The Author of this Article is Inshirah Azmi, she is a first year law student pursuing B.A.LL.B from Faculty of Law, Aligarh Muslim University.
Introduction
The ownership rights that authors and other creatives have over their works are referred to by the legal term “copyright” (sometimes called ‘author’s right’). In today's digitally connected world, where works of creation may easily cross national boundaries and reach a worldwide audience with a single click, it is essential to comprehend the complexities of copyright protection. A creator’s work is protected globally by a term called ‘international copyright’. Protection against unlawful usage in a given country is given based on that country's national laws. Instead of relying on legislative restrictions, international copyright law is established through treaties. As a result, every country on Earth will deny legal protection for all work. In order to maintain consistency among member states, various significant global agreements have been implemented.
What are the conventions related to International Copyright?
The Berne Convention- The Berne Convention is the main international accord governing copyright. It creates a framework for worldwide writers and artists that all contracting governments are required to incorporate into their national legislation. Author rights, a minimum assured copyright duration, activities requiring approval, and other things are included in this framework. The agreement titled Berne Convention for the Protection of Literary and Artistic Works was first ratified in 1886 with the intention of upholding the legal rights of all writers who are citizens of those countries. The current version of the convention is the Paris Act of 1971. Presently, more than 180 nations and city-states are parties to the Berne Convention.
On September 5, 1887, the United Kingdom (UK) submitted an application for India to join the Berne Convention; India has been a member since April 28, 1928. India is required to provide equal protection to works that originate not just in India but also outside of it in any of the contracting states, as a signatory to the Berne Convention.
TRIPS- The Agreement on Trade-Related Aspects of Intellectual Property Rights, known as TRIPS, is signed by all World Trade Organisation (WTO) member countries. India joined TRIPS when it joined WTO in 1995. Following its signature of the TRIPS Agreement, India committed to establishing minimum criteria to protect intellectual property rights (IPRs).
Universal Copyright Convention (UCC)- The UCC, which was founded under UNESCO's supervision, offers protective measures that guarantee member governments uphold the rights of writers from other member countries. The convention became enforceable in 1955 and was revised in Paris in 1971. India joined the UCC in 1952, the same year the convention was adopted.
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms- It establishes that every Contracting State has a duty to defend a phonogram producer who is a national of another Contracting State against the following: the creation of duplicates without the producer's consent; the importation of duplicates when done so with the intention of distributing them to the public; and the distribution of duplicates to the public. India ratified this convention on 1 November 1974.
Challenges
Although international treaties establish general guidelines, each nation may have different copyright laws, such as those dealing with the time period of protection. Cross-border enforcement of infringements can be difficult because of disparities in legal systems, cultural norms, and technical limitations. There is also a requirement for strong international enforcement methods to deter violations. Digital technologies and the internet have become increasingly prevalent, posing new protection concerns such as digital rights management and online piracy.
Case Laws
Baker v. Selden- Charles Selden filed for a copyright in 1859 for a work titled Book-keeping Simplified, or Selden's Condensed Ledger. A bookkeeping system was explained in the book. A considerably more popular book that was very similar was released in 1867 by W.C.M. Baker. Alleging copyright infringement, Selden's widow filed a lawsuit against Baker. When the matter reached the Supreme Court, Justice Joseph P. Bradley decided against Selden, establishing the notion that would later be referred to as the Idea/Expression Dichotomy. This argument states that copyright law only shields an idea's particular expression—not the idea itself. In India, this rule was properly established in the Supreme Court’s landmark judgment of R.G. Anand v. M/S Deluxe Films & Ors.
Eastern Book Company v. D.B. Modak- The Supreme Court ruled that the expression of ideas is what the Copyright Act is all about, not unique ideas. The author must use skill and judgment to create the work in order to claim copyright; the work need not be creative in the sense that it is original or non-obvious, but it must be more than the result of labour and capital. Thus, the Court embraced an approach of "skill and judgment with a flavor of creativity" and rejected the American standard of "sweat of the brow." It is the artistic expression of a work that demonstrates this innovative thinking, not the concept itself.
Mazer v. Stein- The main question that arose in this case, which introduced the idea of the separability test was whether the statutes that employed a Balinese dancing figure as the base for table lamps may be copied. In this instance, the courts confirmed that adding design to a practical piece had no bearing on the object's copyrightability. The idea of conceptual separability is not expressly addressed in Indian law. Nonetheless, it falls under the Copyright Act of 1957's Section 52(1)(w) "exception to copyright infringement." It was added following the act's 2012 amendment. It says that a two-dimensional artistic creation, such as a technical sketch, serves only as a tool and is the foundation for a three-dimensional object. Copyright protects this kind of work.
Illustration
Suppose a well-known American writer releases an original work that quickly becomes a bestseller. In the US, copyright law protects the author's creations, giving them the only authority to copy, distribute, and modify their works. Let's say a French publishing house wants to translate and release the book for the French audience. The author's rights are recognized by international copyright law in nations that have ratified relevant international agreements, such as the Berne Convention. For the French publishing house to translate and release the novel in France, consent from the author or their designated agent is required. In this process, a licensing agreement is usually negotiated and royalties are paid to the author for each copy sold. Following the terms of the agreement, the French publisher will be able to lawfully translate, print, and distribute the book in France while upholding the author's rights and copyright regulations. Any unapproved duplication or circulation of the book would be considered a violation of copyright and would be prosecuted.
Conclusion
International copyright law is evidence of the efforts made by the whole world community to protect innovation and creativity across national boundaries. International treaties and conventions maintain a sense of peace and mutual respect while bridging the gaps between various states and their unique standards. It is becoming more and more important to comprehend international copyright in the digital age of quick material transmission. It promotes a worldwide culture where information, creativity, and invention are shared, honoured, and safeguarded for the benefit of all people in addition to guaranteeing that creators receive fair compensation and recognition. With the world becoming increasingly interconnected, these treaties and legislation will be crucial in determining how international creative expression develops in the future.
Sources:-
Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886), (World Intellectual Property Organization) https://www.wipo.int/treaties/en/ip/berne/summary_berne.html accessed 15 May 2024.
Declaration by the Government of Republic of India relating to Article II and III of the Appendix to the Paris Act (1971), (Ministry of Commerce & Industry, 8 June 2018) https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1534892 accessed 15 May 2024.
Shyamli Shukla, ‘Analysis of TRIPS - Novartis Conjunction in India’(Manupatra Articles, 16 March 2023) https://articles.manupatra.com/article-details/Analysis-of-TRIPS-Novartis-Conjunction-in-India%20 accessed 15 May 2024).
Universal Copyright Convention, (Britannica) https://www.britannica.com/topic/Universal-Copyright-Convention accessed 15 May 2024.
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, (UNESCO) https://www.unesco.org/en/legal-affairs/convention-protection-producers-phonograms-against-unauthorized-duplication-their-phonograms accessed 15 May 2024.
(1879) 101 U.S. 99.
(1978) AIR 1613.
AIR 2008 SC 809.
(1954) 347 U.S. 201
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