Copyright Infringement
Copyright infringement of any work can harm the goodwill of the original work. In the 21st-century people are accessing various websites and with just a click they get the information they want. But what if someone uses your work while writing their research paper or website content, articles without your approval? How can you safely browse the website and what things are important before copying or infringing the work of others? Let’s discuss the same in detail.
What is copyright infringement in India?
In simple words, if someone is using the work of others without their approval it is known as copyright infringement. Mainly the copyright issues are related to plagiarism, ownership, or derivative works. It is defined under Section 51 of the Copyright Act 1957. Copyright is considered as infringed if:- A person without obtaining permission of the copyright owner performs any act on which only the copyright holder has the right.
- A person permits a place to be used for selling, communication, distribution, or exhibition of an infringing work unless he does not have knowledge or has no reason to believe that it may result in copyright infringement.
- A person importing infringement copies of a work
- A person reproduces the work without obtaining authority from the copyright holder
What are the rights of the copyright holder?
- Right to reproduction
- Right to distribute
- Right to make derivative work
- Right to publicly perform
- Right of paternity
Which test is followed for copyright infringement?
While deciding whether the work is infringed or not, the court follows the three-factor test namely:- Quantum of the work
- Purpose of copying the work
- The likelihood of competition between two works
Required Documents
| Acceptable Document | Document Type | Additional Details |
|---|---|---|
| Replication document | - | - |
| Vakalatnama | - | - |
| Plaint to file | - | - |
| Proof of infringement | - | - |
| Copyright License Agreement | - | - |
| Certificate of registered copyright | - | - |
| Cease and desist Notice | - | - |
FAQs
You Ask, We Answer
The term for permission to use someone’s copyrighted work is referred to as a “license.” There are all sorts of industry terms for specific types of licenses, including “mechanical licenses” and “synchronization licenses.”
You can start by looking at the date. Anything made before 1923, no matter what, will be definitely in the public domain. After that you can check out chart because determining whether something is in the public domain by the date gets a lot harder than that. Most times, it's impossible to determine whether something is in the public domain just by the date.
A person commits primary infringement when they do any of the following without the permission of the rights holder. • copying; • distributing public copies of the work; • The work is rented or leased to the public; • public performance, display, or performance of a Copyright work; • presenting the work to the general population;
There are various factors that determine the amount of damages to be paid to the copyright holder. Generally, the damages are awarded for the amount that the copyright holder would have got if the person had obtained the license from him. However, there are various other factors as well, that determines the amount of damages like the loss of profit to the copyright holder, loss of reputation, decrease in the sale of the copyright holder’s work etc.
First, you should determine if your work that has been copied is protected by copyright law. Next, you should determine whether you actually own the rights to the work. Then you can file for the case.
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