Legal Notice on Copyright Infringement in India

Copyright is a form of intellectual property that gives an exclusive right to the creator of literary, dramatic, musical work, computer program, artistic work, cinematography and sound recording for a certain time period. The creators of these works get copyright immediately after expressly making an expression and requires formal registration. Further, copyright law protects the expressed ideas and stops others from exploiting the author’s work without permission. The work under the protection of copyright is generally expressed with ©. 

What is Copyright?

Copyright is an intangible and incorporeal property with statutory rights for a limited period. It consists of a bundle of rights given by the law to creators of literary, dramatic, musical and artistic works. Once the work gets copyrighted, it can only be reproduced, adapted, communicated to the public or translation with the consent of the owner. 

Ownership rights of copyright 

Ownership of copyright and rights of the copyright owner are dealt under Section 17 and 18 of the Act.

• First owner 
• Persons other than the author as the first owner
• Joint authorship 

Permitting the third party to use the copyrighted work

In future course, if anyone interested in the copyrighted work of an author shall in accordance with section 14 of the copyright Act, 1957 gives an exclusive right to do or authorize the doing of any of the following acts in respect of work to – 

• To reproduce the work 
• Issue copies of the work to the public
• To make any adaptation of the work 
• Translation of the work 
• Include the work in cinematography 

Infringement of copyright 

Infringement means breach or violation. The owner of the copyrighted work has the exclusive right to do certain acts as publication, reproduction, composing etc. If any person does any of these acts without getting an approval of the owner of the copyright shall be deemed as committing an infringement of the copyright in the work. 

Acts deemed to be infringement of copyright 

According to Section 51 of the Act, the following acts amount to infringement of the copyright – 

• Making infringing copies for sale or letting out 
• Permitting any place for performance of works in public where such performance constitutes infringement of copyright 
• Distribution of infringed copy
• Public exhibition of such copies 

How to decide infringement?

Infringement of copyright can be decided only by expert evidence. It is a question of fact and it is a matter which can be established by evidence adduced before the Court. The Court may decide, whether or not there has been violation of copyright is to see if the reader or spectator review both the work and get an unmistakable impression that the subsequent work appears to be a copy of the first. 

Case law 

R G Anand Vs. Delux Films, AIR 1978 SC 1613 – it has been held that there shall be no copyright in an idea, subject matter, theme or plot or historical facts. Hence, infringement is confined only to form or expression of the idea or the manner of its arrangement and not the idea. 

Infringement of copyright 

According to the Copyright Act, the acts which are deemed to be a duplicate work of the copyrighted work shall be classified into civil as well as criminal infringement. The two remedies are distinct and independent and can be availed simultaneously. In the matter of criminal infringement mens rea is essential. 

Remedies against the infringement of copyright 

The owner of the copyright shall be entitled to remedies by way of injunctions and damages for the infringement of copyright through the Court. Similarly any person who knowingly infringes the copyright commits criminal offence which is punishable under Section 63 of the Copyright Act. 

Jurisdiction  

According to Section 60, a suit or other civil proceedings relating to infringement of copyright is filed either in the District or High Court within whose jurisdiction the plaintiff resides or carries on business or raise the cause of action arose and irrespective to the residence or place business of the business of the defendant. 

Format of the legal notice on copyright infringement

Ingredients of a copyright infringement notice

 Legal notices are sent for various purpose and the particulars of each notice differ from each other. Thus to draft an infringement legal notice, the contents shall be as follows – 

• Name of both parties
• The work protected by the copyright
• Date of creation of the work
• Date when the work was first published
• Date of copyright registration 
• Description of the violation of the copyright (include every details such as colour, size, slogans etc)
• Demands placed over the infringed party (Monetary remedies)
• Demands with respect to the course of action to be taken by the infringing party with a view to cease the violation of rights of the copyright holder

Format

Address date and place

Subject – Cease and desist notice for copyright infringement.

To,

M/s XYZ,

I/ my/ our client, _____________, am the sole owner of _______________ which is in the form of a _______________ and I/ my/ our client retains all the rights of this copyrighted work. I/ my/ our client have published on ______________ and it was first published on _____________ I got my work copyrighted on ________________. It has come to my notice that, you_______________, has been making an unauthorized usage of the work I/ my/ our client has published. I have not granted permission to you for utilization of the published work and under section 14 of the Copyright Act, 1957, I/ my/ our client as the sole copyright holder, reserve the right to distribution of my copyrighted work.

I would like to bring to your notice that, since your act amounts to infringement of my/ our client’s legal rights granted under section 63 of the Copyright Act, 1957, you are held liable to a fine ranging from INR ________________________ and also failing which criminal charges shall be pressed against you.

Further, I hereby, demand that you,

1. cease the unauthorized use of my copyrighted work;
2. provide me with a written assurance that you will desist from making any further unauthorized use of my copyrighted work;

My Client calls upon you to immediately act upon the requisitions stated above and compensate my Client for the loss suffered by my Client, I/ my/ our client hope that you understand the civil and penal charges that such an infringement of my legal right attracts and hope that you will work on the issue expediently. I/ we look forward to hearing from you within fifteen (15) days hereof that you shall comply with all of the requisitions set herein above. We hope to resolve the issue amicably. Should you wish to discuss this matter, please feel free to contact at the email/ phone number as mentioned 

Yours Sincerely,

Advocate