Copyright Law India
The copyright means the sole & exclusive right to publish the work or any substantial part thereof and or reproduction of the publication or reproduction of the translation of the work as per Section 14 of the Copyright Act 1957 [D.S.G Sidhanti versus Venkateshwara publishing house, (1968) 1 An WR 323, 328].
There can be no copyright in works which have not yet come into existence. It can subsist only in respect of works already published or composed. It may attach upon each successive publication but work we have no present existence cannot be the subject of copyright.
Copyright is incorporeal property-copy right is the right to prevent copyright, or issuing the copies of the work to the public or the right to prevent the making for sale of selling infringing copies of the work. It is incorporeal property distinguishable from physical ownership of the work in which copyright subsists. It is the right to make the copies of the work and to do various other acts.
Author – Section 2 (d) of the copyright Act, 1957 defines the meaning of the authors as the person who causes the work to be created. A person who merely suggests the idea of the work to author is not the author, nor even a joint author of the work. A shorthand writer who takes down the notes is not the author. Authorship is the organization of a meritorious production, embodying the author or the thought of the author as well as the thought of the other, in an organized and communicable form and bearing the impress of the distinctive individuality of the mind which produced it.
Copyright shall not subsist in any work specified in subsection (1), other than a work to which the provision of section 40 or section 41 apply unless in the case of the published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India and in case of an unpublished work other than work of architecture, the author is at the date of the making of the work of a citizen of India or domiciled in India ; and in the case of work of architecture, the work is located in India . In the case of a work of joint authorship the condition conferring Copyright specified in this sub-section shall be satisfied by all the author of the work.