Copyright
Which are the common copyright infringements
The following are some of the commonly known acts involving infringement of copyright:
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Making infringing copies for sale or hire or selling or letting them for hire |
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Permitting any place for the performance of works in public where such performance constitutes infringement of copyright |
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Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright |
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Public exhibition of infringing copies by way of trade |
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Importation of infringing copies into India. |
What are the civil remedies for copyright infringement
A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.
What are the rights of owner over infringing copies and equipments used for making infringing copies?
All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.
Is copyright infringement a criminal offence
Yes. Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.
What are the punishments for a criminal offence under the copyright law?
The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.
Can a police officer seize infringing goods without warrant
Yes. A police officer not below the rank of sub inspector can seize without warrant all infringing copies of the work.
What are the remedies for Infringement
It is the sole responsibility of the owner to see that his copyright is not being infringed upon by someone else. It is the owner's duty to file a suit of infringement against the infringer. The relief’s which may be usually awarded in such a suit are -
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Injunctions whether interim or final. |
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Damages |
Criminal action also can be taken on the basis of copyright registration. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.
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