Where there is a right there can be the possibility that the right can be infringed. Nowadays with the onset of technology, the infringement of copyright has been tremendously increased. Under the Copyright Act, section 52 deals with the exclusive rights of the author, and any infringement of those rights will amount to the infringement of the Copyright. The infringement of copyright is now considered to be a common crime.
Section 14 of the Copyright Act defines what copyright is. It states that copyright is an exclusive right or it can be the authorization to do certain work. Those work can be –
- Reproduce the work in any form including storing the work in any formhttps://blog.ipleaders.in/copyright-infringement/
- Issue copies of the work to the public https://blog.ipleaders.in/copyright-infringement/
- Perform the work in Public
- Make any cinematographic film in respect of the work https://blog.ipleaders.in/copyright-infringement/
- Translate the work
- Make an adaptation of the workhttps://blog.ipleaders.in/copyright-infringement/
The infringement of the copyright can be only be raised when the two grounds are established.
- When the ownership is established.
- That the infringer is copied.
Infringement can be said to be done –
- The infringement did through the mode of copies.
- Public exhibition for the purpose of commercial use and to gain profit.
- Distribution of the infringement of the copyright for commercial use and with the motive to gain profit.
- Selling the infringing copies.
In the case of the R. G. Anand Vs De lux Filmi (AIR 1978 SC 1613), it was stated that “Infringement of copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law, and infringement of copyright, or piracy, which is a synonymous term in this connection, consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by the statute on the owner of the copyright”( http://studymaterial.unipune.ac.in:8080/jspui/bitstream/123456789/5724/1/COPYRIGHT%20LAW%20IN%20INDIA.pdf)
The remedy for the infringement of the copyright can be both civil and criminal.
Under section 62(1) of the Indian Copyright Act, the suit for the infringement of the copyrights can be filed. The civil remedy can be by the way of –
- remedies to seek Damages
- Account of profits
Criminal Remedies can be –
- Imprisonment for a minimum period of six months and a maximum period of three years.
- Fine which shall not be less than 50,000 and extend up to 2,00,000.
- Search and seizure of the infringing goods including plates which are defined as including blocks, molds, transfers, negatives, duplicating equipment, or any other device used or intended to be used for printing or reproducing copies of the work.https://www.mondaq.com/india/corporatecommercial-law/1825/civil-and-criminal-remedies-in-copyright-infringement–part-2–remedies
- Delivery of infringing copies to the owner of the copyright.
Administrative remedies consist of moving the Registrar of Copyrights to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery. Here the registrar is in the power to make the decision regarding the import of the copies which infringes the copyright.(https://ccsuniversity.ac.in/bridge-library/pdf/BALLB-1205-VIII-SEM-INTELLECTUAL-PROPERTY-LAW-BL-803-Lecture-on-remedies-against-infringement-of-copyright.pdf)