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In simple words, the use of such copyright protected work without the permission of the copyright owner is copyright infringement. In this article we shall decode its various aspects.
Table of Contents
If any person knowingly infringes or abets the infringement of the copyright in any work, then such an act is a criminal offense under Copyright Act. Music and movies are few of the commonly affected examples of copyright infringement.
The following are several of the most common kinds of copyright breach:
In the case of a literary, dramatic, musical or artistic work, the name of the author or the publisher which appears on copies of the work is presumed to be the author of the work, unless the contrary is proved.
Copyright is exclusive rights subject to the provisions of the Act, to do or authorize the doing of any of the acts laid down in the Act. The copyright applies in the following:
There is no copyright in ideas, subject-matter, themes, plots or historical or legendary facts, however original or brilliant and is confined to the form, manner and arrangement and expressions of the idea by the author of the copyrighted work. What copyright registration protects is not the raw materials from which the work is created but the skill and labor employed by the author in the creation of the work.
Copyright provides a bundle of rights enjoyed by the original author and their heirs. They have exclusive rights to:
There are some exceptions as per Section 52, Copyright Act of 1957[1]. It includes:
Copyright owners can take legal action in contradiction of any person or entity that infringes on the copyright of a work. The copyright owner can file a civil remedy in a court having jurisdiction and is allowed to take remedies by way of injunctions, damages, and accounts.
There are two forms of remedy i.e.-
Civil– When copyright in any work has been infringed then the owner can seek remedy through injunctions, damages, and accounts.
Criminal– A copyright holder also can take criminal action against the infringer, if there is a provision of six month imprisonment. It can be extended to three years and a fine of 50000 rupees can be levied that can extend to 2 lakh rupees.
Copyright registration seeks to protect owner’s right and also seeks to give economic benefits to them for their creativity. It is therefore highly recommended that you should protect your work by copyright. It will prevent others from infringing your work and even in case of copyright infringement, it would save you.
Read our article: A Comprehensive Analysis on Assignment of Copyright
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