In this article, Akanksha Singh of Meerut College discusses the Concept of Adaptation and How it is different from copying.

Introduction

Under the Indian law, Adaptation is basically a change of copyrighted work converted from one format to another. TRIP incorporates Article 12 of the Berne Convention which provides that the exclusive rights of authorizing adaptation, arrangements and other alteration shall be enjoyed by the author of artistic or literary work. It is copyrighted if it meets the requirement of its originality i.e. author has created it by his or her own proficiency.[1]

Adaptation

• The absolute of the author of a scholarly project to publish, sell and reproduce his or her work, which is granted by statute in the law of copyright. Derivative work is a creative work which is referred by an adaptation which also involves a recasting or translation process that incorporates preexisting material capable of protection by copyright.
• If it meets the requirement of originality then it is copyrighted, in the say way that the author has created it by the way of his or her own proficiency, and labor without directly copying or subtly imitating the preexisting material. The mere minor alteration will not suffice.

The Copyright Act defines the following acts as adaptation:

• Conversion of a dramatic work into a non dramatic work.
• • When a literary or artistic work is converted into a dramatic work.
  • Re-arrangement of a literary or dramatic work.
  • Depiction in a comic form or through pictures of a literary or dramatic work.
  • Transaction of a musical work or any act involving rearrangement or alteration of an existing work.
  • The making of the cinematograph film of a literary or dramatic or musical work is also an adaptation.
• An adaptation is a work which is essentially the same as the original work although there may be a change in the format.[2]

Adaptation of movie

Remaking or re-releasing of movies with slight manipulation is also adaptation.

Bollywood Movies

Section 2(f) of Copyright Act defines cinematograph film and the rights are held with the author. If any person wants to remake the movie which has not entered the public domain, for doing so the person has to enter into a license with the author under section 14. The author has given an exclusive rights for adaptation of the motor picture under section 14. Due to the diversion of religion market, the adaptation in India are very common. For instance:

• Aag (2007), and Ghajini (2008) were a remake of Sholey (1975).
• The plot in Dhoom 3 (2013) was suspected to be similar to the Prestige (2006).
• Krishh 3 (2013) was inspired by the X-Men (ongoing series)
• Partner (2007) was an adaptation of hollywood originals like Hitch (2005)
• Raaz (2002) was inspired by What lies beneath.
• Karz (1980) was inspired by the Reincarnation of Peter Proud (1975)

Such adaptation is done through valid license agreement in India but such license are not very common when Hollywood movies scripts are adapted by Bollywood movies.

The case of adaptation, R.G. Anand v. Delux Films the court held that one of the most reliable test to determine whether the violation of copyright is done or not, is to see whether the viewer or reader, seen or read and get an impression that a subsequent work appears to be a copy of the original. [9]

Hollywood producers

Due to the negligible overlapping audience the hollywood producers never sought to enforce their copyright. In the recent years this concept has changed with hollywood, as now they see India as a profitable market for their product. In Warner Bros. Entertainment v. Harinder Kohli the bollywood has been accused of trademark infringement, apart from copyright infringement, without licensing from the owner of the most renowned trademark “Harry Potter”.

Copyright

• Copyright is the legal protection given to the creator of an original literary or artistic work. It is the exclusive right granted by the law to the creator of such original work, to do, authorize, or prohibit certain acts relating to such work.
• Cardinal importance for author, music production companies and producer, films production companies, computer programming, artists, architects, composers, and designers are assumed by Copyright.
• Before the signing and the subsequent introduction of the 1957 Act, the Copyright laws of India were governed by the Copyright Act of 1914. This act was linked to the British Copyright of 1911 to India.
• Most of the laws contained in the Copyright Act of 1957 are based on the copyright law of the United Kingdom-specifically the Copyright Act of 1956. India’s Copyright laws comply with copyright protection. The country is a member of the Berne Convention of 1886, the Universal Copyright Convention of 1951 and the Agreement on Trade-Related Aspects of Intellectual Property Rights Agreement of 955.[3]

How Adaptation is Different from copying

Sometimes, the term “adaptation” and “copying” are used interchangeably. This has led to a lot of confusion. Comparing and constricting characteristics in one way to understand their similarities and differences. The difference between two are given below.

Classes of Works for which Copyright Protection is Available in India

• Original literary, dramatic, musical and artistic work.
• Cinematograph films
• Sound recording
• Artistic work
• Musical work
• Sound recording
• Coverage for Government work
• Author [4]

Derivative

1. Derivative work is a work based upon one or more presiding work which includes motion picture version, sound recording, art reproduction and many others in any other form in which a work may be recast, transformed, or adapted. Adjustment and conversion which as a whole, represent an original work, is a derivative work U.S. 101 is consist of Derivative work. The one is also known as new versions.
2. A derivative work is a work which refers to the work as a whole it is not just about the modifications. Then the other principle provides that the copyright in a derivative work is independent of, and does not affect or augment the scope, subsistence, duration or ownership of, any copyright protection in the material.
3. Derivative work includes the material in the original work, although the copyright in the derivative work extends only to the material contributed by the author of the derivative work, employed in the work under section 103(2). The material employed in the derivative work is part of the copyright derivative work as a whole, but the copyright owner of the derivative-work copyright does not obtain exclusive copyright rights in the material.
4. Under section 106(2) of the Copyright Act, the copyright owner has the right to prepare and authorize others to prepare derivative works based on a copyrighted work. A new copyright into the derivative work bounces into existence upon creation and fixation of the derivative work when the right is given to the other party by the copyright owner.[5]

Conclusion

• Adaptation and Copying are the two different sides of the same coin and have a blurred line of difference between them.
• Adaptation, Derivative and Copying are all the part of the copyright act.
• Adaptation is a practice which results are sustained also it involves a huge planning.
• Adaptation cannot take place with a mere change or with the addition of some matter.
• Copyright is a wider term and Adaptation and Copying are the part of the Copyright.
• Derivative work is based on one or more preexisting work, as musical arrangement, artistic work, picture version, and many other forms in which a work may be recast and transformed.

References:-

[1]copyright.lawmatters.in/2010/10/adaptations-derivations-and.html (Date of visit is 06/02/18 and the time of visit the site is 10:05 AM)

[2]copyright.lawmatters.in/2010/10/adaptations-derivations-and.html (Date of visit is 06/02/18 and the time of visit the site is 10:05 AM)

[3]www.copyright.gov.in/Documents/Copyrightrules1957.pdf (Date of visit is 06/02/18 and the time of visit the site is 10:05 AM)

[4]https://en.wikipedia.org/wiki/Copyright_law_of_India (Date of visit is 06/02/18 and the time of visit the site is 10:05 AM)

[5]https://www.law.cornell.edu/wex/derivative_work(Date of visit is 06/02/18 and the time of visit the site is 10:05 AM)

[6] Indian Copyright Act 1957

[7] Section 14 of Indian Copyright Act 1957 -Indian Kanoon

[8] section 102 [17USC102] includes Derivative Work.

[9] https://indiankanoon.org/doc/1734007/