Intellectual Property Rights are legal rights granted to a person for his work that includes his invention of creative designs, literary works, symbols, or phrases for a fixed duration of time. Copyright is one of the Intellectual Property Rights. It protects original works of authorship such as literary, musical, and artistic works.
Table of Contents
- What is Copyright?
- Works Protected Under Copyright
- Importance of Copyright
- Rights of a Copyright Owner
- Term of Copyright
- Meaning of Copyright Infringement
- When does Copyright Infringement Occur?
- What does not amount to infringement?
- Actions against Copyright Infringement
- What happens if you Infringe a Copyright?
- How to Avoid Copyright Infringement?
What is Copyright?
Copyright is a right which the law gives to the creator or owner of any literary, dramatic, musical, or artistic work and the work of producers in the form of cinematograph films and sound recordings.
The owners of the copyright have certain exclusive rights which enable them to use their property without disturbance and to prevent the misuse of their property. Copyright comes with a bundle of rights that include rights of reproduction, communication to the public, adaptation, and translation of the work.
"The term 'copyright' is not defined in the Copyright Act, 1957 and in general terms, it means the 'right to copy' is available only at the discretion of the owner. Originality and not novelty is the key to assign copyright. It exists only on expression and not on ideas."
Works Protected Under Copyright
Under Section 13 of the Copyright Act, 1957, copyright exists in the following works:
- Literary work (including computer programs, tables, and compilations including computer literary databases)
- Dramatic work
- Musical work
- Artistic work
- Cinematograph films
- Sound recordings
Importance of Copyright
Copyright serves several crucial purposes:
- Protects the rights of authors over their creations, thereby protecting and rewarding their creativity
- Ensures that creativity and progress go hand in hand, making copyright protection essential for civil society
- Motivates owners and others to create more, fostering an environment of creativity
- Strikes a balance between the rights of the owner and the interests of society
Rights of a Copyright Owner
A copyright owner is entitled to the following exclusive rights:
- Produce their work in public
- Publish their work
- Perform their work in public
- Translate their work
- Make cinematograph films or records of their work
- Broadcast their work
- Make adaptations of their work
- Make copies of their work and distribute them
- Create derivative works
- Prevent others from making unauthorized use of copyrighted work
Term of Copyright
The duration of copyright protection varies by work type:
- Literary, dramatic, musical, or artistic works: Lifetime of the author plus 60 years
- Cinematograph films, records, photographs, posthumous publications: 60 years from the date of publication
- Broadcasting: 25 years from the year of broadcast
Meaning of Copyright Infringement
Use of any copyrighted work without the permission of the owner amounts to copyright infringement. Infringement occurs when a person intentionally or unintentionally copies/uses the work of another without credit. Infringement is usually classified into two categories:
Primary Infringement
The actual act of copying, where knowledge of infringement may or may not be present.
Secondary Infringement
Unauthorized dealings like selling pirated books, importing, etc., where knowledge of infringement is present with the infringer.
When does Copyright Infringement Occur?
In India, copyright infringement occurs when:
- Copies of copyrighted work are made for sale/hire without permission or authority, like in cases of online piracy
- A copyrighted work is performed in a public place
- Infringing copies are distributed for trade and personal gains
- Public exhibition of infringing copies by way of trade prejudicial to the owner
- Infringing copies are imported from another country into India
What does not amount to infringement?
Certain acts are permitted without requiring permission from the copyright owner:
- Use for research, study, criticism, or review
- News reporting
- Use in libraries, schools, and educational institutions
- Legislative use
- Fair use as defined under Section 52 of the Copyright Act
Other Permitted Acts
- Fair use: An important defense against copyright infringement, defined under Section 52 of the Copyright Act. The burden of proof lies on the owner
- Connected judicial proceedings
- Performance by amateur clubs or societies for non-paying audiences
- Making sound recordings of literary, dramatic, or musical works under certain conditions
Actions against Copyright Infringement
The key requirements for taking action against copyright infringement include:
- Proof of ownership of copyright
- Substantial similarity between the original and the infringed copy
- Copying amounts to improper appropriation
Initial Steps
The first step is to send a legal notice for copyright infringement to the person or entity guilty of copyright violation. In cases of online copyright infringement, a takedown notice may be sent to the involved person or company.
Civil Remedies
Civil actions against copyright infringement are provided under Section 55 of the Copyright Act, 1957. The court can grant the following reliefs:
Interlocutory Injunction
The most important relief as it prevents the infringer from doing anything that amounts to copyright infringement.
Financial Relief
Under Sections 55 and 58 of the Copyright Act, the copyright owner can claim three remedies:
- Profits: Allows the owner to recover profits made through unlawful acts
- Compensatory damages: Compensation for losses suffered
- Conversion damages: Calculated according to the value of the infringing article
Anton Pillar Order
Restrains the infringer from dealing in infringing goods or destroying them. It also allows the copyright owner and their lawyer to enter and search the premises of the infringer and take goods into safe custody. The infringer must disclose names of all suppliers and customers of infringing goods.
Mareva Injunction
An order under which the court gets temporary custody of infringing goods, preventing any chances of disposal.
Norwich Pharmacal Order
Passed to discover information from a third party.
What happens if you Infringe a Copyright?
Under the Copyright Act, 1957, criminal action against copyright infringement can also be taken. The person found guilty of copyright infringement would be liable for:
- Imprisonment: Not less than 6 months and up to 3 years
- Fine: At least Rs. 50,000 to Rs. 2 lakhs
Under criminal action, a search and seizure of infringing goods may also be ordered by the court, and the infringing goods may be delivered to the actual copyright owner.
How to Avoid Copyright Infringement?
Here are some tips from copyright lawyers to avoid copyright infringement:
- If you are not using an original literary, artistic, or musical work, check all licenses and permissions. Many copyright owners allow their work to be used without direct permission, while most require a license or permission
- Ensure you use copyrighted work under the 'fair use' policy for educational or research purposes
- When getting copyright for your work, consult a copyright lawyer to ensure you are not infringing existing work
- Maintain awareness about copyright infringement and copyright laws
- Consult a copyright lawyer at every stage of dealing with copyrighted work
"Awareness about copyright infringement and copyright laws is important in a developing society, as creativity is an essence of growth. It is important to talk to a copyright lawyer at every stage of dealing with copyrighted work. This includes assistance for filing a copyright application, dealing with copyright infringement, and defending the copyright."
Professional Legal Assistance
For copyright-related legal assistance, consider consulting qualified copyright lawyers who can provide:
- Guidance on copyright registration procedures
- Assistance with infringement cases
- Defense strategies for copyright disputes
- Advice on licensing agreements
- Compliance with intellectual property laws
Legal Framework
The primary legislation governing copyright in India is the Copyright Act, 1957, which has been amended several times to keep pace with technological developments and international standards.