By - King Stubb & Kasiva on August 15, 2023
Copyright is a collection of rights that are vested in the creator of the original work of authorship such as any literary work, music, movies, or software. Copyright is important for a variety of reasons including for the legal protection of one's work, for helping the author to exercise control over their work, and to provide ownership to the creator of the work. Copyright encourages the creators to come up with creative ideas. It is also granted to artistic work which includes painting, sculpture, diagrammatic representation as well as drawing. It is provided to all kinds of original literary, artistic, musical, or dramatic, sound recordings as well as cinematography.
The use of the internet has many underlying threats. And one of the biggest among those is copyright infringement. Copyright infringement is the unauthorized use of someone's work to make a profit resulting in the Copyright Infringement; which can mean infringement of certain rights of the Copyright holder, such as the right to distribute; reproduce; perform or even display the work that is protected.
Though it is not mandatory to get the copyright of the work registered; it is advisable as it works as valid proof during times of dispute. Although, the question is what remedies does the law provide?
Section 51 of the Copyright Act states the acts that are deemed as an infringement of copyright. These Acts are:
Copyright infringement has two elements:
Some common infringement issues are as follows:
Copyright Infringement can be classified into two categories; i.e.,
Primary infringement refers to the act of copying the work of the copyright holder. The types of primary infringement are as follows:
Secondary infringement on the other hand refers to the infringement of the copyrighted work without copying the same directly. The types of secondary infringement are:
The authors or copyright owners can take legal action against the person or entity that infringes their copyright.
Further, in case of a subsequent and second conviction; the punishment is imprisonment for a minimum of one year. This can extend to three years. Further, the minimum fine amount is 1 lakh; which can extend up to Rs. 2 lakhs.
The protection of IP Rights is important to make sure that your original work is not exploited. It is highly important to take the advice of a copyright lawyer to have full protection at every stage of the copyright life cycle. And even though registering a copyright is not important; frequently doing it is important to have solid evidence in case of a legal dispute. Also, before registration of the copyright, in the case of logos, it is important to conduct a proper search as a resemblance with a previous mark or logo will substantially impact the copyright in case of a legal dispute.
Furthermore; it is highly important to make sure that good legal advice is procured during the whole life cycle of the copyright; hence; for any further advice on the matters of the copyright dispute or registration; kindly get in contact with the details provided in the CONTACT US section with the firm.
In India, copyright infringement can result in both civil and criminal penalties. Civil remedies include injunctions, damages, and accounts. Criminal prosecution can lead to imprisonment for a certain period and fines, with the severity depending on factors like the nature and extent of the infringement.
To prove copyright infringement, the copyright holder must establish ownership of the copyrighted work and demonstrate that the alleged infringing party copied a substantial part of the work without authorization. Evidence of the original work, similarities, timelines, and any available communication can play a crucial role in establishing infringement in court.
A copyright assignment only happens after a written assignment between the assignor (copyright holder) and the assignee. Such a transfer can only be done either wholly or partially for such rights and for a predefined period of time. This assignment of right can be for a pre-existing work as well as for a future work. When a license is regarding any copyright in a future work, then in that case, the license shall take effect only when the work comes into existence.
 The Copyright Act 1957, Sec. 51, No. 14 of 1957, Acts of Parliament (India).
 YRF vs. Sri Sai Ganesh Productions; CS (COMM) 1329/2016
 Hawkins Cooker Ltd. vs. Magicook Appliances; AIR 2015 Cal 150
 The Copyright Act 1957, Sec. 55, No. 14 of 1957, Acts of Parliament (India).