Ultimate Guide to Copyright Infringement

Copyright is an intellectual property represented by the © symbol. A copyright gives the owner of the literary, dramatic, musical or artistic work the exclusive right to reproduce, distribute, display, or make derivates. Illegally using such copyrighted work leads to copyright infringement. In this article, we’ll be looking into copyright infringement, and it’s intricacies.

Copyright Infringement

The Copyright Laws in India protect the owners of the original work. The basic motto behind this law is that the creator owns the rights to that work.

The Copyright Act, 1957, does not define copyright, but it generally means the right to copy.   And if someone uses the copyrighted work without the permission of the owner, it amounts to copyright infringement. In other words, when a person intentionally or unintentionally copies the work of others without giving them due credit, copyright infringement takes place.

When there is actual copying, then it amounts to primary infringement. But if someone is selling a pirated book, importing the copyrighted work, etc. then it said to be a secondary infringement.

Intellectual property rights are the legal rights enjoyed by a person for his work in artistic and literary work. 

What can be copyrighted?

Section 13 of the the Copyright Act, 1957, stipulates the work which can be copyrighted-

1. Literary work
2. Dramatic work
3. Musical work
4. Artistic work
5. Cinematograph films
6. Sound recordings

Types of Copyright Infringement

Following are a few cases of copyright infringement-

• Copying work which is available for sale or hire without the permission of the owner.
• Performing a copyrighted work at a public place.
• Distribution and public exhibition of copyrighted articles.
• Import of copyrighted work from another country to India.

What is not covered by infringement?

If the copyrighted work are used for research, study, review, library, schools or legislation’s, then such use is permitted and is not covered by copyright infringement. Furthermore, there is no need to obtain the permission of the owner of the copyright.

Following acts do not amount to infringement of copyright in India-

1. When there is a fair use.
2. If the work has any connection with judicial proceedings.
3. When the work is performed at some amateur club or society in front of a non-paying audience.
4. If making sound recordings of literary, dramatic or musical works under certain conditions.

What to do if there is a Copyright Infringement?

If there is a copyright infringement, the first thing the aggrieved party should do is send a legal notice to the one infringing the copyright. If there is an online copyright infringement, then a takedown notice is sent to the person/company. If you are the owner of the copyright, you can also take civil and criminal actions.

Civil actions against infringement can be taken under section 55 of the Copyright Act, 1957. One can opt from the following reliefs-

Interlocutory Injunction

Under this, it prevents the copyright infringer from doing anything which would lead to infringement.

Financial relief

Section 55 and section 58 of The Copyright Act, stipulates three remedies i.e., profits from infringement, compensatory damages, and conversion damages. These financial reliefs are available when there is a case of infringements.

Anton Pillar Order

Anton Pillar Order has a restraining power. It restrains the infringer by an injunction from dealing with the infringing goods. The owner of the copyright can enter and search the premises of the infringer and look for the goods. Moreover, the infringer has to tell the names of the suppliers and customers. Lastly, the defendants are directed to disclose the names and addresses of the suppliers and consumers.

Mareva Injunction

The Mareva injunction comes into picture when the Court believes that the defendant is trying to obstruct the proceedings. The Court can give directions for placing the property under the Court’s disposal. This has been specifically said under Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908. Under this the Court gets the temporary custody of the goods.

Norwich Pharmacal Order

This order helps to discover the information from the third party.

Jurisdiction of Courts

The plaintiff can file a suit for copyright infringement in the District Court or High Court within whose jurisdiction the plaintiff resides, or conducts business or where the cause of action has arisen.

Limitation Period for Copyright Infringement Cases

One can file the case for infringement within three years from the date of infringement of copyright.

Punishment for Copyright Infringement

• The infringement of copyright is a cognizable offense; the authorities have the power to arrest without the warrant and start investigations with or without permission of Court.
• The owners of copyright can take legal actions against people who infringe the copyright. Under The Copyright Act, 1957, if a person is found infringing a copyright, he would be liable to a punishment of 6 months to 3 years or fine of minimum Rs. 50,000 to a maximum of Rs. 2 Lakhs.
• If the person knowingly abets infringement then it will be deemed to be a criminal offense. The minimum punishment is for 6 months imprisonment with Rs. 50,000/- fine. If the person is liable to second or subsequent conviction, then there is an imprisonment for one year with Rs. 1 Lakh fine.

Key points for Infringement

• If there is a criminal action, then the Court can order a search and seizure of infringing goods and it may be delivered to the rightful owner.
• The owner can file for civil remedies by way of injunction, damages, etc. He can apply to Courts not inferior to Metropolitan Magistrate or Judicial Magistrate First Class.
• If there is an infringement by any private limited company or a limited liability partnership, then all the persons in charge will be responsible for infringement and liable to punishment.

Tips to Avoid Infringement of Copyright

• When using someone else’s literary, artistic, or musical work, then it is very important to check the license and permissions.
• You have to make sure that you fairly use the copyrighted work.

Conclusion

Preventing oneself from copyright infringement is not easy. Nowadays, anybody can copy your work from anywhere. The Copyright Laws protect us from infringement. It is important to safeguard your hard work for the growth of our developing society. Therefore, if you facing infringement of your copyrighted work, then talk to a lawyer about it.

For more information, you can contact our team of experts at LawyerINC.