Copyright

Copyright Infringement

Overview

Copyright infringement refers to the use or production of copyright-protected material without the permission of the copyright owner. For example, movies and music are two of the well-known fields where a significant amount of copyright infringement takes place. So it is important to protect your work from infringement. And if any person needs to use the work of others then they must take permission in advance.
The law which deals with Copyright infringement is Section 51 of the Copyright Act, 1957 which is as follows:

This provision says that the copyright in a work shall be deemed to be infringed under following circumstances:

“When any person, without a license granted by the owner of the copyright or registrar of copyrights or in contravention of the conditions of licence so granted or of any condition imposed by a competent authority under the act-

a. Does anything, the exclusive right to do which is conferred upon the owner of the copyright.

b. Permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of the copyright.

Where any person-

a. Makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire or

b. Distributes either for the purpose of trade or to such extent as to affect the prejudicially the owner of the copyright or

c. By way of trade exhibits in public or

d. Imports into India, any infringing copies of the work except the import of one copy of any work, for the private and domestic use of the importer

A reproduction of the work in any material form including the storing of it in any medium by electronic means or making translation of any work or making adaptation of the work would also fall under the ambit of infringement of the copyright in the work within the meaning of section 51 of the act.
The explanation to section 51 provides that the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematographic film shall be deemed to be an infringing copy.
The law which deals with Copyright infringement is Section 51 of the Copyright Act, 1957 which is as follows:

This provision says that the copyright in a work shall be deemed to be infringed under following circumstances:

“When any person, without a license granted by the owner of the copyright or registrar of copyrights or in contravention of the conditions of licence so granted or of any condition imposed by a competent authority under the act-

a. Does anything, the exclusive right to do which is conferred upon the owner of the copyright.

b. Permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of the copyright.

Where any person-

a. Makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire or

b. Distributes either for the purpose of trade or to such extent as to affect the prejudicially the owner of the copyright or

c. By way of trade exhibits in public or

d. Imports into India, any infringing copies of the work except the import of one copy of any work, for the private and domestic use of the importer

A reproduction of the work in any material form including the storing of it in any medium by electronic means or making translation of any work or making adaptation of the work would also fall under the ambit of infringement of the copyright in the work within the meaning of section 51 of the act.
The explanation to section 51 provides that the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematographic film shall be deemed to be an infringing copy.
Cease and Desist Notice

Firstly, send a cease and desist letter to the infringer in which you should mention all the details namely

  • Name of the parties
  • Details of the work in question
  • Date of creation of work
  • Date of first publication of work
  • Date when copyright registration is done
  • Details about infringement
  • Demand for compensation details
  • Complaint in court

    After the notice if the owner the copyright holder finds that, there is infringement and the infringer is not removing or erasing the copied work, then owner can file complaint for infringement in the competent court and can produce the orders of the competent court having jurisdiction, within 21 days from the receipt of the notice.

No other common registration

The registration process is same as mentioned in the registration section.

FAQS

There are various factors that determine the amount of damages to be paid to the copyright holder. Generally, the damages are awarded for the amount that the copyright holder would have got if the person had obtained the license from him. However, there are various other factors as well, that determines the amount of damages like the loss of profit to the copyright holder, loss of reputation, decrease in the sale of the copyright holder’s work etc.
You can start by looking at the date. Anything made before 1923, no matter what, will be definitely in the public domain. After that you can check out chart because determining whether something is in the public domain by the date gets a lot harder than that. Most times, it's impossible to determine whether something is in the public domain just by the date.
The term for permission to use someone’s copyrighted work is referred to as a “license.” There are all sorts of industry terms for specific types of licenses, including “mechanical licenses” and “synchronization licenses.”
First, you should determine if your work that has been copied is protected by copyright law. Next, you should determine whether you actually own the rights to the work. Then you can file for the case.

List of Documents

  • Proof of infringement
  • Plaint to file
  • Cease and desist Notice
  • Copyright License Agreement
  • Replication document
  • Certificate of registered copyright
  • Vakalatnama

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