Find out what constitutes a copyright violation in India and how to assert ownership at Vakilsearch.
Overview of Copyright Infringement in India
The unauthorised use of a work protected by copyright constitutes copyright infringement. The Copyright Act, of 1957, which oversees the legislation relating to copyright infringement, states that copyright infringement is a serious offence in India. When someone utilises a work that has been protected by copyright without the owner’s consent, this is known as copyright infringement and violates their rights. The sole authority to reproduce, distribute, perform, and display a work that has been granted copyright belongs to its owner. Any unauthorised use of works protected by copyright is regarded as a violation.
What Are the Common Types of Copyright Infringement?
The following are the most typical forms of copyright infringement in India:
- Copyrighted works should not be reproduced without authorisation.
- Unauthorised sales or distribution of works protected by copyright
- unauthorised creation of derivative works
- Unauthorised public performance of items protected by copyright
- Unauthorised broadcasting or distribution of items protected by intellectual property
- Commercial use of copyrighted works without authorisation
- Plagiarism involves work that is protected.
How to Claim Copyright Ownership?
What Paperwork is Needed: When submitting an application for copyright registration, you must include a number of documents with it, according to the Copyright Office. These consist of the application form, two copies of the work, evidence that the registration fee was paid, and an affidavit from the copyright owner attesting to the originality of the work and their ownership of the copyright.
Registration Timeline: The Copyright Office processes copyright applications in about 6 to 8 months. If you intend to assert copyright ownership over your work, bear this in mind.
Duration of Copyright Protection: Protected works are covered by copyright for as long as the author is alive plus 60 years. The period of copyright protection for corporate works is 60 years starting from the date of publication.
Transfer of Ownership of Copyright: A licence or an assignment can be used to transfer ownership of a copyright. Ownership must be transferred in writing, with both parties’ signatures.
Copyright Infringement: Copyright infringement is the act of someone using your work that is protected by copyright without your consent. If you find that someone has stolen your work, you can file a lawsuit to stop the theft and recover your losses.
Remedy for Copyright Infringement in India
If someone infringes on your copyright in India, you can seek legal remedies, including:
- Injunction: You can seek a court order to prevent the infringing activity from continuing
- Damages: You can seek compensation for the financial losses you have incurred due to the infringement
- Account of Profits: You can seek a share of the profits earned by the infringing party
- Seizure and Destruction of Infringing Copies: You can seek to have any infringing copies of your work confiscated and destroyed.
Criminal Prosecution for Copyright Infringement
| The minimum penalty for a copyright violation that is considered criminal is six months in jail and a minimum fine of ₹50,000. The minimum penalty for a second or subsequent conviction is one year in prison and a fine of ₹1000,000. |
The unauthorised reproduction, distribution, adaptation, and public performance are only a few examples of how copyright may be violated. These actions are against the law, and the infringer may be subject to legal action as a result. Criminal penalties consist of fines and incarceration, whereas civil remedies consist of injunctions, damages, and profit accounts. The police can take action against the offender if the owner of the protected material files a complaint, according to their duty. Infringing copies of the work can be seized by the police, and they also have the authority to file charges against the offender.
Cognizable Offence With Copyright Infringement
Cognizable Offence with Copyright Infringement is one that is deemed serious enough to necessitate an immediate, warrantless arrest. Under the Copyright Act of 1957, copyright infringement is a crime punishable by imprisonment and/or monetary penalties in India.
When copyright infringement is deemed to be a cognizable offence, law enforcement is authorised to undertake an instant, warrantless arrest. This means that if someone is caught violating copyright, the police have the ability to arrest them there and then. Anyone found guilty of copyright infringement may be sentenced to up to three years in prison and/or penalties under the Copyright Act
Also to know more about: Copyright Penalties India
Conclusion
IP properties and their protection need to be done to protect your original works. There are 4 major IP properties of any product or service you must take care of and that is, Design, Patent, Copyright and Trademark. To know more about the types of copyright infringement and how to move against the people who have plagiarised the work legally, contact our Vakilsearch’s legal experts. Understanding the various forms of intellectual property is crucial for both individuals and companies, who should then take the necessary precautions to safeguard their ideas and innovations. companies can do this to make sure companies keep their competitive edge, innovate, and produce new and useful goods and services.
FAQs:
Can you name some types of copyrights in India?
Literary Works Dramatic Works Artistic Works Cinematograph Films Sound Recording.
What does copyright infringement mean in India?
Copyright laws grant the owner of a copyright certain exclusive rights, such as the ability to duplicate, distribute, exhibit, or perform a protected work or to create derivative works. Copyright infringement occurs when a work that is copyright protected is used without the owner's consent.
What are the 5 copyrights?
These exclusive rights include 1) replication, 2) adaptation, 3) publication, 4) performance, and 5) display.
Is there anything called Section 38 of copyright?
Yes! A performer has a particular right known as the performer's right in regard to any performance in which they take part or appear. Any performer who performs or participates in a performance has a particular right known as the performer's right in regard to that performance.
What are the two common types of infringement?
Image and text are the most common types of copyright infringement.
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