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Copyright Infringement

Copyright grants the holder exclusive rights, including the ability to distribute, reproduce, perform, or display the protected work. Using such work without the copyright owner’s authorization constitutes copyright infringement.

Copyright infringement refers to the unauthorized use of someone’s copyrighted material for personal or commercial gain, violating the owner’s exclusive rights to distribute, reproduce, perform, or display the work.

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Why Should I Use Auriga Accounting For Copyright Infringement ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Copyright Infringement.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Infringement

Complete your Infringement

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Overview - Copyright Infringement

Copyright infringement happens when someone uses a copyrighted work — like books, music, films, software, or artwork — without the permission of the copyright owner. This unauthorized use violates the exclusive rights granted to the creator under copyright law.

Rights of a Copyright Owner

The author or publisher whose name appears on copies of dramatic, literary, artistic, or musical works is presumed to be the rightful copyright owner. A copyright owner holds the following exclusive rights over their work:

  • Reproduce the work: The right to create copies of the original work.
  • Publish the work: The right to make the work available to the public.
  • Perform the work publicly: Permission to perform the work, such as in a play, concert, or recital.
  • Translate the work: The right to create versions of the work in different languages.
  • Create adaptations: The right to modify or adapt the work, including turning a book into a play or film.
  • Produce films or sound recordings: The right to make a cinematograph film or audio recording of the work.
  • Broadcast the work: The right to transmit the work via radio, television, or digital platforms.
  • Distribute copies: The right to control how copies of the work are distributed, whether by sale, rental, or other means.
  • Prevent unauthorized use: The right to restrict others from using the work without permission

 

What Counts as Copyright Infringement?

Infringement can occur in various ways, including:

  • Reproducing the work (e.g., copying a book, music, or movie).
  • Distributing the work (e.g., selling or sharing unauthorized copies).
  • Publicly displaying or performing the work (e.g., streaming a movie without a license).
  • Creating derivative works (e.g., making a spin-off, remix, or adaptation without permission).

 

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Types of Copyright Infringement

  1. Primary Infringement: Direct, unauthorized copying or usage of the original work.
  2. Secondary Infringement: Indirect involvement, like distributing pirated content or profiting from infringing copies.
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Key Elements of Copyright Infringement

For an act to be considered copyright infringement, the following must be established:

  • The work is original and protected by copyright.
  • The infringer copied the work — independent creation (i.e., coincidental similarity) is not considered infringement.
  • A substantial part of the work was copied — even partial copying can count if the heart of the work is taken.
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How to Avoid Copyright Infringement

  • Seek permission or licenses before using someone else’s work.
  • Create original content to avoid copying.
  • Check for copyright-free or Creative Commons content when you need images, music, or text.
  • Credit the creator where required, though attribution alone doesn’t always prevent infringement.

Consequences of Copyright Infringement

  • Civil penalties: Includes damages, injunctions to stop further use, and seizure of infringing materials.
  • Criminal penalties: In cases of willful infringement (especially for commercial gain), offenders can face fines and imprisonment.
  • Reputational damage: Businesses or individuals caught infringing may suffer public backlash and lose credibility.
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Exceptions — What Doesn’t Count as Copyright Infringement?

Certain uses are allowed under fair dealing (India) or fair use (other jurisdictions). These include:

  • Personal use or research
  • Criticism or review
  • Reporting current events
  • Educational purposes
  • Creating backups of computer programs for personal use

Acts That Do Not Constitute Copyright Infringement

Certain uses of copyrighted works are legally permitted without requiring the copyright owner’s consent. In India, the following activities are not considered copyright infringement:

  • Fair dealing for specific purposes:
    • Personal or private use, including research.
    • Criticism or review of the work.
    • Reporting current events or public lectures.
  • Computer programs:
    • Using the program for its intended purpose.
    • Making backup copies for temporary protection against damage or loss.
  • Judicial and legislative use:
    • Reproducing work as part of judicial proceedings.
    • Publishing or reproducing work prepared by the Secretariat of a Legislature for the exclusive use of its members.
    • Creating certified copies of work as required by law.
  • Educational and instructional use:
    • Public recitation or reading of reasonable extracts from published literary or dramatic works.
    • Publishing short passages from such works in collections intended for educational use.
    • Teachers reproducing work during instruction, including for exams and answers.
    • Students and staff performing dramatic, literary, or musical works, or reproducing sound recordings or films within the institution for an audience limited to staff and students.
  • Non-commercial performances:
    • Playing sound recordings in residential spaces or common areas for residents.
    • Performances by amateur clubs or societies for religious institutions or non-paying audiences.
  • Press and media use:
    • Reproducing articles on current political, economic, social, or religious topics in newspapers, magazines, or periodicals — unless the author has explicitly reserved reproduction rights.
  • Reproduction for public access or preservation:
    • Copying unpublished literary, dramatic, or musical works stored in museums, libraries, or other public institutions.
    • Creating drawings, engravings, paintings, photographs, or displays of architectural works.
  • Artistic and industrial use:
    • Including artistic works permanently displayed in public places or accessible premises as part of a cinematograph film’s background.
    • Making three-dimensional objects from two-dimensional artistic works for industrial purposes.
    • Reconstructing buildings or structures according to original architectural plans or designs.
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Criminal Prosecution for Copyright Infringement

Under the Copyright Act, 1957, willfully infringing or aiding the infringement of a copyrighted work is a criminal offence. If a copyright owner initiates a criminal suit, the penalties for infringement include:

  • First-time offence:
    • Minimum imprisonment of six months, extendable to three years.
    • Minimum fine of ₹50,000, which can go up to ₹2 lakh.
  • Repeat offence (second or subsequent conviction):
    • Minimum imprisonment of one year, extendable to three years.
    • Minimum fine of ₹1 lakh, extendable to ₹2 lakh.

Additionally, any police officer of sub-inspector rank or higher has the authority to seize infringing copies without a warrant if they believe an offence has been committed. These seized materials must be presented before a Magistrate.

The goal of copyright law is to safeguard the creator’s rights and ensure they receive due economic benefits. Copyright protection covers all original creative works, including computer software and databases.

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2023-06-10
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2023-04-07
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2023-04-07
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2023-04-07
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find way
2023-04-06
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623 Anjali
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Anjali Sharma
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2023-04-06
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