Copyright Infringement

Overview:

Copyright infringement refers to the unauthorized use of someone else’s original work that is protected by copyright law. Copyright law protects original works of authorship, such as literary, artistic, musical, and other creative works. Copyright owners have the exclusive right to reproduce, distribute, perform, display, and create derivative works based on their original works. Any unauthorized use of these rights can lead to a claim of copyright infringement.

Under the Copyright Act of 1957, the exclusive right to safeguard literary and artistic works is granted solely to the holder of the copyright. According to Section 18 of the Copyright Act, 1957, the copyright holder may either be the creator of the work or an assignee of the copyright.

To utilize a work protected under the Copyright Act, 1957, individuals must obtain permission from the copyright holder in the form of a license. For instance, consider the scenario where the original novelist of a book reserves the exclusive right to distribute their work. They may grant a bookstore a license for the distribution of their work. However, if the bookstore distributes copies of the author’s books to the public without acquiring a license, it constitutes copyright infringement.

Benefits:

Copyright protection in India offers several advantages and features, which are as follows:

Protection Against Unauthorized Use: Copyright protection prevents others from stealing or presenting the work of the copyright holder as their own. This safeguards the interests of creators and ensures that they receive recognition and compensation for their creative endeavors.

Protection of Expression of Ideas: The Copyright Act, 1957, protects the expression of ideas rather than the ideas themselves. This means that while the specific form or expression of an idea is protected, others are free to develop their own unique expressions of the same idea.

Protection of Original Work: Only original works are granted copyright protection in India. This encourages creativity and innovation by providing incentives for individuals to create new and original works.

Exclusive Rights to the Author or Creator: Copyright grants the author or creator of a work exclusive rights to enjoy and exploit their creation. This includes the right to reproduce, distribute, perform, or display the work, as well as the right to authorize others to do so.

Control Over Reproduction: The author or creator of the work has the sole authority to decide whether their work can be reproduced or not. This allows them to retain control over how their work is used and disseminated.

Treatment of Computer Works: Copyright protection extends to computer works, which are treated as literary works under the Copyright Act, 1957. This includes software programs, databases, and other digital creations.

Duration of Copyright Protection: Copyright protection is generally granted for a period of 60 years. The duration of copyright protection varies depending on the type of work and when it was created or published.

Enforcement Through Copyright Infringement Notice: Copyright holders can present a Copyright Infringement Notice in court if their rights are violated. This serves as a legal recourse to address instances of unauthorized use or exploitation of copyrighted works.

Trial and Adjudication: Offenses committed under the Copyright Act, 1957, can be tried by courts inferior or below the rank of a Judicial Magistrate of First Class or Metropolitan Magistrate. This ensures accessible legal remedies for copyright infringement cases.

Calculation of Copyright Duration: The duration of copyright protection for literary works is counted from the year in which the author or creator of the work dies. For works like cinematograph recordings or musical works, the duration is counted from the year of publication.

These features and advantages of copyright protection in India contribute to the promotion of creativity, innovation, and the protection of intellectual property rights in the country.

Rights Granted to Copyright Holders

Following are the different rights granted to copyright holders for various types of works:

Rights in Case of Literary, Musical, or Dramatic Work

• The right to reproduce the work in any other material form, including electronic mediums.
• The right to communicate, perform, or issue copies of the work to the general public.
• The right to adapt and translate the work.
• The right to make any sound recording or cinematograph film based on the original work.

Rights in Case of Computer Program

• The right to commercially rent or sell a computer program.
• The right to reproduce the work in any other material form, including electronic mediums.
• The right to communicate, perform, or issue copies of the work to the general public.
• The right to adapt and translate the work.
• The right to make any sound recording or cinematograph film based on the computer program.

Rights in Case of Artistic Work

• The right to replicate the work in any other material form, including storing the work in electronic mediums.
• The right to represent a 2-D work as a 3-D work and vice versa.

Rights in Case of Cinematograph Film

• The right to make duplicate copies of the film, including photographs taken from the film or stored in any other medium.
• The right to commercially rent or sell any duplicate or pirated copy of the film.
• The right to communicate the film to the general public.

Rights in Case of Sound Recording:

• The right to make any sound recording, including the original work.
• The right to commercially rent or sell a duplicate or pirated copy of the sound recording.

These rights grant copyright holders exclusive control over their works and provide legal protection against unauthorized use, reproduction, distribution, or adaptation by others. Understanding these rights is crucial for creators, users, and copyright enforcement agencies to ensure compliance with copyright laws and respect for intellectual property rights.

The Copyright Law in India distinguishes between acts that constitute Copyright Infringement and those that do not, as outlined in Sections 51 and 52 of the Copyright Act, 1957, respectively. Under Section 51(a) of the Copyright Act, 1957, acts that commercially misuse Copyright without the authorization of the copyright holder, by individuals who have no legitimate interest in the exclusive rights granted to the holder of Copyright, are considered Copyright Infringement. 

Additionally, Section 51(b) addresses the sale, distribution, import, or other actions involving infringing copies of a copyrighted work without the authorization of the copyright holder. On the other hand, Section 52 of the Copyright Act, 1957, delineates certain acts that do not amount to Copyright Infringement. For instance, the use of a copyrighted work for personal use or research purposes is not considered Copyright Infringement.

These provisions aim to strike a balance between protecting the rights of copyright holders and facilitating reasonable access to copyrighted works for personal, educational, or research purposes, while also discouraging commercial exploitation of copyrighted materials without proper authorization.

Requirements:

In order to claim copyright infringement, the owner of the copyrighted work must prove that their work has been used without permission, and that the use was substantial enough to constitute infringement. This can be established through evidence such as copies of the original work, evidence of ownership, and evidence of the infringing use.

Documents Required:

In order to establish a claim of copyright infringement, the owner of the copyrighted work may need to provide copies of the original work, evidence of ownership, and evidence of the infringing use. They may also need to provide evidence of any damages suffered as a result of the infringement.

When you should file a Copyright Infringement notice

When a copyright holder becomes aware of Copyright Infringement by a third party, the immediate and crucial step is to send a Copyright Infringement Notice to the infringing party. This notice serves as the initial action before pursuing any available civil or criminal remedies under the Copyright Act, 1957.

A Copyright Infringement Notice is akin to a standard legal notice and typically includes the elements of a cease and desist notice. This notice essentially demands that the infringing party cease and desist from further infringing activities. By sending a Copyright Infringement Notice, the copyright holder demonstrates their proactive efforts to address the infringement before resorting to legal action.

A cease and desist notice, as mentioned, is a legal document that prohibits an individual from engaging in activities that violate the lawful rights of another person. Its lawful validity lies in its ability to demonstrate to the court that the copyright holder made reasonable attempts to resolve the matter before initiating litigation. The significance of a cease and desist notice in copyright infringement cases was affirmed by the Supreme Court of India in the case of Midas Hygiene Industries Pvt. Ltd. and Anr. vs. Sudhir Bhatia and Ors. [2004 (3) SCC 90]. The court acknowledged that a cease and desist notice serves as a valuable tool in seeking injunctions in copyright infringement cases, thus bolstering the copyright holder’s position in litigation.

To serve a legal Copyright Infringement Notice, the copyright holder can opt to:

1. Send it via speed post.
2. Personally deliver it to the infringing party.
3. Send it via telegram.

The Copyright Infringement Notice should be sent to the infringing party under the following circumstances:

Reasonable Grounds of Potential Infringement: When the copyright holder possesses reasonable grounds to suspect that their work might be unlawfully used or exploited by a third party, it is prudent to send a Copyright Infringement Notice as a preemptive measure. This proactive approach helps to safeguard the copyright holder’s rights and serves as a warning to potential infringers.

Evidence of Misrepresentation: If the copyright holder obtains valid evidence indicating that another individual is attempting to pass off the original work of the copyright holder as their own, it is crucial to promptly send a Copyright Infringement Notice. By doing so, the copyright holder asserts their ownership rights and seeks to prevent any further unauthorized use or misrepresentation of their work.

Preventive Action to Safeguard Copyright: The copyright holder may opt to send a Copyright Infringement Notice as a preventive measure to safeguard their work from potential infringement. By taking proactive steps to assert their rights and notify others of their copyright ownership, the copyright holder aims to deter any unauthorized use or exploitation of their work in the future.

In each of these scenarios, sending a Copyright Infringement Notice serves as an essential tool for the copyright holder to protect their intellectual property rights, assert ownership over their creative works, and deter potential infringers from engaging in unauthorized use or exploitation of their work. By promptly addressing instances of suspected infringement through a Copyright Infringement Notice, the copyright holder can assert their rights and take necessary action to prevent or mitigate the impact of copyright infringement.

Steps:

If you believe that your copyrighted work has been infringed upon, you should first contact the infringing party and request that they stop using your work. If this does not resolve the issue, you may need to take legal action. This can include filing a lawsuit in court, or pursuing alternative dispute resolution methods such as mediation or arbitration.