In order to bring clarity amongst young startups community, in this blog, we will look into actions that are not considered Copyright Infringement in India and remedies incase of infringement.
- Using literary, dramatic, musical or artistic work for private research
- Making of copies or adaptation of a computer programme by the lawful processor
- Utilization of computer programme for the purpose for which it was supplied.
- Reproduction of the work for the purpose of a judicial proceeding
- Playing the recording in an enclosed room for the public to hear.
- Making no more than 3 copies of the copyrighted book under the direction of the Copyright owner
- The film works with all particulars are displayed in the video film.
- Any artistic work permanently situated in a public place.
- Reproduction of the content in any Indian Language
- The observation, study or test of functioning of a computer programmer for which the computer programme was supplied.
These are the top 10 actions that are generally carried out by individuals and businesses for various purposes. The above actions do not come under copyright infringement.
However what should you do if there is an Infringement ? Don’t worry we also have provided remedies as well :
Copyright is an asset celebrated by Copyright Certificate holders, this intellectual property protection right protects original work of authorship including software, books, articles, photographs and other creative works. As the copyright is a legal evidence and public notice of ownership, if this intellectual property is infringed, the remedies for copyright infringement will be covered briefly in this blog.
Note: without any agreement, no one can use any such property.
Civil Remedies For Copyright Infringement:
The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957. The different civil remedies available are:
1) Interlocutory Injunctions
The most important remedy is the grant of an interlocutory injunction. In most case, the application filled is for interlocutory relief and the matter rarely goes beyond the interlocutory stage. There are three requirements for there to be a grant of interlocutory injunction – Firstly, a prima facie case. Secondly, there needs to be a balance of convenience. Finally, there needs to be an irreparable injury.
2) Pecuniary Remedies
Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright Act of 1957. First, an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the infringement. Third, conversion damages which are assessed according to the value of the article.
3) Anton Pillar Orders
The Anton pillar order gets its name from the holding in Anton Pillar AG V. Manufacturing Processes. The following elements are present in an Anton Pillar Order – First, an injunction restraining the defendant from destroying or infringing goods. Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and take goods into their safe custody. Third, an order that the defendant is directed to disclose the names and addresses of suppliers and consumers.
4) Mareva Injunction
The Mareva injunction comes into play when the court believes that the defendant is trying to delay or obstruct the execution of any decree being passed against him. The court has the power to direct him to place whole or any part of his property under the court’s disposal as may be sufficient to satisfy the decree. This is provided in Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908.
5) Norwich Pharmacal Order
The Norwich Pharmacal Order is usually passed when information needs to be discovered by a third party.
Under the Copyright Act, 1957 the following remedies are provided for infringement:
- Imprisonment up to 3 years but, not less than 6 months
- Fine which may not be less than 50,000 but, may extend up to 2,00,000
- Search and seizure of infringing goods
- Delivery of infringing goods to the copyright owner
Good to have factors that Wazzeer brings in while handling cases like this are: accessibility to right professionals, clarity in pricing, and simplicity in delivery. We call this smart way to run a business. We would be happy to help you, let’s connect