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Information about Copyright Infringement in 2022

Copyright infringement

INTRODUCTION

As the name suggests, copyright is a legal right of protecting an author’s work. These are the rights given to someone who creates original work—for instance, poems, plays, books, articles, films, etc.

It is a type of intellectual property that includes the right to prepare derivative works, distribute the copies of work, reproduce the result and display the work on public platforms.

Therefore, any original content published online is also protected by copyright law. It is very significant in this digital era we live in. A large amount of content can be copied and pasted easily. The word ‘infringement’ means violation.

Infringement is the unauthorized use of material that is protected under intellectual property laws. The copyright laws are governed by The Copyright Act 1957.

 
 
 
 

The Act has been enforced from 21st January 1958. Since the colonial era history of copyright law in India can be traced back to the British Empire, and this Act has been amended six times since 1957.

The most recent amendment was made in 2012, through the Copyright (Amendment) Act 2012. Copyright Infringement is the violation of someone’s intellectual property rights.

The rights of the copyright holder are exclusive and can be breached if a third party uses their work. The most well-known examples are music and movies, which suffer from a huge amount of copyright Infringement. In simpler words, it is the theft of someone’s original creative work—section 51 of the Copyright Act,1957 states about infringement of copyright.

For instance, If a person uses someone else’s song as background music in their music video then they can be held liable for copyright infringement.

SITUATIONS WHEN COPYRIGHT IS PRESUMED TO BE INFRINGED
 

Section 51 of The Copyright Act, 1957 describes different acts which are considered copyright infringement. The provisions are as below :

1) When any person without a license granted by the copyright holder does anything which is conferred upon the owner of the copyright.

2) Where any person makes any sale or distributes the purpose of trade.

3) A reproduction of the work in any material form, including its preservation on any medium.

 

 
In addition to the Act, there are some more circumstances considered as Infringement of copyright. Some of the circumstances are as mentioned below:

• Piracy: It is an action where unauthorized copies or pirated copies are produced, distributed, and sold.

• Bootlegging: It refers to recording a live performance in an unauthorized manner. It is known as bootlegging. Any such act done without the permission of copyright holders or performers and then selling it is considered as Infringement.

• Counterfeiting: Counterfeiting is when copies are made through copying or recording to resemble the original work.

 
TEST FOR INFRINGEMENT

The burden to prove lies on the shoulder of the plaintiff. He has to show that the defendant copied directly from the plaintiff’s work. Any resemblance between the plaintiff’s work and the defendant’s work would play a significant role in proving Infringement.

• It can be inferred that the work is copied from the plaintiff’s work from the fact that the defendant had access to the plaintiff’s work.

• If the applicant offers sufficient evidence of access and similarity that would support copy inference, the accused must present evidence to rebut that inference which he is proving against him.

There are various tests available to check whether the copyright has been Infringed such as:

• The Protected Expression Test: The first test for misappropriation is to identify if the defendant’s work copies an expression protected by the plaintiff’s work, e.g., exclude those elements from the plaintiff’s work, which are not protectable under the law.

• Audience Test: To build up Infringement, the plaintiff should then show that any audience would discover the articulation in the defendant’s work generously like the plaintiff’s work. Courts commonly refer to this test as an “audience” test and at times as an “ordinary observers” test.

REMEDIES AVAILABLE
 

The civil solutions for copyright Infringement are secured under Section 55 of the Copyright Act of 1957.

In most cases, the application filled is for interlocutory help and the issue once in a while goes past the interlocutory stage.

There are three prerequisites to be an award of interlocutory injunction – Firstly, an at first sight case. Also, there should be an equalization of accommodation. At long last, there should be an irreparable injury.

 

Some Criminal Remedies Under the Copyright Act, 1957 the accompanying remedies are accommodated encroachment:

• Detainment as long as 3 years be that as it may, at least a half-year;

• Fine which may not be under 50,000 be that as it may, may stretch out up to 2,00,000;

• Search and seizure of Infringing merchandise;

• Conveyance of encroaching merchandise to the copyright proprietor.

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