Overview

Copyright infringement occurs when someone uses another’s original creative work without permission or authorisation. In India, copyright is governed by the Copyright Act of 1957 and its amendments.

When someone reproduces, distributes, displays, or performs copyrighted work without the owner’s consent, they infringe on the owner’s rights. For example, copying music, movies, books, or other creative works without permission, using photographs, videos, or graphics without permission, or uploading or sharing copyrighted content online are examples of copyrighted content.

In India, copyright owners have the exclusive right to reproduce, publish, and sell their work. Any unauthorised use of copyrighted material violates the owner’s rights and could result in legal action, including civil and criminal penalties. Before using another’s creative work, it is important to obtain the appropriate permissions and licenses to avoid copyright infringement. Obtaining written consent from the owner, obtaining a license, or using works in the public domain or covered by fair use are all ways to accomplish this.

Define Copyright Infringement

Copyright infringement means using, copying, sharing, or displaying someone’s creative work without permission. This includes using a part of their work in your own creation, copying their work or sharing it with others without permission. Copyright laws protect different types of creative work, such as books, music, movies, paintings, photos and software. To avoid breaking these laws, you should always ask for permission before using someone else’s work. If you’re caught breaking these laws, you could face serious penalties such as fines or lawsuits. It’s important to know what’s considered copyright infringement and take steps to avoid it.

What Documents You Need to Fight a Copyright Infringement?

• A copy of the original copyrighted work
• Proof of ownership or authorship of the copyrighted work
• Evidence of the alleged infringement, such as copies of the infringing work or website links
• A cease and desist letter or DMCA takedown notice sent to the infringing party
• Any correspondence or communication with the infringing party, including emails or letters
• Witness statements or affidavits from anyone who has knowledge of the infringement
• Any contracts or agreements related to the copyrighted work, such as licensing or distribution agreements
• Any relevant copyright registration certificates or applications
• Documentation of any damages or financial losses incurred as a result of the infringement, such as sales reports or financial statements.

Types of Copyright Infringement in India

Here are some of the types of copyright infringement in India:

• Direct infringement: This occurs when someone copies or reproduces a copyrighted work without permission from the owner.
• Indirect infringement: This occurs when someone contributes to or facilitates copyright infringement, such as providing equipment or services that enable the copying or distribution of copyrighted material.
• Secondary infringement: This refers to the unauthorised sale or distribution of copyrighted works by someone other than the copyright owner.
• Plagiarism: This occurs when someone presents someone else’s work as their own without giving proper credit or permission.
• Piracy: This involves the unauthorised reproduction or distribution of copyrighted material, such as music, movies, or software.
• Infringement on moral rights: This refers to the violation of the non-economic rights of the copyright owner, such as the right to be recognised as the author of a work or the right to prevent any distortion or mutilation of a work.

Rights of a Copyright Owner

The copyright owner has the exclusive right to do the following with their work:

• Reproduce the work. This means making copies of the work in any form, such as printing, photocopying, or scanning.
• Prepare derivative works. This means creating a new work based on the original work, such as a translation, adaptation, or sequel.
• Distribute copies of the work to the public. This means selling, renting, or lending copies of the work to others.
• Perform the work publicly. This means performing the work in front of an audience, such as a play or a song.
• Display the work publicly. This means displaying the work in a public place, such as a painting or a sculpture.
• Digitally transmit the work. This means making the work available online, such as streaming a movie or a song.

Law & Government: Who Can Initiate Proceedings for Copyright Infringement?

• The owner of the copyright: The owner, whether an individual or a corporation, is entitled to take legal action against anyone who infringes on their copyright.
• Exclusive licensee: If a person has an exclusive license to use the copyrighted work, they can initiate legal proceedings against anyone who infringes on their rights.
• Assignee: If a person has assigned the copyright to another person or entity, that assignee can initiate legal action against anyone who infringes on the copyright.
• Legal representatives: If the copyright owner has passed away, their legal representative or estate can initiate legal proceedings on their behalf.
• Copyright Society: In India, there are several copyright societies, such as the Indian Performing Rights Society (IPRS) and the Phonographic Performance Limited (PPL), which are authorised to collect royalties on behalf of copyright owners. These societies can also initiate legal action against copyright infringement.

Copyright Infringement Cases in India

Bata India Ltd vs. Pyare Lal & Anr. (1985)

In this case, Bata India Ltd filed a lawsuit against Pyare Lal & Anr. for copying its design of shoes. The court ruled in favour of Bata India and held that the design of the shoes was unique and original, and therefore entitled to copyright protection.

Delhi Public School Society vs. D.A.V. Public School (2019)

In this case, the Delhi Public School Society sued D.A.V. Public School for infringing on its copyright by using its logo and name without permission. The court ruled in favour of the Delhi Public School Society and held that the use of the logo and name without permission amounted to copyright infringement.

YRF vs Sri Sai Ganesh Productions:

In this case, Yash Raj Films (YRF) sued Sri Sai Ganesh Productions for infringing on the copyright of the film ‘Dhoom 3’ by making and distributing a pirated copy of the film. The court ruled in favor of YRF and ordered Sri Sai Ganesh Productions to pay damages.

Hawkins Cooker Ltd vs Magicook Appliances:

In this case, Hawkins Cooker Ltd sued Magicook Appliances for infringing on their trademark by using the Hawkins Cooker Ltd label on their pressure cooker line. The court ruled in favor of Hawkins Cooker Ltd and prohibited Magicook Appliances from using the Hawkins Cooker Ltd label.

Super Cassettes Industries Limited vs YouTube and Google:

In this case, Super Cassettes Industries Limited (SCIL) sued YouTube and Google for infringing on the copyright of music videos by uploading and hosting them on YouTube without permission. The court ruled in favor of SCIL and ordered YouTube and Google to remove the infringing music videos and pay damages.

RG Anand v. Deluxe Films:

In this case, RG Anand, the author of the novel ‘Guide’, sued Deluxe Films for infringing on the copyright of the novel by making and distributing a film based on the novel without his permission. The court ruled in favor of RG Anand and ordered Deluxe Films to pay damages.

University of Oxford v. Rameshwari Photocopy Service:

In this case, the University of Oxford sued Rameshwari Photocopy Service for infringing on the copyright of its textbooks by photocopying and selling them without permission. The court ruled in favor of the University of Oxford and ordered Rameshwari Photocopy Service to pay damages.

Copyright Infringement Notice

A copyright infringement notice is a written communication from the copyright owner or their representative to the person who is alleged to have infringed the copyright. The notice typically includes the following information:

• The name and contact information of the copyright owner.
• The title of the copyrighted work that has been infringed.
• The specific content that is alleged to be infringing.
• A demand that the infringer stop using the copyrighted material.
• A warning that the copyright owner may take legal action if the infringer does not stop using the copyrighted material.

Instances Where Copyright Infringement Occurs

Copyright infringement occurs when someone uses a copyrighted work without the copyright owner’s permission. There are many different ways that copyright infringement can occur, but some of the most common instances include:

• Unauthorised copying. This includes copying a copyrighted work, such as printing, photocopying, or scanning.
• Unauthorised distribution. This includes selling, renting, or lending copies of a copyrighted work to others.
• Unauthorised performance. This includes performing a copyrighted work in public, such as a play or a song.
• Unauthorised display. This includes publicly displaying a copyrighted work, such as a painting or sculpture.
• Unauthorised creation of derivative works. This includes creating a new work based on a copyrighted work, such as a translation, adaptation, or sequel.
• Unauthorised uploading or downloading of copyrighted works. This includes uploading or downloading copyrighted works from the internet without permission.

Copyright Infringement Examples

Copyright infringement can also occur in the digital world. Some of the most common instances of digital copyright infringement include:

• Online piracy. This is the unauthorised copying and distribution of copyrighted works online, such as movies, music, and software.
• Cybersquatting. This is registering a domain name identical or confusingly similar to a trademark or copyright-protected work.
• Deepfakes. These videos or images have been manipulated to make it appear as if someone is saying or doing something they never said or did. Deepfakes can be used to infringe on the copyright of the person whose likeness is used in the fake.

What Type of Legal Actions Can Be Taken for Legal Infringement?

• Injunction: An injunction is a court order that requires the infringing party to stop using the copyrighted work. The copyright owner can seek an injunction to prevent further infringement.
• Damages: The copyright owner can seek monetary damages for the loss they have suffered due to the infringement.
• Account of profits: The copyright owner can seek an account of profits from the infringing party, which means that the infringing party must pay the profits they made from the copyrighted work to the copyright owner.
• Seizure and destruction of infringing copies: The copyright owner can seek an order from the court to seize and destroy infringing copies of the copyrighted work.
• Criminal action: In cases of serious infringement, the infringing party can be prosecuted under criminal law. The penalty for criminal copyright infringement can be imprisonment and a fine.

Steps for Infringement Vigilance & What Are the Common Platforms Wherein Infringement Is Taking Place?

Steps for Infringement Vigilance

• Monitor the market regularly to check for any unauthorised use of copyrighted works
• Please keep track of competitors and their products to identify potential infringement
• Register the copyright for the creative work to establish legal ownership
• Issue cease and desist letters to infringing parties
• Seek legal advice and take appropriate legal action, such as filing a lawsuit, if necessary

Common Platforms Wherein Infringement Is Taking Place

• Social media platforms like Facebook, Instagram, and Twitter
• E-commerce websites like Amazon, Flipkart, and Snapdeal
• Torrent websites and file-sharing platforms like The Pirate Bay and BitTorrent
• Streaming websites and apps like Hotstar, Netflix, and Prime Video
• Print and online publications that reproduce copyrighted content without permission

What Does Not Amount to Copyright Infringement?

Copyright infringement occurs when someone uses a copyrighted work without the permission of the copyright owner. However, there are some exceptions to copyright infringement. These exceptions are known as fair use.

Fair use is a legal doctrine that allows you to use copyrighted material without permission in certain limited circumstances. The four factors that courts consider when determining whether a use is fair use are:

• The purpose and character of the use, including whether it is for commercial or educational purposes.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• The effect of the use on the potential market for or value of the copyrighted work.

Copyright Infringement Act/Law India

Copyright infringement in India is governed by the Copyright Act, 1957. The Act defines copyright as the exclusive right to do or authorize the following acts in respect of a work:

• Reproduce the work in any material form.
• Communicate the work to the public.
• Perform the work in public.
• Adapt the work.
• Create a derivative work.
• Distribute copies of the work to the public.
• Import copies of the work into India.

Copyright infringement occurs when someone does any of these acts without the permission of the copyright owner. The Act provides for civil and criminal remedies for copyright infringement.

The civil remedies for copyright infringement include:

• Injunction. This is an order from the court that prohibits the infringer from continuing to infringe the copyright.
• Damages. This is money that the infringer must pay to the copyright owner to compensate them for their losses.
• Profits. This is money that the infringer must pay to the copyright owner to account for the profits they made from infringing the copyright.
• Account of profits. This is an order from the court that requires the infringer to account for all of the profits they made from infringing the copyright.

The criminal remedies for copyright infringement include:

• Imprisonment for up to three years.
• Fine of up to Rs. 2 lakh.

The Copyright Act also provides for certain exceptions to copyright infringement. These exceptions include:

• Fair use. This allows the use of copyrighted material for certain limited purposes, such as criticism, comment, news reporting, teaching, scholarship, or research.
• Use by libraries and archives.
• Use by governments.
• Use by people with disabilities.

Copyright Infringement in Cyber Law

Copyright infringement in cyber law is the use of copyrighted material without the permission of the copyright owner in the digital environment. This can include activities such as:

• Uploading or downloading copyrighted content without permission.
• Sharing copyrighted content with others.
• Reproducing copyrighted content without permission.
• Modifying copyrighted content without permission.
• Circulating or distributing infringing copies of copyrighted content.
• Making unauthorized copies of software.
• Cybersquatting. This is the registration of a domain name that is identical or confusingly similar to a trademark or copyright-protected work.
• Deepfakes. These are videos or images that have been manipulated to make it appear as if someone is saying or doing something they never said or did. Deepfakes can be used to infringe on the copyright of the person whose likeness is used in the fake.

Copyright infringement in cyber law can be a serious offense, and it can have a significant impact on the creative industries. The penalties for copyright infringement can include:

• Civil damages. This is money that the infringer must pay to the copyright owner to compensate them for their losses.
• Criminal penalties. This can include imprisonment and fines.
• Injunction. This is an order from the court that prohibits the infringer from continuing to infringe the copyright.
• Imposition of technical measures. This can include orders to remove infringing content from the internet or to disable websites that are used to infringe copyright.

If you believe that your copyright has been infringed in cyber law, you should consult with an attorney to discuss your legal options.

Here are some tips to avoid copyright infringement in cyber law:

• Always get permission from the copyright owner before using their work.
• If you are unsure whether you need permission, err on the side of caution and get permission anyway.
• Only use copyrighted works for non-commercial purposes.
• Give credit to the copyright owner whenever possible.
• Do not modify or alter copyrighted works without permission.
• Do not distribute or share copyrighted works without permission.

Why Monitoring of Infringement and Timely Action Important?

• Protecting intellectual property:
  In order to protect the intellectual property of the copyright owner, it is essential to monitor infringements and take appropriate action in a timely manner.
• Preventing financial loss:
  The infringement of a copyright can result in financial loss to the owner of the copyright since the infringer may be profiting from the unauthorised use of a copyrighted work.
• Maintaining market share:
  It is possible for the owner of a copyright to lose its market share if no action is taken against infringement.
• Establishing legal ownership:
  The registration of copyright as well as taking timely action against infringement, can assist in establishing legal ownership of a creative work.
• Maintaining a reputation:
  Copyright infringement can adversely affect the reputation of the copyright owner and their work. It is possible to prevent this from occurring by taking timely action.
• Avoiding legal consequences:
  In the event that you fail to take action against an infringement, you may lose your right to bring a lawsuit or be liable for damages.

Example Of Copyright Infringement

Suppose a music composer creates a song and obtains copyright protection for it. The song became popular and is widely played on radio stations, streaming platforms, and other media channels. However, another musician copies the song without permission, makes a few changes, and releases it as their own work.

This action would constitute a copyright infringement as the second musician used the original work without permission and made unauthorised changes to it. The original composer has the exclusive right to reproduce, distribute, and adapt their work, and the second musician’s actions violate these rights. In this scenario, the original composer can take legal action against the second musician for copyright infringement. They can also seek damages for any losses incurred due to the unauthorised use of their work.

Civil and Criminal Remedies in Case of Copyright Infringement and Process for Initiating Such Proceeding

Civil Remedies

• Injunction: A court order to stop the infringing activity
• Damages: Compensation for losses incurred due to the infringement
• Account of profits: Recovery of profits made by the infringer through the unauthorised use of the trademark
• Delivery or destruction of infringing goods: Removal of infringing products from the market

Criminal Remedies

• Imprisonment: The offender may be sentenced to a term of imprisonment ranging from six months to three years
• Fine: The infringer may be fined up to ₹2,00,000 (approx. $2,700)
• Seizure and forfeiture of infringing goods: The infringing goods may be seized and forfeited to the government

Process for Initiating Proceedings

• Notice of Infringement: The first step is to notify the infringer of the trademark violation and ask them to stop the infringing activity. This is usually done by a lawyer representing the trademark owner.
• Filing a Suit: If the infringer fails to stop the infringement, the trademark owner can file a civil suit for trademark infringement in a court having jurisdiction. The suit must be filed within three years from the date of infringement.
• Filing a Complaint: If the infringement is criminal in nature, the trademark owner can file a complaint with the police or a magistrate under the Indian Penal Code. The complaint must be filed within three years from the date of the infringement.
• Evidence and Trial: The next step is to gather evidence to support the trademark owner’s claim. The case will then proceed to trial, where the trademark owner will need to prove that their trademark was infringed upon.
• Remedies: If the trademark owner is successful, they can obtain the appropriate remedies, such as an injunction, damages, or criminal penalties.

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