Copyright law serves as a vital mechanism for protecting the rights of creators over their original works. In India, the Copyright Act of 1957 provides the legal framework that governs these rights. However, the complexities of pseudonymous and anonymous works, along with orphan works, present unique challenges within this framework. This article examines how Indian copyright law regulates these creative works, with a focus on recent case law and ongoing developments.
Understanding Pseudonymous, Anonymous and Orphan Works:
- Pseudonymous Works
Pseudonymous works are created under fictitious names, allowing authors to maintain their anonymity while still enjoying copyright protections. The Indian Copyright Act stipulates that the duration of copyright for pseudonymous works is 60 years from the date of publication. This legal provision recognizes the rights of authors even when their identities are obscured.
- Anonymous Works
Anonymous works, on the other hand, are those where the author’s identity is not disclosed at all. Like pseudonymous works, anonymous works are also granted a 60-year copyright duration from publication. This provision acknowledges the need for protection for creators who choose to remain unidentified.
- Orphan Works
Orphan works refer to works for which the copyright holder is unknown or untraceable. This situation creates significant challenges for users who wish to access or utilize such works, as they cannot seek permission from an unidentifiable rights holder. In India, the lack of a comprehensive framework specifically addressing orphan works leads to hurdles in their use, particularly in educational and cultural contexts. The absence of clear guidelines surrounding orphan works raises concerns regarding access and usage. Many orphan works are part of India’s rich cultural heritage, and their inaccessibility can hinder efforts to promote and preserve traditional arts, literature, and music. Thus, there is a pressing need for legal reform in this area.
Legal Framework Governing Copyright
Several provisions in the Copyright Act of 1957 are crucial for understanding the rights associated with pseudonymous, anonymous, and orphan works:
Section 17: This section states that the author of a work is the first owner of the copyright, but it also acknowledges works published under a pseudonym or anonymously. In such cases, ownership may be attributed to the publisher or another designated entity.
Section 57: This section emphasizes moral rights, which allow authors to protect the integrity of their works, regardless of whether they are pseudonymous or anonymous.
Recent Case Law on Pseudonymous and Anonymous Works
- S. Ramesh v. State of Tamil Nadu (2021)
This case involved the unauthorized use of an artwork created by an unknown artist. The Madras High Court ruled in favour of the claimant, stating that the absence of a known author does not negate copyright protection. The judgement emphasized that copyright protection applies even when the author’s identity is unknown, reaffirming the rights of anonymous creators.
- Society for the Promotion of Cultural Heritage v. Unknown (2020)
In this case, a non-profit organization sought to use ancient manuscripts whose authorship was unclear. The Intellectual Property Appellate Board (IPAB) acknowledged the gaps in the law concerning orphan works and recommended establishing clear guidelines to facilitate access while respecting the rights of unknown authors. This case highlighted the need for legal reform to address the complexities of orphan works in Indian copyright law.
- Ajay Kumar Goswami v. Uday Prakash (2018)
In this landmark case, author Uday Prakash sought to enforce his copyright over works published under a pseudonym. The Delhi High Court ruled that pseudonymous authors maintain the right to enforce their copyrights, affirming that the use of a pseudonym does not undermine legal protections. This case established an important precedent for the rights of pseudonymous authors, reinforcing the notion that authorship, even when obscured, is still legally recognized.
- Super Cassettes Industries Ltd. v. Myspace Inc. (2017)
This case addressed the rights of anonymous works in the context of digital distribution. Super Cassettes, a prominent music label, filed against Myspace for unauthorised use of music tracks released anonymously. The court recognized that even anonymous works published through a recognized entity are subject to copyright protection, allowing the publisher to act as a rights holder. This ruling underscored the legal standing of copyright holders of anonymous works in enforcing their rights.
The Challenges of the Existing Framework
Despite these provisions, the Indian legal framework remains inadequate in addressing the complexities surrounding orphan works. The lack of specific guidelines for orphan works can result in legal ambiguities, discouraging potential users from engaging with these creative outputs.
- Legal Ambiguities: The lack of a specific legal framework governing orphan works can lead to legal ambiguities. Users seeking to utilize orphan works may face uncertainties due to the inability to ascertain ownership, which can result in legal repercussions. Furthermore, cultural institutions and educational organizations may hesitate to use such works, fearing copyright infringement.
- Cultural and Educational Implications: The inability to utilize orphan works stifles cultural preservation and educational initiatives. Many orphan works form part of India’s rich cultural heritage, and their inaccessibility can hinder efforts to promote and preserve traditional arts, crafts, and literature. A legal framework that allows for the appropriate use of orphan works is essential for fostering cultural growth and education.
- Proposed Reforms and Initiatives:
- Orphan Works Registry: A registry could facilitate the identification and management of orphan works, allowing users to navigate the rights landscape more effectively. By maintaining a database of orphan works, stakeholders can work collaboratively to ensure proper usage and protection.
- Limited Use Provisions: Implementing provisions that allow educational and cultural institutions to use orphan works under specific conditions could promote access while respecting the rights of unknown authors. Such provisions could help mitigate legal uncertainties and encourage greater engagement with orphan works.
- Moral Rights and Their Relevance: Moral rights, enshrined in Section 57 of the Copyright Act, play a crucial role in protecting the integrity of works, regardless of the author’s identity. Pseudonymous and anonymous authors retain these rights, which include:
Right of Attribution: Recognition as the author.
Right of Integrity: Protection against distortion or derogatory treatment.
For pseudonymous and anonymous authors, these rights offer security in maintaining the reputation of their work, underscored in cases like Amar Nath Sehgal, which confirmed that authors, regardless of public identity, have integral rights to their creations.
- Future Considerations
Adapting to Digital Platforms: With the rise of digital platforms, the lines between authorship and anonymity have blurred. Creators often publish content anonymously or under pseudonyms, necessitating a re-evaluation of existing legal frameworks to ensure adequate protection and enforcement of rights.
Embracing Technological Solutions: Utilizing technology for copyright registration and management could streamline the identification of orphan works and facilitate better enforcement of rights. Blockchain technology, for example, could provide a transparent and immutable record of authorship and copyright ownership, helping to manage orphan works effectively.
The regulation of copyright for pseudonymous, anonymous, and orphan works in India presents complex challenges that require thoughtful legal reform. Recent case law has established important precedents for the protection of these works, yet significant gaps remain, particularly regarding orphan works. Moving forward, it is crucial for lawmakers, legal experts, and stakeholders to collaborate in creating a more robust framework that ensures the rights of all creators while promoting access to cultural and educational resources.
Addressing these issues will not only benefit individual creators but also contribute to the richness and diversity of India’s cultural heritage. By establishing a clear legal framework for pseudonymous, anonymous, and orphan works, India can foster an environment that encourages creativity while respecting the rights of all authors, known and unknown.
Written by Sarren, an assessment intern at Intepat IP.
