Author: Anchal Jain, Department of Law, Rajiv Gandhi College, Barkatullah University, Bhopal, India
1. Introduction
A number of amendments were made to the Copyright Act of 1957 in order to bring the laws that control copyright into conformity with one another. The Act became effective on January 21, 1957, and it continues to be applicable throughout the country of India. The Copyright Act of 1957 is a piece of legislation that was enacted in order to protect the original work that was created by creators.
2. To the Point
Copyright infringement occurs when an individual or entity distributes, reproduces, or performs any activities and provides a copyright work without the proper authorization of the creator or without consulting the authorship.
The Copyright Act of 1957 [United States] or equivalent statutes in another jurisdiction grant certain rights to the copyright owner as a result of such misuse. These rights include economic rights and moral rights.
2.1 Economic rights
These also referred to as the exclusive rights of the copyright holder, are discussed in Section 14. Section 14 encompasses rights such as the right to perform in public under the category of Original Literary, Musical, and Dramatic Work. Right to issue copies. Right to reproduce.
2.1.1 Under original literary, musical, and dramatic work
Right to perform at public.
Right to issue copies.
Right to reproduce.
Right to adaptation.
Right to make any translation.
Right to make cinematography and sound.
Under Cinematograph Film Work
Right to communicate.
Right to sell, rent, offer for sale.
Under computer work
Right to sell, rent, offer, for sale.
2.2 Moral Rights
Section 57 of the copyright Act 1957 talk about moral rights which is also recognize into two types of moral rights which are:
Right to paternity.
Right to integrity.
3. Legal Jargon
3.1 Exclusive Rights
An exclusive right is a legally recognized, ‘de facto’ non-tangible prerogative. Property law, copyright law, and patent law all grant exclusive rights in relation to public utilities.
3.2 De minimis use
It refers to the minimal or insignificant use of a copyrighted work that does not result in infringement.
3.3 Fair use doctrine
It permits limited use of copyrighted work material without infringement.
4. The Proof
The plaintiff must provide proof to establish copyright infringement. The plaintiff must demonstrate:
the originality of the work and its registration with the copyright office to establish the ownership of a valid copyright.
Infringement and Access: The plaintiff must prove that the defendant copied protected elements of the plaintiff’s work and also had access to it.
The elements that were copied and similarities between them demonstrate a significant resemblance between the two pieces.
Lack of authorization or defenses prevents the defendant from proving lawful use under doctrines such as fair use or statutory exceptions.
Evidence also includes licenses, digital records, timestamps, and expert testimony to establish originality and unauthorized copying.
5. Abstract
The law governing copyright ensures that creators retain exclusive rights to their intellectual property by providing protection and security for the original work of the owner or writer. In situations where there is an infringement of copyright, the owner has the opportunity to make use of their legal rights, and they can seek a variety of possible forms of redress.
These are as follows:
Recovery of damages
Civil remedies
Criminal remedies
Administrative remedies
Anton Piller order
When a person reproduces or displays a work that is protected by intellectual property rights without the permission, approval, or legal justification of the owner of the copyright, this is an infringement of the copyright. For the purpose of striking a balance between the rights of authors and the public’s access to knowledge and the enrichment of culture, the legal framework that surrounds copyright is essential. The purpose of this article is to provide a comprehensive overview of copyright infringement by analyzing and exploring a number of important elements, which include legal concepts and certain case laws.
6. Case Laws
Example of some case laws are as follows:
Harper & Row Publishers, Inc. v. Nation Enterprises [1985]. The court ruled that the Nation magazine’s publication of excerpts from Gerald Ford’s unpublished memoir did not constitute fair use, highlighting the harm to the original work’s market.
Capitol Records, LLC v. Redigi Inc. [2018] This case addressed digital music resale, with the court ruling that Redigi’s platform infringed copyright as it involved unauthorized reproduction of sound recordings.
7. Conclusion
In essence, the objective of copyright is to protect the rights or authorship of the creator, while at the same time providing advantages to the artist. Any individual who violates the copyright of another person or a creator will be held accountable for both criminal and civil liability in the event that they do so. By increasing public access to knowledge and creativity while simultaneously preserving the rights of creators, it seeks to achieve a delicate balance between the two goals. The ability to negotiate intellectual property rights in a responsible and ethical manner is facilitated for stakeholders by having knowledge of the legal framework, defenses, and penalties of copyright infringement.
8. FAQS
1. What is copyright?
Copyright means the exclusive rights to do or authorize the doing of any of the following acts in respect of a work or any substantial part of that work.
2. What is copyright infringement?
Copyright infringement occurs when a person uses a copyrighted work without permission and without authorization or legal justification, violating the owner’s exclusive rights.
3. How can I avoid copyright infringement?
Obtain proper permission, use works licensed under Creative Commons, or rely on public domain material. Ensure you provide the right acknowledgment when necessary.
