Copyright Infringement in India

Copyright

Copyright is one of the type of intellectual property rights which helps the author or owner or creator of the inventive work the right to guard and preserve their work. Section 14 of the Copyright Act, 1957 defines the meaning of copyright as the exclusive right to do or authorize to reproduce, duplicate, transcribe and translate either the original work or any substantial part of it. Copyright subsists in original works i.e., literary, dramatic, musical, artistic, cinematographic, sound recording, broadcaster & performer’s rights. The internet has obtainable a risk to humans in a variety of ways. Copyright infringement is one of them. People may have access to millions of websites with a only click and post whatsoever on social media networks by altering someone else’s original work; a typical example of such change is submitting different articles, novel, poem etc.

Copyright Infringement

When someone uses the copyrighted work without the permission of the creator/owner it sums to infringement of the copyright. The owner or creator of the work has exclusive right to either sell his work or license the work to third parties to use the work. However, if someone reproduces, duplicates or uses such work without the permission or license of the copyright holder it shall lead to copyright infringement. The copyright holder has the right to take legal action against such persons for infringing the copyright. Section 51 of the Act enumerates when and what amounts to copyright infringement. Infringement of a copyright is an encroachment on a private domain owned.

Types of Copyright Infringement

Copyright infringement can be broadly classified into two categories:

1. Primary Infringement

2. Secondary Infringement

Primary Infringement

Primary infringement refers to the real act of copying the work of the copyright holder. For example, photocopying a book and then distributing it for commercial purposes.

However, sometimes a person may only copy a part of the work, for example, a paragraph of an article. In such a case, the copyright holder is required to establish two things:

• Substantial Taking

A copyright is infringed only when an unauthorized person copies a substantial part of the work. For example, copying a catchy phrase of a lyricist.

• Casual Connection

The copyright holder must prove that there is a similarity in the works of the copyright holder and the infringer.

Secondary Infringement

Secondary Infringement refers to the infringement of copyright work without actually copying it. This can happen in the following ways:

• Providing a place for Copyright Infringement

• Selling Infringing Copies

• Distributing Infringing Copies

• Importing Infringing Copies

When does Copyright infringement occur?

In India, copyright infringement occurs when-

1. Copies of copyrighted work are made for sale/hire without consent

2. A copyrighted work is executed in a public place

3. Infringing copies are circulated for the purpose of trade and personal gains

4. Public exhibition of infringing copies

5. Infringing copies are imported from another country

What does not amount to infringement?

There are certain performances that do not amount to copyright infringement. However, there are some circumstances that must be fulfilled to ensure that copyright infringement has not occurred. These conditions include the use of a copyrighted work for research, study, criticism, review, news reporting, use in a library, schools, and legislations. Such uses of copyrighted work are permitted without the need to obtain go-ahead from the copyright owner.

Other acts that do not amount to copyright infringement in India are:

1. Fair use: An important defense against copyright infringement, defined under Section 523 of the Copyright Act. The burden of proof of an act of copyright infringement is on the owner

2. Connected judicial proceeding

3. Performance by an amateur club or society, if the performance is in front of a non-paying audience or for the benefit of a religious institution

4. Making sound recordings of literary, dramatic, or musical works under certain conditions

Test for Copyright Infringement

The three aspects that Courts look into while determining the infringement of a copyright is the considerable of the original work copied, what is purpose of copying such work and the likelihood of the opposition between the alleged copied work and the original work. The Indian Courts use the following tests to find if there is an infringement of the copyright or not:

• Total concept and feel test – this is used to govern whether an ordinary observer or the audience is able to recognize the resemblance of that work with the original copyrighted work.

• Extrinsic-intrinsic test – the extrinsic test is used to determine whether there was substantial similarity in general ideas of the original and infringed work whereas the intrinsic test is used to measure the substantial similarity in the protectable expression of both the works.

What happens if you Infringe a Copyright?

Under the Copyright Act, 1957, criminal action against copyright infringement can also be taken. The person found guilty of copyright infringement would be liable for imprisonment for not less than 6 months and may extend up to 3 years, or fine of at least Rs. 50,000 which may extend upto Rs. 2 lakhs. Under the criminal action taken against copyright infringement, a search and seizure of infringing goods may also be ordered by the court and the infringing goods may be delivered to the actual copyright owner.

Remedies for Copyright Infringement

The copyright holder has both civil and criminal remedies under the Copyright Act, 1957 to protect and preserve his/her original work. Section 55 of the Act provides civil remedies for infringement of copyright and the copyright holder can file a suit before the District Court or High Courts claiming for the relief of injunction and damages. Section 63 of the Act enumerates that the copyright infringement is a criminal offence and the prescribes punishment thereunder.

Examples of Copyright Infringement

There are several indexes and sorts of copyright infringement.

• Recording an entire movie at a cinema theatre

• Uploading a video to your company’s official website that contains copyrighted songs or words

• Making use of images with copyright on your company’s official website

• Making use of the copyrighted songs of a music band on your company’s official website

• Completely altering a photograph and uploading it on your company’s official website

How to Avoid Copyright Infringement

Dealing with copyright infringements munches capitals that may be better used elsewhere in your organization. The good news is that there are steps you may take to avoid the consequences of copyright infringement.

Register your copyright

Registering your copyright upsurges your work’s ownership status.

Add a copyright emblem to your work

A copyright notice is a simple technique to alert others that your work is copyright protected. The notification consists of three parts:

• The copyright sign ©, the abbreviation “copr”, or the term “copyright”

• The initially published year of the content

• The copyright holder’s name

Please leave your contact info for future usage

The easiest and cheapest strategy to avoid copyright infringements is to include your contact information so that people may contact you to ask for permission rather than infringing on your copyrighted work.

Put a watermark on your visual creation

A watermark is a graphic that you may add to images or other visual work, and it is often in the shape of white or translucent lettering. It notifies others and possible infringers that the work is yours. You may insert any information you like in the watermark, such as your name, firm’s name, or company logo.

Takedown copyright infringement

Individual authors and companies should make preventative efforts to avoid copyright infringement. However, experience reveals that even if you have such safeguards in place, infringers still can steal and profit from your work. Thanks to modern technologies, scammers find it reasonably easy and appealing to copy items and information.

CONCLUSION

The main purpose of the copyright act is to protect the original work and preserve the rights of the copyright holders. If anyone infringes the original or copyrighted work of the owner/creator, then he/she shall face both civil and criminal liability. Scammers who wish to steal your work now have an easier time committing copyright infringement because of advances in technology. In the worst-case scenario, you may wind up in a protracted court battle over a large quantity of money. As a result, companies would be wise to devise a strategy to safeguard their creative works against piracy. Preventive actions like registering your copyrights are strongly advised, but they do not provide complete protection. Awareness about copyright infringement and copyright laws is important in a developing society, as creativity is an essence of growth. It is important to talk to a copyright lawyer at every stage of dealing with copyrighted work. This includes assistance for filing a copyright application, dealing with copyright infringement and defending the copyright. To sum up, the purpose of copyright is to protect the rights of the creator and provide the incentives and economic benefits to the creator. The scope of copyright extends to the literary or artistic works which demands creativity including Database and computer software.

~Authored by Pallavi Sethi