Copyright Infringement – Remedies

Types of Copyright Infringement

Copyright infringement occurs when a person intentionally or unintentionally copies the work of another creator. Any work which is protected by copyright laws, and is used without permission, then it is said that the exclusive rights of the owner are infringed. Classification of copyright infringement is done as follows:

Primary Infringement-

The following acts are considered as a Primary infringement of copyrights, which in turn contravenes the restricted rights of the owner of the copyrighted work:

  • Duplicating the work
  • Issue duplicates of the work
  • Perform, display or play the work in public
  • Rent or loan the work to the public
  • Communicate the work to the public
  • Make an adaptation of the work

Secondary Infringement

In case of Secondary infringement, the person infringing the copyrighted work has knowledge about it. Examples include:

  • Importing infringing copy
  • Providing the opportunity for making infringing copies
  • Possession of or dealings with the infringing copy

Rights of Copyright Owners

In order to understand the remedies of copyright infringement, it is important to understand the rights of the authorized owner:

  • Produce, reproduce, perform or publish any translation of the work
  • Publish the work
  • Produce the work in a material form
  • Perform the work in public
  • Communicate the work through broadcast, radio or cable
  • Make any adaptation of the work

Whereas it is noteworthy that the original creator of the work enjoys the exclusive right to:

  • Distribute the work
  • Perform the work publicly
  • Make a derivative based on the original
  • Seek remedies for unauthorized use of the copyright work
  • Display the work in a commercial setting
  • Make copies of the work

Related Topic: Confidentiality Agreement and its Importance

Remedies of Copyright Infringement

Civil Remedies

Section 55 of Copyright Act, 1957 provide Civil Remedies in cases of Copyright Infringement:

1. Interlocutory Injunctions

First of all, in a layman’s language Interlocutory order is a Court’s order directing in order to compel or prevent a party from doing certain acts until the final determination of the case. Three essentials to grant an interlocutory injunction are as follows:

  • Balance of Convenience
  • Prima facie Case
  • Irreparable injury

2. Pecuniary Remedies

Further, there are three pecuniary remedies available under Section 55 and 58 of the Copyright Act, 1957:

  • An account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct,
  • Compensatory damages which let the copyright owner seek the damages he suffered due to the infringement,
  • Conversion damages which are assessed according to the value of the article.

3. Anton Pillars Order

Derived from the Anton Pillar AG V. Manufacturing Processes case there are four elements involved in Anton Pillars Order:

  • An order permitting the plaintiff’s lawyer to search the defendant’s premises and take goods in their safe custody.
  • An injunction restraining the defendant from destroying or infringing goods,
  • An order that the defendant be directed to disclose the names and addresses of suppliers and consumers,

4. Mareva Injunction

Furthermore, this type of injunction is provided under Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908. In case the Court believes that the defendant is trying to delay or obstruct the execution of Decree passed against him, the Court reserves the power to direct him to place whole or any part of his property, as may be sufficient to satisfy the Decree under the Court’s disposal.

5. Norwich Pharmacal Order

Norwich Pharmacal Order is passed, in case the information is needed from a third party.

Criminal Remedies

Other than the above mentioned Civil remedies, there are following Criminal remedies available in cases of Copyright infringement:

  • Search and seizure of infringing goods,
  • Delivery of infringing goods to the copyright owner,
  • Fine which may not be less than 50,000 but, may extend up to 2,00,000,
  • Imprisonment up to 3 years but, not less than 6 months.

If you want to Apply for Trademark Registration, you can go with Apply Trademark.

By |2018-10-27T11:59:36+00:00July 23rd, 2018|Copyright Registration|

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