S.N.D.

T Women’s University Law School

Infringements under the Copyright Act

Copyright Act, 1957

Submitted by:
Dhanshree Tulshiram Thorat
S.Y LLM - IPR
Roll No: 18

Submission Date:
12th February,2021

Under the guidance of:

Prof. Darshika Maiya
Index:

Sr.no Topic of Content Page no.

1. Introduction 1
2. Copyright definition and Example 3
3. Purpose of Copyright 4
4. What is eligible for copyright? 6
5. Scope of Copyright 8
6. Copyright Infringement  12
7. Copyright Issues 14
8. Types of Copyright Infringement 17
9. Ownership of Copyright 19
10. Rights of Copyright owners  20
11. Copyright Exceptions 21
12. Remedies for Infringement of Copyright 23
13. Conclusion 24
14. The Future of Copyright in India 26
15. Bibliography &Webliography 29
Introduction:

Copyright gives creators the freedom to decide what happens to their creations. You may use
someone else’s work only if you have their permission by the copyright owner or if the law
allows it.
Copyright can seem complicated but at its heart it’s not. It’s simply a law which says that if
you create something, then you own it. And as the owner you get to decide what happens to
it.
So if you’re a creator copyright automatically applies to, and protects, all your creative work.
That means you are free to decide how other people can use your work, and means they need
to ask your permission before using your work. It doesn’t matter whether you’re a
“professional” or not, the law’s the same for everyone.
The advent of the internet has posed a threat to people in different ways. One of them is
Copyright infringement. People can have access to millions of websites with just a click, post
something on social media networks by altering somebody’s original work, a popular
example of such alteration is the submission of research papers where researchers often use
different sources to produce their work. People often copy someone else’s original work
without having any authority to do so. 
Copyright infringement (colloquially referred to as piracy) is the unlawful use
of works protected by copyright law without permission for a usage where such permission is
required, thereby infringing certain exclusive rights granted to the copyright holder, such as
the right to reproduce, distribute, display or perform the protected work, or to
make derivative works.
The copyright holder is typically the work's creator, or a publisher or other business to whom
copyright has been assigned. Copyright holders routinely invoke legal and technological
measures to prevent and penalize copyright infringement.
Copyright infringement disputes are usually resolved through direct negotiation, a notice and
take down process, or litigation in civil court. Egregious or large-scale commercial
infringement, especially when it involves counterfeiting, is sometimes prosecuted via
the criminal justice system.
Shifting public expectations, advances in digital technology and the increasing reach of the
Internet have led to such widespread, anonymous infringement that copyright-dependent
industries now focus less on pursuing individuals who seek and share copyright-protected
content online and more on expanding copyright law to recognize and penalize, as indirect
infringers, the service providers and software distributors who are said to facilitate and
encourage individual acts of infringement by others.
Estimates of the actual economic impact of copyright infringement vary widely and depend
on many factors. Nevertheless, copyright holders, industry representatives, and legislators
have long characterized copyright infringement as piracy or theft – language which some
U.S. courts now regard as pejorative or otherwise contentious.

The term "Copyright" is usually used to denote the right that an author vests in his work. The
entitlements conferred to the holder of copyright or a person authorised by such holder,
entitles him/her to exclusively control, use and adapt the work.

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The recognition of Copyright means that an author is granted a restricted monopoly to exploit
his original work provided that such work is part of a recognised category. In the first place,
this enables an author to be rewarded or compensated for his labour, creativity, effort, skill
and talent. Secondly, it serves as an incentive to the author to create more and better works.
The monopoly is of a restricted duration. After the expiry of the relevant applicable period,
the author’s work passes into the public domain and may then be used freely by others. In this
way a balance is struck between the interests of the individual and that of society.

Copyright is a right separate from that of the personality of the author. As long as the author’s
activity does not extend beyond that author’s personality, it will not attract protection. Once
such activity assumes an individual and independent character wherein it is reduced to some
outwardly perceptible form, it acquires an economic value and becomes in itself a suitable
object of legal protection under copyright law. In the case of Video Parktown North
(Proprietary) Limited vs Paramount Pictures Corporation 1986 2 SA 623 (T), the Court
described the nature of copyright in the following terms:

"When he who harbours an idea, by dint of his imagination, skill or labour, or some or all of
them, brings it into being in tactile, visible or audible form, capable thereby of being
communicated to others as a meaningful conception or apprehension of his mind, a right or
property in that idea immediately comes into existence. The proprietary interest in that object
of knowledge is the ownership of it, and is called "copyright".’

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Copyright definition and Example:

What is Copyright?
Copyright refers to the collection of rights that are automatically vested on the creator of the
original work of authorship such as a literary work, music, movies or software. The copyright
holder i.e. the creator of the original work has the right over his work, he can transfer his
rights to others or keep full control over his work by not giving the right to anyone to copy or
produce his work. 

Copyright has been defined in Section 14 of the Copyright Act, 1957 as an exclusive right
to do or authorise the doing of any of the following acts in respect of a work or any
substantial part thereof, namely:

1. Reproduce the work in any form including storing the work in any form
2. Issue copies of the work to the public
3. Perform the work in Public
4. Make any cinematographic film in respect of the work
5. Translate the work
6. Make an adaptation of the work

Examples of Copyright

 Someone publishes the novel, then he gets the copyright for the novel.
 The makers of the film have a copyright over the film.

Why is copyright important

Copyright is important for various reasons, namely,

 Copyright legally protects the creator’s work

 Copyright helps the author to exercise control over his work
 It provides ownership to the creator of the work.

What is the object of the Copyright?

The law in India and act was brought to safeguard the original work of the owner to
encourage the work of their originality and to preserve their first handwork and to discourage
the unlawful production by any other person. Without the consent and permission of the
owner of the copyright the person trying to do any sort of illegal work will fear to do it.
Thus, to preserve the originality and creativity of the work this Act was brought.

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Purpose of Copyright:

 To promote the progress of useful arts and science by protecting the exclusive rights
of the creators.
 To provide incentive and reward to the creators for producing original content. The
creators can be economically benefited by their copyrighted work and receive proper
recognition. 
 To encourage the creators to come up with creative ideas.

The purpose of copyright law is to promote the progress of useful arts and science by
protecting the exclusive right of authors and inventors to benefit from their works of
authorship. -a complete revision of the Copyright Act of 1909- protects all the works of
authorship created between 1978 and the present.

This protection extends to works that are unpublished but are in a fixed and tangible form.
Copyright law is regulated by the federal government by registering copyrighted works
through the Copyright Office (a division of the Library of Congress) and by enforcing
copyright laws in the federal court system.

The most commonly litigated issue in copyright law involves copyright infringement.
Disputes regarding the violation of any exclusive right granted under copyright law, such as
copying a work, are filed in federal courts due to Federal Preemption.

Copyright law protects literary, musical, graphic, or other artistic forms in which an author
expresses intellectual concepts. In the context of copyright law an author is the creator of any
copyrightable creation. Any author creation that meets the standards of copyright law is
protectible under copyright law and considered to be a work of authorship. The main two
requirements to meet the standards of copyright law are originality and fixation.

One major purpose of Copyright Law is to “promote the progress of the sciences and useful
arts,” in other words knowledge. Copyright Law is an attempt to balance public interest with
the rights of the individual author/creator.

The primary purpose of copyright law is not so much to protect the interests of the
authors/creators, but rather to promote the progress of science and the useful arts—that is—
knowledge. To accomplish this purpose, copyright ownership encourages authors/creators in
their efforts by granting them a temporary monopoly, or ownership of exclusive rights for a
specified length of time. However, this monopoly is somewhat limited when it conflicts with
an overriding public interest, such as encouraging new creative and intellectual works, or the
necessity for some members of the public to make a single copy of a work for non profit,
educational purposes. You will be learning more about how this works in the next modules.
 
In addition to balancing the public and individual rights, you need a basic understanding of
copyright law before you can make appropriate decisions regarding any proposed use of
copyrighted material. When thinking about the possible use of copyrighted material, keep in
mind the perspectives of both the owner and the user of copyrighted material. When using
another person’s material, ask yourself: “What kind of respect and observance of copyright
law would I want others to follow?” Likewise, “If I am about to use someone else’s

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copyrighted works, what kind of respect and observance of copyright laws should I follow?”
This approach suggests attention to the principles of respect and trust. Respect for the rights
of others and trust in those who have an opportunity to use your works.
 
Be aware that mere ownership of a book, manuscript, painting, or any other copy of a
copyrighted work does not automatically grant you copyright ownership.

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What is eligible for copyright?:

 Literary works
 Musical composition
 Dramatic works
 Choreographic works
 Graphics and Sculptural Activities

Only original works of authorship may be copyrighted. This means that the original creator of the
work or his or her agent is the only one who may obtain a copyright. You cannot take someone
else's work and obtain a copyright.

Types of Works:
The following types of works are allowed protection under the copyright law:

 Literary Works. This can include novels, nonfiction works, poems, articles, essays,
directories, advertising, catalogs, speeches, and computer programs.
 Musical Works. This category includes both the musical notation and the
accompanying words.
 Dramatic Works. This type includes plays, operas, scripts, screenplays, and any
accompanying music.
 Pantomimes and Choreographic Works. Popular dance steps are not included in
this type of work.
 Pictorial, Graphic, and Sculptural Works. Works included are sketches, drawings,
cartoons, paintings, photographs, slides, greeting cards, architectural and engineering
drawings, maps, charts, globes, sculptures, jewelry, glassware, models, tapestries, fabric
designs, and wallpapers.
 Motion Pictures and Other Audiovisual Works. These include movies, videos, and
film strips.
 Sound Recordings. This includes recorded music, voice, and sound effects. Thunder,
animal noises, and other sounds of nature may be copyrighted by the persons who record
them.
 Compilations. You can put together a collection of existing materials and the
collection as a whole can be copyrighted. Some examples would be a book of poems
written about trees or a list of the best cancer doctors in the U.S.
Example 1: In the collection of poems you could not use poems that were copyrighted by
someone else without first obtaining their permission. However, you could use old poems
where the copyright has expired. Your copyright on the collection would not give you
exclusive rights to each individual poem, only to the collection as a whole. 

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Example 2: In the list of doctors you could not stop someone else from also putting together
a similar list. If you put together a list of all the cancer doctors in the U.S., someone could
freely copy it because it is a collection of mere facts. By selecting what you call the best ones,
you can stop others from copying your list, which is based on opinion, not mere facts.
 Derivative Works. A derivative work is a work that is based on one or more already
existing works, and it is copyrightable if it includes what the copyright law calls an
“original work of authorship.” Works such as the Mona Lisa or the Venus de Milo are in
the public domain and may be copied by anyone. However, if someone paints a new
version of the Mona Lisa, or takes a photograph of the Venus de Milo, those works may
be copyrighted if they took some creativity. An exact photograph of the Mona Lisa or an
exact replica of the Venus de Milo are not protectable, but derivations that took
creativity (the changes to the painting and the angle and lighting in the photograph) are
protectable.
 Architectural Works. Previously, it was not possible to copyright a building, only
the plans used to build it. This led to some interesting lawsuits in which people who
copied others' buildings would only be guilty if it could be proved that they copied the
copyrighted plans. The Architectural Works Copyright Protection Act of 1990 now
allows the buildings themselves to be copyrighted. This was done to bring the United
States into compliance with the Berne Convention.
 Semiconductor Chip Mask Works. The Semiconductor Chip Protection Act of 1984
provides protection for the designs of semiconductor chips. Although the protection is
somewhat different from a regular copyright, the process and forms are very similar to
that for copyrights and the procedure is administered by the Copyright Office. For more
information, contact the Copyright Office.
 Vessel Hulls. The Vessel Hull Design Protection Act of 1998 made possible the
copyrighting of the designs of boats. Protection lasts for ten years.

Scope of Copyright:

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  Copyright is provided for a wide range of expressions like literary works, Artistic
work, music and Cinematography.
 Literary works include novels, books, newspaper articles, journals, research papers,
magazines, instruction manuals.
 Artistic work includes painting, sculpture, diagrammatic representation, drawing.
 Music includes original music work and a specific combination of melody and
harmony.
 Cinematography includes movies, tv shows, documentaries, television recording of
events.
 It is provided for work and not for ideas.

Copyright protection generally gives the copyright's owner the exclusive right to do the
following:
 Reproduce the work
 Prepare derivative works based upon the work
 Distribute copies of the work to the public
 Perform the work publicly
 Display the copyrighted work publicly
 Perform the work publicly by means of a digital audio transmission (in the case of
sound recordings)
The owner may also authorize others to exercise these rights.

For works created after January 1, 1978, copyright protection will endure for the life of the
author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after
the last surviving author's death. For anonymous and pseudonymous works and works made
for hire, the term will be 95 years from the year of first publication or 120 years from the year
of creation, whichever expires first. For works created before January 1, 1978, the protection
terms are the same, unless the work is in its renewal period, in which case it will be protected
for 95 years from its creation.

Limits on Copyright Protection

The following three limitations apply to copyright protection:

 The doctrine of fair use. This allows others to use portions of copyrighted works for
purposes such as reviews, commentary, news and scholarship.
 Items which are not copyrightable, such as titles, names, common facts and ideas, are
not protected.
 Some works are in the public domain and may be used by anyone. This includes
works with expired copyrights.

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Scope of exclusive rights in pictorial, graphic, and sculptural works

(a) Subject to the provisions of subsections (b) and (c) of this section, the exclusive right to
reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section
106, includes the right to reproduce the work in or on any kind of article, whether useful or
otherwise.

(b) This title does not afford, to the owner of copyright in a work that portrays a useful article
as such, any greater or lesser rights with respect to the making, distribution, or display of the
useful article so portrayed than those afforded to such works under the law, whether title 17
or the common law or statutes of a State, in effect on December 31, 1977, as held applicable
and construed by a court in an action brought under this title.

(c) In the case of a work lawfully reproduced in useful articles that have been offered for sale
or other distribution to the public, copyright does not include any right to prevent the making,
distribution, or display of pictures or photographs of such articles in connection with
advertisements or commentaries related to the distribution or display of such articles, or in
connection with news reports.

(d)(1) In a case in which —

(A) a work of visual art has been incorporated in or made part of a building in such a way that
removing the work from the building will cause the destruction, distortion, mutilation, or
other modification of the work as described in section 106A(a)(3), and

(B) the author consented to the installation of the work in the building either before the
effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, or in a
written instrument executed on or after such effective date that is signed by the owner of the
building and the author and that specifies that installation of the work may subject the work
to destruction, distortion, mutilation, or other modification, by reason of its removal, then the
rights conferred by paragraphs (2) and (3) of section 106A(a) shall not apply.

(2) If the owner of a building wishes to remove a work of visual art which is a part of such
building and which can be removed from the building without the destruction, distortion,
mutilation, or other modification of the work as described in section 106A(a)(3), the author’s
rights under paragraphs (2) and (3) of section 106A(a) shall apply unless —

(A) the owner has made a diligent, good faith attempt without success to notify the author of
the owner’s intended action affecting the work of visual art, or

(B) the owner did provide such notice in writing and the person so notified failed, within 90
days after receiving such notice, either to remove the work or to pay for its removal.

For purposes of subparagraph (A), an owner shall be presumed to have made a diligent, good
faith attempt to send notice if the owner sent such notice by registered mail to the author at
the most recent address of the author that was recorded with the Register of Copyrights
pursuant to paragraph (3). If the work is removed at the expense of the author, title to that
copy of the work shall be deemed to be in the author.

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(3) The Register of Copyrights shall establish a system of records whereby any author of a
work of visual art that has been incorporated in or made part of a building, may record his or
her identity and address with the Copyright Office. The Register shall also establish
procedures under which any such author may update the information so recorded, and
procedures under which owners of buildings may record with the Copyright Office evidence
of their efforts to comply with this subsection.

Scope of exclusive rights in sound recordings

(a) The exclusive rights of the owner of copyright in a sound recording are limited to the
rights specified by clauses (1), (2), (3) and (6) of section 106, and do not include any right of
performance under section 106(4).

(b) The exclusive right of the owner of copyright in a sound recording under clause (1)
of section 106 is limited to the right to duplicate the sound recording in the form of
phonorecords or copies that directly or indirectly recapture the actual sounds fixed in the
recording. The exclusive right of the owner of copyright in a sound recording under clause
(2) of section 106 is limited to the right to prepare a derivative work in which the actual
sounds fixed in the sound recording are rearranged, remixed, or otherwise altered in sequence
or quality. The exclusive rights of the owner of copyright in a sound recording under clauses
(1) and (2) of section 106 do not extend to the making or duplication of another sound
recording that consists entirely of an independent fixation of other sounds, even though such
sounds imitate or simulate those in the copyrighted sound recording. The exclusive rights of
the owner of copyright in a sound recording under clauses (1), (2), and (3) of section 106 do
not apply to sound recordings included in educational television and radio programs (as
defined in section 397 of title 47) distributed or transmitted by or through public broadcasting
entities (as defined by section 118(g)): Provided, That copies or phonorecords of said
programs are not commercially distributed by or through public broadcasting entities to the
general public.

(c) This section does not limit or impair the exclusive right to perform publicly, by means of
a phonorecord, any of the works specified by section 106(4).

(d) Limitations on Exclusive Right. — Notwithstanding the provisions of section 106(6) — 

(1) Exempt transmissions and retransmissions. — The performance of a sound recording

publicly by means of a digital audio transmission, other than as a part of an interactive
service, is not an infringement of section 106(6) if the performance is part of —

(A) a nonsubscription broadcast transmission;

(B) a retransmission of a nonsubscription broadcast transmission: Provided, That, in the case

of a retransmission of a radio station’s broadcast transmission —

(i) the radio station’s broadcast transmission is not willfully or repeatedly retransmitted more
than a radius of 150 miles from the site of the radio broadcast transmitter, however —

(I) the 150 mile limitation under this clause shall not apply when a nonsubscription broadcast
transmission by a radio station licensed by the Federal Communications Commission is

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retransmitted on a non-subscription basis by a terrestrial broadcast station, terrestrial
translator, or terrestrial repeater licensed by the Federal Communications Commission; and

(II) in the case of a subscription retransmission of a non-subscription broadcast

retransmission covered by subclause (I), the 150 mile radius shall be measured from the
transmitter site of such broadcast retransmitter;

(ii) the retransmission is of radio station broadcast transmissions that are —

(I) obtained by the retransmitter over the air;

(II) not electronically processed by the retransmitter to deliver separate and discrete signals;
and

(III) retransmitted only within the local communities served by the retransmitter;

(iii) the radio station’s broadcast transmission was being retransmitted to cable systems (as
defined in section 111(f)) by a satellite carrier on January 1, 1995, and that retransmission
was being retransmitted by cable systems as a separate and discrete signal, and the satellite
carrier obtains the radio station’s broadcast transmission in an analog format: Provided, That
the broadcast transmission being retransmitted may embody the programming of no more
than one radio station; or

(iv) the radio station’s broadcast transmission is made by a noncommercial educational

broadcast station funded on or after January 1, 1995, under section 396(k) of the
Communications Act of 1934 (47 U.S.C. 396(k)), consists solely of noncommercial
educational and cultural radio programs, and the retransmission, whether or not simultaneous,
is a nonsubscription terrestrial broadcast retransmission; or

(C) a transmission that comes within any of the following categories —

(i) a prior or simultaneous transmission incidental to an exempt transmission, such as a feed

received by and then retransmitted by an exempt transmitter: Provided, That such incidental
transmissions do not include any subscription transmission directly for reception by members
of the public;

(ii) a transmission within a business establishment, confined to its premises or the

immediately surrounding vicinity;

(iii) a retransmission by any retransmitter, including a multichannel video programming

distributor as defined in section 602(12) of the Communications Act of 1934 (47 U.S.C. 522
(12)), of a transmission by a transmitter licensed to publicly perform the sound recording as a
part of that transmission, if the retransmission is simultaneous with the licensed transmission
and authorized by the transmitter; or

(iv) a transmission to a business establishment for use in the ordinary course of its
business: Provided, That the business recipient does not retransmit the transmission outside
of its premises or the immediately surrounding vicinity, and that the transmission does not
exceed the sound recording performance complement. Nothing in this clause shall limit the
scope of the exemption in clause (ii).

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Copyright Infringement:

Copyright infringement refers to the unauthorized use of someone’s copyrighted work. Thus,

it is the use of someone’s copyrighted work without permission thereby infringing certain
rights of the copyright holder, such as the right to reproduce, distribute, display or perform
the protected work.

Copyright infringement is the use or production of copyright-protected material without the

permission of the copyright holder. Copyright infringement means that the rights afforded to
the copyright holder, such as the exclusive use of a work for a set period of time, are being
breached by a third party. Music and movies are two of the most well-known forms of
entertainment that suffer from significant amounts of copyright infringement. Infringement
cases may lead to contingent liabilities, which are amounts set aside in case of a possible
lawsuit.

Owners develop new work and get copyright protection to ensure that they can get profit
from their efforts. Owner has sole authority either to sell his work or to license it to the third
party who can make use of his work but if someone duplicates or reproduces the work of
copyright holder without the latter's permission, then this can lead to copyright infringement,
in which owner can take legal action against the infringer.

Section 51 of the Copyright Act specifies when a copyright is infringed. According to Section
51 of the Act, Copyright is deemed to be infringed if:

 A person without obtaining the permission of the copyright holder does any act which
only the copyright holder is authorised to do.
 A person permits the place to be used for communication, selling, distribution or
exhibition of an infringing work unless he was not aware or has no reason to believe
that such permission will result in the violation of copyright.
 A person imports infringing copies of a work
 A person without obtaining the authority from the copyright holder reproduces his
work in any form.

Copyright Infringement examples

 If a person uses someone’s song as background music in his/her music video then he
could be made liable for copyright infringement.
 If a person downloads movies or songs from an unauthorized source then it will
amount to copyright infringement.
 A person is free to record a TV program to view it later, but if he transfers or
distributes it to others then it becomes a copyright infringement.

Copyright infringement elements

 The work was the original creation of the author

 The defendant actually copied the work of the author. It is important to note that not
all factually copying is legally actionable. The substantial similarity between the

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 works of the author and the defendant has to be established to prove that the
defendant has infringed the author’s copyright.

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Copyright Issues:

There are a number of issues that can arise in Copyright. These are discussed below:

1.  Plagiarism

This is the ultimate nightmare: when someone steals your ideas, writing, music or other
intellectual property and pretends that it’s theirs. People are allowed to quote a limited
amount of your work, but are supposed to give full credit to you.

Where you are losing out substantially, you can take the offender to court under the
provisions of section 1498 of title 28. This grants temporary and final injunctions to prevent
copyright infringement. Copyright is automatic, and exists from the moment of creation.

A court can also impound material (such as copies of molds or master tapes), and can order
them to be destroyed. More information is available here.

You may also recover damages, if your case is proved, plus any additional profits the other
party has made from your work. There’s a presumption that an infringement was deliberate,
but if someone who has breached copyright proves that it was unintentional, it could reduce
your damages, or destroy your case.

You could also be able to recover your legal fees, but this is at the court’s discretion. Note
that you have to take action within five years of the breach of copyright in a criminal case,
and within three years in a civil case.

2. Ownership

Under the law, the owner, manufacturer, or creator (which may not be the same person) can
copy a work, create derivatives, sell, rent, lease or lend copies, and publicly perform works or
musical recordings.

Who owns the copyright? If you were employed by a company when you created your work,
your employer usually owns the copyright. If you were working on commission or freelance,
you retain copyright unless you assign it to the purchaser under a legal agreement. Always
check contracts for clauses assigning copyright.

Just because someone buys your work doesn’t mean they can alter, copy, or publicly display
it. They should ask your permission first.

The moral here is to ensure your contract terms are very clear on who owns copyright, if you
would like to keep it or prevent particular uses (such as alteration). You may be happy to
assign copyright to a purchaser, but be aware that this is forever. You can’t then sell the same
thing to someone else; the second product would have to be substantively different.
If you’re simply selling goods, such as jewellery or pottery, you automatically retain
copyright.

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3. Website Copyright

The basic design of a website is copyright, as are its contents, including text, graphics, any
audio or video, HTML and other mark up code, lists of websites and links, as well as any
other original material.

Some websites expressly forbid ‘deep’ links – links that bypass their home page – so it is best
to check before doing this. Stanford has more information.

4. Creative Commons, Freeware, and Shareware

If you want to share your work, are not worried about payment, but want to remain within the
boundaries of copyright law and get credit for your work, you may want to
investigate Creative Commons licenses.

These are valid globally and are based on copyright law. The Creative Commons website
asks a few simple questions, such as whether you want to allow commercial use or derivative
works, to determine the sort of license you need. A credit to the creator is a fundamental part
of this format.

Freeware and shareware are software offered free of charge, though shareware often either
restricts the software’s functions or includes a free trial time limit. Removing the restrictions
or time limit would breach copyright.

5. Length of Copyright

Many people presume copyright is a brief thing, and that copying a work created ten years
ago is okay. Not so!

In 1998, President Clinton signed the Sonny Bono Copyright Extension Act, which extends
existing copyrights by 20 years, and brought the US into line with Europe. The basic term of
protection is now the life of the creator, plus 70 years, for works created after January 1978.
Work for hire has a 95-year copyright.

There are different lengths of copyright for some media – 25 years for photographs and 50
years for films. This means that if you find an older piece of your work has been reproduced
without your permission, you can still sue for breach of copyright.

6. Breach of Copyright Abroad

US copyright laws don’t apply to other countries, though often relevant foreign laws are
similar to those in the US, as you can see from this UK website.

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Many countries have signed up to the Universal Copyright Convention, or the World
Intellectual Property Organization Copyright Treaty, which protects computer software.

Most countries have signed the earlier Berne Convention, and Wikipedia has a useful list of
which countries have signed up to which agreements. For work published online, there
is ongoing debate about how the “country of origin” should be defined.

This legal website provides an interesting primer on how to undertake actions in other

countries.

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Types of Copyright Infringement:

Copyright infringement can be broadly classified into two categories:

1. Primary Infringement
2. Secondary Infringement

Primary Infringement
Primary infringement refers to the real act of copying the work of the copyright holder. For
example, photocopying a book and then distributing it for commercial purposes. 

However, sometimes a person may only copy a part of the work, for example, a paragraph of
an article. In such a case, the copyright holder is required to establish two things:

 Substantial Taking
A copyright is infringed only when an unauthorized person copies a substantial part  of the
work. For example, copying a catchy phrase of a lyricist. 

While deciding the case, the court also tries to conceive, how an ordinary person will
perceive the work. If an ordinary person will perceive that the work is copied from a different
source then it will be considered infringement.

If the writing style, language and errors are similar to the copyrighted work then it will serve
as evidence of copying in a court of law. The minor alterations made by the person in the
work of a copyright holder will not affect the claim of infringement.

 Casual Connection
The copyright holder must prove that there is a similarity in the works of the copyright holder
and the infringer. However, this may be because of several other reasons like both of them
have used the same source for the research. In such a case, the copyright holder can not claim
for infringement.

Secondary Infringement
Secondary Infringement refers to the infringement of copyright work without actually
copying it. This can happen in the following ways:

 Providing a place for Copyright Infringement

If a person provides the place or permits the place (for profit) to be used for communicating
of the work the public and such work amounts to copyright infringement then such person
can be made liable for the offence of copyright imprisonment. However, if the person is
unaware or has no reason to believe that the place is used for copyright infringement then
cannot be made liable for the same.

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It is important to note that the person should let the place for “profit” to be made liable for
copyright infringement. If an NGO lets the place then the NGO cannot be made liable for the
same.

 Selling Infringing Copies

If a person sells the copies that infringe the right of the copyright holder then it will amount
to copyright infringement.

 Distributing Infringing Copies

When a person distributes infringing copies of the copyright holder works then it will amount
to copyright infringement. For example, if a person uploads a movie on the internet for free
then it is an infringement of copyright.

 Importing Infringing Copies

Importing the infringed work of the copyright holder in India also amounts to infringement of
Copyright. However, if the person has imported the infringed work for the domestic or
personal use then it will not amount to Copyright Infringement.

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Ownership of Copyright:
Initial Ownership
The initial ownership belongs to the creator of the work itself. Thus, for example, if a
person A has written a novel P then initially it is the A himself, who is eligible for the
ownership, thus, no one else other than A can claim the ownership on the novel.

The work made for Hire rule

If a person hires someone for the creation of the work then it is the hirer or the employer who
is the owner of the copyrighted work and not the person who has originally created the work
unless there is an agreement to the contrary.

Joint Ownership and Authorship

If two or more authors have worked together to create a work then the authors will get joint
ownership over the work.

Assignment
Assignment refers to the transfer of copyright ownership. A person or a company to whom
the rights are assigned is known as assignee. In this case, the Assignee become a owner.

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Rights of Copyright owners:

Certain Rights are given to the copyright holder under the Copyright Act, 1957. These rights
are discussed below:

Right to Reproduction
The right to reproduction allows the copyright holder to make copies of his work in any form.
The copyright holder can also bring legal action against the person if he reproduces his work
i.e. download or copies his work in any format for commercial purposes.

Right to distribute
The copyright holder has the right to distribute his work in a manner he deems fit. He is also
entitled to transfer his rights or some rights. For example, he may allow someone to translate
his work.

Right to make derivative works 

The copyright holder has the right to derivative works. Thus, if a person wants to make a
movie based on a novel then he should take permission from the author of the novel to do so
or it may result in copyright infringement.

Right to publicly perform

The copyright holder has the right to perform his work publicly i.e. a writer of a novel may
showcase his work by performing drama or concert. 

Right of Paternity
The right of paternity allows the copyright holder to claim authorship of the work. The author
can claim due credit for his work, thus for example, if a movie is based on a novel but the
maker of the movie does not acknowledge the author of the novel then the author can bring
an action against the makers.

Sui Generis Right

This right is available to the creators of the database and software. The right exists for a
period of 15 years.

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Copyright Exceptions:

Quotation, Criticism and Review

If a person uses the quotes of the copyrighted work then it will not amount to infringement.
Similarly, a person may cite examples of the published work to criticize it or review it.

Criteria for using the exception

 The reason for using the material is genuinely for the purpose of Quotation, Criticism
and Review. For example, one cannot discuss the whole film in an article and then
comment that he/she liked the movie. 
 The material which is used for review or criticism should already be available to the
public. Thus, a person cannot use the material which is not made available to the
public but is kept confidential.
 The use of the material should be fair. There is no legal definition of what is fair and
what is not. The fair use of the material will depend on the facts and circumstances of
the case.
 If a person has provided sufficient acknowledgement to the copyright holder then it
would not amount to copyright.

Parody and Pastiche

Parody means to use the existing work of someone to create the humour or to use it for
mockery. Some people may use the copyrighted work to make a critique while others may
use it to draw attention to a social phenomenon. Use of work for parody and pastiche is not
considered as a copyright infringement.

Test for Copyright Infringement

To test whether the work is copyrighted or not, the court follows the three-factor test. These
three factors are:

1. Quantum of the work copied

2. Purpose of copying the work
3. The likelihood of competition between the two works.

News Reporting
A news reporter may sometimes use the copyrighted material to report the current event. For
example, a news reporter may use a part of the video clip to report a current event. In this
case, he is exempted from copyright infringement. There are certain conditions under which a
news reporter is exempted from copyright infringement, the conditions are discussed below:

 The news reporter has not used the copyrighted photograph. The copyrighted
photograph cannot be used for news reporting.
 The purpose of using the material should be genuine i.e. for reporting purpose only.
 There should be a fair use of the material.
 The news reporter has to sufficiently acknowledge the author of the copyrighted
work.

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Libraries
The libraries often lend readers the book for a certain period and make copies for its users.
The librarians, in this case, cannot be made liable for copyright infringement.

Education
Another exception to copyright infringement is the use of copyrighted material for
educational purposes. Sometimes the copyrighted material is used by the teachers to illustrate
a point or make the student understand the concept then it is not a copyright infringement.
Similarly, if a student uses the thoughts of someone to explain an answer in examination then
it is not a copyright infringement.

Research and Private Studies

Researchers have to use various copyrighted sources for the research purpose. The
researchers are allowed to use copyrighted material for research purposes, it does not amount
to copyright infringement. Copyright allows making single copies or taking shorts extracts of
the work for non-commercial purpose.  

Private Copying
Private copying refers to the copying of material from one device to another without
infringing the right of the copyright holder. For example, one may copy a song from DVD to
MP3 player for backup purpose.

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Remedies for Infringement of Copyright:

Under the Copyright Act, 1957 the copyright holder has two types of remedies:

Civil Remedies  

 Section 55(1) of the copyright act, provides that the copyright holder is entitled to
remedy by way of injunction. The injunction is the most effective remedy in case of
copyright infringement. Injunction refers to the judicial process by which one who is
threatening the legal rights of someone is restrained to continue his acts or is ordered
to restore the matter to the position in which they stood before the action.
 Section 55(1) of the copyright act, further provides that the copyright holder is
entitled to damages for copyright infringement. The purpose of providing the damages
to the copyright holder is to restore him to the earlier position. 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.

Criminal Remedies

 The copyright holder can take criminal proceedings against the infringer. The criminal
remedy is not an alternative to the civil remedy but is complementary to it. Thus, the
copyright holder can bring both civil and criminal proceedings simultaneously. 
 Section 63 of the Copyright Act, states that copyright infringement is a criminal
offence.

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Case law:

Raj Rewal v Union of India &Ors[CS(COMM) 3/2018, with IA Nos. 90 and 92 of 2018]

Issue: Whether an Architect, as the creator and legally the ‘author’ of a structure has a right
vested in him to object to such modification or demolition of their work by the owner of the
building?

Background: The dispute centres around section 57 of the Copyright Act, 1957 under which
the plaintiff has filed for a mandatory injunction to reinstate the building according to the
original plans. Section 57 of the Copyright Act, 1957 provides the author with special rights
called ‘moral rights’ which subsists with the author of the work over and above economic
rights of others.

Facts: The present case talks about one Mr. Raj Rewal who designed and Mr. Mahendra Raj
who was the structural designer of the Hall of Nations building. The said building was hailed
as an icon of modernist Indian architecture and was erected in the Pragati Maidan grounds in
New Delhi. The ITPO in 2016, made a proposal to demolish the Hall of Nations complex in
order to build an ‘Integrated Exhibition cum Convention Centre’. Despite of several attempts
made by the Plaintiff to protect the building from demolition it resulted in what ITPO desired.
Post demolition of the building the Plaintiff instituted a suit against the actions of ITPO by
claiming that the actions of demolition had derogated the Plaintiff’s special rights under
Section 57.

Judgement: Rejecting the plaintiff’s claims the Court framed the issue as a conflict of two
different rights, namely – the architect’s rights under Section 57, and the landowner’s rights
to practice acts pertaining to their property.

The court observed that the plaintiff in this case cannot be allowed to prevent the demolition
of the building by the defendant as it would in turn amount to restriction of the defendant’s
right to practice their control over their property and land which is provided to them under

Article 300A which is a constitutional right which prevails over the statutory rights of the
plaintiff which they claim to exist under Section 57 of Copyright Act, 1957.

The court further states that the author’s right under Section 57 to prohibit ‘distortion,
mutilation or modification’ of his work does not permit an author to prevent complete
destruction of their work since “that what cannot be viewed, seen, heard or felt, cannot be
imperfect and cannot affect the honour or reputation of the author.” Therefore, the extent to
which the right vested in the architect extents to is to prevent the building owner to refrain
from making changes in the design made by the architect and passing it off as if the design
was made by the architect. The Court in furtherance to that also relied upon Section 52(1)(x)
which acts as an exception to copyright of the architect.

The court reasoned that the ‘reconstruction’ envisaged under Section 52(1)(x) could only take
place if the building had already been demolished. Noting that the Copyright Act must be
read harmoniously, the court therefore stated that Section 57 could not reasonably
contemplate the right to object to the demolition of a building.
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In conclusion the court dismissed the suit due to lack of cause of action against the
demolition of the Hall of Nations.

YRF v Sri Sai Ganesh Productions Ors on 8 July, 2019

Issue: Whether copyright can subsist in a cinematography film independent of the underlying

works that it is comprised of? 2. Whether the expression under section 14 to ‘make a copy of
the film’ mean making physical copy of the film only? And between the two films is there a
substantial and material similarity?

Facts: A copyright infringement suit was filed against Sri Sai Ganesh Productions &Ors by
Yash Raj Films Pvt Ltd on the grounds that it blatantly copied the movie Band Baja Baarat
produced under the YRF banner and producing Jabardasht which showcased substantial and
material similarities in terms of theme, concept, plot, character, sketches, story, script, form
and expression amongst other things.

Judgement: The court while determining the first issue relied on the judgement handed
down by the Delhi High Court in the case of MRF Limited v. Metro Tyres Ltd, in which the
court held that copyright exists in the ‘cinematographic film’ independent from other
underlying works that come together to constitute it and that there is a requirement of
originality to exist in ‘cinematographic films’ which can be read into from Section 13(1)(b)
of the Copyright Act, 1957 through Sections 13(3)(a) and 2(d) of the said Act even though it
has not been explicitly mentioned.

The court while determining the second issue held that the expression ‘to make a copy of the
film’ provided in Section 14(d)(i) of the said Act does not simply mean creating a physical
copy of the film by process of duplication. Furthermore, as the films are protected just like
original works, the court extended the test of originality set out in the case of R.G Anand v.
Deluxe Films to distinguish between the two films on the basis of ‘substance, foundation and
kernal’ and understand the viewpoint of an average moviegoer as to whether they would have
an unmistakable impression that one work was a copy of the other. In the instant case the
court found that the defendants had blatantly copied the fundamental, essential and distinctive
features of the plaintiff’s film.

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Conclusion:

To sum up, the purpose of copyright is to protect the rights of the creator and provide the
incentives and economic benefits to the creator. The scope of copyright extends to the literary
or artistic works which demands creativity including Database and computer software. The
registration of work is not necessary to be eligible for copyright however, it is often advised
to register the work because it serves as an evidence in the court.

If a person infringers the copyrighted work of someone then he will be liable for both the
criminal liabilities and civil liabilities. However, there are certain exceptions to the copyright
infringement i.e. in certain cases a person is not required to obtain the permission of the
copyright holder to use his work. However, it is always advised to produce the original work
and not to use someone’s copyrighted work without permission.

The provisions of the abovementioned two enactments show that the Copyright protection in
India is strong and effective enough to take care of the Copyright of the concerned person.
The protection extends not only to the Copyright as understood in the traditional sense but
also in its modern aspect.

Thus, on-line copyright issues are also adequately protected, though not in clear and express
term. To meet the ever- increasing challenges, as posed by the changed circumstances and
latest technology, the existing law can be so interpreted that all facets of copyright are
adequately covered. This can be achieved by applying the purposive interpretatio technique,
which requires the existing law to be interpreted in such a manner as justice is done in the
fact and circumstances of the case.

Alternatively, existing laws should be amended as per the requirements of the situation. The
existing law can also be supplemented with newer ones, specifically touching and dealing
with the contemporary issues and problems. The Information Technology Act, 2000 requires
a new outlook and orientation, which can be effectively used to meet the challenges posed by
the Intellectual Property Rights regime in this age of information technology.

Till the country has such a sound and strong legal base for the protection of Intellectual
Property Rights, the judiciary should play an active role in the protection of these rights,
including the copyright. The situation is, however, not as alarming as it is perceived and the
existing legal system can effectively take care of any problems associated with copyright
infringement.

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The Future of copyrights in India:

The copyright laws in India are set to be amended with the introduction of the provisions for
anti-circumvention and Rights Management Information in the Indian copyright regime
although India is under no obligation to introduce these changes as it is not a signatory to
WCT or WPPT.

With the amendment of the Copyright Act in 1994, which came into force on 10 May 1995,
the situation with regard to copyright enforcement in India has improved. According to
Ramdas Bhatkal of Popular Prakashan, Bombay, "We had problems of piracy relating to
medical textbooks before the law was amended. At that time we found that while the law may
be on our side, it was necessary to get a court order for search and this meant that there was
sufficient notice to the pirate to take defensive action before the court order could be
implemented. Therefore we preferred to accept the situation and did nothing. Since the
changes which make copyright violation a cognizable offence it has been possible to use the
legal mechanism as a deterrent."

Section 64 of the Indian Copyright Act 1957 provides that "Any police officer, not below the
rank of a sub-inspector, may, if he is satisfied that an offence under Section 63 in respect of
the infringement of copyright in any work has been, is being, or is likely to be, committed,
seize without warrant, all copies of the work, wherever found, and all copies and plates used
for the purpose of making infringing copies of the work, wherever found, and all copies and
plates so seized shall, as soon as practicable, be produced before a magistrate."

"Copying a book is similar to stealing somebody's jewellery. Large scale organized copying
is like robbing a jeweller's shop or a bank. But then, there is a major difference. In the case of
a bank robbery the newspapers are full of sensational news and the whole might of the State,
especially the police, jumps in to catch the culprit, there is pressure of public opinion even on
the judge trying the case. The effect is electric.

On the other hand, in the case of a book pirate, the police justify their inaction by pointing to
murder dockets; the State deflects the desperate appeals of Copyright owners with
nonchalance and the judge sits with a `so what' attitude while the man on the street remains in
stark oblivion.

"The copyright does not protect the idea but it does protect the skill and the labour put in by
the authors in producing the work. A person cannot be held liable for infringement of
copyright if he has taken only the idea involved in the work and given expression to the idea
in his own way. Two authors can produce two different works from a common source of
information each of them arranging that information in his own way and using his own
language. The arrangement of the information and the language used should not be copied
from a work in which copyright subsists."

Before I conclude, I must make it clear that despite the variety of cases given in this paper,
there is not much piracy of books in India. By and large, to save their business interests,
publishers and distributors try to enforce copyright to the best of their abilities. Yet, piracy
hurts them hard because the books which get pirated invariably are the few with good margin
and high demand. Deprived of the profits from such bestsellers the book industry starved of
the much needed capital for growth and investment in literary works of significance but low

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sales potential, especially by up-coming authors. Harsher measures are therefore needed to
curb piracy.

Another area of copyright infringement which needs to be tightened up relates to protection

of author's rights vis-a-vis the assignee or the licensee. There is need to develop a model
contract, too, which should also provide protection for the author's rights in the fast changing
scenario of electronic publishing, Internet, etc.

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Bibliography:

1.Law of Copyright by Jatindra Kumar Das

2.Copyright Law by Ishita Chatterjee

3.Intellectual Property Law by P.Narayan

Webliography:

http://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html

https://en.wikipedia.org/wiki/Copyright_infringement

https://blog.ipleaders.in/copyright-infringement/

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