What Are the Legal Provisions Incorporated in the Copyright Act 1957 Safeguarding International Copyright?
The Copyright Act, 1957 is the primary legislation in India that governs the protection of literary, dramatic, musical, artistic works, cinematograph films, and sound recordings. Over the years, India has aligned its copyright law with international standards to honor foreign works and protect Indian works abroad. To ensure this, the Act contains specific legal provisions that safeguard international copyright, in compliance with global treaties and conventions.
These provisions allow authors, publishers, and creators from other countries to enjoy copyright protection in India and ensure that Indian works receive reciprocal protection abroad.
Key Legal Provisions Safeguarding International Copyright
1. Section 40 – Power to Extend Copyright to Foreign Works
Section 40 empowers the Central Government to extend the benefits of the Copyright Act to works that originate outside India. It applies to countries that are members of international treaties to which India is a signatory—such as the Berne Convention, Universal Copyright Convention (UCC), World Trade Organization (WTO-TRIPS Agreement), and WIPO Copyright Treaty.
By issuing a notification in the Official Gazette, the government can grant copyright protection to:
- Works first published in other countries
- Works authored by nationals of foreign countries
- Cinematograph films and sound recordings made outside India
This provision ensures that foreign authors enjoy copyright protection in India just like Indian citizens.
2. Section 41 – International Organizations
Section 41 provides copyright protection to international organizations such as the United Nations or its agencies. The Central Government may, by notification, extend copyright protection to works published under the authority of these organizations. This legal provision strengthens India’s commitment to international cooperation and respect for globally significant works.
3. Section 42 – Reciprocity of Protection
Section 42 empowers the Indian Government to deny copyright protection to nationals of a country that does not provide similar protection to Indian works. This principle of reciprocity ensures fair treatment of Indian creators abroad. If a country discriminates against Indian authors or fails to offer equivalent rights, the Central Government may issue a notification restricting that country’s authors from receiving copyright benefits in India.
4. Section 69 – Importation of Infringing Copies
This provision prohibits the import of infringing copies of copyrighted works. Customs authorities have the power to seize and prevent the entry of pirated books, CDs, DVDs, or other content from foreign countries. This ensures that unauthorized reproduction or distribution of international works is actively prevented at the border.
India’s Participation in International Conventions
India’s copyright law also reflects its obligations under several major international agreements:
- Berne Convention for the Protection of Literary and Artistic Works (1886)
- Universal Copyright Convention (1952)
- Rome Convention (1961)
- TRIPS Agreement (1995) under the World Trade Organization
- WIPO Copyright Treaty (1996) and WIPO Performances and Phonograms Treaty (1996)
These conventions form the backbone of India’s international copyright policy. By incorporating their principles into national law, India ensures seamless legal protection across borders.
