What is Copyright Infringement?

Ashish M. Shaji

21 Dec, 2020

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.

Introduction

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.

Common Types of Copyright Infringement

The following are several of the most common kinds of copyright breach:

• Making copies of copyrighted works for sale or hire or letting them for hire.
• Allowing performance of copyright infringed works at any place for the performance of works.
• Allocating infringing copyright works.
• A public exhibition of infringing copyright works.
• Importing infringing copyright works into India.

How to Claim Copyright Ownership?

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.

Where Copyright Applies?

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:

• Literary works;
• Dramatic works;
• Musical works;
• Sound recording;
• Artistic works;
• Cinematographic works.

When Does Copyright Not Apply?

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.

What Rights are available with copyright registration?

Copyright provides a bundle of rights enjoyed by the original author and their heirs. They have exclusive rights to:

• Reproduce the work;
• Adapt it any way you please;
• Freely distribute copies to the public;
• Perform the work in public;
• License the work to another person or entity;
• Make copies of the work;
• Make derivative work based on the original work;
• Distribute the work;

• Display the work in a commercial setting;
• Prevent others from making unauthorized use of copyrighted work.

Exception to copyright infringement

There are some exceptions as per Section 52, Copyright Act of 1957^[1]. It includes:

• Private or personal use which includes research;
• Criticism or review ;
• Reporting of current events and current affairs.

Penalty or Remedy for Copyright Infringement

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.

Conclusion

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