Introduction

Copyright is a legal right granted to creators of various works, including literary, dramatic, musical, and artistic creations, as well as producers of films and sound recordings. It encompasses a range of rights such as reproduction, public communication, adaptation, and translation, which may vary based on the type of work. Copyright aims to protect the rights of authors, thereby fostering creativity, which is essential for economic and social development. The Copyright Act of 1957 safeguards original works from unauthorized use, specifically protecting expressions rather than ideas, methods, or concepts. Copyright is automatically acquired and does not require any formalities. It comes into existence as soon as a work is created. However, obtaining a certificate of copyright registration and the entries made in it can serve as prima facie evidence in a court of law regarding disputes over copyright ownership.

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Copyright registration offers several advantages that enhance the protection and economic potential of a creator's work. It serves as prima facie evidence of ownership, allowing the owner to seek legal action against infringers. Registration provides global protection under the Berne Convention, enabling rights enforcement in multiple countries. It grants economic rights, allowing the owner to earn royalties from reproducing, distributing, or adapting the work. Additionally, it helps track ownership and establishes the publication date, which is crucial for addressing infringement cases. Copyright registration also clarifies licensing rights and is a one-time process, ensuring long-term protection without the need for renewal. 

There is also a copyright society, which is a registered collective management organization established under Section 33 of the Copyright Act of 1957. This type of society is formed by authors and other rights holders. A copyright society has the authority to issue or grant licenses for any work, as authorized by the authors or owners of that work. However, a license is not required from a copyright society or the authors or owners of the copyright if the work is used for a bona fide religious ceremony, including a marriage function. This situation falls under the exceptions to copyright infringement as outlined in Section 52 (1) (za) of the Copyright Act, 1947.

Further, both published and unpublished works can be registered for copyright. Copyright for works published before January 21, 1958—prior to the enforcement of the Copyright Act of 1957—can also be registered, as long as those works still enjoy copyright protection. When applying for registration, you must submit two copies of the work, whether it is published or unpublished. If the work is unpublished, you need to provide a copy of the manuscript with your application to affix the stamp of the Copyright Office, which serves as proof of registration. Alternatively, you may submit extracts from the unpublished work instead of the entire manuscript and request that the extracts be returned to you after being stamped with the seal of the Copyright Office.

For additional examples, including the process of copyright registration for a website- a website is a collection of interconnected webpages hosted on a server, accessible to the public. Users can navigate through its content using various methods, such as scrolling or searching. Websites contain copyrightable elements classified under the Copyright Act of 1957, including literary works (text, databases), artistic works (photos, charts), musical works, sound recordings, and cinematographic films. However, the website as a whole is not copyrightable. Non-copyrightable content includes ideas, functional elements, the overall layout, and common symbols. Each component of the website requires a separate copyright application.

The principles of copyright protection as established by the Berne Convention and the TRIPS Agreement, emphasizes that once a work is created, it automatically receives copyright protection without the need for registration. While Section 45(1) of the Copyright Act, 1957 allows authors, publishers, or copyright owners to apply for registration at their discretion, the use of "may" in the language indicates that registration is not mandatory. Additionally, certain judicial rulings affirm this understanding of copyright protection. Let’s discuss the above points in brief in the landmark case of Sanjay Soya Private Limited v. Narayani Trading Company, (IA (L) No. 5011 of 2020 in Commercial IP Suit No. 2 of 2021).

The Bombay High Court focused on allegations of trademark and copyright infringement. The Sanjay Soya claimed that Narayani Trading's packaging and label for soyabean refined oil were too similar to its own, constituting both statutory infringement and passing off. The plaintiff sought an injunction to prevent Narayani Trading from using the disputed label, as well as other remedies, including appointing a court receiver for infringing goods. Sanjay Soya’s label features a predominantly yellow design with a rectangular package, a broad red band displaying "SOYA DROP" in white block letters. It includes the phrase "SOYABEAN REFINED OIL," a green oval stating "Naturally Healthy," images of a family of four, and illustrations of soybeans along with a yellow teardrop. Narayani Trading’s label is very similar, also primarily yellow with a red band that reads "SOYA AMRUT." It shares elements like a family of four, soybeans, and a teardrop oil device, but there are minor variations in layout and wording within the green oval. The Court found that Narayani Trading infringed on Sanjay Soya's trademark and copyright by closely replicating key elements of Sanjay Soya's packaging, such as color scheme and design features. The noted differences were not enough to outweigh the overall substantial similarity. Additionally, the assignment of artistic work ownership from SK Oil to Sanjay Soya was deemed valid, preventing the defendant from challenging its legitimacy due to their lack of a direct claim.

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The Court ruled that copyright registration is not mandatory for enforcement in India, rejecting the argument that it is required. It stated that previous cases suggesting otherwise were flawed and referred to international treaties like the Berne Convention and the TRIPS Agreement, which affirm that copyright protection is automatic upon the creation of an original work. The Court also emphasized the key elements for passing off—goodwill, misrepresentation, and damage—concluding that these were present in the case involving Sanjay Soya. Additionally, it clarified the jurisdictional scope under the Copyright Act, 1957 and the Trade Marks Act, 1999 stating that copyright owners and trademark registrants have enhanced jurisdiction that does not rely on registration.

Key Takeaways

a.      This judgment clarifies that, in India, copyright in original artistic works does not require registration for enforcement against infringement.

b.     Trademark and copyright protections can coexist for label artwork used in the branding and packaging of commercial products.

c.      The decision emphasized that minor design variations are irrelevant when the overall visual impression is substantially copied.

d.     It reaffirms modern intellectual property jurisprudence and aligns domestic law with international treaties regarding the automatic protection of copyright.

e.      The verdict warns against referencing outdated or overruled case law (including the case of Dhiraj Dharamdas Dewani v Sonal Info Systems Pvt Ltd and Others, 2012 (3) Mh LJ 888) to challenge copyright enforcement, highlighting the doctrine of per incuriam in assessing the authority of past judgments.

f.      The court stressed the importance of imposing substantial costs and sanctions to discourage frivolous defences and to support the objectives of the Commercial Courts Act, 2015 in providing swift and effective resolution of IP disputes.

The judgment from the Hon’ble High Court of Bombay serves as an important and detailed precedent in the intellectual property law of India. It addresses key issues such as the relationship between trademark and copyright, whether copyright registration is necessary, and the principles used to evaluate infringement and passing off in cases involving nearly identical product packaging.

Conclusion

In conclusion, copyright plays a vital role in fostering creativity and protecting the rights of creators across various domains. The automatic protection it provides upon the creation of a work while emphasizing the importance of registration for enhanced legal and economic benefits. The provisions under the Copyright Act of 1957, along with international agreements like the Berne Convention, ensure that authors can safeguard their works effectively. Cases such as Sanjay Soya Private Limited v. Narayani Trading Company highlight the ongoing relevance of copyright in addressing disputes, reinforcing the necessity for awareness and compliance among creators and businesses alike.