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Understanding Copyright Violation: Definition, Illustrations, and Legal Precedents in India

Copyright infringement involves the unauthorized use of protected creative works, violating the owner's exclusive rights such as reproduction and distribution. In India, the Copyright Act of 1957 classifies infringement into primary and secondary categories, outlining specific instances where violations occur. While various acts, including fair use for personal study or criticism, are exempt, owners can pursue civil remedies like injunctions and damages, or criminal prosecution with potential imprisonment and fines.

📖 3 min read read🏷️ Copyright Law

Copyright grants exclusive privileges to its owner, including the ability to distribute, replicate, perform, or exhibit the protected material. When copyrighted material is utilized without the owner's explicit authorization or permission, it constitutes copyright infringement.

Therefore, copyright infringement is defined as the unauthorized commercial use of another person's copyrighted creation. This action violates specific rights held by the copyright holder, such as their entitlement to disseminate, duplicate, present, or display their protected work.

Legal Rights of a Copyright Holder

The individual or entity identified as the author or publisher on copies of a dramatic, literary, artistic, or musical creation is generally presumed to be its copyright owner. A copyright holder possesses several inherent rights concerning their protected work:

  • Present the work publicly.
  • Issue the work for public consumption.
  • Stage the work for public audiences.
  • Convert the work into another language.
  • Create a cinematic adaptation or audio recording of the work.
  • Transmit the work via broadcasting.
  • Develop a derivative version of the work.
  • Reproduce and distribute copies of the work.
  • Prohibit others from using the copyrighted material without consent.

Copyright Violation in India

Under the Copyright Act of 1957, utilizing a copyrighted creation without the owner's consent constitutes copyright infringement. This violation transpires when an individual, whether inadvertently or deliberately, copies or employs another's work without proper attribution. Infringement is typically categorized into primary and secondary forms.

Primary infringement involves the direct act of unauthorized reproduction, whereas secondary infringement encompasses unauthorized transactions, such as the sale or importation of pirated materials. Those committing secondary infringement are typically aware of their illicit actions, while perpetrators of primary infringement may not always realize they are violating copyright.

For copyright infringement to be established, these core criteria must be met:

  • The original work must be an authentic creation by its author.
  • The infringing work must be a direct copy derived from the author's original creation.

Scenarios of Copyright Infringement

The Copyright Act of 1957 outlines specific situations in India where copyright infringement is deemed to occur:

  • Unauthorized production of copyrighted material for commercial purposes or sale, including digital piracy.
  • Distribution of illicit copies for personal benefit or commercial profit.
  • Public presentation of a copyrighted work without permission.
  • Importing unauthorized copies into India.
  • Publicly displaying infringing copies in a manner detrimental to the owner.
  • Replicating dramatic, literary, artistic, or musical works in formats other than a cinematograph film.
  • Producing a new recording that incorporates an existing copyrighted sound recording.
  • Unauthorized duplication of a cinematographic film.

Illustrative Cases of Copyright Violation

Here are common examples that demonstrate copyright infringement:

  • Acquiring films from unapproved online platforms constitutes copyright violation.
  • Incorporating a segment of a television series into a YouTube video without proper attribution and subsequently uploading it to the platform is considered infringement.
  • Utilizing a musical track from another artist as background accompaniment in one's own song also leads to copyright infringement.

Notable Copyright Infringement Lawsuits

YRF vs. Sri Sai Ganesh Productions

Yash Raj Films (YRF) initiated a lawsuit alleging copyright infringement against Sri Sai Ganesh Productions. YRF contended that the film 'Jabardasht' created by Sri Sai Ganesh Productions was a reproduction of their movie 'Band Baaja Baaraat', citing significant commonalities in concept, theme, character development, plot, narrative, script, and overall expression. The judiciary applied an expanded test of originality, acknowledging films as original works. This test aimed to differentiate the two productions by assessing their core 'foundation, substance, and kernel', and by considering if an average audience member would perceive one as a direct copy of the other. The court concluded that Sri Sai Ganesh Productions had overtly replicated the fundamental and unique characteristics of the YRF film, thereby confirming copyright infringement.

Hawkins Cooker Ltd. vs. Magicook Appliances

Hawkins Cooker Ltd. pursued legal action against Magicook Appliances for unlawfully adopting a label, protected under the Copyright Act of 1957, which Hawkins used for its popular range of pressure cookers. The court prohibited Magicook Appliances from continuing to use the proprietary Hawkins Cooker Ltd. cookbooks. Furthermore, Magicook Appliances was mandated to compensate Hawkins Cooker Ltd. for all profits derived from infringing products and materials used in the production of the unauthorized goods.

Super Cassettes Industries Limited vs. YouTube and Google

Super Cassettes Industries Limited (SCIL) asserted that YouTube's operational model generated considerable revenue from the use of copyrighted content uploaded without explicit permission from copyright holders or the payment of royalties. The court issued a ruling mandating that YouTube, the prominent video streaming service, and its parent company Google, cease the distribution, reproduction, display, or transmission of any audio-visual works exclusively owned by SCIL on their platform.

Actions That Do Not Constitute Copyright Infringement

Certain actions involving copyrighted works are permissible without requiring the owner's consent, and therefore do not lead to copyright infringement. In India, these permitted uses include:

  • Fair dealing with a work for specific purposes such as: * Personal or private usage, including academic research. * Reviewing or critiquing the work. * Reporting on current events, including publicly delivered speeches.
  • Adapting or duplicating a computer program by its legitimate possessor for: * Using the program for its intended purpose. * Creating backup copies as a temporary safeguard against data loss or damage.
  • Storing a performance or a creative work.
  • Reproducing a work during judicial proceedings.
  • Reproducing or publishing content prepared by a Legislature's Secretariat exclusively for its members.
  • Reproducing a work in a legally provided or certified copy.
  • Publicly reciting or reading reasonable excerpts from a published dramatic or literary work.
  • Including short passages from published dramatic or literary works in a compilation of non-copyrighted material intended for educational instruction.
  • Reproducing a work by an educator as part of instruction, examination questions, or answers to such questions.
  • Performing a dramatic, literary, or musical work within an educational institution by students and staff, or reproducing a sound recording and cinematograph film when the audience is limited to faculty and learners.
  • Allowing a recording to be heard publicly within any residential common area or as part of a non-profit club or organization's activities.
  • Performing a dramatic, literary, or musical work by an amateur group, provided the performance benefits a religious institution or is presented to a non-paying audience.
  • Reproducing an article on current political, economic, religious, or social issues in a magazine, newspaper, or other periodical, unless the author has explicitly reserved reproduction rights.
  • Reproducing a work for personal study or research, or publishing an unpublished dramatic, literary, or musical work housed in a publicly accessible museum, library, or similar institution.
  • Publishing, drawing, engraving, painting, displaying, or photographing a work of architecture.
  • Incorporating an artistic work permanently located in a public space into a cinematograph film, if its inclusion is incidental or forms a background element to the primary focus of the film.
  • Creating a three-dimensional object from a two-dimensional artistic work for industrial application.
  • Reconstructing a structure or building based on its architectural blueprints or designs.

Legal Recourse for Copyright Infringement

Authors and copyright owners are entitled to pursue legal action against individuals or entities that violate their copyrighted creations. A civil lawsuit can be initiated in a competent court, allowing the copyright holder to seek remedies such as monetary damages, injunctions, and an accounting of profits.

Furthermore, a criminal complaint can be lodged with a First Class Judicial Magistrate or a Metropolitan Magistrate.

If copyright infringement is committed by a legal entity, such as a company or Limited Liability Partnership (LLP), both the organization and all individuals in charge at the time of the offense, or those responsible for managing the business, will be held accountable.

Civil Remedies

When a copyrighted work has been infringed, the owner is entitled to several civil remedies: an injunction, damages, and an accounting of profits. However, if the infringer can prove that they were unaware of the copyright's existence at the time of the infringement, and had no reasonable reason to believe it existed, the copyright owner might only be eligible for an injunction, not damages.

Injunction: An injunction serves as a powerful remedy in copyright infringement cases. It represents a judicial directive that either prevents the infringer from continuing their illicit activities or orders them to restore the situation to its state prior to the infringement.

Damages: Damages are financial compensation awarded to the copyright owner. The primary goal of awarding damages is to return the owner to the financial position they would have been in had the infringement not occurred. Various elements influence the calculation of damages. Typically, the awarded amount reflects the licensing fees the copyright holder would have received if the infringer had lawfully obtained permission. Additional factors, such as reputational harm, lost profits for the copyright holder, and a reduction in sales of the copyrighted work, also contribute to the final damages amount.

Accounts: The infringer may be compelled to provide a detailed record of the profits generated from the sale of the copied works and to remit these profits to the original copyright owner.

Criminal Prosecution for Copyright Infringement

An individual who knowingly infringes or aids in the infringement of a copyrighted work commits a criminal offense under the Copyright Act of 1957. When a copyright owner initiates a criminal proceeding for infringement, the minimum penalty includes imprisonment for six months, which can extend up to three years, along with a minimum fine of Rs. 50,000, potentially increasing to Rs. 2 lakhs.

For a subsequent or second conviction, the penalty escalates to a minimum of one year imprisonment, extendable to three years, and a fine ranging from Rs. 1 lakh to Rs. 2 lakhs. Any police officer, holding a rank not lower than a sub-inspector, is authorized to seize infringing copies without a warrant if satisfied that a copyright infringement offense has been committed. These seized items must then be presented before a Magistrate.

The fundamental objective of copyright is to safeguard the creator's rights and ensure their economic benefit. The protective scope of copyright encompasses all original works that demonstrate creativity, including software and databases.

Frequently Asked Questions

What is considered fair use under Indian copyright law?
Under Indian copyright law, fair dealing permits the use of copyrighted works for specific purposes such as personal or private study, research, criticism, review, or reporting of current events without requiring the copyright owner's permission. The interpretation of 'fair dealing' depends on the specific circumstances of each case.
Can merely sharing a pirated link be considered copyright infringement in India?
Yes, sharing a pirated link can potentially lead to secondary copyright infringement, especially if it facilitates the unauthorized access and distribution of copyrighted material. While direct copying is primary infringement, aiding or abetting the act can also incur legal consequences.
What is the difference between copyright infringement and plagiarism in India?
Copyright infringement is a legal term referring to the unauthorized use of copyrighted material, violating the exclusive rights of the owner. Plagiarism, on the other hand, is an ethical offense where one presents another's ideas or words as their own without proper attribution, regardless of whether the work is copyrighted or not. Plagiarism may or may not involve copyright infringement.
How long does copyright protection last in India?
In India, for most literary, dramatic, musical, and artistic works, copyright protection generally lasts for the lifetime of the author plus sixty years from the beginning of the calendar year next following the year in which the author dies. For cinematograph films, sound recordings, photographs, government works, and works of international organizations, it is sixty years from the date of publication.
Is it possible to register a copyright for software code in India?
Yes, software code is considered a literary work under the Copyright Act, 1957, and can be registered for copyright protection in India. This grants the developer exclusive rights over the reproduction, distribution, and adaptation of their code, protecting it from unauthorized use.