Upgrad LLM

copyright violation


Few weeks back one of my friend tried to sell a game and its addon online.

The owner of the game is microsoft. And its add on are created by some persons.

The problem now is the game was a very old one(came in 2000) and even microsoft would have forgot and discontinued the support for it.

person who designed the addon is creating the problems. He is threatening my friend to file a cybercrime case against him.

As per my knowledge even if he wants to open a copyright violation it comes under civil litigation. Is it possible for opening a criminal case against him.??

 

Please clarify me following questions.

Does a person own copyright for everything he creates.?? like games add on for game.?

If the item is made freely available in the website without any restriction or cost, then does copyright still applicable for that one.?

Is it necessary for a person to register the work for having copyright ownership as per IPC.??

 

 

Thanks a lot..

 
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Advocate

Violation of Copy right Act is civil in nature whereas if that violation is intended for gain causing monitory loss to the opponent  then it is an offense under the criminal law. In criminal law mens rea and actus reus i.e.,intention are two essential elements.  Cyber Crime is a criminal act.

 
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Advocate

Until the trade mark is not registered, it has no validity, therefore violation of copy right act cannot be construed.

 
Reply   
 

Hello Senthil

Answer to queries:

1. Yes

2. Yes. You cannot claim ownership of anybody else's work. 

3.Registration of copyright is not necessary either for the subsistence or for the enforcement of copyright. However, it is advisable to 

register the copyright in the work.
 
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