Overview

The first part of this chapter provides an overview of the historical and cultural evolution of copyright law in India. It traces the evolution of copyright legislation in India from the colonial era to the present and highlights the major transformations in the legislative process in this area. The second part of the chapter explores the approach taken by the higher judiciary in India towards copyright-related issues. This discussion is particularly important, as India follows the common law approach with significant importance for judicial precedents. A quick glance through some of the prominent copyright cases that came before the Supreme Court of India and also some of the High Courts in India facilitates this analysis.

Historical and Cultural Evolution of Copyright Law in India

Transplantation of a legal system

Like most historical analyses, narrations on the origin of copyright law can also diverge considerably with the narrator and her/his field of specialization. The history of copyright law in general is complex, and it is this complexity that gives rise to divergent perceptions. As one may notice from the following paragraphs, the history of copyright legislation in India is an interesting example of transplantation of laws from one culture to another. But at what point in history did this transplantation happen? The answers are multiple and sometimes contradictory. While most historians will agree that the history of copyright legislation in India is closely interlinked with its colonial history under the British, it is nearly impossible to identify a precise beginning point as this transplantation was a gradual process over many years.