Section 51 of the copyright Act,1957 explains Copyright infringement which refers to the unethical use of someone’s copyrighted work. So basically , in simple words it is the use of someone’s copyrighted work without the copyright holders permission resulting in infringing certain rights of the copyright holder, such as the right to reproduce, distribute, display or perform the protected work.
Section 51 of the Copyright Act specifies when a copyright is infringed. According to Section 51 of the Act, Copyright is deemed to be infringed if:
- A person without taking the permission of the copyright holder does any act which only the copyright holder is authorized to do.
- If a person permits the place to be used for communication, selling, distribution or exhibition of an infringing work unless and until he was not aware or has no reason to believe that such permission will result in the violation of copyright.
- A person imports infringing copies of a work done by copyright holder.
- A person without obtaining the permission from the copyright holder launches his work in any form.
- Copyright Infringement examples
- If an individual uses somebody’s tune as ambient sound in his/her music video then he could be made responsible for copyright encroachment.
- If an individual downloads motion pictures or tunes from an unapproved source then it will add up to copyright encroachment.
- A individual is allowed to record a TV program to see it later, yet on the off chance that he moves or disperses it to other people, it turns into a copyright encroachment.
- Copyright encroachment components
- The work was the first formation of the creator
- The litigant really replicated crafted by the creator. It is essential to take note of that not all genuinely duplicating is legitimately significant. The generous likeness between crafted by the creator and the litigant must be set up to demonstrate that the respondent has encroached the creator’s copyright.
Copyright Issues
There are a number of issues that can arise in Copyright. These are discussed below:
- Plagiarism
Somebody may duplicate the protected material and imagine it to be his unique work. Individuals are permitted to cite the work or allude the work however the individual who is utilizing the protected work needs to give the credit to the copyright holder.
- Ownership
The issue of possession may emerge when a business works for an association. In such case who has the copyright over the work? On the off chance that an individual is a business, it is the association which has the copyright over the material however assuming an individual is an independent author, it is simply the individual who is the sole proprietor of the protected material.
- Derivative Works
Subordinate works utilize the all around existing work of somebody. It is another rendition of previously existing material. For instance, making an interpretation of a book into another dialect. An individual requires a permit for it however assuming he has not acquired the permit for it, he can be made at risk for copyright encroachment.
Copyright infringement can be broadly classified into two categories as per the copyright act :
- Primary Infringement
- Secondary Infringement
