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.
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.
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:
There are certain acts that do not amount to copyright infringement. Such as
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.
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.
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.
By Virtue of Sec 14 and Sec 51, Following acts shall be deemed to be the violation of Copyright. These rights are as follows:
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