Rights Conferred by Copyright — the Bundle of Rights — Intellectual Property Rights II Notes

Rights Conferred by Copyright — the Bundle of Rights

Think of copyright as a set of keys on one ring. The novelist holds the key to print the book, the key to translate it, the key to turn it into a film, and the key to read it aloud in public. He can hand over one key (say, the film key) and keep the rest. That is what “a bundle of rights” means — and s.14 is the ring.

The bundle — s.14

Section 14 defines “copyright” as the exclusive right to do — or to authorise others to do — certain acts, and the list is different for each class of work. The owner may deal with each right separately (that is what makes assignment and licensing possible, topic 9).

A. Literary, dramatic and musical works — s.14(a)

The exclusive right to:

Reproduce the work in any material form (including storing it electronically).
Issue copies to the public (not already in circulation).
Perform the work in public, or communicate it to the public.
Make a cinematograph film or sound recording of the work.
Translate the work.
Adapt the work (e.g. turn a novel into a play).

B. Computer programmes — s.14(b)

All the s.14(a) rights plus the right to sell, or give on commercial rental, copies of the programme.

C. Artistic works — s.14(c)

The right to reproduce it (in 2-D or 3-D), communicate it to the public, issue copies, include it in a film, and make an adaptation.

D. Cinematograph films — s.14(d)

The right to make a copy of the film, sell or rent copies, and communicate the film to the public.

E. Sound recordings — s.14(e)

The right to make any other recording embodying it, sell or rent copies, and communicate it to the public.

The bundle also carries:

Moral rights (s.57) — paternity and integrity (topic 7).
Performers’ rights (s.38, s.38A) and broadcast reproduction right (s.37) — special “neighbouring rights” for singers, actors and broadcasters.
Right to royalty (2012 amendment) — authors of literary and musical works used in films retain a non-assignable right to an equal share of royalties.

Section 14: “copyright means the exclusive right … to do or authorise the doing of any of the following acts in respect of a work …”

In Simple Terms: “Copyright” is not one right but a list of exclusive acts, and the list changes with the type of work. The owner controls each act separately — that is why he can license the film rights to one company and the translation rights to another.

🧩 WORKED EXAMPLE — the drama performed to an invited audience

Facts. A drama is staged in an auditorium; selected persons, including producers, attend on open tickets and record it, meaning to imitate it.

Rule. The owner of the dramatic work holds the exclusive right to perform it in public and to make a film of it (s.14(a)). Copyright subsists in the fixed dramatic work.

Apply. The performance is a public performance controlled by the owner; recording it to imitate the work is an unauthorised reproduction/adaptation.

Conclusion. The owner’s performance and reproduction rights are infringed; he may seek injunction and damages.

flowchart TD
    ROOT["Copyright = bundle of exclusive rights (s.14)"]:::root
    ROOT --> A["Reproduce"]:::leaf
    ROOT --> B["Issue copies to public"]:::leaf
    ROOT --> C["Perform / communicate to public"]:::leaf
    ROOT --> D["Translate"]:::leaf
    ROOT --> E["Adapt (film / play / dramatise)"]:::leaf
    ROOT --> F["Rent (software, films, recordings)"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

IPRS v Eastern India Motion Pictures Association (1977) — analyses the separate rights that make up the “bundle” in a film with songs.
Super Cassettes Industries v Myspace Inc. (2011) — the communication-to-the-public right applies to online hosting.

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Rights Conferred by Copyright — the Bundle of Rights — Intellectual Property Rights II Notes