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Copyright Infringement In India

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Overview

  • Copyright infringement occurs when someone uses another’s original creative work without permission or authorisation. In India, copyright is governed by the Copyright Act of 1957 and its amendments.
  • When someone reproduces, distributes, displays, or performs copyrighted work without the owner’s consent, they infringe on the owner’s rights. For example, copying music, movies, books, or other creative works without permission, using photographs, videos, or graphics without permission, or uploading or sharing copyrighted content online are examples of copyrighted content.
  • In India, copyright owners have the exclusive right to reproduce, publish, and sell their work. Any unauthorised use of copyrighted material violates the owner’s rights and could result in legal action, including civil and criminal penalties. Before using another’s creative work, it is important to obtain the appropriate permissions and licenses to avoid copyright infringement. Obtaining written consent from the owner, obtaining a license, or using works in the public domain or covered by fair use are all ways to accomplish this.

Types of Copyright Infringement in India

Here are some of the types of copyright infringement in India:

  • Direct infringement: This occurs when someone copies or reproduces a copyrighted work without permission from the owner.
  • Indirect infringement: This occurs when someone contributes to or facilitates copyright infringement, such as providing equipment or services that enable the copying or distribution of copyrighted material.
  • Secondary infringement: This refers to the unauthorised sale or distribution of copyrighted works by someone other than the copyright owner.
  • Plagiarism: This occurs when someone presents someone else’s work as their own without giving proper credit or permission.
  • Piracy: This involves the unauthorised reproduction or distribution of copyrighted material, such as music, movies, or software.
  • Infringement on moral rights: This refers to the violation of the non-economic rights of the copyright owner, such as the right to be recognised as the author of a work or the right to prevent any distortion or mutilation of a work.

Process for Initiating Proceedings

  • Notice of Infringement: The first step is to notify the infringer of the trademark violation and ask them to stop the infringing activity. This is usually done by a lawyer representing the trademark owner.
  • Filing a Suit: If the infringer fails to stop the infringement, the trademark owner can file a civil suit for trademark infringement in a court having jurisdiction. The suit must be filed within three years from the date of infringement.
  • Filing a Complaint: If the infringement is criminal in nature, the trademark owner can file a complaint with the police or a magistrate under the Indian Penal Code. The complaint must be filed within three years from the date of the infringement.
  • Evidence and Trial: The next step is to gather evidence to support the trademark owner’s claim. The case will then proceed to trial, where the trademark owner will need to prove that their trademark was infringed upon.
  • Remedies: If the trademark owner is successful, they can obtain the appropriate remedies, such as an injunction, damages, or criminal penalties.

 

What Documents You Need to Fight a Copyright Infringement?

  • A copy of the original copyrighted work
  • Proof of ownership or authorship of the copyrighted work
  • Evidence of the alleged infringement, such as copies of the infringing work or website links
  • A cease and desist letter or DMCA takedown notice sent to the infringing party
  • Any correspondence or communication with the infringing party, including emails or letters
  • Witness statements or affidavits from anyone who has knowledge of the infringement
  • Any contracts or agreements related to the copyrighted work, such as licensing or distribution agreements
  • Any relevant copyright registration certificates or applications
  • Documentation of any damages or financial losses incurred as a result of the infringement, such as sales reports or financial statements.

Steps for Infringement Vigilance & What Are the Common Platforms Wherein Infringement Is Taking Place?

Steps for Infringement Vigilance
  • Monitor the market regularly to check for any unauthorised use of copyrighted works
  • Please keep track of competitors and their products to identify potential infringement
  • Register the copyright for the creative work to establish legal ownership
  • Issue cease and desist letters to infringing parties
  • Seek legal advice and take appropriate legal action, such as filing a lawsuit, if necessary
Common Platforms Wherein Infringement Is Taking Place
  • Social media platforms like Facebook, Instagram, and Twitter
  • E-commerce websites like Amazon, Flipkart, and Snapdeal
  • Torrent websites and file-sharing platforms like The Pirate Bay and BitTorrent
  • Streaming websites and apps like Hotstar, Netflix, and Prime Video
  • Print and online publications that reproduce copyrighted content without permission

Timeline

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Frequently Asked Questions (FAQs)

An example of copyright infringement is when someone reproduces, distributes, performs, or uses copyrighted material (such as text, music, or images) without permission from the copyright holder, in violation of their exclusive rights.
To write about copyright infringement, you should describe the unauthorized use or reproduction of copyrighted material, explain the legal consequences, and discuss how to prevent or address such infringements.
Copyright is a legal protection granted to the creators of original works, giving them exclusive rights to reproduce, distribute, and display their work. An example is a musician holding the copyright to their original song, granting them control over its use and distribution.
Section 107 of the Copyright Act in the United States contains the Fair Use doctrine, which allows limited use of copyrighted material without permission for purposes like criticism, comment, news reporting, teaching, scholarship, and research, provided it meets certain criteria.
Section 72 of the Copyright Act in India allows the owner of the copyright in any work to give up their rights temporarily to the extent and in the manner specified in a license.
Section 75 of the Copyright Act in India deals with the penalty for making a false entry in the Register of Copyrights or the particulars of a work.
One of the most common forms of copyright infringement is online piracy, where copyrighted movies, music, software, and other digital content are illegally copied, shared, or downloaded without permission from the copyright owners.
There have been numerous significant copyright cases, and the ‘biggest’ can vary based on different criteria. One notable example is the ‘Blurred Lines’ case (Williams v. Gaye), where musicians Pharrell Williams and Robin Thicke were sued for alleged copyright infringement of Marvin Gaye’s song ‘Got to Give It Up.’ The case garnered significant attention and resulted in a multimillion-dollar verdict.
Yes, copyright infringement is illegal. Copyright is a form of intellectual property that grants the creator of an original work exclusive rights to control its use and distribution. Any unauthorised use of a copyrighted work without the owner’s permission, such as reproducing, distributing, or creating derivative works, is considered copyright infringement and can be subject to legal action.
 

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