Copyright Infringement
Introduction
Copyright is the exclusive right given by law for a certain term of years to an author, composer
etc. to print and sell copies of his original works.
A copyright is a type of intellectual property that gives it owner the exclusive right to copy and
distribute a creative work, usually for a limited time. Copyrights are granted by public law and
are in that case considered territorial rights. It means that copyrights granted by the law of a
certain state, & do not extend beyond the territory of that specific jurisdiction. The concept of
copyright developed after the printing press came into use in Europe in 15 th and 16th centuries.
The concept of copyright firstly developed in England. In reaction to the printing of “scandalous
books and pamphlets”, the English parliament passed the Licensing of the Press Act 16621,
which required all intended publications is to be registered with the government- approved
stationers company. Copyright is a form of property, capable of being created by an individual or
a corporate author, and once created susceptible to commercial exploitation in the same way as
any other form of property, the component rights bring exclusively directed to security
enjoyment of the economic potential of the property.
1
Copyright in Historical perspective, p. 136-137, Patterson, 1968, Vanderbilt Univ. Press
Copyright Infringement
Description
1. Object of copyrights
The two main objectives of copyright are –
Encouragement of original works
Protection to the originator
2. Purpose of copyright-
To promote the progress of useful arts and science by protecting the exclusive right of the
creator.
To encourage the creators to come with a new ideas.
And also provide incentive and rewards to the creators.
What is a Copyright Infringement?
It refers to the unauthorized use of someone’s other work. Infringement of copyright is a
trespass on a private domain owned and occupied by owner of the copyright, and, therefore,
protected by law and infringement of copyright, consist in the doing by any person, without the
consent of the owner of the copyright, of anything the sole right to do which is conferred by the
statute on the owner of the copyright.
Infringement of Copyright
The Copyright Act, 1957 does not defined the word Infringement but under Sec- 51 of the Act
defines the varieties of acts which infringe copyright and other rights of the owner created by the
Act. Copyright is deemed to be infringed if:
A person without the permission of the copyright holder does any act which only the
copyright holder is authorized to do.
If person imports infringing copies of a work.
Copyright Infringement
Copyright infringement examples-
When a person uses someone’s song as background music in her music video then she
could be made liable for copyright infringement.
And when a person downloads movies or songs from unauthorized sites then it will also
amount to copyright infringement.
If a person download a TV program then it is ok if they distributes it to others then it
become copyright infringement.
Copyright issue-
There are many numbers of issues that can amount to copyright:
1. Plagiarism- If someone copies the copyright material and pretend that it to be his original
work.
2. Ownership- It arises when an employer work for an organization.
3. Derivative works- are those works which use the already existing work of someone. Ex-
translating a book into another language.
Types of Copyright Infringement-
1. Primary Infringement- It refers to the real act of copying the work of the copyright holder. Ex-
photocopying a book and then distributing it for commercial purposes.
2. Secondary Infringement- It refers to the infringement of copyright work without actually
copying it. This can happen in following ways-
Providing a place for copyright Infringement
Selling Infringement copies
Distributing Infringing copies
Importing Infringing copies
Copyright Infringement
Test for copying Infringement-
To test whether the work is copyrighted or not, the court follows the Three- factor test:
1. Quantum of the work copied.
2. Purpose of copying the work.
3. The likelihood of competition between the two works.
Remedies for Infringement of Copyright
1- Civil remedies: Acc. to Sec. 55 of The Copyright Act, 1957, where copyright in any work
has been infringed upon, the owner of the copyright shall be entitled to all such remedies
by way of injunction, damages & accounts.
2- Criminal remedies: Acc. to Sec.63 of the Copyright Act, 1957, the copyright holder can
take criminal proceedings against the infringer, where there is a provision of at least 6
month imprisonment, which may be extended to 3years and with a fine of Rs. 50,000 and
Which may extend to 2 Lakh?
Copyright Infringement
Discussion
Foreign cases-
Rogers vs. Koon’s2
Fact
Rogers is a professional’s photographer whose “puppies” photo had been reproduced as a note
card. Koon’s is an artist and sculptor who often use images from mass culture to comment upon
society. Koon’s modeled a three-dimensional sculpture entitled “strings of puppies” after Rogers
image. He gives his artisans Roger’s note card and directed them to create a reproduction “just
like the photo”. Rogers sue Koon’s for copyright infringement.
Observation
The court looked at the effect that Koon’s work would have on demand for the original
photograph and authorized derivative works. The court determine that Koon’s had produced
“string of puppies” for monetary gain, and that it prejudiced the market for the licensing of
reproductions and derivative works of the original work by decreasing demand for similar works.
Indian cases-
Ratna Sagar Pvt. Ltd. V. Trisea Publications & Ors.3
The petitioner renowned publisher of children’s books “living science”, sued respondent, who
published the book “unique science” for the copyright infringement. According to the plaintiff,
the content available in the defendant’s book is deceptively similar to theirs. After examining the
publication, the court held that respondent guilty of copyright infringement and imposed the
perpetual injunction on such an act as per section 14 & 19 of the Act.
2
960 F.2d 301
3
64 (1996) DLT 539
Copyright Infringement
Super Cassettes Industries Limited vs. YouTube & Google4
SCIL claimed that YouTube business model reaps substantial profit from the use of copyrighted
work uploaded without availing approval from the rightful copyright owners and without royalty
for the same. The High Court opined that video streaming giant and Google should stop
reproducing, distributing, transmitting, or displaying on their portals any audio-visual works
which are in the exclusive ownership of SCIL.
4
960 F.2d 301
Copyright Infringement
Conclusion
The purpose of copyright is to protect the rights of the owners of original work and provide
economic benefits to them for their creativity and diligence. Although the registration of work is
not necessary, but it is highly recommended to register as soon as one’s idea is transforming into
writing as it will be strong proof to be presented before the court in case of infringement. If a
person infringers the copyrighted work of someone then he will be liable for both the criminal
liabilities and civil liabilities. Copyright owners deserve compensation for the creation of their
works. It is an issue of property rights and practical necessity.
