Intellectual Property Rights in India

The Copyright Act, 1957

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Copyright Act

Why in the News?

The ongoing copyright dispute between actors Dhanush and Nayanthara highlights the complexities of copyright law and its potential misuse in the film industry.

What is the dispute?

  • The case revolves around South Indian actor Dhanush suing actress Nayanthara for using excerpts from their 2015 film in a biopic without his consent.
  • Nayanthara claims she had sought permission earlier, but Dhanush’s company, which produced the film, did not respond, leading to the lawsuit over copyright infringement.

About The Copyright Act, 1957:

Details
What is it? Enacted in 1957 to protect creators’ rights over original works.
Objective: To encourage creativity while balancing public access.
• Grants exclusive rights to authors and creators for reproduction, distribution, and public performance of their works.
• The Act has been amended to address digital content and technological advancements.
Features and Provisions of the Act Scope: Covers literary, musical, artistic works, cinematograph films, sound recordings, and more.
Duration: Copyright lasts life of author + 60 years for literary, musical, and dramatic works, and 60 years for films/sound recordings.
Exclusive Rights: Right to reproduce, distribute, perform, and adapt works.
Moral Rights: Includes right to attribution and integrity of the work.
What does Section 52 say? Section 52 lists exceptions allowing use of copyrighted works without permission in specific situations.
Fair Use: For criticism, review, news reporting, teaching, research, and private use.
• Includes exceptions for libraries, archives, and government use.
Important for education and public access—enables non-commercial use of works.

 

PYQ:

[2014] In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets.

[2017] With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements:

  1. It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.
  2. Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.

Which of the above statements is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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