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Copyright Infringement

Courtesy/By: Joanna Lisa Mathias | 2021-02-10 08:32     Views : 269

The Intellectual Property Right is a legal right granted to owners for a particular period of time to protect their original work from unauthorized use. Copyright is one of the intellectual property rights automatically granted to the original work's author or creator, giving them the sole right to reproduce and distribute the copyrighted work. Copyright is one of the intellectual property rights automatically granted to the original work's author or creator, giving them the sole right to reproduce and distribute the copyrighted work.

 

Copyright subsists in the following original works: Literary works, Cinematographic works, Sound recording, Dramatic works Artistic works, and Musical works.

 

Two kinds of rights are protected by copyrights:

 

  • Economic rights: which enable the owner to derive financial reward from others' use of their work.

 

  • Moral rights: allowing certain actions to be taken by the owner of the original work to preserve and protect their work.

 

Copyright is important because It provides the owner of the original work with exclusive rights to reproduce, duplicate, transcribe, and translate the work. The owner can prevent the misuse of their original work and, if infringement occurs, can take legal action. The owner has the sole right to benefit from their work in monetary terms. Promotes innovation in society as owners enjoy the benefits and security of their creative work.

 

Copyright Infringement: 

To ensure that they can profit from their efforts, owners develop new work and get copyright protection. The owner has the sole authority to either sell his work or license it to a third party who can use his work, but if someone duplicates or reproduces the copyright holder's work without the permission of the latter, this can lead to an infringement of copyright in which the owner can take legal action against the infringer.

 

The exception to misuse required by Section 52 of the Copyright Act, 1957

  • Private or personal use, including studies
  • Criticism, whether of that work or any other work or review
  • The presentation of current events and current affairs, including the reporting of a public lecture.

 

Remedies for Copyright Infringement

 

  • Civil remedy: Under Section 55 of the Copyright Act, 1957, where copyright in any work has been infringed, by way of injunction, damages, & accounts, the owner of the copyright shall be entitled to all such remedies.
  • Criminal remedy: The copyright holder may bring criminal proceedings against the infringer under Section 63 of the Copyright Act, 1957, in which there is a provision of at least six months' imprisonment, which may be extended to three years, and a fine of Rs. 50,000, which may be extended to two lakhs.

 

Provided that if the defendant proves that he was not aware of the infringement at the date of the infringement and had no reasonable ground to believe that the copyright in the work existed, the defendant shall not be entitled to any remedy for all or part of the profits made by the defendant by selling the copies of the infringement, as the court may deem reasonable in the circumstances.

 

Conclusion:

The objective of copyright is to protect the rights of the original work's owners and to provide them with economic benefits for their creativity and diligence. Although it is not necessary to register the work, it is highly recommended to register as soon as one's idea is transformed into writings, as strong evidence will be presented to the court in the event of an infringement. It is strongly advised, therefore, to avoid plagiarism.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.

Courtesy/By: Joanna Lisa Mathias | 2021-02-10 08:32