Author Details:-

Sivagayathri Rameshbabu

COPYRIGHT LAWS IN INDIA, THE UK, AND THE US: A COMPARATIVE APPROACH

Copyright laws have changed over time, in accord with socioeconomic conditions, technological developments, and international agreements. Copyright laws of India, the United Kingdom, and the United States all protect the rights of authors, innovators, and inventors while also taking into account the requirements of the public. This comparative analysis of copyright laws in the three countries is undertaken, identifying similarities and differences, key provisions, historical judgments and the role of international treaties in shaping the three constituent legal regimes respectively.

The Indian Copyright Act, 1957: An Overview

The key legislation governing copyright in India is the Copyright Act, 1957. It provides immunity to original works of literature, drama, music and art, and recordings and sound, and cinematographic works. This Act was modified extensively in 1983, 1984, 1994, and lately in 2012 to face new challenges brought in by advancement in technology and international obligations through various treaties. (Goswami, 2015)

Key Provisions: Key Provisions:

• Section 13 describes what constitutes an “original work” and it gives authors’ rights, such as literary, musical, and artistic works. It also encompasses protection to such works of foreign origin, when India is a party to the respective international conventions, to prevent such works of foreign authors from being treated inequitably (Menon, 2016).
• Section 14 outlines the right held exclusively by the copyright holder, including the right to reproduce the work, distribute copies, and publicly perform or communicate the work. These rights are qualified by some exceptions, such as fair use provisions in the context of Section 52 (Ninan, 2014).
• Section 57: It has to do with moral rights, ie, the right to lament about and prevent any transformation of their work to damage their reputation (Goswami, 2015).
• Section 63: Under the law, the maximum penalty of infringement is defined and the civil and criminal redress available to a copyright owner is also determined. Based on this, it is possible to recover both monetary damages and injunctions (Rathi, 2013).

An amendment to the Copyright Act, 1957, was made in 2012 to include provisions that would reflect international standards, especially after India signed a series of global conventions. The amendments made in 2012 were related to internet piracy, DRM, and protection for sound recordings (Srinivasan, 2017).

Copyright Legislation in the UK: Origins and Important Provisions

The UK Copyright, Designs and Patents Act 1988 is the law of copyright in the United Kingdom. This was an intended act for bringing together a selection of enactments in respect of copyright, design rights and patents. Specifically, the objective was the alignment of UK copyright legislation with the international standards enshrined in the Berne Convention to which the UK was a signatory since 1887, as Bently Sherman, 2014.

Key provisions: Key provisions:

• Section 1: Specifies the kinds of works secured by copyright (literary, dramatic, musical and art works, sound recordings, films, and broadcasts (Bently Sherman, 2014).
• Section 3 defines ownership of copyright, which in general is ascribed to the author of a given work, unless otherwise agreed (Cornish et al., 2013).
• Section 11: It reports the duration of copyright protection in the UK which is the life of the author plus 70 years as stipulated in the EU Copyright Directive (Bently Sherman,2014).
• Section 30: It is the law of moral rights of authors, regarding the rights to paternity and the right to object to making of works in a disparaging way (Cornish et al. 2013).
• Section 107: Infringement remedies; injunctions, damages, accounts of profits (E. Bennett M. Sherman, 2014).

The UK Copyright Act has exerted significant impact, through international conventions, particularly the Berne Convention and World Intellectual Property Organization Copyright Treaty WCT. The Digital Economy Act of 2010 (eg) included a range of provisions to combat the online unauthorized deployment of copyright and to improve the role of creators in the information age (Mendis, 2010).

US Copyright Law: Legal Framework and Important Provisions

The basic legislation that governs copyright in the United States is the US Copyright Act of 1976, codified as Title 17 of the United States Code. This Act substantially changed the previous Copyright Law and at last brought the United States to comply with the Berne Convention since 1989 when the United States entered into the Agreement (Litman, 2012). Across art including, but not limited to, literature, music, art, audio recordings, and also architectural works, the US Copyright Act provides broad protection.

Key Provisions: Key Provisions:

• Section 106: Gives the copyright holder the exclusive right to reproduce, distribute copies, perform, display, and make derivative works of his/her work (Litman, 2012).
• Section 102: Those forms of works which could enjoy copyright protection were characterized as being original works of authorship embodied in a tangible medium of expression (Samuelson, 2015).
• Section 201: These provide the rule on ownership of copyright with the general principle that copyright belongs to the creator unless the work is developed from a work-for-hire arrangement (Litman, 2012).
• Section 106A acknowledges the moral rights of authors to visual art works, such as their right to be credited and their right to avoid the mutilation of the work. Samuelson, 2015
• Section 504: And for the imposition of statutory damages for infringement, as well as the ability to seek actual damages and attorney’s fees. Litman, 2012.

The Copyright Act has undergone many changes to be on pace with the progress in technology. The most significant was when the Digital Millennium Copyright Act was enacted in the year 1998. It includes all the digital copyright laws, including DRM and safe harbor for internet service providers (Samuelson 2015).

Landmark Judgments relating to copyright: India, UK, and USA India:

R.G. Anand v. Deluxe Films (1978): Here, in this case, the Supreme Court has provided the rationale for the difference between ideas and works in copyright law. Court concluded that although ideas are not entitled to copyright, works of the ideas are entitled to copyright when they are original. The judgment has accordingly indicated that only that specific expression is guaranteed protection under copyright and not the general idea or concept.

Due to this judgment, moral rights as provided under Section 57 of the Indian Copyright Act were held to be inbuilt or intrinsic. Delhi High Court directed that if the work of an artist is to be altered or deformed in any manner which tends to prejudice his honour or reputation then such a course of action shall be objected to by the artist. It went on to reaffirm that moral rights are separate from economic rights and, therefore, the integrity of an author/artist’s work is extended further protection.

 UK:

This originating case developed the principle that fair dealing could operate in an educational environment. The House of Lords concluded that for the use of a work to be fair, it must be for the purpose of criticism, review or teaching, insofar as it does not negatively impact on the market value of the work as a work of art itself. In this case, a precedent was established for applying fair dealing in non-commercial, educational contexts.

The UK House of Lords found that a considerable amount of such work is borrowed, even when there is no verbatim replication of the source. The Court applied the “substantial similarity” test, where the question was whether the reproducing work captured the essential features that made the original unique, not the amount copied.

 USA:

The Supreme Court held that factual compilations may have copyright protection only when originality could be shown. The judgment established the clear understanding that copyright only covers works that also involve some degree of creative work, and the “sweat of the brow” rationale could not be used for US statutory protection.

The Supreme Court ruled a landmark decision on the fact that using Oracle’s copyrighted Java API by Google was a fair use, as the usage was transformative in its essence and did not inflict any damage to market on Oracle. In this case, fair use applied to new technologies such as software development and emphasized flexibility in copyright law.

International Conventions and Treaties

International agreements or conventions play a crucial role at agreeing copyright laws between countries. They provide a framework for the protection of creators’ rights on a global scale, ensuring that creators and authors are afforded similar protections regardless of where their works are used or distributed. Several key international agreements have influenced the development of copyright law in India, the UK, and the US.

The Berne Convention for the Protection of Literary and Artistic Works (1886).

The Berne Convention is the most important international agreement on copyright. Initially it was used in 1886 in Berne, Switzerland, and has since been amended several times to take into consideration new challenges for copyright law, especially due to the emergence of new technologies. India, the United Kingdom and US are all parties to the Berne Convention, which forms a basis for their copyright laws.

Key Provisions: Key Provisions:

• Article 5 confers on authors the right of limited expression of their works and mandates that this protection must be afforded to the works of aliens resident in the member countries.
• Article 7: Sets the minimum duration of copyright protection at the lifetime of the author plus 50 years, although individual countries may provide more extended protection (the UK and US, for example, provide protection for the life of the author plus 70 years).
• Article 9: Sets forth the guidelines for the safeguarding of works in digital form that will permit works to be protected in a range of media including technological developments which did not exist when the treaty was drawn.

The Berne Convention has a substantial effect on the Copyright Act, 1957, in India, which has to conform to same provisions. In the case, for example, section 13(1) of the Indian Copyright Act directly corresponds with the Berne Convention’s formulation of originality and the provision of equivalent protection for foreign works as domestic works. The UK Copyright, Designs and Patents Act 1988 also takes into account the principles laid down by the Berne Convention, notably those relating to moral rights and the term of protection. The Copyright Act of 1976 was then amended to conform the Act with the Berne Convention after US has accessioning as a party in 1989.

Scholarly Views: Scholarly Views:

William F. Patry, in Patry on Copyright (2019) points out that the Berne Convention was a major change in international copyright law that dispensed with the requirement that registration of works was formal by the old practice like the US Copyright Act of 1790. Patry claims that the Convention has been essential in the process of standardizing the international security of author’s rights and to protect creative works around the world.

The World Intellectual Property Organization Copyright Treaty (WCT) (1996)

The World Intellectual Property Organization (WIPO) adopted the WCT in 1996, this is an important multilateral treaty, extending the Berne Convention, to solve the problems caused by the digital world and the Internet.

 Key Provisions:

• Article 1: Maintains the principle of national treatment, requiring each member state to grant the same copyright protection for foreign authors that it affords to national authors.
• It also deals with technical protection measures (TPMs) making the application of anti-piracy technologies such as encryption and digital rights management (DRM) lawfully enforceable.
• Article 10: Extends the copyright protections, including copyrights of works in the digital medium, to grant rights of control on digital public performance and communication.
• Article 11: Focuses on moral rights, emphasizing that creators have the right to object to the distortion of their work, even after the transfer of the economic rights. India, the UK and the United States signed the WCT, which exerted a notable influence on the evolution of digital copyright law, in particular.

The Indian Copyright (Amendment) Act, 2012 incorporated provisions that addressed digital copyright protection, reflecting WCT’s emphasis on digital rights management (DRM) and technological protection measures (TPMs). Similarly, the Digital Millennium Copyright Act (DMCA) in the US and the Copyright and Rights in Performances Regulations 2014 in the UK are consistent with WCT standards.

Scholarly Views:

David Vaver, in Intellectual Property Law: [Copyright and Design (2007) suggests that the WCT played an important role in preventing copyright law from being rendered obsolete by the digital age. He emphasizes that while countries such as the US and UK had already begun implementing digital protections, the WCT provided the necessary international consensus that helped to standardize these laws across jurisdictions.

1. The TRIPS Agreement (1994) 3. The TRIPS Agreement (1994)

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994, World Trade Organization (WTO), Adopted in 1994 as part of the WTO founding agreement (WTO, 1994). TRIPS establishes a minimum level of regulation for intellectual property, such as copyright, patents, trademarks, and geographical indications. As WTO members, India, the UK, and the USA are obliged by the TRIPS agreement, and the time for action is now needed.

 Key Provisions:

• Article 9: Relating to copyright protection and in accordance with the provisions contained in the Berne Convention, such that WTO members adhere to the standards established in the Berne Convention.
• Article 41: Ensures that enforcement mechanisms are developed to deliver appropriate remedies for infringement, including injunctive relief and damages.
• Article 62: Is concerned with the definition of the duration of protection and that countries should give life plus 50 years of protection to literature and artistic works, when needed for the enjoyment by member countries of the fulfilled purposes of these free international areas with mutual guarantees.
• Article 7 of the Berne Convention. In India, the 1994 Amendment to the Copyright Act brought India to TRIPS full membership, and copyright protection is extended to the life of the author plus 60 years. In the case of the US, TRIPS tightened the life-plus-70 rule, which is a notable increase from the previous 50 year protection. Having already implemented the 70-year rule, the UK did not need much (if any) change.

Scholarly Views:

According to Keith E. Maskus in Intellectual Property Rights in the Global Economy, an analysis of the TRIPS Agreement reveals, for developing countries, a considerable impact of this Agreement because it has imposed the need to improve their IP protection system. He describes that the 1994 Copyright Amendment in India incorporating TRIPS-related provisions was a consequence of Indiaâs need to become an integral part of the global economy, and warns, however, that this has resulted in conflicts between global norms and national policy objectives, especially concerning access to knowledge.

1. The Rome Convention for the Protection of Performers,

Producers of Phonograms and Broadcasting Organizations (1961) The Rome Convention is a specialized treaty that deals with the rights of performers, producers of phonograms, and broadcasting organizations. Main purpose is to guarantee the right of safeguard to the contributors in making audio-visual works, different to the ordinary literary and artistic works protected by the Berne Convention.

Key Provisions:

• Article 12: Grants performers the right to control the broadcast and recording of their performances.
• Article 14: To producers of phonograms, the exclusive right is granted to regulate or forbid the reproduction of their phonograms. The present convention is of special interest in India, where the Copyright Act, 1957, dealt with performers and producers of sound recordings both within the broad definition of “works” found in the Copyright Act.India has implemented the Rome Convention by means of the 1994 amending law, which enhanced protection of these rights. The UK and US have also implemented provisions reflecting the Rome Convention’s principles in their respective copyright laws.

 Scholarly Views:

Miriam H. Reimer, The Evolution of Copyright in the Digital Era (2012) points out that the Rome Convention represents a watershed moment in protecting the economic rights of performers and producers but which had long been neglectful. She points out that this convention is prompting major changes in national legislation, particularly with regard to digital media and the music industry. Conclusion In conclusion, copyright law in India, the UK, and the US shares many similarities, influenced by international treaties such as the Berne Convention, the WCT, and the TRIPS Agreement.

Nevertheless, the approaches taken differ in regard to questions of moral rights, digital protection and copyright infringement remedies. These gaps stem from the distinctive legal, cultural, and technical backgrounds of each country. With the development of technologies and the globalization of markets, however, the paramount importance of the stronger international collaboration on copyright law comes into sharp recognition. India, UK, and the United States are engaging in joint efforts under international agreements and treaties in order to develop a more coherent, universal and fair system for safeguarding creator’s rights internationally. However, ongoing reforms and adaptations are essential to address new challenges in the digital and globalized era, ensuring that copyright law remains relevant and effective in protecting the interests of both creators and consumers.

Conclusion

Conclusion Copyright laws in India, the UK and the US may all seem much alike, yet they are influenced in equal measure by their separate legal legacies and cultural worldviews. International treaties such as the Berne Convention and the WCT have played a pivotal role in harmonizing these laws across borders. However, there are also fundamental differences across the jurisdictions as to how each one defines copyright, fair use, and moral rights. With global digital communication ever more advancing, copyright law in the protection of creative works and promotion of innovation will matter more and more.

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