Legal Action against Copyright Infringement under the Copyright Act, 1957

Imagine a world without original music, captivating movies, or thought-provoking literature. Our lives are enriched by the creative works of talented individuals who pour their hearts and souls into their creations. But what happens when someone steals their hard work? Copyright infringement is a serious offense that undermines the rights of creators and artists. In India, the Copyright Act of 1957 provides a strong legal framework to protect intellectual property and take action against copyright infringement. Under this Act, copyright holders have several powerful tools at their disposal to combat the unauthorized use of their creative works.  In this article, we will discuss copyright infringement in India.

Meaning of Copyright

Copyright is a law-authorized right to the creator or owner of any dramatic, musical, literary, or artistic work and the work of producers in the form of cinematographic films and sound recordings. Copyright owners have certain exclusive rights that allow them to enjoy their property without interference and to prevent the misuse of their property. Copyright is associated with a set of rights that include the rights to reproduce, communicate with the public, adapt, and translate a work.

The term “copyright” is not defined in the Copyright Act 1957 and generally means a “right to copy” available only at the discretion of the owner. Originality, not novelty, is the key to copyright. It exists only on expression, not on thoughts.

Section 13 of the Copyright Act of 1957 enlists the following works:

• Literary work
• A dramatic work
• Musical work
• Artistic work
• Cinematographic films
• Sound recordings.

What is Copyright Infringement?

Copyright infringement occurs when someone violates the exclusive rights of a copyright registration holder without obtaining proper authorization. These exclusive rights include the right to reproduce, distribute, perform, display, and create derivative works based on the original work. Infringement can happen in various forms, such as unauthorized copying, sharing, uploading, or selling of copyrighted material.

Several cases of copyright infringement have surfaced these days. This has serious consequences, especially loss of confidence, legal action and compensation, etc. Legal action against copyright infringement occurs when someone uses another person’s work, such as literary, musical, artistic, or cinematic works, without their permission. It may be intentional or unintentional, but the owner’s exclusive rights must be violated. This may include copying, distribution, display, or creation of derivative works without permission of the owner.

Causes of Copyright Infringement in India

Several factors contribute to copyright infringement in India:

• Lack of Awareness: Many individuals, particularly in the digital realm, may not have a clear understanding of copyright laws and the rights of creators. This lack of awareness can lead to unintentional infringement.
• Piracy and Counterfeiting: India has long grappled with piracy and the production of counterfeit goods, including movies, music, software, and books. These illicit activities undermine the rights of copyright holders and result in substantial financial losses.
• Technological Advancements: The ease of digital reproduction and dissemination of content has made it more challenging to protect copyrighted material. The rapid growth of online platforms, social media, and file-sharing networks has facilitated the unauthorized copying and sharing of copyrighted works.

What does not amount to Copyright Infringement in India?

Certain acts are not considered copyright infringement, such as fair use, which allows limited use of copyrighted material for criticism, commentary, reporting, teaching, scholarship, or research. Other exceptions include use in the public interest, private or personal use, or incidental use. Here are a few points:

• Incidental Use: Background music used in a video, for example, is an incidental use of copyrighted material that would not be considered infringement if it has little or no effect on the market for the original work.
• Fair Use: Fair use allows limited use of copyrighted content without prior permission for things like commentary, reporting, teaching, scholarly work, and research.
• Public interest: Without the owner’s consent, copyrighted material may be used in a documentary or educational program for news or the public good.
• Private or personal use: Making a copy of a book or song for personal enjoyment is not generally considered copyright infringement. This also applies to the use of copyrighted content for private or personal purposes.

Legal action for Copyright Infringement in India under the Copyright Act, 1957

The Copyright Act of 1957 provides several legal measures to combat copyright infringement in India. Let’s look at some of the key legal actions available to copyright holders:

• Civil remedies:
  Copyright holders can take civil action against infringers by filing a lawsuit in civil court. Civil remedies available under copyright law include:
  • Injunctions: Copyright holders may seek an injunction from a court to restrain infringing activity. An injunction is a court order that prohibits an infringer from continuing the unauthorized use of a copyrighted work.
  • Damages and Accounts: Copyright holders may seek damages for losses suffered as a result of copyright infringement. A court can award either actual damages (compensation for actual financial loss) or statutory damages (pre-determined amounts set by law). In addition, copyright holders can request an account of profits, whereby the court determines the profits that the infringer made from the infringement and orders them to be paid to the copyright holder.
  • Delivery and Destruction: The court has the power to order the delivery or destruction of copies of infringing copyright works.

• Criminal Action: The Copyright Act of 1957 also provides for criminal remedies against copyright infringement. According to Section 63 of the Act, certain acts of copyright infringement are considered a criminal offense. If found guilty, the offender may face imprisonment (ranging from six months to three years) and/or a fine (ranging from fifty thousand to two lakh rupees). Criminal prosecution is usually reserved for cases involving infringement on a commercial scale or where the infringement is committed knowingly or intentionally.
• Notice and Takedown: In line with international best practice, the Copyright Act 1957 contains provisions for a notice and takedown mechanism. Copyright holders may send notices to Internet Service Providers (ISPs) or website owners hosting infringing content and request that such content be removed. Upon receipt of a valid notice, the ISP or website owner is required to promptly remove or disable access to the infringing material.Digital Rights Management (DRM): The Copyright Act of 1957 recognizes the importance of DRM technologies for the protection of copyrighted works in the digital realm. DRM refers to technologies that control access to copyrighted content and protect it from unauthorized use. The law prohibits the circumvention of DRM measures and provides legal remedies against such activities.
• Mediation and Alternative Dispute Resolution: To speed up the resolution of copyright disputes, the law further regulates mediation and alternative dispute resolution mechanisms. Copyright holders and alleged infringers may voluntarily engage in mediation or arbitration to settle without resorting to lengthy court proceedings.

Penalty for Copyright Infringement in India

Under the Copyright Act 1957, criminal prosecution can also be instituted against copyright infringement. A person found guilty of copyright infringement shall be punished with imprisonment for a term not less than 6 months to 3 years or with a fine not less than Rs. 50,000 to Rs. 2 lakhs.

As part of a criminal copyright infringement proceeding, a court may also order the search and seizure of infringing goods and delivery of the infringing goods to the actual copyright owner. To file a copyright infringement lawsuit, find an attorney to handle your case from our list of the best copyright lawyers.

How to Avoid Copyright Infringement in India?

Some tips to avoid copyright infringement in India:

• If you are not using an original work of literature, art, or music, it is important to check all licenses and permissions. Many copyright owners allow the use of their work without the need for direct permission, while most copyright owners allow the use of their work only after you obtain a license or permission from them.
• Be sure to use copyrighted work under “fair use” for educational or research purposes.
• When copyrighting your work, consult with a copyright lawyer to ensure you are not infringing on an existing work.

Final words

Legal action against copyright infringement is crucial for safeguarding the rights of creators and ensuring that they can benefit from their intellectual property. The Copyright Act provides copyright holders with a range of options to address infringement, including cease and desist letters, injunctions, damages, accounts of profits, and criminal prosecution. The enforcement of copyright laws not only protects the economic interests of creators but also encourages innovation and creativity in various fields. As technology continues to evolve, it remains essential to uphold copyright laws and strike a balance between the rights of copyright holders and the broader interests of society.

In case of any query regarding copyright infringement in India, a team of expert advisors from Legal Window is here to assist you at every step. Feel free to reach us at admin@legalwindow.in.