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CREA TIVEFIRST COPYRIGHT 101

Introduction

Copyright in India is protected under The Copyright Act, 1957, supported
by The Copyright Rules, 2013 read along with the amendments brought to
the rules in the years 2016 and 2021 respectively. The Copyright Act, 1957
has undergone many amendments since its enactment, the most recent
and substantial one being in the year 2012, that amongst others, seek to
bring the said Act in conformity with India’s commitment under World
Intellectual Property Organization’s WIPO Copyright Treaty, 1996 (“WCT”)
and WIPO Performances and Phonograms Treaty, 1996 (“WPPT”). In July
2018, India accepted the WCT and WPPT which are also known as the
‘WIPO Internet Treaties’ because of their focus on the protection of rights
in a digital environment. The WCT presents a framework for the protection
of authors’ rights in the digital environment and also makes the protection
of computer programs and databases compulsory. The WPPT is related to
the rights of performers and seek to confer rights on actors, musicians,
singers and producers of soundtracks akin to the rights conferred on the
authors of other copyright-protected work.

India is a member of Berne Convention and Universal Copyright
Convention and the Government of India in the year 1999 passed The
International Copyright Order, 1999 which provides for any work which is
rst published in any country that is a member of any of the said
conventions to be accorded the same treatment as any work which is rst
published in India.

Further, since India follows a common law legal system, judicial precedents
form an integral part of interpretation and continue to contribute to the
sources of the copyright law in India.

Given the complexity of copyright laws in India, content creators are often
posed with queries on the basics of copyright. This handbook endeavors
to address some of these frequently asked questions to help content
creators understand the basics while creating content and monetizing and
distributing such works.

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