INTERNATIONAL COPYRIGHT ORDER

This Article is written by Anju Malik of Department of laws, Bhagat Phool Singh Mahila Vishwavidyalya, Khanpur Kalan, an intern under Legal Vidhiya.

ABSTRACT

This article presents all the inclusive synopsis about International Copyright Order Academic articles are protected by a type of intellectual property known as copyright. A work’s author has the right to use copyright to choose whether and how others may use, publish, and distribute their creation. As a result, it establishes guidelines for the usage, publication, and distribution of articles by others. Understanding your copyright options as a writer is more and more crucial, particularly as open access publication expands. Unlike patent copyright is easy to obtain and also, unfortunately easy to infringe. In this article we will study about the meaning of copyright & essentials of copyright alongwith provisions related to it.

KEYWORDS

Copyright, International Copyright Order, Foreign work, Copyright Infringement.

INTRODUCTION

Contrary to patents, copyright is simple to obtain and, unfortunately, simple to violate. One of the distinguishing characteristics of copyright is that, unlike other intellectual properties, it is not required to be officially registered with any government agency. [1] Copyright persists in literary, artistic, dramatic, and cinematographic works which, thanks to modern technology, it is quickly spread not only nationally but also rationally. The Statute of Anne, which was passed in England in 1710, was the first copyright regulation in history. This Act established set terms of protection and introduced for the first time the idea that the author of a work is the owner of its copyright. The legal definition of copyright is given under section 14 of copyright act 1957. Copyright is only protected in a tangible form. The copyright Is a way of showing gratitude and acknowledging all the labor and time it takes to produce something original and innovative. The protection of their works and the ability to make money off of them are two things that creators can be sure of. By protecting the rights of those who produce and own creative work, copyright is an effective tool that encourages innovation and creativity. In order to ensure a fair and free market for artistic goods, it is a fundamental element of the modern world. Copyright is one of the branch or aspects of Intellectual Property Rights (IPR). Copyright is an exclusive privilege granted to the creator or a group of people to safeguard their creative work.

WHAT IS INTERNATIONAL COPYRIGHT?

A concept known as “international copyright” protects a writer’s work everywhere. Protection against illegal usage is offered in a given nation depending on its national legislation. In spite of this, many countries offer protection to foreign works under certain conditions that have been greatly streamlined by international copyright conventions and treaties. The International Copyright Order was established in 1999 to offer protections that transcend national boundaries for the authors and owners of works that are subject to foreign copyright.[2] International Copyright are protected through various convention like the:

• TRIPS Agreement (Agreement on Trade Related Aspects of Intellectual Property Rights) ^[3]
• Multilateral Convention for Avoidance of Double Taxation of Copyright Royalties.^[4]
• Universal Copyright Protection Convention.^[5]
• The Berne Convention.^[6]
• Convention for Protection of Producers of Phonograms against unauthorized duplication of their Phonograms.^[7]

WHAT IS INTERNATIONAL COPYRIGHT LAW?

International copyright law just doesn’t exist! It is not practical to register your intellectual property in every place, and it cannot be protected in jurisdictions where it is not. In order to answer this need and create a standard, global system to assure the protection of intellectual property rights internationally, a number of international conventions were developed. There may be some variation in the national copyright laws of different nations. Therefore, it was essential to create international standards that all nations could adhere to when resolving disputes over copyright. The Copyright Act of 1957, the Copyright Rules of 2013, and the International Copyright Order, 1999 all govern copyright in India. The International Copyright Order of 1999 and the Copyright Rules of 2013 are supplemental legislation to the basic copyright law, the Copyright Act of 1957.The process of granting protection to foreign copyright holders has been greatly simplified by a variety of international copyright treaties and agreements. Producers and owners of content now have the sole right to utilize their creations anywhere in the world. The fundamental rights are the same in most countries, even though the details of their national laws may differ, thanks to international conventions and agreements (primarily the Berne Convention), which provide a common framework that national legislation must follow to ensure that countries respect the rights of foreign authors.

PRINCIPLES CONVENTION AND AGREEMENT

It includes:

THE BERNE CONVENTION

The Berne Convention was established in 1886 to safeguard creative works and the legal rights of its creators. It provides artists, writers, musicians, poets, and other creators with the tools to manage how, by whom, and under what conditions their works are utilized. Three fundamental ideas served as the foundation for the Berne Convention. This includes a number of clauses that specify the minimum level of protection that must be provided, as well as exceptional clauses that developing nations may utilize.

The three basic principles are the following:

• The works created in one of the contracting nations must be protected equally in all of the other contracting nations.
• Protection is automatic, not contingent upon observing any formalities or requirements.
• Protection must exist independently from the presence of protection in the nation where the work was first created. When the work’s protection in the nation of origin expires, however, if a Contracting nation provides for a longer period of protection than the minimum period required by the convention, protection may be revoked.

Before the Berne Convention there was very little protection for authors outside their home country.

India is a signatory of Berne Convention.

UNIVERSAL COPYRIGHT CONVENTION

UCC protects works by authors who are citizens or residents of countries that are signatories to these treaties, as well as works that were first published in one of those countries or published there within 30 days of the first publication in a country that is a member of the Berne Union. According to the UCC, a notice of copyright in the format and place required in the UCC must be used to satisfy any formality in national law.

The UCC notice must include symbol © (C in a circle) the year of the work’s initial publication, and the name of the copyright holder. This notice must be placed in a way that provides reasonable notice of the copyright claim.

ROME CONVENTION

• Actors, musicians, singers, dancers, and others who perform literary or artistic works are protected from specific acts for which they have not given their authorization, such as broadcasting or communicating a live performance to the general public.
• The right to permit or restrict the direct or indirect reproduction of phonograms belongs to the phonogram producers. According to the Rome Convention, “phonograms” are any solely aural fixations of musical or other sounds.
• The rebroadcasting of their broadcasts, the fixing of their broadcasts, and the reproduction of such fixations are all actions that broadcasting organizations have the right to permit or forbid.

TRIPS (Trade – related aspects of Intellectual Property Rights)

Following are the features of TRIPS:

• 1996 was the year of signing
• Managed by the World Trade Organization (WTO)
• Includes how many clauses are concerned with protecting intellectual property.
• Declares that the national legislation must enable the efficient enforcement of IP rights and provides specific guidance on how this should be done.

WIPO COPYRIGHT TREATY

Following are the features of WIPO treaty:

• 1996 year of signature
• Makes it clear that databases and computer programs are protected by copyright and that the creator originally owned the exclusive right to transmit works across networks like the Internet and comparable ones. Classifies certain activities as copyright violations.
• The removal from a work of embedded rights management information. The circumvention of technological protection mechanisms linked to works.

 INTERNATIONAL COPYRIGHT ORDER

[8] “A significant component of legislation governing the copyright of foreign works is the International Copyright Order”. It was passed on March 24, 1999, and it became effective on April 6, 1999. It was adopted by the Central Government under the authority granted to it by Section 40 of the Copyright Act of 1957. It was adopted to replace its forerunner, the International Copyright Order of 1991. A schedule that is broken up into six parts and lists the nations that are entitled to copyright protection in India is included in the Order along with the conditions and processes for foreign works.

The nations that have signed the

• 1971 Berne Convention
• The 1951 Universal Copyright Convention
• Convention on Phonograms in Geneva, 1971.                                        

Agreement Regarding Trade-Related Aspects of Intellectual Property Rights.                                                 Who are eligible to get protection under the Copyright Act, 1957 are those who have either ratified, accepted, or acceded to the aforementioned Conventions, or who have not yet ratified, accepted, or acceded to the aforementioned Conventions.

COPYRIGHT INFRINGEMENT

Unauthorized use of a work that has been granted copyright is known as copyright infringement. Thus, it is the unauthorized use of someone else’s copyrighted work, which violates the owner’s rights to the work’s reproduction, distribution, exhibition, and performance.

Section 51 of the Copyright Act specify when a copyright is infringed.

• Any act that only the copyright holder is authorized to perform is carried out by someone else without first receiving consent from them.
• A person authorizes the use of the space for the transmission, sale, distribution, or display of an unauthorized work unless they know or have good reason to suspect that doing so will result in a copyright violation.
• A person brings in counterfeit copies of a work
• Without getting permission from the copyright holder, someone reproduces his work in any way

THE COPYRIGHT ACT OF 1957

Despite the fact that Chapter IX of the Act deals with international copyright, the phrases “foreign works” or “international copyright” are not defined elsewhere in the Act9. However, section 2(l) of the Act describes a “Indian work” as a piece of music, theater, or writing in which

• whose author is an Indian national;
• whose initial publication is in India; or
• Its author was an Indian citizen at the time the book was written, in the case of an unpublished work.

As a result, it is safe to assume that works other than Indian Works come within the category of Foreign Works. Additionally, section 40 of the Act provides definition of “Foreign Work”. Under sections 40 through 43 of Chapter IX, international copyright is covered. Essentially, the Act grants the Central Government the authority to restrict the rights of foreign writers in certain circumstances and treats the Foreign Works of the nations included as if they were Indian works under the 1999 international copyright order.

SECTION – 40 POWER TO EXTEND COPYRIGHT TO FOREIGN WORK

What is foreign work?

The Copyright Act of 1957 does not include a definition for the word “foreign work.” However, it stands to reason that any task that does not qualify as “Indian Work” under Section 2(l) of the Act will be considered “foreign work” when evaluating what constitutes “foreign work.”

By publishing an Order in the Official Gazette, the Central Government is permitted by this section of the Copyright Act to extend copyright to foreign works. One essential element of this clause is that only the countries named in The International Copyright Order, 1999—the Order—may be granted copyright in India. The “territories outside India” listed in the subsections of this clause must be included in the International Copyright Order of 1999. Therefore, if a country’s name is not included in the International Copyright Order, 1999, it cannot assert copyright for its works in India. The following works can have any or all of the provisions of the Copyright Act extended to them by the Central Government, treating them as though they were Indian work.

• It is assumed that all works published outside of India were first published there.
• Unpublished works by individuals who, at the time the work was written, were subjects or citizens of another nation are to be treated as though they were Indian citizens.
• Even though an author doesn’t have a home in India, the Copyright Act nonetheless applies to him as though he did.
• Any work whose creator was a subject or citizen of a foreign nation at the time of the work’s first publication, or who was deceased at the time of the first publication and a subject or citizen of India.

PROVISO OF SECTION 40 OF THE COPYRIGHT ACT OF 1957

The International Copyright Order, 1999 and any other Order made in accordance to this section must, however, comply with the proviso to this section, which states that before adding a country (other than those with which India has entered into a Treaty or which is a party to a Convention to which India is also a party), The central authority must guarantee that the concerned nation has implemented or committed to implementing measures to preserve the right to copy works there. The duration of copyright protection in India may not exceed the duration of protection provided in the nation where the foreign work was first created. Furthermore, the length of protection offered by the foreign nation must not be longer than that of India.

SECTION 40A – BROADCASTING ORGANISATIONS AND PERFORMERS ARE INCLUDED IN THE APPLICATION OF CHAPTER VIII

The Central Government may extend the rights under Chapter VIII to foreign broadcasts and performances if it is satisfied that a foreign nation has made or has agreed to make the necessary provisions for the protection of rights in that nation, as is possible in India under the Copyright Act of 1957 the central government has the authority to increase the rights given to broadcasting organizations under Chapter VIII of the Copyright Act of 1957.The International Copyright Order, 1999 (the “Order”) applies to broadcasting organizations as if their headquarters were in India or as if the broadcast originated from an Indian transmitter.

•  To portray performances that took place outside of India as though they were from India.
•  To integrate performances as though they were published in India when a sound recording that was released in a nation party to the Order does so.

To live performances that are not fixed to a sound recording that are broadcast by a broadcasting organization whose headquarters are in a country covered by the Order as though the headquarters were located in India or where the broadcast is transmitted from a transmitter located in a country covered by the Order as though the broadcast was transmitted from India. This clause also grants the International Copyright Order the power to fully or partially apply Chapter VIII to broadcasts or performances that are made abroad, as well as to broadcasts or performances that are made generally or in groups.

SECTION – 41 EXISTENCE OF COPYRIGHT THROUGHOUT INDIA

According to this section, copyright in a foreign work would exists throughout India where,

• A (foreign) work is created or published for the first time by, or with the guidance of, any entity;
•  At the time of the book’s initial publication in India, the copyright to the work was not established.

Either the work is published in accordance with a contract in that regard with the author, in which case the contract does not reserve to the author the copyright in the work, or under section 17, which addresses the idea of the First Owner of Copyright, any copyright in the work would belong to the organization.  For the purposes of holding, managing, and enforcing copyright as well as in relation to all legal proceedings involving copyright, any international organization that at the relevant time lacked the legal capacity of a body corporate shall have and be deemed to have had that capacity at all relevant times. The organizations covered by this section are those that are listed in the 1999 International Copyright Order.

CONCLUSION

Chapter IX of the Copyright Act of 1957 and the International Copyright Order of 1999 provide India with copyright protection for foreign works. Only the nations included in the International Copyright Order, 1999’s Schedule are qualified to use the copyright protection, which is assumed to exist throughout all of India.  This protection offered by the Indian government depends on the level of protection given to Indian authors’ works by the relevant foreign nation. As a result, the Copyright Act of 1957 gives the Central Government the authority to revoke any protection or right granted to a foreign work if it determines that the country of origin of that foreign work has not done enough to safeguard the literary creations of Indian authors. An author must first ascertain the level of protection offered to the works of foreign authors in the country in which they seek to get copyright protection for their creations.

REFERENCES:

[1] Section 13, Copyright Act 1957 [2]https://lawcirca.com/international-copyrights-under-copyright-act-1957-everything-you-need-to-know/amp/.

[3] Overview of TRIPS Agreement, retrieved from https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm

[4] http://portal.unesco.org/en/ev.php-URL_ID=15218&URL_DO=DO_TOPIC&URL_SECTION=201.html

[5] http://portal.unesco.org/en/ev.php-URL_ID=15381&URL_DO=DO_TOPIC&URL_SECTION=201.html

[6] Summary of Berne Convention, retrieved from https://www.wipo.int/treaties/en/ip/berne/summary_berne.html

[7] https://www.wipo.int/treaties/en/ip/phonograms/

[8]https://lawcirca.com/international-copyrights-under-copyright-act-1957-everything-you-need-to-know/amp/.