International copyright under Copyright Act
The Legal Lock
Copyright is regulated by the Copyright Act of 1957 in India and the Copyright Rules of 2013, and the International Copyright Order 1999. The Copyright Act of 1957 is the primary Act regarding Copyright, whereas the Copyright Rules of 2013 moreover the International Copyright Order of 1999 are supplementary laws.
The copyright act of 1957: -
As the Act own deals by international copyright under Chapter IX, the terms ‘international copyright’ are nowhere defined in this Act. Even so, section 2(l) of the Act defines ‘Indian work’ as a literary, dramatic, or musical work where:-
(i) Author of which is a citizen of India
(ii) Which is first published in India,
(Iii) author of which, in the case of an unpublished work is, at the period of the creating of the book, a citizen of India
Therefore presume that works other than Indian Works fall under the grouping of Foreign Works. Moreover, the significance of ‘Foreign Work’ can be culled starting section 40 of this Act.
Accordingly, chapter IX deals with International Copyright under sections 40 to 43. These Acts treats the Foreign Works of the countries stated in the International Copyright Order, 1999 as if they were Indian Works, and giving the Central Government power to restrict the rights of foreign authors under certain circumstances.
Section 40 – power to extend copyright to foreign works
In this section, the provision of the Copyright Act enables the Central Government to expand copyright to foreign works through publishing an Order in the Official Gazette. An important aspect of this provision is to merely the countries mentioned in the Order, which is The International Copyright Order, 1999, can be accorded copyright in India.
The “territories outside India” mentioned in subsections of this section must be incorporated in the International Copyright Order of 1999. Thus countries which do not find their names in the International Copyright Order, 1999 cannot maintain copyright for their works in India. The Central Government can expand any or every part of provisions of the Copyright Act to the works falling under the subsequent categories, so treating them in manners as if they were Indian workings.
(a) Works published in any territory outside India to be treated in a manner while if they were first published in India
(b) Unpublished works whose authors at the time of assembly the work were subjects or citizens of a foreign country to be treated in a manner while if the authors were Indian citizens.
(c) With respect to the domicile of an author in any territory outside India, the Copyright Act will be valid to him as if his domicile were in India
(d) Any work whose author at the date of the first publication of the work was a subject or citizen of a foreign country, or who was dead at the time of the first publication and a subject or citizen of a foreign country, the Copyright Act will relate to him as if he were an Indian citizen at that date or time.
Proviso to section 40 of the copyright act of 1957:-
though, the provision to this section dictates that by adding a country (other than those countries with which India has entered into a Treaty or which is a party to a Convention to which India is a party too) to the International Copyright Order, 1999 or any other Order made under this section, the Central Government should create certain that the concerned country has made or undertaken to create provisions used for the protection, in that country, of the works permitted to copyright under the provisions in the Copyright Act of 1957, in other words, the concerned foreign country should concurrence protection to works of Indian authors.
The expression of copyright protection in India shall not surpass the expression of protection accorded in the country of source of the foreign work. And, the expression of protection accorded by the foreign country should not exceed the term of protection accorded by India.
The enjoyment of the rights accorded by the Copyright Act of 1957 shall be subject to the fulfillment of the formalities and conditions arranged by the International Copyright Order 1999. Moreover, the International Copyright Order may give that the whole of the Copyright Act, 1957 or any part of it shall not relate to foreign works made before the origination of the Order or the Copyright Act; or to works first published prior to the commencement of the Order.
Section 40a – application of chapter viii to broadcasting organizations and performers
In this section, the provision empowers the Central Government to extend the rights under Chapter VIII to broadcasts and performances of foreign countries if it is fulfilled that such country has made or agree to to create the required provisions for the protection of rights in that country, as it is obtainable in India under the Copyright Act of 1957. The Central Government can extend the rights of Broadcasting Organizations conferred under Chapter VIII of the Copyright Act, 1957
(a) To Broadcasting organizations whose headquarters is located in a country which is included in the International Copyright Order, 1999 or the broadcast was transmitted from a transmitter situated in a country included in the Order, as if the headquarters of such organization were located in India or such broadcast was transmitted from a transmitter located in India
(b) To performances that took place in a territory outside India in a manner as if they took place in India
(c) To performances that are incorporated in a sound recording that was published in a country incorporated in the Order as if it were published in India
(d) To performances not everlasting on a sound recording broadcast via a broadcasting organization whose headquarters is located in a country which is integrated in the Order while if the headquarters were located in India otherwise where the broadcast is transmitted as of a transmitter situated in a country which is included in the Order as if such broadcast was transmitted from India
This section as well empowers the International Copyright Order to relate Chapter VIII either wholly or in part to the foreign broadcasts or performances; to normally or to classes of broadcasts or performances. The expression of the rights of the broadcast organizations and performers in India should not, though, exceed the term of rights accorded through the country of origin of the foreign work, provided it does not exceed the phase given in the Copyright Act of 1957. The enjoyment of the rights under Chapter VIII shall be subject matter to the fulfillment of the formalities and conditions specified in the Order. Chapter VIII does not extend to any performances or broadcasts made earlier than the commencement of the Order.
Section 41 – existence of copyright throughout India
In this section, copyright in a foreign work would survive all through India where:-
(a) A foreign work is made or first published by or under the direction or organize by any organization amid
(b) There is no copyright in the work in India at the time of the first publication of the work and
(c) Moreover, the work is published in pursuance of an agreement in that behalf with the author where the agreement does not preserve to the author the copyright in the work or under section 17, which deals with the concept of First Owner of Copyright, any copyright in the work would go to the organization.
Any international organization which at the material time did not have the legal capacity of a body corporate shall have and deemed at all material times to have had the legal capacity of a body corporate for the reason of holding, dealing with, and enforcing copyright and in relation to every legal proceedings associated to copyright. The organizations which come under this section are those organizations which are included in the International Copyright Order, 1999.
Section 42, 42a and 43 – power of central government to restrict the rights of foreign works
Section 42-
In this section, empowers the Central Government to withdraw or limit the rights of such foreign works, whose authors are not Indian and not domiciled in India, first published in India when it feels that the concerned country has not communal the protection given by the Indian government by not generous enough shield to the works of Indian authors.
This is an essential provision in terms of diplomacy and international trade as protection is given to guaranteed intellectual properties on a reciprocal base. This provision serves as a project to guard the interest of Indian authors and their works globally.
Section 42A-
This section is alike to section 42 other than applies to foreign broadcasting organizations and performers which are included in such foreign country or are subjects or citizens of such foreign country and not domiciled in India.
Section 43-
This section dictates that each Order made by the Central Government under Chapter VIII should be laid previous to both the Houses of the Parliament the moment it is made, and shall be subject to the modifications the Parliament may make during that session or the session without delay following.