Copyright Infringement under copyright act 1957

Copyright Infringement under copyright act 1957

 

Copyright originated from the word “copier of words”. Copyright refers to the protection of several rights granted to the Owner of Intellectual property. It leaves creator of original work with the right to determine when and under what circumstances the original work will be used by others. Copyright registration ensures certain minimum safeguards to the right of authors over their creations thereby protecting and rewarding creativity. Copyright induces authors, writers, designers, dramatist, musician, computer programmers to create more and more creative and innovative works and grant them protection through the provisions of copyright infringement. Thus, Copyright Act 1957 creates an environment conducive to creativity and paves a way for the upliftment of new ideas as well as throws light on innovation and revolution. There are two kinds of Copyright i.e., Intellectual property rights and Industrial rights.

 

Infringement of Copyright

Copyright shall be deemed to be infringed if anyone uses the original work protected by copyright law without getting approval or permission from the owner of that work violating certain rights imparted to the owner under the Copyright Act, 1957.  These protected rights are right to produce, distribute, reproduce etc., the protected work. The Copyright Holder is typically the work creator or publisher or other businesses to whom copyright has been assigned. Copyright holders have the right against every person who invoke any sort of copyright infringement against his original work.

Infringement of copyright will occur in following cases:

1. When any person, without  a license granted by the owner of the copyright or the registrar of copyright under this Act or in contravention of the conditions of the license so granted under this Act

2. Does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or

3. Permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright under either of the following circumstances:

  • Makes for sale or hire, or sells or let to hire, or by way of trade displays or offers for sale or hire, or
  • Distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or
  • By way of trade exhibits in public
  • Makes an import into India any infringing copies of the work; provided that nothing in this Act shall apply to the import of two copies of any work, other than a cinematographic film or record, for the private and domestic use by the importer.

 

Which acts does not cause copyright infringement in India?

There are certain acts that do not amount to copyright infringement. Such as

  • Reproducing the work in judicial proceedings
  • Publication of work for educational purpose
  • Artistic work use in cinematography film
  • Reproduction of article in newspaper, magazines
  • Reproducing the work after obtaining copyright license from owner
  • Matters published in official gazette
  • Reproduction for library use for research or private study

  

How to avoid Copyright Infringement?

1. Make Sure that you use a copyrighted work under the any of the above mentioned scenarios, under which there will be no copyright infringement, even if you use without owner permission.

2. When getting a copyright for your work, consult a copyright lawyer to make sure that you are not infringing an already existing work.

 

What happens if you infringe a copyright?

1. Under the Copyright Act, the criminal action against Copyright Infringement can also be taken. The person found guilty of copyright infringement would be liable for punishment for imprisonment not less than 6 months & upto 3 years, or fine of at least Rs. 50000 to Rs. 2 Lakhs.

 

2. Under the criminal action 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.

 

Copyright of Artistic Work

It has been defined under Sec 2 (C) of the artistic of the Copyright Act,  1957. Artistic Work includes maps, paintings, drawings, designs, photograph, sculpture as are covered by copyright.

Meaning of Copyright In artistic work

  1. To reproduce the work in any material form including depiction in any other dimension different previous original copies
  2. To communicate the work to the public
  3. To include the work in any cinematographic meaning
  4. To issue copies of the work to the public not being copies already in circulation
  5. To make any adaptation of the work
  6. To do in relation to any adaptation of the work

 

Infringement of Artistic Work under copyright act

By Virtue of Sec 14 and Sec 51, Following acts shall be deemed to be the violation of Copyright. These rights are as follows:

  1. Reproducing any copyright work.
  2. Issuing copies of work to the public.
  3. Communicating the work to the public.
  4. Copying any substantial part of original work without the permission of Owner of Copyright prejudicially affecting owner’s interest. However, What is substantial is a matter of judgement.

 

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