Author: Anurag Singh, New Law College BVP PUNE
Introduction
A subset of intellectual property law known as copyright gives authors of creative works the sole authority to use and distribute their creations. It is applicable to software, artistic creations, movies, music, literature, and more. However, copyright infringement—a violation of fundamental rights—has grown more frequent and sophisticated as the digital era progresses. This article explores copyright infringement’s definition, legal framework, types, repercussions, significant instances, and contemporary issues.
Meaning of Copyright Infringement
Copyright infringement occurs when a copyrighted work is used, reproduced, distributed, performed, or displayed publicly without the permission of the copyright holder. It essentially means unauthorized use of protected content in ways that violate the copyright owner’s exclusive rights as defined by law.
Examples include:
Uploading a copyrighted movie on YouTube without permission.
Copying text from a book or article and presenting it as one’s own.
Using copyrighted software without a valid license.
Sampling music without consent from the copyright owner.
Legal Framework
International Framework
Several international agreements regulate copyright law, such as:
Berne Convention for the Protection of Literary and Artistic Works (1886)
TRIPS Agreement (1995) – Trade-Related Aspects of Intellectual Property Rights.
WIPO Copyright Treaty (1996)
These conventions establish minimum standards for copyright protection globally.
Indian Legal Framework
In India, the Copyright Act, 1957, governs copyright law. The Act has been amended several times, notably in 2012, to address digital piracy and protect rights in the digital environment.
Key features of the Act:
Duration of copyright: lifetime of the author plus 60 years.
Rights include reproduction, distribution, communication to the public, adaptation, and translation.
Civil and criminal remedies are available for infringement.
Types of Copyright Infringement
1. Direct Infringement
This occurs when an individual directly copies or uses a copyrighted work without authorization. Examples:
Reproducing text, images, or music.
Pirating movies or books.
2. Contributory Infringement
This occurs when a person or entity facilitates or encourages another person to infringe. For instance, a website that allows users to upload pirated content may be liable.
3. Vicarious Infringement
Happens when an entity gains financial benefit from copyright infringement and has the right and ability to control it (e.g., a hosting platform).
4. Digital Piracy
Downloading or streaming copyrighted content illegally falls under this category. The internet has exacerbated this form of infringement due to the ease of replication and distribution.
Exceptions to Copyright Infringement
Not all uses of copyrighted content are unlawful. Legal doctrines and statutory provisions offer exceptions:
1. Fair Use (U.S.) / Fair Dealing (India)
Under Section 52 of the Indian Copyright Act, fair dealing is permitted for:
Research or private study.
Criticism or review.
Reporting current events.
Educational use.
However, this defense depends on factors such as purpose, nature, and the amount of the portion used.
2. Public Domain
Works in the public domain are no longer protected by copyright and can be freely used.
3. Licensing and Compulsory Licenses
If the user has obtained a valid license or if a compulsory license is granted by a court or government, usage is lawful.
Consequences of Copyright Infringement
1. Civil Remedies
As per the Copyright Act, a copyright owner may claim:
Injunction (temporary or permanent)
Damages or profits gained from infringement
Accounts of profits
2. Criminal Remedies
Under Section 63 of the Copyright Act:
Imprisonment from 6 months to 3 years
Fine from ₹50,000 to ₹2 lakh
Repeat offenses attract higher penalties.
3. Technological Measures
Digital Rights Management (DRM), watermarks, and encryption are used to prevent or trace infringement.
Landmark Cases in India
1. R.G. Anand v. M/s. Delux Films (1978)
The Supreme Court laid down that if there is substantial similarity in theme and expression, it may amount to infringement.
2. Super Cassettes Industries Ltd. v. Hamar Television Network Pvt. Ltd. (2011)
The Delhi High Court held that broadcasting copyrighted songs without permission amounted to infringement.
3. My Space Inc. v. Super Cassettes Industries Ltd. (2016)
This case emphasized the responsibilities of digital platforms and the need for notice-and-takedown mechanisms to avoid contributory infringement.
International Landmark Cases
1. Sony Corp. of America v. Universal City Studios (1984) 464 U.S. 417
The U.S. Supreme Court ruled that private, non-commercial time-shifting of TV programs (via VCRs) was fair use and not copyright infringement. This case paved the way for home recording.
2. Harper & Row Publishers v. Nation Enterprises (1985) 471 U.S. 53
The U.S. Supreme Court ruled that quoting substantial parts of President Ford’s unpublished memoirs was not fair use. Even newsworthiness doesn’t justify copyright infringement.
3. Google LLC v. Oracle America, Inc. (2021)
The U.S. Supreme Court held that Google’s copying of Java API code was fair use, as it transformed the code and was necessary to create a new, innovative product (Android).
4. Capitol Records v. Thomas-Rasset (2012)
The defendant was found liable for illegally sharing music online via P2P networks, and the Court awarded substantial statutory damages, underlining the seriousness of digital copyright violations.
5. A&M Records, Inc. v. Napster, Inc. (2001) 239 F.3d 1004
The U.S. Ninth Circuit held that Napster was liable for contributory and vicarious copyright infringement due to facilitating illegal music file sharing.
Copyright Infringement in the Digital Era
The digital revolution has transformed the dynamics of copyright infringement. Key developments include:
1. Streaming and Downloading Piracy
Pirated websites and torrents often host copyrighted movies, music, and software, affecting the revenue of original creators.
2. Social Media and User-Generated Content
Platforms like YouTube and Instagram regularly face issues where users upload copyrighted materials. These platforms often use Content ID systems and takedown notices under the DMCA (Digital Millennium Copyright Act).
3. Artificial Intelligence and Copyright
AI-generated works raise novel questions:
Can AI-generated content be copyrighted?
Does using copyrighted training data to train AI models constitute infringement?
Laws around the world are evolving to address these gray areas.
Combating Copyright Infringement
Efforts to reduce infringement involve a multi-pronged approach:
1. Legal Enforcement
Strengthening copyright enforcement mechanisms.
Fast-track courts for IP matters.
Cross-border cooperation for international piracy.
2. Awareness Campaigns
Educating creators and consumers about copyright laws and ethical usage of content.
3. Licensing Models
Making legal content affordable and easily accessible through platforms like Netflix, Spotify, Kindle, etc.
4. Technological Tools
Using AI, blockchain, and watermarking to track and prevent infringement.
Challenges Ahead
Despite legal and technological safeguards, multiple challenges persist:
Anonymity on the internet makes enforcement difficult.
Jurisdictional issues with international infringers.
Balancing free expression and fair use with copyright protections.
Constant evolution of piracy techniques (e.g., VPNs, mirror sites).
Conclusion
Copyright infringement continues to be a major issue in protecting intellectual creativity. While legal frameworks have expanded their reach, especially in the digital domain, challenges like digital piracy, AI-generated content, and cross-border enforcement demand dynamic solutions. A combined effort of stringent law enforcement, awareness, and technological innovation is essential to protect the rights of content creators and uphold the spirit of intellectual property rights.
References
The Copyright Act, 1957 (India)
Berne Convention for the Protection of Literary and Artistic Works
Important Supreme Court and High Court judgments
WIPO and TRIPS resources
Digital Millennium Copyright Act (U.S.)
FAQs
Ques 1: What is copyright?
Ques 2: What is the scope of protection in the Copyright Act, 1957?
Ques 3: Does copyright apply to titles and names?
Ques 4: Is it necessary to register a work to claim copyright?
Ques 5: Where I can file application for registration of copyright for a work?
