Copyright Infringement

Overview

Copyright infringement arises when an individual utilizes another person’s original creative content without obtaining permission or authorization. In India, copyright regulations are outlined in the Copyright Act of 1957 and its subsequent amendments.

When an individual reproduces, distributes, exhibits, or performs copyrighted material without the owner’s consent, they violate the owner’s rights. Instances of infringement encompass copying music, movies, literature, or other creative works without permission, utilizing photographs, videos, or graphics without authorization, or sharing copyrighted content online.

In India, copyright holders possess exclusive rights to reproduce, publish, and distribute their works. Unauthorized usage of copyrighted material constitutes a breach of the owner’s rights and may lead to legal repercussions, including civil and criminal penalties. Prior to utilizing another individual’s creative content, it is imperative to secure appropriate permissions and licenses to prevent copyright infringement. Obtaining written consent from the owner, acquiring a license, or utilizing works within the public domain or under fair use provisions are all viable methods to accomplish this.

Define Copyright Infringement

Copyright infringement refers to the unauthorized utilization, replication, distribution, or display of someone’s creative work. This encompasses incorporating a portion of their work into one’s own creation, replicating or disseminating their work without consent. Copyright laws safeguard various forms of creative expression such as literature, music, films, visual arts, photographs, and software. To adhere to these laws, it is essential to seek permission before using someone else’s work. Violating these laws can result in severe penalties including fines or legal actions. Understanding the parameters of copyright infringement is crucial and taking measures to avoid it is imperative.

Documents Required to Fight a Copyright Infringement

  1. Duplicate of the original copyrighted material.
  2. Verification of ownership or authorship of the copyrighted work.
  3. Proof of the alleged infringement, including copies of the infringing material or website links.
  4. A cease and desist letter or DMCA takedown notice issued to the infringing party.
  5. Any correspondence or communication exchanged with the infringing party, such as emails or letters.
  6. Testimonies or sworn statements from individuals with knowledge of the infringement.
  7. Any contracts or agreements associated with the copyrighted work, such as licensing or distribution agreements.
  8. Any pertinent copyright registration certificates or applications.
  9. Documentation of any damages or financial losses incurred due to the infringement, such as sales reports or financial statements.

Types of Copyright Infringement in India

  • Direct infringement: This arises when someone duplicates or reproduces copyrighted material without the owner’s consent.
  • Indirect infringement: This occurs when someone aids or facilitates copyright infringement, such as providing tools or services enabling the reproduction or distribution of copyrighted content.
  • Secondary infringement: This involves the unauthorized sale or distribution of copyrighted works by a party other than the copyright owner.
  • Plagiarism: This takes place when someone presents another person’s work as their own without proper acknowledgment or permission.
  • Piracy: This entails the unauthorized reproduction or distribution of copyrighted material, such as music, films, or software.
  • Infringement on moral rights: This pertains to the violation of the non-economic rights of the copyright owner, including the right to be acknowledged as the author of a work or the right to prevent any alteration or distortion of a work.

Rights of a Copyright Owner

The copyright holder possesses the exclusive rights to perform the following actions with their work:

  • Reproduce the work: This entails making copies of the work in any format, such as printing, photocopying, or scanning.
  • Prepare derivative works: This involves creating a new work based on the original, such as a translation, adaptation, or sequel.
  • Distribute copies of the work to the public: This includes selling, renting, or lending copies of the work to others.
  • Perform the work publicly: This refers to presenting the work in front of an audience, such as in a play or a musical performance.
  • Display the work publicly: This encompasses showcasing the work in a public setting, such as a painting or a sculpture.
  • Digitally transmit the work: This involves making the work available online, such as through streaming a movie or a song.

Law & Government: Who Can Initiate Proceedings for Copyright Infringement?

Legal action for copyright infringement can be initiated by:

  • The owner of the copyright: Whether an individual or a corporation, the copyright owner has the right to pursue legal action against anyone infringing upon their copyright.
  • Exclusive licensee: If an individual holds an exclusive license to use the copyrighted work, they have the authority to initiate legal proceedings against infringers.
  • Assignee: If the copyright has been assigned to another individual or entity, the assignee can take legal action against copyright infringements.
  • Legal representatives: In the event of the copyright owner’s demise, their legal representative or estate can initiate legal proceedings on their behalf.
  • Copyright Society: In India, various copyright societies, such as the Indian Performing Rights Society (IPRS) and the Phonographic Performance Limited (PPL), are authorized to collect royalties for copyright owners. These societies also have the authority to initiate legal action against copyright infringement.

Copyright Infringement Cases in India

  1. Bata India Ltd vs. Pyare Lal & Anr. (1985)
    Bata India Ltd initiated legal proceedings against Pyare Lal & Anr. for replicating its shoe design. The court sided with Bata India, affirming that the shoe design was distinctive and original, warranting copyright protection.

  2. Delhi Public School Society vs. D.A.V. Public School (2019)
    The Delhi Public School Society filed a lawsuit against D.A.V. Public School for unauthorized use of its logo and name. The court ruled in favor of the Delhi Public School Society, determining that the utilization of the logo and name without permission constituted copyright infringement.

  3. YRF vs Sri Sai Ganesh Productions
    Yash Raj Films (YRF) sued Sri Sai Ganesh Productions for copyright infringement related to the film ‘Dhoom 3,’ alleging the production and distribution of a pirated version. The court favored YRF, mandating Sri Sai Ganesh Productions to compensate for damages.

  4. Hawkins Cooker Ltd vs Magicook Appliances
    Hawkins Cooker Ltd took legal action against Magicook Appliances for trademark infringement, asserting the unauthorized use of the Hawkins Cooker Ltd label on their pressure cooker range. The court ruled in favor of Hawkins Cooker Ltd, prohibiting Magicook Appliances from employing the Hawkins Cooker Ltd label.

  5. Super Cassettes Industries Limited vs YouTube and Google
    Super Cassettes Industries Limited (SCIL) sued YouTube and Google for copyright infringement concerning music videos uploaded and hosted on YouTube without authorization. The court ruled in favor of SCIL, directing YouTube and Google to remove the infringing content and provide compensation.

  6. RG Anand v. Deluxe Films
    RG Anand, the author of the novel ‘Guide,’ filed a lawsuit against Deluxe Films for producing and distributing a film adaptation of the novel without consent. The court ruled in favor of RG Anand, ordering Deluxe Films to pay damages.

  7. University of Oxford v. Rameshwari Photocopy Service
    The University of Oxford brought a legal action against Rameshwari Photocopy Service for copyright infringement related to the reproduction and sale of its textbooks without authorization. The court ruled in favor of the University of Oxford, compelling Rameshwari Photocopy Service to compensate for damages.

Copyright Infringement Notice

A copyright infringement notice is a written communication sent by the copyright owner or their representative to the individual accused of infringing the copyright. Typically, the notice contains the following details:

  • The name and contact details of the copyright owner.
  • The title of the copyrighted work allegedly infringed.
  • Specific details regarding the content believed to be infringing.
  • A demand for the cessation of use of the copyrighted material by the infringer.
  • A warning of potential legal action if the infringer fails to cease the unauthorized use of the copyrighted material.

Instances Where Copyright Infringement Occurs

Copyright infringement transpires when an individual utilizes a copyrighted work without the authorization of the copyright owner. Various scenarios may constitute copyright infringement, including:

  • Unauthorized copying: This involves duplicating a copyrighted work, such as through printing, photocopying, or scanning.
  • Unauthorized distribution: This encompasses selling, renting, or lending copies of a copyrighted work to others.
  • Unauthorized performance: This includes publicly presenting a copyrighted work, such as in a theatrical production or musical performance.
  • Unauthorized display: This involves publicly exhibiting a copyrighted work, such as a painting or sculpture.
  • Unauthorized creation of derivative works: This entails producing a new work based on a copyrighted work, such as a translation, adaptation, or sequel.
  • Unauthorized uploading or downloading of copyrighted works: This comprises uploading or downloading copyrighted works from the internet without obtaining permission from the copyright owner.

Copyright Infringement Examples

Copyright infringement extends into the digital realm, where some common instances include:

  • Online piracy: This involves the unauthorized reproduction and distribution of copyrighted materials online, such as movies, music, and software.
  • Cybersquatting: This refers to the registration of a domain name that is identical or confusingly similar to a trademark or copyrighted work.
  • Deepfakes: These manipulated videos or images create the illusion that someone is saying or doing something they never actually did. Deepfakes can infringe on the copyright of individuals whose likeness is manipulated in the fake.

Legal Actions for Copyright Infringement

Various legal measures can be pursued in cases of copyright infringement:

  • Injunction: A court order requiring the infringing party to cease using the copyrighted work. The copyright owner may seek an injunction to halt further infringement.
  • Damages: The copyright owner can pursue monetary compensation for losses incurred due to the infringement.
  • Account of profits: The copyright owner may demand that the infringing party account for the profits derived from the copyrighted work, requiring them to pay these profits to the copyright owner.
  • Seizure and destruction of infringing copies: The copyright owner can request a court order to seize and destroy copies of the copyrighted work that have been infringed.
  • Criminal action: In cases of severe infringement, criminal prosecution is possible under the law. Penalties for criminal copyright infringement may include imprisonment and fines.

Steps for Infringement Vigilance

  1. Regularly monitor the market to detect any unauthorized use of copyrighted works.
  2. Keep track of competitors and their products to identify potential infringement.
  3. Register the copyright for the creative work to establish legal ownership.
  4. Issue cease and desist letters to parties engaging in infringement.
  5. Seek legal advice and take appropriate legal action, including filing a lawsuit if necessary.

Common Platforms Wherein Infringement Is Taking Place

  1. Social media platforms: Facebook, Instagram, Twitter.
  2. E-commerce websites: Amazon, Flipkart, Snapdeal.
  3. Torrent websites and file-sharing platforms: The Pirate Bay, BitTorrent.
  4. Streaming websites and apps: Hotstar, Netflix, Prime Video.
  5. Print and online publications reproducing copyrighted content without permission.

What Does Not Amount to Copyright Infringement?

Copyright infringement occurs when someone uses copyrighted material without permission, but there are exceptions known as fair use. Fair use allows limited use of copyrighted material without permission under certain circumstances. Courts consider four factors to determine fair use:

  1. The purpose and character of the use, including whether it’s for commercial or educational purposes.
  2. The nature of the copyrighted work.
  3. The amount and substantiality of the portion used in relation to the whole work.
  4. The effect of the use on the potential market for or value of the copyrighted work.

Copyright Infringement Act/Law India

In India, copyright infringement is regulated by the Copyright Act of 1957. According to this Act, copyright encompasses the exclusive rights to perform or authorize various actions concerning a work, including:

  • Reproducing the work in any tangible form.
  • Communicating the work to the public.
  • Performing the work publicly.
  • Adapting the work.
  • Creating derivative works.
  • Distributing copies of the work to the public.
  • Importing copies of the work into India.

Copyright infringement transpires when an individual engages in any of these actions without the consent of the copyright owner. The Copyright Act delineates both civil and criminal remedies for copyright infringement.

Civil remedies for copyright infringement comprise:

  • Injunction: A court order restraining the infringer from further infringing activities.
  • Damages: Monetary compensation paid by the infringer to the copyright owner for losses incurred.
  • Profits: Payment made by the infringer to the copyright owner, accounting for the profits garnered from infringing activities.
  • Account of profits: A court order mandating the infringer to disclose all profits generated from the infringement.

Criminal remedies for copyright infringement encompass:

  • Imprisonment for a maximum of three years.
  • Fine of up to Rs. 2 lakh.

Furthermore, the Copyright Act stipulates certain exceptions to copyright infringement, including:

  • Fair use: Allows limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
  • Use by libraries and archives.
  • Use by governments.
  • Use by individuals with disabilities.

Copyright Infringement in Cyber Law

Copyright infringement in cyber law refers to the unauthorized use of copyrighted material within the digital realm, without the consent of the copyright owner. This encompasses various activities such as:

  • Uploading or downloading copyrighted content without proper authorization.
  • Sharing copyrighted material with others without permission.
  • Reproducing copyrighted content without the requisite consent.
  • Modifying copyrighted material without lawful authorization.
  • Circulating or disseminating unauthorized copies of copyrighted works.
  • Making unauthorized copies of software.
  • Cybersquatting, which involves registering a domain name that resembles a trademark or copyright-protected entity.
  • Creation and dissemination of deepfakes, manipulated videos or images that depict individuals engaging in actions they did not actually perform, potentially infringing on their copyright.

Infringement of copyright within cyber law carries severe repercussions and significantly impacts creative industries. Penalties may include:

  • Civil damages, where the infringer compensates the copyright owner for incurred losses.
  • Criminal penalties, which may involve imprisonment and fines.
  • Injunctions, court orders restraining further copyright infringement.
  • Implementation of technical measures, such as removal of infringing content from the internet or disabling websites facilitating copyright infringement.

In the event of suspected copyright infringement in cyber law, seeking legal counsel is advisable to explore available legal remedies.

To prevent copyright infringement in cyber law, consider the following tips:

  • Obtain explicit permission from the copyright owner before using their work.
  • When uncertain about the necessity of permission, it’s prudent to seek authorization.
  • Limit the use of copyrighted material to non-commercial purposes.
  • Provide attribution to the copyright owner whenever feasible.
  • Refrain from altering or modifying copyrighted works without authorization.
  • Avoid distributing or sharing copyrighted material without proper consent.

Importance of Infringement and Timely Action

Monitoring infringement and taking timely action are crucial for several reasons:

  1. Protecting intellectual property: Monitoring and addressing infringements promptly safeguard the copyright owner’s intellectual property rights.

  2. Preventing financial loss: Copyright infringement can lead to financial losses as infringers may profit from unauthorized use of copyrighted material.

  3. Maintaining market share: Failure to address infringement may result in the loss of market share for the copyright owner, as competitors exploit the unauthorized material.

  4. Establishing legal ownership: Timely action against infringement helps reinforce the legal ownership of the copyrighted work.

  5. Maintaining reputation: Addressing infringement promptly helps protect the reputation of the copyright owner and their creative works.

  6. Avoiding legal consequences: Neglecting to address infringement may result in the loss of legal recourse or liability for damages.

Example of Copyright Infringement:

Consider a scenario where a music composer creates a song and secures copyright protection for it. The song gains popularity and receives widespread airplay on various media platforms. However, another musician plagiarizes the song without permission, makes alterations, and releases it as their own creation.

This act constitutes copyright infringement as the second musician utilizes the original work without authorization and makes unauthorized modifications. The original composer holds exclusive rights to reproduce, distribute, and adapt their work, all of which are violated by the actions of the second musician. Consequently, the original composer can pursue legal action against the second musician for copyright infringement and seek compensation for any resulting losses.

Civil and Criminal Remedies in Case of Copyright Infringement

Civil Remedies:

  1. Injunction: A court order to halt the infringing activity.
  2. Damages: Compensation for losses incurred due to the infringement.
  3. Account of Profits: Recovery of profits obtained by the infringer through unauthorized use of the copyrighted material.
  4. Delivery or Destruction of Infringing Goods: Removal of infringing products from the market.

Criminal Remedies:

  1. Imprisonment: Offenders may face imprisonment for a term ranging from six months to three years.
  2. Fine: Infringers may be fined up to ₹2,00,000 (approximately $2,700).
  3. Seizure and Forfeiture of Infringing Goods: Infringing goods may be seized and forfeited to the government.

Process for Initiating Proceedings:

  1. Notice of Infringement: The trademark owner’s lawyer typically notifies the infringer of the violation and requests cessation of the infringing activity.
  2. Filing a Suit: If the infringer persists, the trademark owner can file a civil suit for copyright infringement in a court with jurisdiction. This must be done within three years from the date of infringement.
  3. Filing a Complaint: In cases of criminal infringement, the trademark owner can file a complaint with the police or magistrate under the Indian Penal Code. This must also be done within three years from the date of infringement.
  4. Evidence and Trial: The trademark owner gathers evidence to substantiate their claim, and the case proceeds to trial where the owner must prove infringement.
  5. Remedies: Successful trademark owners can obtain remedies such as injunctions, damages, or criminal penalties.

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Below are the contact particulars for the Copyright Office in India

Telephone: +91-11-26121402

Email: copyright@nic.in

Address: Copyright Office, Plot No. 32, Dwarka, New Delhi-110078

Instances Where Copyright Infringement Occurs

Copyright infringement transpires when an individual utilizes a copyrighted work without obtaining the copyright owner’s consent. Various scenarios can lead to copyright infringement, but some common instances encompass:

  1. Unauthorised copying: Replicating a copyrighted work, either wholly or partially, without permission. For instance, duplicating a song, book, or movie without authorization constitutes copyright infringement.

  2. Unauthorised distribution: Disseminating copies of a copyrighted work to others without permission. For example, sharing a copyrighted song on a file-sharing platform without authorization is considered copyright infringement.

  3. Unauthorised performance: Presenting a copyrighted work in public without consent. For instance, performing a copyrighted song during a public event without obtaining permission constitutes copyright infringement.

  4. Unauthorised display: Exhibiting a copyrighted work in public without authorization. For instance, showcasing a copyrighted artwork in a gallery without obtaining permission is considered copyright infringement.

  5. Unauthorised creation of derivative works: Producing a new work derived from a copyrighted work without consent. This includes adaptations, translations, or other modifications made to the original work without permission.

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