Copyright Law in India is controlled by the Copyright Act, 1957 and is on par with international norms.
Copyright Law in India is controlled by the Copyright Act, 1957 and is in line with international norms. In contrast to other laws, copyright infringement does not have to be restricted to territorial violations. Copyright Law is a way of ensuring the creator is the sole owner of his efforts or artistic work. First, one needs to understand what kinds or types of “work” can be protected by the Indian Copyright Act of 1957. In one sentence, “ideas are free from copyright however, they are not the actual expressions of those concepts.” In addition, the Act of 1957 provides a broad definitions of creative “works”.
1. It can refer to art work like sculpture, painting drawing (including diagrams, map, plan or chart) or an engraving, photograph, the work of architecture and other forms of artistic work cinematograph movies, such as audio recording, visual recording and any other similar process to cinematography. This includes video films.
2. It doesn’t matter if a work has any artistic merit because it’s dependent on perception.
3. The artist who is the creator of the work is usually the initial person who is the author or creator of work. In relation to drama or literary works it is the author of the work music work composed by composer or artistic work, the artist, photographer the photographer cinematograph film, or sound recording is the creator for computer-generated works, the person who caused that work produced.
4. With the rise of a flourishing IT sector the copyright for computers is also crucial in the present.
5. Computer programs can be described as any set of instructions written in terms, codes schemes, words, or any other format, which includes an readable machine capable of causing the computer to complete an action or get an outcome;
6. Dramatic works refer to any piece for recitation, choreographic works or entertainment in a dumb play or performances performed by performers, the staging arrangement or actingform that is determined in written or any other way, but is not the cinematograph film
7. In fact, Government Work has been defined by the Act of 1957 as any work created or published under the direction or supervision or supervision of Government or any other department within the Government, Legislature, court or tribunal or any another judicial authority in India.
8. Particular emphasis is placed on the copyright rights of the phonographic works. These are recordings of sound in various types like phonograms CD-ROMs, etc.
Any infringement on any one of the previously mentioned works, which means, the unauthorised reproduction or reproduction of any way (whether printed, sound video, copies, cassettes digital recordings, illegal broadcasting, translations into different languages and so on. ) Copying the work, etc. is forbidden.
Legal Alternatives for Copyright Infringement
The following remedies are available in the event of infringement of Copyright:
Civil Remedies:
This could include the granting of orders, such as injunctions, damages Interpretation of Accounts, stopping delivery, selling copies of copyrighted works and destruction of copied works and the award damage to original owners. Civil remedies are among the most frequently used remedies for copyright infringement.
Interlocutory Injunctions are requested as an option for a civil remedy. Interlocutory or interim injunction can be granted until the time a permanent injunction is granted prior to the end that the case is concluded. It is important to note that damages are not able to compensate for the loss suffered by the author, that is why injunctions are the best solution. Injunctions that are interlocutory provide immediate relief and immediately ends the continuous infractions to the copyright of the author.
Monetary Remedies: In accordance with section 55 and 58 under the Copyright Act, 1957, authors whose copyrights have been violated may seek compensation for the monetary damage incurred as a result of said violation. The author may claim accounts of profits, which means, they can seek compensation equal to the amount earned by selling copies of their work. The creator of the work could also pursue conversion damages, which means that the creator is compensated in proportion to the worth in the copyrighted work(s).
The court is also able to give search and seizure warrants (where it is required to stop the immediate circulation of material copied in violation of law). The orders are issued to the general public and the police can be granted the right to take and take away the work. The unintentional sellers of copyright-infringed works are often the biggest losses-bearers in these circumstances.
Criminal Alternatives:
This could take terms of jail time for the perpetrator, the imposition of fines, search and seizure warrants against copies of work, as well as the transfer of the work seized to the original owner. The Act stipulates that “intentional infringement” or abetment is a felony crime and can be punished with:
Punishment through imprisonment ranging between six and three years
Fines could be imposed for amounts of Rupees greater than 50,000 and up to Rs. 2, 00,000.
Search and Seizure warrants could be made to immediately stop transfer or the movement of work that is infringing.
The court is able to ordain the immediate transfer of the copyright infringing work the original creator.
Administrative Remedies:
It is also referred to border enforcement, sometimes. It involves directing destruction or stopping the circulation of copies. This type of ban will require the involvement of customs and border administration authorities.
A lawsuit for copyright infringement may be filed in District Court.
