- 19-Apr-2025
- Healthcare and Medical Malpractice
Although both Indian and U.S. copyright laws share common international foundations, like the Berne Convention, they have several differences in how they protect and enforce the rights of creators. These differences can affect how copyright holders in both countries approach issues such as registration, enforcement, duration of protection, and exceptions like fair use or fair dealing.
India: In India, copyright protection arises automatically once a work is created and fixed in a tangible form. Registration with the Copyright Office is not required to obtain copyright protection, though it can be useful for legal disputes as it serves as evidence of ownership.
U.S.: While copyright protection in the U.S. is also automatic once a work is created, registration with the U.S. Copyright Office is required if the creator wishes to file a lawsuit for infringement in U.S. courts. Registration provides a public record of the copyright and enables the copyright holder to claim statutory damages and attorney fees in case of litigation.
India: In India, the term of copyright protection for literary, dramatic, musical, and artistic works is life of the author + 60 years. For cinematographic films and sound recordings, the term is 60 years from the year of publication.
U.S.: In the U.S., the term of copyright protection for works created after January 1, 1978, is life of the author + 70 years. For works made for hire, anonymous works, and pseudonymous works, the term is 95 years from publication or 120 years from creation, whichever is shorter.
India: Indian copyright law provides moral rights to authors, which include the right to attribution and the right to integrity. These rights cannot be transferred, but they can be waived. Moral rights are protected during the author’s lifetime and can be enforced by their legal heirs.
U.S.: The U.S. Copyright Law provides limited moral rights under the Visual Artists Rights Act (VARA), but these rights apply only to visual arts (like paintings, sculptures, and photographs). The moral rights in the U.S. are more limited than in India, as they do not extend to all types of works and are only enforceable for works created in the U.S.
India: India follows the fair dealing doctrine, which allows limited use of copyrighted works without permission for specific purposes like research, private study, criticism, review, or reporting news. Fair dealing is more restrictive than fair use and applies only to certain predefined purposes.
U.S.: The U.S. operates under the fair use doctrine, which is broader and more flexible than fair dealing. Fair use allows the use of copyrighted material for a wide range of purposes, including criticism, commentary, news reporting, teaching, scholarship, and research, with the courts considering several factors in determining whether a use is fair.
India: In India, if a copyright is infringed, the copyright holder can approach the Copyright Office for relief, or take the matter to the courts. The penalties for infringement can include statutory damages and criminal liability in severe cases. Indian law also allows civil remedies such as injunctions and orders for the seizure of infringing copies.
U.S.: In the U.S., copyright infringement cases can be taken to federal courts. The U.S. copyright law provides for statutory damages (which can be much higher than actual damages) and attorney’s fees if the work is registered. In the case of willful infringement, damages can go up to $150,000 per work. Criminal penalties are also in place for serious cases of piracy, including fines and imprisonment.
India: In India, work for hire is recognized for specific categories like films and software, where the employer or commissioner of the work holds the copyright. For other works, the creator is typically the copyright owner, unless there’s an agreement to the contrary.
U.S.: In the U.S., work for hire is a more significant concept under copyright law. It applies to any work created within the scope of employment or works commissioned under a specific agreement, and in these cases, the employer or the commissioner is the copyright owner. For joint authorship, both authors typically have equal rights unless otherwise agreed.
India: India is a member of the Berne Convention and TRIPS, ensuring that Indian copyrights are recognized and enforceable in other member countries. However, enforcement may depend on the legal systems of other countries.
U.S.: The U.S. is also a member of the Berne Convention and enforces foreign copyrights, but the U.S. has a more comprehensive system for copyright registration and enforcement. U.S. courts may require registration to pursue legal action, but international recognition of U.S. copyrights is strong due to the country’s involvement in global treaties.
An Indian author writes a book and publishes it in India. The copyright in India automatically protects the book, and the author can enforce it under Indian law. However, if the book is published in the U.S. without the author’s permission, the author can also enforce their copyright in the U.S. through the U.S. Copyright Office and U.S. courts, but first must register the copyright in the U.S. to claim statutory damages and attorney’s fees.
While Indian and U.S. copyright laws share some common ground due to their participation in international treaties like the Berne Convention, they also exhibit important differences in areas such as registration, moral rights, term duration, fair use vs. fair dealing, and enforcement mechanisms. These differences can impact how creators in each country protect their works and navigate infringement cases. Understanding these nuances is crucial for creators who want to enforce their rights both domestically and internationally.
Answer By Law4u Team
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