Infringement Of Copyright

Key Takeaways

• Copyright laws provide certain exclusive rights to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
• Copyright owners can take criminal as well as civil cases against any person or entity that infringes on the copyright of work under the Copyright Act.
• Copyright protection is granted to the author for a limited period, i.e. Life of Author + 60 Years.
• There are certain exceptions to copyright infringement like fair use for research, use with permission, connected judicial proceedings, making sound recordings, etc.

Introduction

Intellectual Property Rights (IPRs) are legal rights granted to a person for the creation of creative designs, literary works, symbols, or phrases for a specific period of time. One of the Intellectual Property Rights is Copyright.

What is Copyright

Copyright refers to a set of rights that are automatically granted to the creator of an original work of authorship, such as a book, music, film, or software. The copyright holder, i.e. the original work's creator, has control over his work; he can either sell his rights to others or preserve complete control over his work by refusing to allow others to duplicate or make it. Section 14 of the Copyright Act of 1957 defines copyright as the exclusive right to conduct or authorize the doing of any of the following acts in relation to a work or any significant portion thereof:

Reproduce the work in any form including storing the work in any form

Issue copies of the work to the public

Perform the work in Public

Make any cinematographic film in respect of the work

Translate the work

Make an adaptation of the work

Importance of copyright

• Copyright is important because it grants the owner of the original work exclusive rights to reproduce, duplicate, transcribe, and translate the work.
• The owner has the ability to prevent their original work from being misused and to pursue legal action if infringement occurs.
• The proprietor is the only one who can profit financially from their efforts.
• Owners enjoy the advantages and protection of their creative work, which encourages society to be more creative.

Registration of Copyright

It is not necessary to register a work in order to claim copyright, and it begins when the work is created. However, it is recommended that the work be registered for better protection and to serve as proof in the event of a disagreement.

According to Section 13 of the Copyright Act of 1957, a copyright can only be granted for the original work. Copyright is normally granted for a period of 60 years.

Copyright Infringement

Owners create new material and obtain copyright protection to ensure that their efforts are profitable. The owner has sole ability to sell or lease his work to a third party for use, but if someone replicates or reproduces the copyright holder's work without permission, this can be considered copyright infringement, for which the owner can pursue legal action against the infringer.

Exception to Infringement

Section 52 of the Copyright Act of 1957 provides an exception to infringement.

• Use for personal or private purposes, including research
• Criticism or review of that work, or any other work, is welcome.
• The coverage of current events and current affairs, especially the coverage of a public speech.

Remedies for copyright infringement under Indian Law

Civil remedy: Where copyright in any work is infringed upon, the owner of the copyright is entitled to all such remedies by way of injunction, damages, and accounting, according to Section 55 of The Copyright Act, 1957.

Criminal remedy: The copyright holder can bring criminal proceedings against the infringer under Section 63 of the Copyright Act, 1957, which provides for at least six months of imprisonment, which can be extended to three years, and a fine of Rs. 50,000, which can be up to Rs. 2 lakhs.

If the defendant proves that he was unaware and had no reasonable grounds to believe that copyright existed in the work at the time of the infringement, the plaintiff will not be entitled to any remedy for the whole or part of the profits made by the defendant from the sale of the infringing copies as the court may deem reasonable in the circumstances.

How to Avoid Copyright Infringement

• It is essential to verify all rights and permissions if one is not utilizing an original literary, artistic, or musical work. Many copyright owners allow their work to be used without obtaining direct permission, however, most copyright owners only allow you to use their work after obtaining a license or permission.
• Make careful to utilize copyrighted material for educational or research purposes under the 'fair use' provision.
• Consult a copyright lawyer before obtaining a copyright for your work to ensure that you are not infringing on an already existing work.

Conclusion

To summarise, the goal of copyright is to safeguard the creator's rights while also providing incentives and financial benefits. Copyright protection extends to literary or artistic works that need inventiveness, such as databases and computer software. Although it is not required to register a work in order to be eligible for copyright, it is frequently recommended because it serves as evidence in court.

If someone infringes on someone else's copyrighted work, he will be held guilty for both criminal and civil penalties. However, there are several exceptions to copyright infringement, such as when a person is not needed to get the copyright holder's permission to utilize his work. However, it is always preferable to create original material rather than repurposing someone else's copyrighted work without permission.