Section 14 of the Copyright Act, 1957 - Meaning of Copyright

Section 14 of the Copyright Act, 1957 explains what "copyright" means in Indian law. Copyright is not one single right. It is a bundle of exclusive rights, and the particular rights available depend on the class of work concerned.

Current legal position: The Copyright Act, 1957 remains the principal copyright statute in India. The Copyright Office states that the Act has been amended six times, with the substantial 2012 amendment extending protection in the digital environment. Section 14 should be read with the other provisions of the Act, including Sections 13, 17, 51 and 52.

Meaning of copyright under Section 14

For the purposes of the Act, copyright means the exclusive right, subject to the provisions of the Act, to do or authorise specified acts in respect of a work or any substantial part of that work. The rights differ for literary, dramatic and musical works, computer programmes, artistic works, cinematograph films and sound recordings.

Rights comprised in copyright

1. Literary, dramatic and musical works other than computer programmes

For a literary, dramatic or musical work other than a computer programme, the exclusive rights include:

reproducing the work in any material form, including storing it electronically;
issuing copies of the work to the public, other than copies already in circulation;
performing the work in public or communicating it to the public;
making a cinematograph film or sound recording in respect of the work;
making a translation of the work;
making an adaptation of the work; and
exercising the relevant Section 14 rights in relation to a translation or adaptation.

2. Computer programmes

A computer programme receives the rights applicable to literary works described above. Section 14 additionally covers selling, giving on commercial rental, or offering for sale or commercial rental, a copy of a computer programme. The statutory proviso excludes a commercial rental where the programme itself is not the essential object of the rental.

3. Artistic works

For an artistic work, copyright includes reproduction in any material form. This expressly includes electronic or other storage and, where applicable, converting a two-dimensional work into three dimensions or a three-dimensional work into two dimensions. It also includes communication to the public, issuing copies not already in circulation, inclusion in a cinematograph film, and making or exercising rights in an adaptation.

4. Cinematograph films

For a cinematograph film, the rights include making a copy of the film, including a photograph of an image forming part of it or storing it electronically or by other means; selling or giving on commercial rental, or offering for sale or rental, a copy of the film; and communicating the film to the public.

5. Sound recordings

For a sound recording, the rights include making another sound recording embodying it, including electronic or other storage; selling or giving on commercial rental, or offering for sale or rental, a copy; and communicating the sound recording to the public.

What does "exclusive right" mean?

The expression means that the copyright owner controls the acts that Section 14 reserves to the owner, subject to the Copyright Act. A person may also be authorised to exercise rights through a valid licence or assignment where the Act permits it. Whether a particular use amounts to infringement must also be tested against statutory exceptions and limitations, especially Section 52.

Copyright protects expression, not merely an idea

The official Copyright Office guidance explains that copyright protects original expression rather than ideas, procedures, methods of operation or mathematical concepts as such. Copyright generally arises automatically when an eligible original work is created; registration is not a condition for the existence of copyright, although registration can have evidentiary value.

Section 14 and different classes of works

Class of work	Examples of principal Section 14 rights
Literary, dramatic and musical works	Reproduction, issue of copies, public performance or communication, film or sound recording, translation and adaptation.
Computer programme	Rights applicable to literary works plus specified commercial sale and rental rights.
Artistic work	Reproduction, electronic storage, dimensional depiction, communication, issue of copies, inclusion in film and adaptation.
Cinematograph film	Copying or storage, sale or commercial rental of copies, and communication to the public.
Sound recording	Making another recording embodying it, sale or commercial rental of copies, and communication to the public.

Copies already in circulation

The explanation to Section 14 provides that a copy which has been sold once is deemed to be a copy already in circulation. This wording is relevant to the statutory right to issue copies to the public and should be applied in the context of the particular class of work and the other provisions of the Act.

Important related provisions

Section 13 identifies the classes of works in which copyright subsists. Section 15 deals with copyright in designs registered or capable of registration under the Designs Act, 2000. Section 16 states that copyright or a similar right cannot be claimed except as provided by the Act or another law in force. Section 17 addresses first ownership of copyright.

Official resources

For the current official text and administrative guidance, refer to the Government of India IP India Copyright resources:

Note: This page is a general legal information article. For a dispute involving ownership, licensing, infringement or exceptions, the complete statute and the facts of the particular matter should be examined.