Copyright Infringement in India: Understanding Laws, Remedies, and Protection

Introduction

In today’s world where digitization is evolving at such a large pace, the creativity of individuals is also increasing. This has both pros and cons. One of the cons which can be inferred is that increasing creativity has also led to higher chances of copyright infringement. Sometimes knowingly or sometimes unknowingly, people may use protected works without permission which can cause loss to the creators and result in a violation of the law.

This guide explains the concept of copyright infringement and the legal remedies against such infringement available in India.

What is Copyright Infringement?

To understand the meaning of copyright infringement let's divide the two words and understand their raw meaning. Copyright is an asset of IP that protects creative works like literary, musical, artistic, and dramatic work. Also, there are other categories included and protected such as cinematography, sound recording, and website creation which have been mentioned under the Copyright Act, 1970. The items seeking the protection of copyright must be original work and not mere translation and adaption of others' work or creation.

Infringement means the act of breaking a rule, law, or violation of someone’s rights. Together, if we combine two words, the concept can be easily understood. Copyright infringement occurs when someone tries to violate the protection of copyright. Section 51 of the Copyright Act, 1970 specifies when a copyright is infringed.

Types of Copyright Infringement

• Direct Infringement: It occurs when a work that has been copyrighted is used directly without permission, like copying the entire content of an article, uploading pirated movies or songs, or other similar acts.
• Indirect Infringement: This type of infringement occurs when a person knowingly contributes to infringement and supports infringing activities. For example, a website that hosts or promotes pirated content.
• Digital Infringement: This type has evolved with the emergence of the digital era in our society. It includes using copyrighted music in YouTube shorts or Instagram reels, and reposting content without permission.

Exceptions under Copyright Infringement

There are certain exceptions where using copyrighted material does not constitute infringement:

• If the work is done for the public sector.
• If usage has been done with a proper license or permission.
• If the work falls under fair dealing under Section 52.
• If the work is used for educational purposes.
• Other works like legislative usage, computer programs, and more.

Legal Remedies for Copyright Infringement

Indian law provides both civil and criminal remedies to protect copyright holders.

Civil Remedies (Section 55 of the Copyright Act, 1970)

• Interlocutory Injunctions: A court order to stop the infringer from continuing the illegal act immediately.
• Pecuniary Remedies: Monetary compensation for damages or accounts of profits.
• Anton Piller Order: A court order allowing the plaintiff to search the infringer's premises and seize evidence without prior warning.
• Norwich Pharmacal Order: A court order requiring a third party to disclose information that can help identify the infringer.

Criminal Remedies

• Imprisonment from 6 months to 3 years.
• Fine of a minimum of Rs. 50,000 up to a maximum of Rs. 2,00,000.
• Search and seizure of infringing goods.
• Delivery of counterfeited goods to the owner of the property.

Prevention of Copyright Infringement

• Checking of official copyright databases before using content.
• Registration is important as it helps in creating evidence.
• Proper licensing should be obtained for any third-party content.
• Use copyright notices and watermarks on original work.
• Send cease and desist notices promptly if infringement is detected.

Importance of Copyright Protection

• It helps in giving exclusive rights to the creators.
• It prevents unauthorized exploitation.
• It provides commercial value to creative works.
• It ensures financial benefits for the creator.
• It makes legal disputes more cost and time-efficient.

Checklist for Identifying Copyright Infringement

• There must be a valid copyright in the work.
• The other party must have copied the work created previously.
• The part copied from the copyright work must come under the ambit of protected work (substantial similarity).
• Registration is recommended as it works as evidence for proving replication of work.

Conclusion

Copyright infringement is a serious issue that should be handled carefully as digitization increases on a daily basis. Social media platforms such as Instagram and Facebook are more prone to copyright infringement as content consumption grows. Laws regarding copyrights should be followed strictly.

Intellectual property helps to safeguard creators and promotes fair and ethical practices in society.