<\/span><\/h2>\n\n\n\nCopying<\/strong> \u2013 casual connection, sub-conscious or indirect copying. Sub-conscious copying generally occurs in music and poetry.<\/p>\n\n\n\nSubstantial taking<\/strong> \u2013 unaltered copying, the extent of defendants, alteration, the character of plaintiff’s and defendant’s works, nature and extent of plaintiff’s and defendant’s works, nature and extent of plaintiff’s effort, the manner in which defendant has taken advantage of plaintiff’s work, etc. <\/p>\n\n\n\n<\/span>Limitations of copyright ownership<\/strong><\/span><\/h2>\n\n\n\nCopyrighted work comes with certain restrictions and exceptions. Specifically, the law has a “Fair Use” provision that may allow for the distribution and reproduction of copyrighted material without the owner’s expressed consent.<\/p>\n\n\n\n
Under Fair Use, if the original created work serves to teach, to be discussed and studied, to be reported in the news, or to be commented in public discourse, then it may be disseminated without any legal repercussions. Fair Use serves to balance the owner’s rights versus public interest.<\/p>\n\n\n\n
<\/span>Exceptions to copyright protection:<\/strong><\/span><\/h2>\n\n\n\n- Library and archives<\/strong> – Protected work may be copied for the purpose of its preservation in libraries and archives.<\/li>
- Educational Use<\/strong> – Copyright infringement doesn’t apply to protected work used for learning, instruction or examination. For this purpose, the material may be photocopied, performed and played as part of the public’s education and enrichment.<\/li>
- Temporary copies<\/strong> \u2013 Having back-up copies of a computer program, provided it has been purchased and used lawfully, will not infringe on the owner’s copyright.<\/li>
- Specialized format<\/strong> – Reproducing and distributing copyrighted work in a specialized format for people with disabilities is not a copyright infringement.<\/li><\/ul>\n\n\n\n
<\/span>Terms of protection for copyrighted work<\/strong><\/span><\/h2>\n\n\n\nA creator has copyright protection for his work for as long as he lives. The term of protection, however, ends 70 years after his death. If the creator has collaborated the original work, the term of protection will last 70 years after the last surviving creator’s death. Anonymous or pseudonymous creations, on the other hand, carry a protection term of 95 years from its publication.<\/p>\n\n\n\n
<\/span>How to avoid copyright infringement<\/strong><\/span><\/h2>\n\n\n\nIt’s relatively easy to reproduce and distribute other people’s original work with today’s technology. But the risks of using copyrighted material will not be worth the trouble to your finances, your time, your sanity and peace of mind. Below are some tips on how to avoid copyright infringement and become embroiled in a copyright case.<\/p>\n\n\n\n
Assume there\u2019s always copyright: <\/strong>It is safer to assume that any created work is protected under copyright laws. If you cannot find an explicit statement confirming that the material is for public use, there\u2019s still a good chance that someone already owns the rights to it.<\/p>\n\n\n\nIt would be better to get written consent from the copyright holder if you\u2019d like to use the original material. Make an effort to contact the person or entities concerned to make a deal or negotiate its use.<\/p>\n\n\n\n
Read and research: <\/strong>Some creators were willing to share their material for a price. There are also creators who can grant permission provided that there is proper attribution. If there\u2019s no specific fee or other attribution conditions, you could find the Terms of Use on the owner\u2019s official site. Read and go over the terms and conditions carefully because the crucial details are in the fine line. For instance, while you can use someone\u2019s image for printed materials, such as in magazines, posters or brochures, its copyright or Terms of Use might prohibit the content from being used online.<\/p>\n\n\n\nIf there are no explicit fees, attribution conditions or Terms of Use, then it\u2019s better to assume that there are prohibitions to the material. Once again, your best bet is to contact the owner for the expressed consent.<\/p>\n\n\n\n
Fair Use: <\/strong>However, if you are also aware of your rights under Fair Use, you can still freely take advantage of original work for non-commercial endeavours if you cannot obtain consent. But you need to consider a few variables that might affect your usage.<\/p>\n\n\n\nSource materials from the Public Domain: <\/strong>There are many sources for free-to-use materials under the Public Domain. Search for the ones which can be commercially viable.<\/p>\n\n\n\nCreate your own or pay someone for the original work: <\/strong>If you have the creative or artistic skill, you can create your original materials instead of copying or deriving from other people\u2019s work. If you have the financial resources, then you can also commission other people to be the creators. In this case, you will still hold the copyright under \u201cworks made for hire\u201d or within the scope of employment or contract of the creative.<\/p>\n\n\n\n<\/span>Relevant cases:<\/strong><\/span><\/h2>\n\n\n\nIn
Hindustan Pencils Ltd. v Alpna Cottage Industries, 2001,<\/em><\/strong> the respondents used the similar get up on their pencils which the petitioners were using successfully with goodwill for nearly four decades, viz. red colour with black lines and the design of the \u201cNatraj\u201d. The court held it to be a literal imitation. The minor dissimilarities were indicated only to meet the defence of infringement of copyright. It was held that the artistic work are copies of petitioners artistic works and as such, they are not original works so as to satisfy the test of registration in the Registrar of Copyright. <\/div><\/p>
\n\n\n\nIn
Willam Hill (Football) v. Ladbroke (Football) (1980),<\/em><\/strong> in this case, two of the largest betting companies William Hill and Ladbroke, a dispute arose between these two regarding the infringement of copyright in William hills football coupons “fixed odd”, a sheet of paper on which lists of forthcoming matches were printed. William hill had been using these coupons since 1950. Ladbroke also adopted a similar product for his business. The coupons are depicted in the attached images, along with a table comparing the content. It was held that the defendants had infringed the plaintiff’s copyright in the compilation by reproducing a substantial part of it, even though large parts of it had not been copied, once I idea is committed to writing, no one is entitled to copy it on the basis that it is merely an idea.<\/div><\/p>\n\n\n\n<\/span>Remedies or Solutions available for Copyright Infringement<\/strong><\/span><\/h2>\n\n\n\nAccording to the Copyright Act, 1957, some remedies are provided for infringement of copyright they are as follows:<\/p>\n\n\n\n
- Civil Remedies \u2013 There are civil remedies which provide for damages, , injunctions, delivery and destruction of infringing copies and damages for conversion; a rendition of accounts<\/li>
- Criminal Remedies \u2013 There are criminal remedies which provide for fines, seizure of infringing copies and delivery of infringing copies to the owner; and imprisonment. The following are the series of penal provisions under The Copyright Act, 1957
- Under Section 63, where any person knowingly infringes or abets the infringement of the copyright in work and any other covered under the Act, then, such person shall be punishable with imprisonment for a term not less than six months and which may extend to three years, and a fine of Rs. 50,000 which may extend to Rs. 2,00,000.<\/li>
- According to Section 65A, any person who circumvents an effective technological measure that may be applied to protecting any of the rights conferred by this act. The punishment under this provision is imprisonment that may extend to two years and shall also be liable to fine.<\/li><\/ul><\/li><\/ul>\n\n\n\n
<\/span>The Time-limit for seeking remedies<\/strong><\/span><\/h2>\n\n\n\nThe time limit for filing a suit for damages is three years from the date of such copyright infringement.<\/p>\n\n\n\n
<\/span> Conclusion<\/strong><\/span><\/h3>\n\n\n\nThe copyright Infringement is the remedy available to the owner of original work which is copyright-protected. And if anyone tries to use such protected work without the permission of the owner then in such case that person will be liable to infringement. <\/div><\/p>\n","protected":false},"excerpt":{"rendered":"
Copyright is intellectual property; if a person owns the copyright to something; it means quite simply, that he has a right to decide who can make a copy. Copyright is “Right to copy”. Copyright does not subsist in ideas, concepts, principles, procedures, etc. it subsists only in the material form in which the ideas are […]<\/p>\n","protected":false},"author":10,"featured_media":1543,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[23,1],"tags":[],"class_list":["post-1541","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-copyright-intellectual-property-rights","category-legal"],"acf":[],"yoast_head":"\n
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