Simple Meaning: This is one of the most important sections. It lists what is protected by copyright in India.
Section 13(1): What is protected?
(a) original literary, dramatic, musical and artistic works;
Key Word: “Original.” This doesn’t mean “new” or “brilliant.” It just means the work originates from the author and isn’t just a copy of something else.
(b) cinematograph films;
(c) sound recording.
Section 13(2): What is not protected? (The Nationality Requirement)
Simple Meaning: Copyright doesn’t just apply to all works. It only applies if the work has a connection to India unless it’s covered by international treaties (see Chapter 9).
(i) Published Work: The work must be “first published in India,” OR the author must be an Indian citizen at the time of publication (or at their death, if published after).
(ii) Unpublished Work: The author must be an Indian citizen or “domiciled” in India at the time the work was made.
(iii) Work of Architecture: The building must be located in India.
Explanation: For a “joint authorship” work, all the authors must satisfy these conditions.
Section 13(3): Copyright does not subsist in…
(a) A film, if a “substantial part” of it infringes the copyright of another work (e.g., your film is just a pirated copy of someone else’s play).
(b) A sound recording, if in making it, you infringed the copyright of the underlying song (e.g., you recorded a cover song without paying the lyricist/composer).
Section 13(4): Separate Copyrights
Simple Meaning: This is a vital concept. It clarifies that the copyright in a film or sound recording is separate from the copyrights in the works used to make it.
Practical Example: A film (e.g., Om Shanti Om) has its own copyright as a film (owned by the producer). But this does not affect the separate copyrights in:
The script (a literary work).
The songs’ music (musical works).
The songs’ lyrics (literary works).
The original short story it was based on (literary work).
This is why a song’s composer can sue a radio station for playing the song, even if the film’s producer gave permission. They are separate rights.
Section 13(5): Architecture
Simple Meaning: For a building, the copyright only protects its “artistic character and design.” It does not protect the “processes or methods of construction.”
Practical Example: You can’t stop someone from using the same method of building (e.g., pre-fabricated concrete) you used, but you can stop them from building a house that looks identical to your unique artistic design.
Section 14: Meaning of Copyright
Simple Meaning: This section defines “copyright” as a “bundle of exclusive rights.” Owning the copyright means you are the only person in the world who can do, or authorize others to do, the following acts:
Section 14(a): For Literary, Dramatic, or Musical Works (e.g., a Book, a Play, a Song’s Melody/Lyrics)
(i) To reproduce the work: To make copies (e.g., photocopy a book, copy an MP3, store it in any electronic medium).
(ii) To issue copies: To sell or rent new copies to the public.
(iii) To perform or communicate it to the public: To perform the play, to play the song on the radio or Spotify.
(iv) To make a film or sound recording: To adapt the book into a movie or record a performance of the song.
(v) To make a translation.
(vi) To make an adaptation.
(vii) To do any of the above to a translation or adaptation.
Section 14(b): For Computer Programmes (e.g., Source Code)
(i) To do any of the acts in (a).
(ii) To sell or give on “commercial rental.”
Proviso: This rental right doesn’t apply if the programme itself is not the “essential object of the rental” (e.g., renting a car that has copyrighted software in its dashboard is fine).
Section 14(c): For Artistic Works (e.g., a Painting, a Photograph)
(i) To reproduce the work: (e.g., print copies of the painting, store a JPEG of it). This was updated to explicitly include:
(A) Storing it electronically.
(B) Making a 3D object from a 2D drawing (e.g., making a toy based on a cartoon drawing).
(C) Making a 2D picture of a 3D object (e.g., taking a photograph of a sculpture).
(ii) To communicate it to the public: (e.g., show the painting on TV).
(iii) To issue copies.
(iv) To include it in a film: (e.g., have the painting visible in the background of a movie scene).
(v) To make an adaptation.
(vi) To do any of the above to an adaptation.
Section 14(d): For a Cinematograph Film (e.g., a Movie)
(i) To make a copy of the film: (e.g., duplicate the DVD, rip the file). This includes taking a photograph of a single frame or storing it electronically.
(ii) To sell or give on commercial rental.
(iii) To communicate the film to the public: (e.g., broadcast it on TV, show it in a theater, stream it on Netflix).
Section 14(e): For a Sound Recording (e.g., an MP3, a CD)
(i) To make any other sound recording that “embodies it” (e.g., copying the MP3 file).
(ii) To sell or give on commercial rental.
(iii) To communicate the recording to the public: (e.g., play it on the radio or on Spotify).
Section 15: Special provision regarding Copyright in designs
Section 15(1): No “Dual Protection”
Simple Meaning: You cannot have copyright protection for a design that is already registered under the Designs Act, 2000. It’s one or the other.
Section 15(2): The “More than 50” Rule
Simple Meaning: This is a critical rule for industries like fashion and furniture.
The Rule: If your work is an “artistic work” that could be registered as a design (like a sketch for a new dress), but you don’t register it… the copyright protection for that design will “cease” (end) as soon as you (or someone you license) have reproduced the article more than 50 times by an industrial process.
Practical Example: A designer sketches a unique chair. They don’t register it under the Designs Act. They start manufacturing and selling the chair. As soon as they make the 51st chair, the copyright protection for the design itself is gone, and competitors can (in theory) start making identical chairs. The original drawing is still protected as a drawing, but not its application as a 3D object.
Section 16: No copyright except as provided in this Act
Simple Meaning: This law is the only law for copyright. You cannot claim some “ancient” or “common law” copyright. Your right exists only because this Act says it does.
Exception: This doesn’t stop you from suing someone for a “breach of trust or confidence” (e.g., if you share an unpublished script with a producer in confidence and they steal it, you can sue them for both copyright infringement and breach of trust).
