International Copyright Protection: Framework, Treaties, and India’s Legal Order

Copyright provides legal protection to original creative works, ensuring creators can control and benefit from their creations. While Indian copyright law does not require formal registration, the global nature of content sharing necessitates international safeguards. To address this, India enforces the International Copyright Order, 1999, extending protection to foreign works under specific treaties. This article explores India’s stance on international copyright, key conventions like the Berne and Rome Conventions, and the TRIPS and WIPO treaties that harmonise protection standards globally.

International Copyright Protection: Framework, Treaties, and India’s Legal Order

Copyright is simple to acquire, but at the same time, it can be easily violated. Copyright is a legal right that safeguards the creators of original works, such as literary, dramatic, musical, artistic creations, and films from unauthorised use. The most defining feature of copyright is that it does not require formal registration to be enforceable under the Indian Copyright Act, 1957. The copyright is valid only when the work is in a tangible state and not just a mere idea.[1] The copyright law acknowledges the significant time and effort involved in creating such works and gives creators exclusive rights to reproduce, share, or earn profit from their creations.

Technological growth in the contemporary period has made copyrighted works spread across borders easily and instantly, triggering the need for international copyright protections that safeguard a creator’s rights within their home country and in extraterritorial jurisdiction. In the current stage, copyright laws operate mainly within a prescribed territorial jurisdiction; however, several international treaties have been in place that grant protections globally, making it easier for creators to safeguard their work on the global stage.

International Copyright Law

Currently, there is no aspect of international copyright law at a global level that applies uniformly to all countries and governs copyright primarily because the copyright laws across the globe vary significantly to deal with their respective scenarios, making international cooperation through treaties essential to have some common grounds for protection across countries. International collaboration in the form of conventions and treaties acts as a foundation that paves the way for mutual recognition and copyright enforcement across nations.

India tries to incorporate this idea of a global framework, which is primarily implemented through the Copyright Act of 1957 and the Copyright Rules of 2013. Notably, the Indian government in 1999 passed the International Copyright Order, which enabled the Indian law to protect works originating from foreign countries that are parties to international conventions and ensures foreign works enjoy similar rights in India, subject to certain conditions and exceptions. Prominent treaties that help with the above-mentioned international order include:

1. The Berne Convention (1886)
2. The Universal Copyright Convention (1951)
3. The Rome Convention (1961)
4. The TRIPS Agreement (1994)
5. WIPO Copyright Treaty (1996)

The abovementioned conventions and treaties offer a decent framework to protect copyright by ensuring minimum protection standards and preventing the unauthorised use of foreign works within member countries.[2]

Key International Copyright Conventions

1. The Berne Convention

The Berne Convention, adopted in 1886, is an important international agreement concerning copyright law. This convention ensures that authors retain moral and economic rights over their work and are respected across member countries. India is a signatory to this treaty and focuses on working around three core principles, namely:

• National Treatment - a work created in one member state must be given the same protection in all other signatory states.
• Automatic Protection - copyright exists without the need for formal registration.
• Independence of Protection - protection in any foreign country does not depend on whether the work is protected in its home state.[3]

2.  The Universal Copyright Convention (UCC)

The Universal Copyright Convention (UCC), adopted in 1952, provides an alternate option to the already established Berne Convention, especially for countries that were initially unable to comply with the Berne standards. The UCC simplifies formalities by requiring only a © symbol, the author’s name, and the year of first publication for a work to be recognised. This benefited developing countries and played a crucial role in the early framework for international copyright protection.[4]

3. The Rome Convention

The Rome Convention, signed in 1961, safeguards performers' rights, including those of actors and musicians, and producers of sound recordings and broadcasting organisations. It allows performers to control unauthorised broadcasts or recordings of their performances. This convention also protects the rights of producers and broadcasters to restrict the reproduction or rebroadcasting of their work.[5]

4. TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)

The TRIPS Agreement is managed by the World Trade Organisation (WTO) and adopted in 1996, sets global standards for intellectual property enforcement by mandating the enforcement of rights granted by copyright through national legislation, requiring legal remedies and sanctions for infringement of copyrighted products, and extending protection to databases and computer programs, equating them with literary works. Consequently, TRIPS is essential for addressing the shortcomings of earlier treaties and provides a strong enforcement mechanism.[6]

5. WIPO Copyright Treaty (WCT)

The WIPO Copyright Treaty, signed in 1996, clarifies copyright protections for digital works, especially online transmission and computer programs. It prohibits the removal of digital rights management systems and the circumvention of technological barriers to access copyrighted content.[7]

Finally, India’s International Copyright Order of 1999, enacted under Section 40 of the Copyright Act, 1957, marks another significant milestone in recognising copyright globally. It replaces the earlier order of 1991 and outlines the list of countries whose works are eligible for protection in India. The order treats foreign works as if they were created within India, provided the country of origin is a party to certain conventions. This order extends the applicability of the Copyright Act to foreign works first published outside India, works by non-Indian authors and foreign broadcasts and performances.[8] However, there's a catch: protections are reciprocal, and India offers protection only if the foreign country extends similar copyright benefits to Indian creators in their respective country.

Legal Provisions for Foreign Works in the Indian Copyright Act

Section 40 addresses the authority to extend copyright protections to foreign works, while "foreign work" is not explicitly defined, it refers to any work that does not qualify as an "Indian work" under Section 2(l). This section allows the Central Government to grant copyright protections to these foreign works by issuing an order published in the Official Gazette.

Moving forward, section 40A of the Copyright Act mentions broadcasting, in which the central government is empowered to treat specific foreign broadcasts and performances as if they were Indian origin work for Chapter VIII of the Copyright Act. On the other hand, section 41 of the Copyright Act provides that copyright protection for foreign works applies uniformly across India, with a basic requirement that the work is published by a recognised international organisation or under a legal agreement that doesn't reserve copyright to the original author.

International copyright protection is crucial now, as work easily transcends borders, with an increased chance of being exploited. The work of the Indian creators is also transitioning towards the previously mentioned trend and is no longer restricted within the country's limits but is accessible across the globe. The framework provided by the Copyright Act of 1957, the International Copyright Order, 1999, and other critical international conventions thus forms a strong ecosystem for protecting copyrights across borders globally. Challenges like piracy, enforcement differences, and legal complexities persist, which can be addressed by spreading awareness and adherence to these international standards. The primary focus should be active engagement, registering works, understanding foreign laws, and using available mechanisms like conventions to protect worldwide copyright.

8. References

1. 1. Copyright Act 1957 (India)
   2. International Copyright Order 1999 (India)
   3. https://www.mondaq.com/india/copyright/1568868/is-registration-of-a-work-with-the-copyright-office-necessary
   4. https://www.wipo.int