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Copyright Infringment

Copyright infringement occurs when copyrighted works are used without permission, violating the copyright holder's exclusive rights. The Copyright Act, 1957 provides civil, criminal, border enforcement, and administrative remedies for infringement, with a limitation period of three years for lawsuits. Preventative measures for copyright owners include documenting use, registering copyrights, and monitoring habitual infringers.

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3 views6 pages

Copyright Infringment

Copyright infringement occurs when copyrighted works are used without permission, violating the copyright holder's exclusive rights. The Copyright Act, 1957 provides civil, criminal, border enforcement, and administrative remedies for infringement, with a limitation period of three years for lawsuits. Preventative measures for copyright owners include documenting use, registering copyrights, and monitoring habitual infringers.

Uploaded by

Mudit Bohara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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COPYRIGHT INFRINGEMENT AND REMEDIES

Copyright Infringement
 Copyright infringement occurs when works protected by copyright law are used without permission, thereby infringing on the copyright holder's exclusive
rights to reproduce, display, distribute, or perform such protected work, as well as the right to create derivative works.

 The following are some of the most well-known examples of copyright infringement:

• Making copies that are infringing for the purpose of sale or hire, or selling or letting them for hire;

• Permitting the public performance of works in any location where such performance would be a copyright infringement;

• Distributing illegal copies for commercial purposes or to such a degree as to jeopardize the copyright owner's interests;

• Importation of infringing copies into India; and

• Public presentation of infringement copies by way of trade


Remedies

 The remedies provided under the Copyright Act, 1957 for the infringement of copyright are as follows:

• Civil remedies - these provide for injunctions, damages, rendition of accounts, delivery and destruction of infringing
copies and damages for conversion;

• Criminal remedies - this includes fine and imprisonment;

• Border enforcement – The Act also prohibits the importation and destruction of imported goods that infringe on a
person's copyright with the help of Indian customs authorities.

• Administrative remedies – Administrative remedies include petitioning the Registrar of Copyrights to prohibit the
importation of infringing copies into India when the infringement occurs through such importation, as well as requesting
the delivery of confiscated infringing copies to the copyright owner.

The limitation period for bringing a lawsuit for copyright infringement damages is three years from the date of the
infringement. In addition to such damages, the owner of a copyright may seek the account of profits.
 The Copyright Act, 1957 provides for enforcement of copyright through the penal provisions under Chapter XIII of the Act. These are as follows 1 :

1. Section 632 - any person knowingly infringes or abets infringement of the copyright in a work and any other right as covered by the Copyright Act,
1957 (broadcast reproduction rights, performers’ rights, moral rights, etc), such person may be punished with imprisonment of a minimum term of
six months and a maximum term of three years, and a fine of between 50,000 and 200,000 rupees.

2. Section 65A3 - penalizes circumvention of effective technological measures that may be applied to copies of a work with the purpose of protecting
any of the rights conferred under the Act (i.e., copyright, performance rights). The punishment under this provision is imprisonment that may extend
to two years and payment of a fine. This Section was inserted by the Copyright (Amendment) Act, 2012.

3. Section 65B4 - this Section makes unauthorized removal or alteration of ‘rights management information’ punishable with imprisonment of up to
two years and payment of a fine. The provision makes the unauthorized distribution, broadcast or communication to the public of copies of the work
punishable in the same manner if the person is aware that electronic rights management information in the copy has been removed or altered.
Section 65B was inserted by the Copyright (Amendment) Act, 2012.
1
https://www.lexology.com/library/detail.aspx?g=96a0fc1e-d8de-4efe-9f7b-d9ed17752bc4
2
Section 63 of the Copyright Act, 1957
3
Section 65A of the Copyright Act, 1957
4
Section 65B of the Copyright Act, 1957
How May Copyright Infringement Be Prevented?
 Although no amount of care can guarantee a 'infringer-free' environment, copyright owners can take certain preventative measures,
such as:

• Documenting all the of instances of use;

• Registering the copyright;

• Providing a proper notice of his copyright;

• Monitoring and being aware of the actions of those who are habitual infringers;

• Including a confidentiality term while working with independent contractors and employees; and

• Putting in place proper agreements for licensing.


THANK YOU!

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