. Copyright Act 1911 This act brought provisions on
copyright into one Act for the first time by revising and repealing most
earlier Acts.
USA The first federal the Copyright Act of 1790 granted copyright for a term of
"fourteen years from the time of recording of the title, with a right of
renewal for another fourteen years, if the author survived to the end of the
first term. The act covered not only books, but also maps and charts. The
Copyright Act of 1790 is copied almost verbatim from the Statute of Anne.
In 1834 the Supreme Court ruled in Wheaton v. Peters, that although the
author of an unpublished work had a common law right to control the first
publication of that work, but did not have right to control reproduction.In
1976 Congress, abolished most state copyrights laws. The federal

6. Eligibility of works for copyright protection
INDIA Indian Copyright law protects expressions of ideas rather than the ideas
themselves. Under section 13 of the Copyright Act 1957, copyright protection is
conferred on original literary works, dramatic works, musical works, artistic
works, cinematograph films and sound recording having form of Originality” – it
should originate from the author – product of independent creation. Fixation” –
should be expressed in a material form. For example, books, computer programs
are protected under the Act, as literary works.
U. K. Copyright subsists in “(a) original literary, dramatic, musical or artistic works, (b)
sound recordings, films or broadcasts, and (c) the typographical arrangement of
published editions.” United Kingdom Copyright, Designs and Patent Act 1988 (as
amended) s.1(1).
“Copyright does not subsist in a literary, dramatic or musical work unless and until
it is recorded, in writing or otherwise; and references in this Part to the time at
which such a work is made are to the time at which it is so recorded.”
United Kingdom Copyright, Designs and Patent Act 1988 (as
U.S.A.
Works must be “original works of authorship” and be “fixed in any tangible
medium of expression.” U.S. Copyright Act, 17 U.S.C. Sec. 102(a).

7. Formalities of copyright
INDIA Acquisition of copyright is automatic and it does not require any formality.
Copyright comes into existence as soon as a work is created and no formality is
required to be completed for acquiring copyright. However, certificate of
registration of copyright and the entries made therein serve as prima facie
evidence in a court of law with reference to dispute relating to ownership of
copyright.
U.K.
There are no formal requirements for copyright protection. However, UK law
imposes a formal requirement to assert the moral right of attribution. United
Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 78.
U.S.A Formalities of copyright notice and registration are not required for protection
with respect to U.S. domestic works published after March 1, 1989. U.S.
Copyright Act, 17 U.S.C. Secs. 401(a), 408(a). Notice was required on works
published before March 1, 1989. U.S. Copyright Act, 17 U.S.C. Sec. 405(a).
Registering the work with the U.S. Copyright Office can give additional benefits
in the event of litigation. U.S. Copyright Act, 17 U.S.C. Sec. 412.

8. Scope of Rights
INDIA To reproduce the work
- To prepare derivative works based upon the work
- To distribute copies of the work to the public
- To perform the work publicly
- To display the copyrighted work publicly, and
- In the case of sound recordings, to perform the work publicly by means of a digital
audio transmission
U.K Fundamental economic rights for most works include:
(1) Right to copy the work.
(2) Right to issue copies of the work to the public.
(3) Right to rent or lend the work to the public.
(4) Right to perform, show, or play the work in public.
(5) Right to communicate the work to the public.
(6) Right to make an adaptation of the work or do any of the above in relation to an
adaptation. United Kingdom Copyright, Designs and Patent Act 1988 (as
amended) s.16(1),17,18,18A,19,20,21.
U.S.A Fundamental economic rights for most works:
(1) Right to reproduce the work in copies.
(2) Right to prepare derivative works.
(3) Right to distribute the work in copies to the public.
(4) Right to perform most types of works publicly.

9. Moral Rights
INDIA The author of a work has the right to claim authorship of the work and to restrain or claim
damages in respect of any distortion, mutilation, modification or other acts in relation to
the said work which is done before the expiration of the term of copyright if such
distortion, mutilation, modification or other act would be prejudicial to his honour or
reputation.
Moral rights are available to the authors even after the economic rights are assigned.
Do the author’s moral rights remain after assignment of copyright?
Yes. The moral rights are independent of the author’s copyright and remains with him
even after assignment of the copyright.
Failure to display a work or to display it to the satisfaction of the author shall not be
deemed to be an infringement of the moral rights of the author.
U.K Moral rights for most works include (subject to some exceptions):
(1) “The author of a copyright literary, dramatic musical or artistic work, and the director
of a copyright film, has the right to be identified as the author or director … .” United
Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 77.
(2) Right to the integrity of the work including the right to object to derogatory treatment.
United Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 80.
(3) Right to privacy of certain photographs and films commissioned for private or
domestic purposes. United Kingdom Copyright, Designs and Patent Act 1988 (as
amended) s. 85. The scope of moral rights is limited to their statutory definitions and
specific exceptions.
USA Certain works of visual arts are eligible for the following moral rights:
(1) Right to attribution to the work.
(2) Right to integrity of the work, including right to prevent intentional destruction. U.S.
Copyright Act, 17 U.S.C. Sec. 106A(a).

10. Initial Ownership
INDIA The provisions of acquiring copyright first owner ship of copyright is defined under
Section 17 of the Copyrights Act, 1957. The owner of the copyright means person
who possess and enjoys the legal right. The definition given to the author in the
context of copyright protection depends on the nature of the work S. 2(z) of the
Copyright Act defines work of joint authorship[4]. Such an issue came before the
court in Najma Heptulla v. Orient longman Ltd.[5] the question before the Court was
whether a person, who gives form to the narration will become the joint author of
the book India Wins freedom’.
U.K First ownership of copyright belongs to the author, except “where a literary,
dramatic, musical or artistic work, or a film, is made by an employee in the course
of his employment,” then the “employer is the first owner of any copyright in the
work,” unless there is an “agreement to the contrary.” United Kingdom Copyright,
Designs and Patent Act 1988 (as amended) s. 11. The law contains several special
ownership provisions for anonymous works, entrepreneurial works (sound
recordings, film, broadcasts and typographical arrangements), and computer
generated literary, dramatic, music, or artistic works. United Kingdom Copyright,
Designs and Patent Act 1988 (as amended) s. 9Works of joint authorship:
The statute merely defines joint authorship. Although the statute is not explicit about
allocating rights, co-authors do hold title jointly. United Kingdom Copyright,
Designs and Patent Act 1988 (as amended) s. 10(1).
U.S.A The author who created an original work is the initial copyright owner.
Works of joint authorship: Copyright in a work of joint authorship is held by all of

11. Work Made for Hire or in the Course of Employment
INDIA In the case of a work made in the course of the author’s employment under a contract of service
or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the
first owner of the copyright therein.
In the case of a literary, dramatic or artistic work made by the author in the course of his
employment by the proprietor of a newspaper, magazine or similar periodical under a contract
of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar
periodical, the proprietor shall be the first owner of the copyright in the work, in the absence of
any agreement to the contrary, , but in all other respects the author shall be the first owner of the
copyright in the work.
U.K “[W]here a literary, dramatic, musical or artistic work is made by an employee in the course
of his employment, his employer is the first owner of any copyright in the work subject to
any agreement to the contrary United Kingdom Copyright, Designs and Patent Act 1988 (as
amended) s. 11
U.S.A Works that are produced by “employees” who create the works “within the scope of
employment” are deemed to be “works made for hire.” U.S. Copyright Act, 17 U.S.C. Sec.
101. The employer is deemed to be the “author” and owner of the copyright to works made
for hire. Employer and employee may agree in writing, signed by both parties, that the rights
to any works made for hire will belong to the employee instead of the employer.
U.S. Copyright Act, 17 U.S.C. Sec. 201(b). Some works created by independent contractors,
as opposed to employees, may be treated as works made for hire, but only specified types of
works, and only if the parties agree in a signed written instrument. U.S. Copyright Act, 17
U.S.C. Sec. 101

12. Assignment or transfer of copyright
INDI The owner of the copyright in an existing work or the prospective owner of the copyright in a
A future work may assign to any person the copyright, either wholly or partially and either
generally or subject to limitations and either for the whole term of the copyright or any part
thereof.
However, in the case of the assignment of copyright in any future work, the assignment shall
take effect only when the work comes into existence. Where the assignee of a copyright
becomes entitled to any right comprised in the copyright, the assignee as respects the rights so
assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes
of this Act, as the owner of copyright and the provisions of this Act shall have effect
accordingly.
The expression "assignee" as respects the assignment of the copyright in any future work
includes the legal representatives of the assignee, if the assignee dies before the work comes
into existence.
U.K “Copyright is transmissible by assignment, by testamentary disposition or by operation of law,
as personal or movable property” in whole or in part.
United Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 90.
For a valid assignment it must be in writing and signed by the assignor.
United Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 90(3).
Excusive licenses must be writing and signed by the copyright owner.
United Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 92.
Statutory moral rights are not assignable. United Kingdom Copyright, Designs and Patent Act
1988 (as amended) s. 94.
U.S.A Copyright, or any of the owner’s exclusive rights, or any portion thereof, may be transferred to
any other party. U.S. Copyright Act, 17 U.S.C. Sec. 201(d). A valid transfer, other than by
operation of law, must be in a written instrument and be signed by the copyright owner who
makes the transfer. U.S. Copyright Act, 17 U.S.C. Sec. 204(a). Exclusive licenses must also be

13. Duration of Copyright
INDIA The duration granted for works of copyright varies depending on the type of work.
Literary or musical works or artistic works, other than photographs, have a life span,
which extends for the life of the author and 60 years from the end of the year in
which the author dies. However, if the work has not been published, performed, or
offered for sale or broadcast during the life of the author, the copyright protection
shall continue for a period of 60 years from the end of the year in which any of
these acts are done relating to the work.
U.K Generally, for literary, dramatic, musical or artistic works copyright lasts for the life
of the author plus 70 years. However, in the case of computer generated literary,
dramatic, musical, or artistic works copyright expires at the end of 50 years from the
end of the calendar year in which the work was made. United Kingdom Copyright,
Designs and Patent Act 1988 (as amended) s.12. Sound Recordings: Copyright
expires at the end of the period of 50 years from the end of the calendar year in
which the recording was made. If published, or made available to the public by
being played in public or communicated to the public during that period, 50 years
from the end of the calendar year in which it is first published.
U.S.A For most works created on or after January 1, 1978: Copyright
lasts for the life of the author, plus 70 years. U.S. Copyright Act, 17 U.S.C. Sec.
302(a). Works of joint authorship: Jointly held works created after January 1, 1978:
Copyright lasts for the life of the last of the joint authors to die, plus 70 years.
U.S. Copyright Act, 17 U.S.C. Sec. 302(b). In the case of works made for hire
created on or after January 1, 1978: Copyright lasts for either 95 years from
publication, or 120 years from creation, whichever term expires first. U.S.

14. Duration of Copyright Contd……
Contd……
INDIA Cinematograph films, photographs and computer programs are protected for 60 years from
the end of the year in which the work is made available to the public with the consent of the
owner of the copyright or published, or, failing such an event, for 60 years from the end of
the year in which the work is made. Sound recordings are protected for 60 years from the
end of the year in which the recording is first published.
In the case of anonymous or pseudonymous works, the copyright is for 60 years from the
end of the year in which the work is made available to the public with the consent of the
owner of the copyright or from the end of the year in which it is reasonable to presume that
the author died, which ever term is shorter.
U.K United Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 13(a).
Crown Copyright: Copyright in a literary, dramatic, musical, or artistic work subsists until
125 years from the end of the calendar year in which the work was made, or if published
commercially within the first 75 years of the 125 year term then the copyright lasts 50 years
from when it was first published. United Kingdom Copyright, Designs and Patent Act 1988
(as amended) s. 163. Parliamentary Copyright: Parliamentary copyright applies where a
work is made by or under the direction or control of the House of Commons or House of
Lords and qualifies for copyright protection. The duration of parliamentary copyright in a
literary, dramatic, musical, or artistic work lasts 50 years from the end of the
calendar year in which the work was made. United Kingdom Copyright, Design and Patent
Act 1988 (as amended) s. 165
U.S.A U.S. Copyright Act, 17 U.S.C. Sec. 304(a). Works created before 1978, but not published:
Copyright lasts generally for the life of the author, plus 70 years.
U.S. Copyright Act, 17 U.S.C. Sec. 303(a). Term of protection for early works may be
shorter, due to failure to comply with formalities. Special “restoration” rules may apply to

15. Status of government works
INDIA In the case of a government work, government shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein.
U.K Crown copyright is given where a work is made by an officer or servant of the
Crown in the course of his or her duties. United Kingdom Copyright, Designs
and Patent Act 1988 (as amended) s. 163,164.
U.S.A Works produced by employees of the United States government, in the
performance of their official duties, are not eligible for copyright protection.
U.S. Copyright Act, 17 U.S.C. Secs. 101, 105.

16. Status of works funded by governments
INDIA
In the case of a work made or first published by or under the direction or control of
any public undertaking, such public undertaking shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein.
U.K The government will only acquire the copyright by assignment from the
copyright holder. See HMSO Guidance Note No. 5 (31 August 1999 rev 6
November 2000) Copyright in Works Commissioned by the Crown
http://www.hmso.gov.uk/copyright/guidance/gn _05.htm
U.S.A Government funding to support creation of a copyrighted work does itself not
affect the copyright status of the work. Some government agencies may define
copyright status or rights as a contractual condition for the receipt of funding.
Similar to the issue of government funding. Note that funding for a project does
not produce an “employment” situation, leading to the creation of “works made
for hire.”

17. Fair Use or Fair Dealing
INDIA The statutory framework for fair dealing in India follows the common law and, as
noted earlier, does not define fair dealing per se. The legal provision for fair
dealing provides that: According to Section 52 of the Copyright Act 1957 The
following acts shall not constitute an infringement of copyright, namely: (a) a fair
dealing with a literary, dramatic, musical or artistic work for the purposes of —(i)
research or private study; (ii) criticism or review, whether of that work or of any
other work; (b) a fair dealing with a literary, dramatic, musical or artistic work for
the purpose of reporting current events —(i) in a newspaper, magazine or similar
periodical or (ii) by broadcast or in a cinematograph film or by means of
photographs.
U.K “Fair dealing” in a copyrighted work is a major exception to copyright in UK
law and is a term used to describe acts which are permitted to a certain degree.
These uses include (among others):
(1) Making of incidental transient or temporary copies. United Kingdom
Copyright, Designs and Patent Act 1988 (as amended) s. 28A.
(2) Private and research study purposes. United Kingdom Copyright, Designs
and Patent Act 1988 (as amended) s. 29.
U.S.A The fair use of a copyrighted work is not an infringement. Fair use can involve
reproduction or any other uses that might otherwise be infringement.
Determination of fair use is based on a balanced application of these four factors:
(1) The purpose or character of the use. (2) The nature of the work being used.

18. Use or Fair Dealing Contd……
Contd……
INDIA The publication of a compilation of addresses or speeches delivered in public is
not a fair dealing of such work within the meaning of this clause. Thus, Indian
law allows fair dealing as a defense for specific acts that would not be deemed
as infringement for the four specified categories of copyrighted works (viz.
literary, dramatic, musical and artistic works).
U.K (3) Performance, coping or lending for educational purposes. United Kingdom
Copyright, Designs and Patent Act 1988 (as amended) s. 29. (4) Criticism and
news reporting. United Kingdom Copyright, Designs and Patent Act 1988 (as
amended) s. 30. (5) Incidental inclusion of copyrighted material. United
Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 31
U.S.A U.S. Copyright Act, 17 U.S.C. Sec. 107. Fair use sometimes sanctions: common
quoting; limited photocopying; creative or “transformative” uses of copyrighted
works; uses that do not interfere with realistic markets for the original work

19. Other specific exceptions to infringement
INDIA Statutory Exceptions The Act has a long list of actions that are not to be regarded as
infringement of copyright:
• a fair dealing with a literary, dramatic, musical or artistic work for private use
including research,
and for criticism or review; •
in the case of a computer programme,
making copies or adaptation by the lawful possessions of a copy of the programme for
the original or back up purposes;
U.K The Act includes numerous exceptions to copyright, which are narrowly crafted and
apply under specified circumstances and specifically defined activities.
Some examples:
(1) Copies of literary, dramatic, musical, or artistic works if done in the course of
instruction or of preparation for instruction if prepared by the one giving the
instruction and accompanied by sufficient acknowledgement. United Kingdom
Copyright, Designs and Patent Act 1988 (as amended) s. 32(1).
U.S.A The U.S. Copyright Act includes numerous additional exceptions, but they are
usually narrowly crafted and apply only under specified circumstances, to narrow
classes of works, and for specifically defined activities. Some examples:
(1) Copying of some works in libraries for preservation, giving copies to researchers,
and sending copies through interlibrary loan. U.S. Copyright Act, 17 U.S.C. Sec. 108.

20. Other specific exceptions to infringement
INDIA or for understanding its underlying principles and ideas,
or for non- commercial personal use; •
a fair dealing of the work for reporting current events in newspaper or a periodical,
or in a broadcast or a film or by means of a photograph.
(The publication of a compilation of addresses or speeches delivered in public is not
a fair dealing);
reproduction for the purpose of a judicial proceeding or a report of judicial
proceedings; or
U.K The Act includes numerous exceptions to copyright, which are narrowly crafted
and apply under specified circumstances and specifically defined activities.
Some examples:
(2) The librarian of a prescribed library may, under the prescribed conditions,
make and supply from a published edition a copy of part of a literary, dramatic, or
musical work.
U.S.A The U.S. Copyright Act includes numerous additional exceptions, but they are
usually narrowly crafted and apply only under specified circumstances, to narrow
classes of works, and for specifically defined activities. Some examples:
(2) Selling, lending, renting, or otherwise transferring possession of “lawfully
made” copies. U.S. Copyright Act, 17 U.S.C. Sec. 109(a).
(3) Displaying works publicly at the location where the works are located, such
as paintings in a museum or books in a library

21. Other specific exceptions to infringement
Contd…..
Contd…..
INDIA reproduction in a work prepared by the secretariat of a legislature
exclusively for the use of members of the legislature; or
reading or reciting in public extracts from a published literary or dramatic work;
publication of short passages in a collection for use in educational institutions. Not
more than two such passages from works by the same author can be taken. or
reproduction by a teacher or a pupil in the course of instruction,
or as a part of questions for examination or in answers to such questions;
U.K (other than an article in a periodical) without infringing copyright in the work, in
any illustrations accompanying the work or in the typographical arrangement.
United Kingdom Copyright, Designs and Patent Act 1988 (as amended) s. 39.
(3) The librarian of a prescribed library may, under the prescribed conditions,
make and supply a copy of an article in a periodical if used for research for a
non-commercial purpose or private study. United Kingdom Copyright, Designs
and Patent Act 1988 (as amended) s. 38.
U.S.A .The display may be direct, or may be by projection of not more than one image
at a time. U.S. Copyright Act, 17 U.S.C. Sec. 109(c).
(4) Displaying or performing works in classrooms at nonprofit educational
institutions. U.S. Copyright Act, 17 U.S.C. Sec. 110(1).
(5) Displaying or performing works in the context of distance education, but
subject to elaborate requirements and restrictions. U.S. Copyright Act, 17 U.S.C.
Sec. 110(2). (6) Making copies of some works in special formats for persons
who are blind or have other disabilities. U.S. Copyright Act, 17 U.S.C. Sec. 121.

22. THANK YOU FOR YOUR
ATTENTION !
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