Copyright Infringement in India

The right to reproduce, distribute, display, or perform the protected work, as well as the right to develop derivative works, are all exclusive rights granted by copyright laws to the copyright holder. When a work protected by copyright is used without the owner’s consent, this is known as copyright infringement. In this article, we’ll examine copyright infringement in India.

Common Types of Copyright Infringement

The following are some of the most typical copyright violations:

  • Making or allowing copies of copyrighted works for hire or sale.
  • allowing the public performance of works that violate other people’s copyrights.
  • Copyright-infringing materials are distributed.
  • In a public exhibition, works that violate copyright are on view.
  • Importing results into India that violate copyright.

If someone or a company acts in any of these practices, they may face legal action under India’s copyright laws.

How to Claim Copyright Ownership

A literary, theatrical, musical, or artistic work’s authorship is generally taken to be that of the publisher or author whose name appears on copies unless otherwise specified.

Remedy for Copyright Infringement in India

The copyright owner may sue anybody or any corporation that violates the copyright of a work. The copyright owner has the right to sue in a court of competent jurisdiction for civil remedies, including injunctions, damages, and accounting. Furthermore, no court lower than a Metropolitan Magistrate or a Judicial Magistrate of the First Class may try any crime under the Copyright Act.

The company and all persons in charge or responsible to the company for the conduct of the company’s business at the time the offence was committed would be prosecuted in the case of copyright infringement by an artificial judicial person such as a private limited company or a limited liability partnership (LLP).

Criminal Prosecution for Copyright Infringement

According to the Copyright Act, anybody who deliberately infringes or assists in the violation of the copyright in any work commits a crime. Criminal copyright infringement has a minimum six-month prison sentence and a Rs. 50,000 fine. For a second or subsequent conviction, the minimum penalty is one year in prison and a fine of Rs. 1,000,000.

Copyright Infringement a Cognizable Offence

A cognizable crime is committed by a police officer who has the ability to make an arrest without a warrant and launch an investigation with or without the authorization of a court. Copyright infringement is a criminal offense, and any police officer with the rank of sub-inspector or above may seize all copies of the work, as well as any plates used to produce infringing copies, and bring them before a magistrate without a warrant.