What is ‘Adaptation’ Under Copyright Law?

In copyright law, the term “adaptation” refers to the transformation of an existing work into another form while maintaining its original essence. Adaptation is a common concept in the creative industries, especially in literature, film, music, and other artistic domains, where works are often repurposed to suit different formats, audiences, or platforms. However, the legal boundaries between lawful adaptation and copyright infringement are delicate and complex. 

Copyright law seeks to protect the rights of creators while also allowing for the evolution and re-interpretation of existing works under certain circumstances. This article explores the legal concept of adaptation, its scope under copyright law, and the various challenges that arise in its application, with a particular focus on Indian copyright law.

Understanding Copyright

Copyright is a legal right granted to creators of original works, including literary, artistic, dramatic, and musical compositions. It gives authors, composers, and other creators exclusive rights over the use, distribution, reproduction, and public performance of their works. Copyright protection is meant to safeguard the intellectual property of creators, allowing them to control how their works are used and to profit from their creative efforts.

The primary function of copyright law is to protect the creator’s work from unauthorized use by others. Copyright law, however, does not protect ideas, procedures, or methods. Instead, it protects the specific expression of an idea. For instance, a basic idea for a detective novel cannot be copyrighted, but the particular plot, characters, and dialogue used in a novel can be.

In India, copyright is governed by the Copyright Act, 1957, which defines the scope of copyright protection and the rights granted to creators. The Act provides protection to various forms of works, including literary works, artistic works, cinematograph films, sound recordings, and software programs.

What is Adaptation?

Under copyright law, adaptation refers to modifying or changing the format of an existing work to create another work. Adaptation involves taking a copyrighted work and transforming it into a new form, such as converting a novel into a film, a book into a play, or a song into an instrumental version. The essence of the original work is retained, but the format or medium is changed to reach a new audience or serve a different purpose.

Adaptation is generally considered a derivative work, which is a work based on one or more pre-existing works. Derivative works, including adaptations, enjoy copyright protection, but only to the extent that they contain original contributions from the adapter. The copyright in a derivative work does not affect the copyright in the original work.

For example, when a filmmaker adapts a novel into a movie, the filmmaker may obtain copyright protection for the elements they contribute to the adaptation, such as the script, cinematography, and direction. However, the original author of the novel retains the copyright to the underlying work, and the filmmaker must obtain permission to adapt the novel.

Adaptation Rights Under the Indian Copyright Act, 1957

In India, the right of adaptation is expressly provided for under the Copyright Act, 1957. Section 14 of the Act grants the owner of the copyright exclusive rights over their work, including the right to reproduce the work, distribute it, and make adaptations or derivative works. The definition of copyright under Section 14 includes the right to do or authorize the doing of any of the following acts in relation to a work:

1. In the case of a literary, dramatic, or musical work:
   • To reproduce the work in any material form, including electronic or digital formats.
   • To make any adaptation of the work.
2. In the case of an artistic work:
   • To reproduce the work in any material form, including in the form of an adaptation.
3. In the case of a cinematograph film or sound recording:
   • To make any adaptation of the film or recording.

Section 2(a) of the Copyright Act, 1957 defines “adaptation” as:

• In relation to a literary or dramatic work, the conversion of the work into a non-dramatic work or vice versa.
• In relation to a musical work, the arrangement or transcription of the work.
• In relation to an artistic work, the conversion of the work into a different medium or format.

The right to adapt a work, therefore, is one of the exclusive rights conferred upon the copyright owner. This means that anyone wishing to adapt a copyrighted work must obtain permission from the owner, typically through a license agreement. Failure to do so may result in copyright infringement.

Derivative Works and Adaptations

Adaptation is closely related to the concept of derivative works, which are new works that are based on pre-existing works. Derivative works may include translations, adaptations, abridgments, and other forms of modifications. Under copyright law, derivative works are protected as original works, but only the new elements added by the creator of the derivative work are protected. The underlying original work remains protected by its original copyright.

For instance, a translation of a novel from one language to another is considered a derivative work. The translator may hold the copyright to the translation, but the original author retains the copyright to the original novel. Similarly, when a film is adapted from a novel, the screenwriter may hold copyright to the screenplay, but the novelist retains the copyright to the original story.

One important distinction between adaptations and other derivative works is that adaptations generally involve a change in the format or medium of the work, while other derivative works may involve modifications without a change in format.

Challenges in Determining Adaptation vs. Infringement

One of the most challenging aspects of copyright law is determining when an adaptation crosses the line into copyright infringement. While adaptation is allowed if done with the permission of the copyright owner, unauthorized adaptations or derivations may be considered infringement.

Copyright infringement occurs when a person reproduces, distributes, or performs a copyrighted work without permission. In the case of adaptations, infringement occurs if the adaptation involves substantial copying of the original work without the authorization of the copyright owner.

Several legal tests have been used to determine whether an adaptation constitutes infringement. In India, the Supreme Court’s decision in R.G. Anand v. M/s Delux Films (1978) laid down an important precedent. The court applied the “ordinary observer test,” which examines whether an ordinary reasonable person would recognize substantial similarities between the two works. The court ruled that if the similarities between the original and the allegedly infringing work are fundamental and substantial, the work would constitute infringement. However, if the similarities are minor and incidental, the adaptation may not be considered an infringement.

In another landmark case, Twentieth Century Fox Film Corporation v. Zee Telefilms Ltd. (2001), the Bombay High Court held that copyright infringement occurs only when the adaptation or derivative work takes substantial portions of the original work in a manner that appropriates its essence. The court also noted that mere similarity in ideas, themes, or subject matter is not sufficient to establish infringement. The adaptation must substantially copy the original expression of those ideas.

The Role of Licenses in Adaptation

Licensing plays a crucial role in lawful adaptation. As the exclusive owner of the right to adapt a work, the copyright owner can grant permission to third parties to create adaptations of the work. This is typically done through a licensing agreement, which specifies the scope of the adaptation, the terms of use, and any royalties or payments that must be made to the copyright owner.

For instance, a film studio that wants to adapt a novel into a movie must obtain a license from the author or publisher of the novel. The license agreement may include provisions regarding how much of the original story can be used, whether the characters or plot elements can be modified, and how the author will be compensated.

In the absence of a proper license, the adaptation would be considered an infringement of the author’s copyright, and the adapter could face legal consequences, including injunctions, fines, and damages.

Conclusion

Adaptation is an essential aspect of the creative process, allowing works to evolve and reach new audiences in different formats. However, it is also a concept fraught with legal challenges, particularly in distinguishing lawful adaptation from copyright infringement. Under Indian copyright law, adaptation is recognized as a separate right, allowing copyright owners to authorize or prohibit the transformation of their works into different formats or media.

The legal framework surrounding adaptation aims to balance the rights of original creators with the creative freedom of those who wish to adapt existing works. To avoid copyright infringement, it is crucial for adapters to obtain proper licenses and respect the intellectual property rights of the original creators. As the creative industries continue to evolve, the concept of adaptation will remain a central and contested issue in copyright law, requiring ongoing attention from legal professionals and creators alike.