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Copyright law in India

Berne Convention Member Countries

India is a signatory of the Berne convention, a copyright registered in India is valid in the list of countries mentioned below.
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Berne Convention's primary function is protection of original works and legal rights of their authors/ creators.

The Foundation of Berne Convention is based on three basic principles and mentions a series of rules determining the minimum protection to be granted.

The three basic principles are the following:
(1) Works originating in one of the Contracting Country must be given the same protection in each of the other Contracting countries as the latter grants to the works of its own nationals (principle of "national treatment").

(2) Protection is not conditional upon compliance with any formality, rather it is automatic

(3) Protection is independent of the existence of protection in the country of origin of the work. If, however, a Contracting Country provides for a longer term of protection than the minimum prescribed by the Convention and the work ceases to be protected in the country of origin, protection may be denied once protection in the country of origin ceases.

The Copyright law provides for Protection to Foreign Works in India

Copyrighted creative works of foreign nationals, whose countries are members of Berne Convention to which India is a signatory, are protected against any infringement of their Creative works in India through the International Copyright Order, 1999. Courts in India have also been pro-active for protection of Copyright of foreign authors and owners, which includes book, art, painting, music, films, software and database etc.

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Signatories of The Berne Convention

The following is a list of the countries that are signatories of the Berne Convention...
That means when a copyright is registered in India it is valid in all these countries listed below
Albania
Algeria
Andorra
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei
Bulgaria
Burkina Faso
Cameroon
Canada
Cape Verde
Central African Republic
Chad
Chile
China
Colombia
Comoros
Congo
CostaRica
Coted Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Estonia
Fiji
Finland
France
Gabon
Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Holy See
Honduras
Hungary
Iceland
India
Indonesia
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Korea
Kyrgyzstan
Djibouti
Dominica
Dominican Republic
Denmark
Latvia
Lebanon
Lesotho
Liberia
Libyan Arab Jamahiriya
Liechtenstein
Lithuania
Luxembourg
Macedonia
Madagascar
Malawi
Malaysia
Mali
Malta
Mauritania
Mauritius
Mexico
Micronesia
Moldova
Monaco
Mongolia
Morocco
Namibia
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
Norway
Oman
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russian Federation
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and Grenadines
Samoa
Saudi Arabia
Senegal
Serbia and Montenegro
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sudan
Suriname
Swaziland
Sweden
Switzerland
Syrian Arab Republic
Tajikistan
Tanzania, United Republic of
Thailand
Theformer Yugoslav
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Ukraine
United Arab Emirates
United Kingdom
United States of America
Uruguay
Uzbekistan
Venezuela
Vietnam
Zambia
Zimbabwe

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Copyright protection in literary work, Book, scripts, screenplay, novels, lyrics: A detailed explanation is given here on what exactly is protected by law in case of literary works.

Scenes affaire in India: One of the things that has been occurring in copyright law is a slow shift from being a common law subject to a statutory one. There has always been a federal Copyright Act, of course, but until recently, courts took it as an invitation to fill in the gaps rather than an unyielding constraint on their actions.

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