As we all know, copyright provides exclusive rights to the copyright holder, such as the right to distribute, perform, reproduce, or display the copyrighted work. Copyright infringement refers to the unauthorized use, reproduction, or distribution of copyrighted material after its owner has obtained online copyright registration in India. It causes the infringement of certain rights of the copyright owner/ holder, such as the right to distribute, reproduce, perform, or display the copyrighted work.

What are the Rights of a Copyright Owner?

The author or publisher's name that appears in the copies of dramatic, literary, artistic, or musical work copies is usually presumed to be the copyright owner of the work.

If it comes to the rights of a copyright owner, they go as follows:

• Produce the work in public
• Perform the work in public
• Publish the work
• Translate the work
• Broadcast the work
• Make and keep a cinematograph film/record of the work
• Make copies of the work and distribute them
• Protect from any unauthorized use of copyrighted work
• Make a copy or adaptation of the work
   

Remedies for Copyright Infringement

Copyright infringement is a serious offense that violates the rights of creators and artists. Two primary types of remedies are available when copyright infringement occurs: civil and criminal. Enforcing both these remedies requires legal expertise to approach a professional Copyright Registration Service Provider.

Civil Remedies

Civil remedies are legal actions pursued by the copyright owner to seek compensation or stop the infringing activities. The following civil remedies are available in India:

• Injunction: The copyright owner can seek an injunction from the court, which is a legal order to immediately stop the infringing activities. An injunction can prevent further unauthorized use or distribution of copyrighted material.
• Damages: The copyright owner may claim damages, which can be in the form of actual damages (compensation for the financial loss suffered) or statutory damages (predetermined damages set by the court). The amount of damages awarded depends on various factors, including the extent of infringement and the economic impact on the copyright owner.
• Accounts and Delivery of Infringing Copies: The court can order the infringer to provide an account of the profits derived from the infringement and deliver all infringing copies to the copyright owner or destroy them.

The Copyright Act of 1957 governs civil remedies for copyright infringement in India. Section 55 of the Act provides for civil remedies, including injunctions, damages, and accounts.

Criminal Remedies

In addition to civil remedies, copyright infringement in India can also lead to criminal prosecution. Criminal remedies aim to punish the infringer through legal proceedings. The key aspects of criminal remedies include:

• Criminal Complaint: The copyright owner can file a criminal complaint with the police against the infringer. The complaint should provide evidence of the infringing activities and demonstrate a violation of the copyright owner's rights.
• Penalties and Imprisonment: Upon conviction, the infringer may face penalties, including fines and imprisonment. The term of imprisonment can range from six months to three years whereas the fine imposed can amount to anywhere between Rs.50,000 and Rs.2,00,000, depending on the seriousness of the infringement.

The Copyright Act of 1957 also governs criminal remedies for copyright infringement in India. Section 63 of the Act addresses the offense of copyright infringement and provides for penalties and imprisonment.

What is Copyright Infringement in India?

According to the Copyright Act of 1957, the use of a copyrighted work without the owner's permission results in copyright infringement. The act is said to be infringement when a third person/business unintentionally/intentionally uses/copies the work of another, neither by seeking their permission nor by giving them credit.

Copyright Infringement is generally categorised into two categories:

• Primary Infringement: Primary infringement involves direct violation of a copyright owner's exclusive rights, such as the right to reproduce, distribute, display, or even perform the protected work without authorization.
• Secondary Infringement: Secondary infringement occurs when a third party or person aids in or supports the infringement of the copyrighted work by the original infringer.

When does a Copyright Infringement Occur?
The Copyright Act, 1957 outlines that the copyright infringement takes place under certain conditions which are listed below:

• When copyrighted work's copies are made for sale without any authorization or permission from its owner
• Distributing infringing copies of work for personal or trade profit
• Copyrighted work is performed/displayed in a public place
• Copy of Cinematographic film
• Reproducing of a dramatic, literary, artistic, or musical work apart from a cinematograph film
• Creating a recording consisting of copyrighted sound
• Importing Infringing copies into India

What Does Not Amount to Copyright Infringement?

The Copyright Act, 1957 outlines certain exceptions to copyright infringement, under Section 52. The provision allows limited or restricted use of the copyrighted material without seeking permission from the owner. Those acts are:

• A proper dealing with a copyrighted work for personal or private use, including research purpose
• Review of the work
• Reporting of current events; also consisting of lectures delivered publicly
• Adaptation or recreating copies of a Software or Computer Programme by the owner of such computer program for the purpose of:
  • using the computer program for which it was supplied
  • creating copies as a temporary protection in case of destruction, loss, or damage
• Storage of a performance or work
• Reproducing a work for a judicial proceeding
• Reproduction/publication of a work prepared by the Secretariat of a Legislature for the exclusive use of the Legislature members
• Reproduction of work in a judicial proceeding
• Publication/Reproduction of a work prepared by the Secretariat of a Legislature which is for the exclusive use of the Legislature members
• Reproduction of work in a certified copy supplied or created as per law
• Public readings or recitations of reasonable excerpts from published works
• Publication in a collection composed of non-copyright matter intended for instructional use of short passages from published dramatic or literary works
• Short passages or excerpts from published literary or dramatic works may be included in instructional collections containing non-copyrighted material.
• Reproduction of a work in a course of study by a teacher as a part of the questions to be answered in an examination or as answers to such questions
• Dramatic Performance, literary or musical work in an educational institution by the students and staff, or reproduction of a cinematograph film or sound recording in case the audience is only limited to students and staff of the institution
• Playing or hearing recordings in a public place in any residential premises in an enclosed hall or room used for the common use of residents or during any activity of a club or organisation which are not established or running for profit-making purposes
• Any performance of a dramatic, musical, or literary work by an amateur society or club, if performed for the benefit of a religious institution or a non-paying audience
• Reproduction of an article related to current political, economic, religious, or social matters in a newspaper, magazine, or other periodicals, unless the author of the article has expressly reserved its right of reproduction
• Reproduction of a work for research, private study, or publishing unpublished dramatic, literary, or musical work that is preserved in museum, library, or other institutions and the public has access to it
• Publishing or creating a drawing, engraving, painting, display, or photograph of a work of architecture
• Inclusion of an artistic work that is kept permanently in a public place/premises having public access in a cinematograph film, in case such inclusion is by way of incidental or background to the principal matters represented in it
• Making a 3-D object taking inspiration from a 2-D artistic work for industrial application
• Reconstruction of a structure like a building according to the architectural designs or drawings

Seek assistance from an IPR specialist lawyer to file a suit in court and get appropriate remedies for your case.

Conclusion
Copyright infringement is the act of unauthorized use, reproduction, or distribution of copyrighted material. In case of copyright infringement, the Copyright Act 1957 outlines certain remedial provisions for a copyright owner. With the above article, you have gained insights into available remedies for copyright infringement in India. Staying informed of these remedies can help fight copyright infringement better.

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