Enforcement of Copyright.

The enforcement of Copyright in India contribute for both civil remedies and criminal remedies. Hence, the motive of Copyright is to secure the writer’s work. In India, the government body that is allowed for promoting and enforcing the Copyright is the Copyright Office. Hence, the author is empower to claim enforcement of Copyright in case of any infringement.

  COPYRIGHT ACT   Jul 1, 2022   0  Add to Reading List
Enforcement of Copyright.

  INTRODUCTION                                          

 Copyright is a legal word designed to secure the writer’s rights that the creators/composer have in their original and dramatic works. Copyright work protects its area from music, books, sculpture, paintings, sculpture, and includes films, databases, computer programs, maps, advertisements, and technical drawings.

 

What is Copyright?

Copyright is a intellectual property rights (IPR) that is copyright is automatically given to the writer’s or the maker of the real work, copyright protection gives the writer absolute right to assign and reproduced the copyright work

The following original works get the Copyright protection:

  • Literary works

  • Dramatic works

  • Musical works

  • Artistic works

  • Cinematographic works

  • Sound recording


Copyrights protection is two types of rights:

  • Economic rights: permits the owner to obtain the financial reward when someone else uses their work.

  • Moral rights: this right allows the author of the original work to take actions with the purpose to protect and preserve their work.

 

Enforcement of copyright

    The writer of Copyright create their new effort and get their Copyright protected to make                                     sure that they get gain from the work and effort they have generated. The holder has the absolute authority to sell his work and to give a license to the third party who can make use of his work.

In case, if someone photocopy or duplicates the copyright work of the owner  without his approval, then this will lead to infringement of Copyright, in which the holder  can take legal     action and i.e. enforcement of Copyright against the infringer.

       

   Remedies for Enforcement of copyright           

           

Civil remedy:

In conformation with section 55 of the copyright Act 1957{1}, when there is breach of the copyright work and then holder of the copyright shall be qualify to civil remedy by    way of damage, injunction, profit, the shipment of the infringing material and value of the legal proceedings

            

Criminal remedy:

In conformation with section 63 of the copyright Act, 1957, the owner of copyright can take a criminal act against the person disobey his right for enforcement of copyright there is Punishment of Imprisonment of at least 6 months, which can be increase to 3 years as well as fine of Rs. 50,000, which can increase up to 2 lakhs  

         

  If that where the suspect proves that on the date of the copyright breach he had no reasonable ground to trust and that he was not knowing that there was before a copyright surviving in that work, then in that case the plaintiff will not be authorized for enforcement of copyright breach and the plaintiff will not get any remedy for the any part of the gain that is made by the accused by using disobey copies as the court deems equitable in the given circumstances.

         

   According to section 51 of copyright Act is defines  about the breach of copyright.  According to section 51 of the Act, copyright is considered to be breach if:

  • Some other person has, without getting the permission from the holder of the copyright, has used his service and has done any act which the copyright owner is only permitted to do. The writer of the copyright will have the right for imposition of copyright work

  • An individual will permit any area that can be used for selling, transmission, distribution of a breach work only if it proved that he had no ground to trust or that he was not aware that such consent  will lead to the breach of copyright.

  • A individual who is bring in the break copies of the author’s work

  • An individual copies the author’s work in any form without picking up the permission from the copyright owner.

 

Exceptions of Infringement

According to section 52 of the Copyright Act, 1957 these are the exceptions to the infringement of Copyright and the writer cannot go for enforcement of Copyright if the work of the writer is used for:

  • personal use, plus the use for research, study and development

  • A part of criticism or review on the writer’s  work whether of that work or related to that work

  • The description of the current affairs and the current events, including the description of the lecture handed over in a public place.

 

Conclusion

The enforcement of Copyright in India contribute for both civil remedies and criminal remedies. Hence, the motive of Copyright is to secure the writer’s work. In India, the government body that is allowed for promoting and enforcing the Copyright is the Copyright Office. Hence, the author is empower to claim enforcement of Copyright in case of any infringement.

 

Reference

https://www.copyright.gov.in/ 

https://copyright.gov.in/Documents/CopyrightRules1957.pdf 

 

written by:

Tanu Priya.

Tags