COPYRIGHT INFRINGEMENT
INTRODUCTION
Copyright Act, 1957 and the Copyright Rules, 1958 are the governing law for copyright protection in India. Indian copyright law is in uniformity with the international standards as contained in the TRIPS Agreement. The Copyright Act, 1957, following the amendments in 1999, 2002 and 2012, fully exhibits the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a party. Also, India is a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is a dynamic member of the World Intellectual Property Organization (WIPO) and United Nations Educational, Scientific and Cultural Organization (UNESCO). At Knowledgentia Consultants, which is the best corporate international law firm in India, we provide copyright registration services in India as well as facilitate seamless registrations globally in other countries party to Berne Convention.
WHAT IS COPYRIGHT?
Copyright refers to a bundle of exclusive and assignable legal rights, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical work. The intellectual property protection is granted to the creators of original works of authorship such as literary works, including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium, dramatic, musical and artistic works, cinematographic films and sound recordings.
WHAT IS COPYRIGHT INFRINGEMENT?
As per Copyright Act, 1957, Copyright Infringement means the unauthorized use of copyrighted work without the permission of owner. According to Section 51 of the Act, Copyright is deemed to be infringed:-
- If a person without obtaining any permission from the copyright holder (original owner) does any act which only the owner of copyright is authorized to do.
- If any unauthorized person permits imports/exports or distribution or exhibition of the infringing work
- If anunathorised person without obtaining any permission from the copyright holder reproduces his/her work in any form.
Basically there are 2 types of Copyright Infringement:-
| PRIMARY INFRINGEMENT | SECONDARY INFRINGEMENT |
|---|---|
| • Primary infringement refers to the real act of copying the work of the copyright holder. | • Secondary infringement refers to the infringement of copyright work without actually copying it. |
| • For example: Photocopying a book and then distributing it for commercial purposes/use. | • For example: Selling, Distributing or Importing infringing copies of the copyright holder. |
What are the exemptions to the Copyright Infringement?
As per Section 52 of the Copyright Act various exemptions for copyright infringement have been outlined:
- Fair dealings with works: Fair dealing with works excluding computer progarms, is not considered copyright infringement. Moreover, fair dealing is allowed for the purposes such as:
- Private and personal use, including research;
- Criticism or review of such work or any other work;
- Reporting current affairs/current events or including public lectures
- Reproduction of any cinematography films or broadcasts or any photography.
- Reproduction of court cases or reports of judicial proceedings.
- Reproduction or publication of any work created by the Secretariat of the Legistature
- Reproduction of any work in a certified copy, created or provided in compliance with the prevailing laws.
- Publication of any material intended for educational institutions.
TYPES OF REMEDIES
| CIVIL REMEDIES | CRIMINAL REMEDIES |
|---|---|
| • When a copyrighted work has been infringed, the copyright owner is entitled to remedies of injunction, damages and accounts. | • According to Section 63 of Copyright Act, 1957, if a person found guilty of willfully violating copyright work will be sentenced to at least 6 months of imprisonment and a fine of minimum 50,000 rupees. |
| • Injunction: An injunction means a judicial process through which the infringer is restrained to continue the infringing acts or is ordered to restore the position as before the infringement. | • If a person is found guilty under Section 63A of Copyright Act, 1957, he/she shall be sentenced to imprisonment for a term not less than 1 year and a fine that cannot be less than 1 lakh rupees due to the widespread copyright infringement. |
| • Damages: Damages are compensation provided to the copyright owner. The purpose of providing the damages to the copyright holder is to restore the owner to the earlier position. | • According to Section 63B, a person who intentionally uses an illegal copy of computer software shall be sentenced to imprisonment of minimum 7 days and a fine atleast 50,000 rupees. |
| • Accounts: The infringer can be asked to submit an account of profits made from the sale of the copied works and pay such an amount to the copyright owner. |
CONCLUSION
The purpose of copyright is to protect the rights of the original creator .The scope of copyright extends to the literary or artistic works which demands creativity including Database and computer software. The registration of work is not necessary to be eligible for copyright however, it is often advisable to register the work because it serves as an important evidence in the court. If a person infringes the copyrighted work of someone then he will be liable for both the criminal liabilities and civil liabilities. However, there are certain exceptions to the copyright infringement i.e. in certain cases a person is not required to obtain the permission of the copyright holder to use his work. However, it is always advised to produce the original work and not to use someone’s copyrighted work without permission.Knowledgentia Consultants which is the best law firm in India, can help us navigate the way out of all legal complexities in an easy and a smooth manner. We are your one-stop solution for all kinds of legal, compliance and supplemental matters concerning copyright registrations.. In case of any query regarding this matter you may email us at info@knowledgentia.com or visit our website –https://knowledgentia.com/.
