For all intents and purposes, when it comes to the matters of copyright infringement, the matters of this become sort of confused. To that end, it is necessary to know how far does copyright infringement goes. However, with this blog, we hope to provide you with some clarity regarding this matter through proper explanation regarding almost every aspect of copyright registration in India and what it does protect.
What is copyright protection?
A copyright protection is a protection given to creations with their roots in creativity. Now, when we talk about creative creations, we are talking about the following:
- Works of literature
- Works of drama
- Works of Music
- Works of art like painting.
- Sound recordings.
With copyright protection, you get exclusive right to your own work. These rights entail the following:
- Rights to reproduce the work
- Rights to distribute the work
- Rights to perform the work (if the creation is either music or a song or some cinematography)
With copyright protection, you can make sure that your creations are not copied by anyone else. Furthermore, if anyone does do that, they would have to turn the profits of your creations to you.
What is copyright infringement?
A succinct definition of this will be the use of a copyrighted material without the permission of the owner who has the access to the actual copyright. In case the work is a derivative of the copyrighted work, it is still considered to be infringement.
What are the types of copyright infringement?
The Types of copyright infringement are as follows:
- Primary infringement:
It means that the original piece of work has been copied.
- Secondary infringement:
It means that the original piece of work has been either imported or pirated without any rights to do so.
What are the common varieties of copyright infringement?
The common varieties of copyright infringement In India are as follows:
- Making copies of the original work and selling them for financial benefit without the permission of the holder of the copyright.
- Permitting the performance of an infringed copyright material at any given place.
- Distributing infringed works.
- Public exhibition of infringed materials either deliberately or accidently.
- There is also the matter of copyright infringement where the infringed copyrighted materials are being led into the geo political borders of the country.
The above mentioned are the rules pertaining to copyright infringement in India. To that end, if any individual is seen partaking in any of the given measures, they will be punished as per the copyright laws of India.
How to know about the owner of that copyrighted material?
Any creator put their signature or name in their creations. Once these are figured out, then the person with whom the signature belongs to is the one who is the owner of the copyright. These names are also present when the owner accumulated the documents required for copyright registration.
How to deal with copyright infringement?
The copyright act was first passed in India back in 1957, and some amendments were made to it in the year 2012. The new act provides protection against the infringement in India. There are three remedies when it comes to dealing with copyright infringement:
- Criminal remedies: the criminal remedies entail the inclusion of actual financial and jail term penalties associated with the crime of copyright infringement.
- Civil remedies: These sort of remedied include compensation for financial damages, injunctions and foot of the bill (accounts of all the profits associated with it)
- Administrative remedies: these remedies are dealt by the customs department.
Now, the ways to deal with them on your end are as follows:
- If you see any one infringing upon your creation and making trade off of them, then you can take them to court and impose legal proceedings upon the infringer.
- You can file a civil remedies case in court that has the right jurisdiction regarding this matter.
- Furthermore, only the metropolitan or a judicial magistrate has the right to take up cases for the copyright infringement.
- In case there is a business entity that has been infringing your creation, then all the people behind the company are held liable for the infringement are punished accordingly.
What will happen to you if you infringe someone else’s copyrighted material?
In case you are infringing someone else material, then following are the punishments for you:
- The minimum jail term that you will have to serve if you are an infringer is about 6 months,
- The minimum fine for the offense is about INR 50,000.
- If you happen to be a repeated offender, your jail term will elevate to 1 year
- And your penalty will increase to INR 1 Lakhs.
A cognizable offense copyright infringement is
A copyright infringement is considered to be a cognizable offense. It means that if the police even suspect an infringement, they can investigate you without the need of a warrant or any other matter.
Copyright infringement: Exceptions to the rule
As stern as copyright laws might feel, there are some exceptions for fair cases. These exceptions fall under the “Fair Use” agreement that is associated with copyright registration. This form of agreement is more lenient in India as compared to United States of America. This agreement entails the following that proposes there is no breach of copyright:
- There is a “fair use” associated with the copyrighted work and it is being used in a special circumstance.
- The special circumstance in which the copyrighted material was used.
What s Fair use?
As per the copyright law, fair use entails the following:
- If the copyrighted material has been used for personal reasons that entail either private or personal reasons.
- If the copyrighted material is being critiqued: sort of like reviewing it.
- IF the copyrighted material has been exhibited as news pertaining to current affairs as opposed to using it for financial gain.
In such cases, the copyright infringement isn’t present.
Throughout the course of this blog, we have tried to make the matter as clear to you as possible. However, out improvement shall work on your feedback. Therefore, feel free to comment on what you might feel come under the infringement protocol of the copyright protocol.