Chandana
Copyright Infringement- Meaning
The Infringement of copyright is a trespass on a private domain owned and occupied by the owner of the copyright and therefore, to be protected by law.
What amounts to Copyright Infringement?
Section 51 of Act, 1957 a work shall be deemed to infringed if any person
does any act without the permission of the copyright owner who has the exclusive right to do that act and the registrar of the copyright; or
does any act which amounts to selling, exhibiting in public, distributing or import into India the copyrighted work.
Test to determine the Infringement
The Supreme court has laid down the following prepositions for considering whether there has been an infringement
There can be no copyright in an idea, subject matter, themes, plots, historical or legendary facts and violation of the copyright in such work is confined to the form, manner and arrangement and expression of the idea by the author of the copyrighted work.
The courts determine whether or not the similarities are on fundamental or substantial aspects of the mode of expression.
And by reading or viewing the copyrighted work the reader or the viewer should get the impression that the subsequent work appears to be a copy of the original.
Infringement of literary, dramatic work
Two elements to decide whether there is an infringement
The objective similarity between the infringed work and copyright work.
Copyright must be the source from which the infringed work is derived from.
Infringement of artistic work
When there is a reproduction of artistic work in a material tangible form.
Infringement of Cinematographic film
When the work is recognised by the common man as having been taken from the copyrighted source.
What does not amount to Infringement?
Section 52 of the Act, states a fair dealing of work in literary, dramatic, musical, artistic work for the purpose of
Research or private study.
Criticism or review.
Reporting of current events, lectures delivered in public and current affairs.
Who can sue for Infringement?
Section 55 of the Act, asserts that only the owner has an exclusive right to sue for infringement.
Remedies available to the Copyright owner
Section 55 of the act: Civil remedies in the form of injunction, damages and accounts
Section 63 to 70 of the act: Criminal remedies by way of imprisonment which may extend to three years and fine which shall not be less than INR 50,000 and may extend to INR 2,00,000.
John Doe Orders
These orders are granted against the unknown persons who seem to be a threat to Intellectual Property Rights. In simple terms, where the court grants injunction to certain people to stop doing certain things.
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