Law relating to copyright is governed by the Copyright Act, 1957.
Copyright is generally granted for artistic, musical and dramatic works
and thereby includes computer programme, performer’s rights, sound
recordings, chorographical works and cinematographic works. It is the
protection granted to the expression of ideas. Such kind of protection
enables the original authors, writers, directors, composers, designers
and others covered under copyright to retain their originality and also
encourages many others to create or work upon their ideas. Copyright
being one among the other intangible rights protected under law does not
entirely create a monopoly and restrict the distribution of the works.
It, however grants protection to the original copyright owner over
others in case of piracy or duplicity.
Now a question arises as to whether instruction manuals are
copyrightable? To answer this question we must first understand what all
things are included under literary work. Section 2 (o) of the Copyright
Act defines ‘literary work’ and it includes “computer programmes,
tables, compilations including computer databases.”1The work to
avail copyright protection must be original and creative/ unique.
Further a matter to be considered as copyrightable must be expressed in
print or writing or in the form of some symbols or notations. In the
case of ** Exxon Corp v. Exxon Insurance International Ltd ** 2 ** . **
it was observed that “a literary work is something that provides
information or instructions or pleasure in the form of literary
enjoyment.
Indian Copyright laws have been amended a couple of times to bring it at
par with the International treaties whether in area of technology or
satellite broadcasting. Present laws are not just confined to the
traditional meaning of copyright covering literature works or dramatic
plays. It also extends to other works which involves a creative element.
Even at the international level the earlier approach was restrictive,
but it was eventually overturned by appeals or through fresh trials. One
such example is the case of * Situation Management Systems v. ASP Consulting LLC.* 3 ** , ** wherein SMS filed a suit against the
latter for using the former’s training manuals which were created for
effective negotiation and communication with the employees. The trial
court threw the case out but the Circuit of Appeals broadened the scope
of copyright thus including the manuals under the ambit of copyright.
Here, the court came to the conclusion by analyzing the requirements of
originality and idea/ expression dichotomy. When it comes to
originality, even though it is not explicit, one cannot deny that the
graphs, diagrams, the way of expressing the instructions did not involve
originality or creativity. It did have these elements and thereby the
instruction manuals come under the ambit of ‘literature’ for the
purposes of copyright.
In India the instruction manuals can avail copyright protection because
it involves considerable amount of skills, labor and judgment.
Instruction manuals are more or less technical and bound to have some or
the other similarities. In the famous case of ** R.G Anand v. M/S Delux Films **4, it was observed that when similarities are bound to
happen, it is necessary to find out whether such similarities are
substantial in nature or not. If it is substantially the same then the
infringement suit will lie against the respondents. So, it is really
tough for instruction manuals to avail the protection. However, if it
meets the creativity and originality standard it can surely avail the
copyright protection.
Conclusion
The copyright laws in India are strong and broad enough to cover not
only the traditional areas but also the non- conventional spectrum. With
the ever- increasing modern day challenges, the laws also must be
equipped to resolve the issues.
Generally, when one goes through manuals or handbooks people do not
think that it is copyrightable and tends to copy it unintentionally.
But, one must be really careful while copying. Even though with the fair
use exception there are pretty high chances of getting involved in a
copyright issue.
In India there are little to no cases of copyright infringement in
relation to instruction manuals or handbooks, although we can expect
that in future with the advancement of law and awareness about it, there
can be issues. Thereby, it is beneficial to be prepared to face the
hurdles well in advance.
