India: Historical Development Of Law Of Copyright

[Salieri]

 

Copyright (or author's right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

EVOLUTION OF COPYRIGHT LAW IN INDIA

Pre-Independence Copyright law in India
The Copyright Law of India was enacted by the British colony and like most of the acts of that time; it was an imitation of the English law.

The first copyright act of India was enacted in 1847, during the regime of East India Company. As per the act, the term of copyright was either, for the lifetime of author plus 7 years or 42 years. The government had the power to grant the publishing license after the death of the author if the owner of the copyright refused permission. All suits and infringement related to copyright came under the jurisdiction of the highest local civil court. The act was replaced by the copyright act of 1914.

The act of 1914 was the first 'modern' copyright law of India. It was the first law to include all works of art and literature under the ambit of copyright. It was a replica of the English law of 1911. It was done by the British to ease the passage of literature over colonial subcontinent.

Post-Independence Copyright law in India
The Copyright Act of 1957 came into force on the 21st of January, 1958 replacing the 1911 act. The act besides amending the copyright law also introduced milestone changes such as provisions for setting up copyright office under the control of Registrar of copyright for registration of books and other works of art. It also established a copyright board to deal with the disputes relating to copyright.

CONCLUSION
The history of copyright law is a long and complicated one. Even after more than 100 years, it is in developing stage. This is because technology is changing faster than ever. With new techniques, the old law seems to be falling behind, especially in the case of non-literal work. It is often difficult to tell what is similar to the extent of copyright infringement as it is a very subjective question. Thus, we need more specific laws to lessen the subjectivity.