Judicial Protection to Copyright: An Overview

Exploring the Role of Judiciary in Protecting Copyright

Abstract

Imitation is a part of human nature. He tries to copy or reproduce the work of some other person. To protect the originality, the concept of copyright came into existence. Law gives protection to literary, dramatic, artistic, musical sound or cinematographic film. In India, the present law on copyright is the Copyright Act, 1957. This Act deals with almost all the relevant matters connected with copyright. It has been amended from time to time to meet the changed scenario. The latest amendment in this Act has been made in 2018.Judiciary has also been in favour to protect the originality of all works. The Supreme Court of India and various High Courts have explained and clarified various provisions of the Copyright Act. Some of the important cases on copyright are-Indian Performing Right Society Vs. Eastem Indian Motion Picture Association Others, Tata Oil Mills Co. Vs. Reward Soap work, Najma Heptullah Vs. Orient Longman Ltd. Gromophane Co. Of India Ltd. Vs. Super Cassette Industries, and Eastern Book Co. Vs. D.B. Madok. In all these cases the emphasis of the court relies on the fact that the original author or creator of a work should have a right to protect and preserve its originality.