Copyright Infringement in India
Copyright laws grant the copyright holder certain exclusive rights, such as the right to reproduce, distribute, exhibit, or perform the protected work, as well as the right to create derivative works. Copyright infringement occurs when a copyright-protected work is used without the authorization of the copyright owner. We’ll look at copyright infringement in India in this piece.
Common Types of Copyright Infringement
Some of the most common types of copyright violation include:
- Making or letting for hire copies of copyrighted works for sale or hire.
- Permitting the performance of copyright-infringing works anywhere the works are performed.
- Distributing works that infringe on copyright.
- Copyright-infringing works are on display in a public exhibition.
- Importing works that infringe on copyright into India.
If a person or business engages in any of the activities, they may be prosecuted under India’s copyright laws.
How to Claim Copyright Ownership
Unless the contrary is shown, the name of the author or publisher that appears on copies of a literary, theatrical, musical, or artistic work is considered to be the author of the work.
Remedy for Copyright Infringement in India
Any person or company who infringes on a work’s copyright can be sued by the owner of the copyright. The copyright owner has the right to bring a civil remedies lawsuit in a court of competent jurisdiction and is entitled to injunctions, damages, and accounting. Furthermore, under the Copyright Act, no court lower than that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class can try any offence.
In the case of copyright infringement by an artificial judicial person such as a private limited company or a limited liability partnership (LLP), the company and all persons who were in charge or responsible to the company for the conduct of the company’s business at the time the offence was committed would be prosecuted.
Criminal Prosecution for Copyright Infringement
Under the Copyright Act, every person who intentionally infringes or aids in the infringement of copyright in any work commits a criminal offence. In the instance of criminal copyright infringement, the minimum sentence is six months in prison and a fine of Rs. 50,000/-. A second and subsequent conviction carries a minimum sentence of one year in prison and a fine of Rs.1,000,000/-.
Copyright Infringement a Cognizable Offence
A police officer who has the authority to make an arrest without a warrant and initiate an inquiry with or without the consent of a court is said to have committed a cognisable offence. Copyright infringement is a punishable offence, and any police officer with the level of sub-inspector or higher can take all copies of the work, as well as all plates used to make infringing copies of the work, without a warrant, and bring them before a magistrate.
Rishiraj is a keen learner and eager to learn more about the financial world. As a content writer at Finaxis, he hopes to capitalise on his newfound inclination for technology and language.