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help@vakilkaro.co.inWhat is Copyright Act? What are the Civil and Criminal remedies in the case of Copyright case?
What is Copyright?
- Copyright is a legal concept that grants creators of original works exclusive rights to control the use and distribution of their works. Copyright protection is granted to authors, artists, musicians, filmmakers, and other creators of original works. It gives them the right to control how their works are used, reproduced, distributed, performed, and displayed.
- In general, copyright law protects literary works, musical compositions, dramatic works, choreographic works, pictorial and graphic works, motion pictures and other audiovisual works, sound recordings, and architectural works. The scope of protection varies depending on the specific work and the laws of the country where the Copyright is claimed.
The objective of the Copyright Act 1957:
The objective of the Copyright Act is to provide legal protection to creators and copyright owners for their original works and to encourage the creation of new jobs. The Act aims to achieve this objective by:
- Granting exclusive rights: The Act gives creators and copyright owners exclusive rights to control how their works are used, distributed, and displayed. This allows them to earn income from their work and control the use of their creations.
- Protecting creativity: The Act aims to protect creativity by providing legal protection to original works. This encourages creators to produce new works without fear of infringement.
- Promoting innovation: The Act promotes innovation by providing incentives to creators to produce new works. By giving legal protection to original works, the Act encourages the creation of new works, which can lead to new technologies, products, and services.
- Balancing the interests of creators and users: The Act aims to balance the interests of creators and users by providing limited exclusive rights to creators while also allowing for fair use and other exceptions that allow for the benefit of copyrighted works for educational, research, and other purposes.
- Harmonizing international copyright standards: The Act aims to harmonize copyright standards with international treaties and agreements, providing legal protection to Indian works in other countries and ensuring that Indian creators are protected internationally.
Overall, the Copyright Act aims to promote creativity and innovation while providing legal protection to creators and copyright owners for their original works.
The benefit of the Copyright Act 1959:
The Copyright Act provides a number of benefits to creators and copyright owners, including:
- Exclusive rights: The Copyright Act grants creators and copyright owners exclusive rights to control how their works are used, distributed, and displayed. This means they have the right to authorize or prohibit others from using their works without their permission.
- Economic rights: Copyright protection can benefit creators and copyright owners by allowing them to earn income from their works. They can license their works to others or sell them for profit.
- Protection of creativity: Copyright protection encourages creativity and innovation by incentivizing creators to create new works. Creators can be confident that their works will be protected and that they can profit from their efforts.
- Legal remedies: The Copyright Act provides legal remedies for copyright infringement, including injunctions, damages, and attorney's fees. Copyright owners can take legal action against those who use their works without permission.
- International protection: The Copyright Act protects copyrighted works in other countries through international agreements and treaties. This means that copyright owners can protect their works globally.
Overall, the Copyright Act is important because it provides creators and copyright owners with legal protection for their works, encouraging creativity, innovation, and economic growth.
Important sections of the Copyright act 1957:
The Copyright Act of 1957 is India's primary law governing copyright protection. Here are some of the essential sections of the Copyright Act 1957:
- Section 2: Defines various terms used in the Act, including "copyright," "author," "work," "publication," and "performer," among others.
- Section 13: Specifies the works eligible for copyright protection, including literary, artistic, musical, and cinematographic works, sound recordings, and computer programs.
- Section 14: Grants exclusive rights to the copyright owner, including the right to reproduce, distribute, perform, and communicate the work to the public.
- Section 17: Specifies the duration of copyright protection, which varies depending on the type of work and the circumstances of its creation.
- Section 29: Specifies the acts that constitute copyright infringement, including unauthorized reproduction, distribution, and communication to the public.
- Section 31: Provides for the registration of copyrights with the Copyright Office.
- Section 52: Specifies the exceptions to copyright infringement, including fair use, research, and educational purposes, among others.
- Section 63: Provides for criminal penalties for copyright infringement, including imprisonment and fines.
- Section 70: Provides for establishing Copyright Board to adjudicate disputes and other matters related to Copyright.
- Section 72: Specifies the powers of the Copyright Board, including the ability to summon witnesses and take evidence.
These are some of the important sections of the Copyright Act 1957. Some many other sections and provisions provide for the protection and enforcement of Copyright in India.
What to do if a Copyright suit has been filed?
If a copyright lawsuit has been filed against you, it's important to take it seriously and act promptly. Here are some steps you can take:
- Hire an attorney: Copyright lawsuits can be complex and may involve legal and technical issues that are difficult to navigate without an attorney. You should hire an experienced attorney to advise you on your legal options and represent you in court.
- Review the complaint: Read the complaint carefully to understand the allegations against you and the legal basis for the lawsuit. Your attorney can help you analyze the complaint and determine the best action.
- Gather evidence: Collect any evidence that supports your defense. This may include documents, emails, and other communications that show that you did not infringe on the copyright owner's rights.
- Respond to the lawsuit: You must respond to the case within a specific time frame (usually 21-30 days). Your attorney can help you prepare a response that addresses the allegations in the complaint and presents your defense.
- Consider settlement: In some cases, settling the lawsuit before trial may be possible. Your attorney can negotiate with the copyright owner's attorney to reach an acceptable compromise for both parties.
- Prepare for trial: If the case proceeds, your attorney can help you prepare your case, gather evidence, and present your defense in court.
Copyright lawsuits can be complex and time-consuming, so it's essential to work closely with your attorney to ensure the best possible outcome for your case.
Application fees for copyright registration in India:
The application fees for copyright registration in India vary depending on the type of work being registered and the application method. Here are the current prices for copyright registration in India as per the Copyright Office website:
- Literary, dramatic, musical, and artistic works: Rs. 500 per work
- Cinematographic films: Rs. 5,000 per work
- Sound recordings: Rs. 2,000 per work
- Online registration of all types of works: Rs. 500 per work
It's important to note that these fees are subject to change, and applicants should check the Copyright Office website for the latest fee schedule. Additionally, there may be additional fees for expedited processing or other services, and applicants should consult the Copyright Office for more information.
Rights of Copyright Holder:
The copyright holder, also known as the copyright owner, has several exclusive rights under the Copyright Act. These rights include:
- Reproduction right: The right to make copies of the work in any form, including print, digital, or audiovisual formats.
- Distribution right: The right to distribute copies of the work to the public, either by sale, rental, or other means.
- The public performance right: The right to perform the work publicly, such as in a concert, play, or another public event.
- Public display right: The right to display the work publicly, such as in a museum or gallery.
- Adaptation right: The right to create derivative works based on the original work, such as translations, adaptations, or abridgments.
- Moral right: The right to be credited as the author of the work and the right to object to any changes or alterations that may harm the reputation or integrity of the work.
These rights are exclusive to the copyright holder, and anyone who wishes to use the work in any way must obtain permission or a license from the copyright holder. In some cases, exceptions to these exclusive rights may apply, such as fair use or other limitations and exceptions under the Copyright Act.
Civil remedies of Copyright:
In India, several civil remedies are available to copyright owners in case of copyright infringement. These remedies include:
- Injunction: A copyright owner can request a court to stop the infringing activity. An injunction is a court order prohibiting the infringer from continuing to engage in the infringing activity.
- Damages: A copyright owner can seek damages from the infringer for any losses or damages suffered due to the infringement. Damages may include actual damages and any profits the infringer may have made from the infringing activity.
- Account of profits: In addition to damages, a copyright owner can also seek an account of profits from the infringer. An account of profits is a court order that requires the infringer to pay over to the copyright owner any profits that the infringer may have made from the infringing activity.
- Seizure and disposal of infringing copies: A copyright owner can also seek a court order to seize and dispose of any infringing copies of the work. The court may order the infringing copies to be destroyed or delivered to the copyright owner.
- Delivery up of infringing copies: A copyright owner can also seek a court order to require the infringer to deliver any infringing copies of the work in their possession.
These civil remedies are available to copyright owners to protect their rights and seek compensation for any losses or damages suffered due to copyright infringement.
Criminal remedies of Copyright:
In addition to civil remedies, copyright infringement in India is also a criminal offense, and several criminal remedies are available to copyright owners. These remedies include:
- Imprisonment: A person convicted of copyright infringement may be sentenced to imprisonment for a term ranging from six months to three years, depending on the nature and extent of the violation.
- Fine: A person convicted of copyright infringement may also be fined up to Rs. 2 lacks, depending on the nature and extent of the infringement.
- Seizure of infringing copies: The police may seize any infringing copies of the work and any equipment used to make or distribute the infringing copies.
- Investigation and prosecution: The police may investigate and prosecute copyright infringement cases on their own or a complaint made by the copyright owner.
These criminal remedies are available to copyright owners to protect their rights and to deter potential infringers from engaging in copyright infringement. It's important to note that criminal remedies are only available in cases of willful or commercial-scale infringement and not in cases of innocent infringement.
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