Copyright Infringement and its Remedies
Copyright infringement issue has raised an alarm in today’s world. When a person intentionally or unintentionally copies or uses the work of another creator, without his prior consent/permission, or any contract or licence or assignment ...
By: Rupiz Infotech
Copyright infringement issue has raised an alarm in today’s world. When a person intentionally or unintentionally copies or uses the work of another creator, without his prior consent/permission, or any contract or licence or assignment with the author as covered by the copyright law, it amounts to infringement. However, where the work of a creator is being used for private non- commercial purpose, criticism or review, or for educational purposes, it is not considered as an infringement.
It is generally seen that the owner of the copyright often uses a statement with the © symbol, the name of the copyright owner and the year of publication on the work itself. Although this is not essential, it will let others know when the term of protection started and hence whether it is still covered by copyright, and indicate who to approach should they need to ask permission to use the work. This also serves as a hindrance to those who purposely try and take a defence that the infringer was not aware of the fact that the work is copyrighted.
“Now-a-days, owners of the copyrighted works are widely using the search feature available in the internet to find out if any of their work is being copied or used without their authorization”
In case of any civil suits regarding copyright infringement, the concerned District Court has the exclusive jurisdiction. The owner of the Copyrighted work shall be entitled to all such civil remedies available by way of injunction, damages, and accounts and otherwise as are or may be conferred by law for the infringement of a right, including but not limited to the recovery of possession of the infringed work, confiscate the items, recover any profits that have been earned.
The punishment for infringement of copyright, as laid down under section 63 of the Indian Copyright Act, 1957, is imprisonment for six months but which may extend to three years and with fine which shall not be less than Rs. 50,000 but which may extend to Rs. 2,00,000. The punishment, in case of a second and subsequent conviction shall not be less than one year but which may extend to three years and with fine which shall not be less than Rs. 1,00,000 but which may extend to Rs. 2,00,000.
Seeing the foul side of the Copyright infringement, it is advisable that any person who wishes or intends to make use of any copyrighted work should do so either by taking prior written permission or through an explicit contract or license with the author or publisher and thus avoid infringement claims.
Corporate Legal Department,
Rupiz Infotech, an incubator of brilliant business ideas has created a distinct position of excellence in various verticals such as online finance solutions, telecom and online retail. The principal business units under its umbrella are RupizCompare, RupizMedia, Shakespeare Finance and ICallGlobe.