Surya Prakash, from Bharatiya Vidyapeeth, Pune.
COPYRIGHT INFRINGEMNET AND REMEDIES
Copyright deals with the protecting the works of the others. All the fields of intellectual property copyright are concerned with protecting the work of the human intellect. The main aim of copyright is the protection of literacy and artistic works. These include writings, music, and works of fine arts, like paintings and sculptures and technology-based works like computers programs and on-line database. Copyright protects works that is the expression of thoughts and not the ideas. Copyright may be a branch of property rights and an exclusive right given by the judiciary to the creator on his creation. As a creator he has to rights to enjoy financial and other benefits associated as per the law over the creation. Violation of copyright law would lead to various legal consequences.
Keywords: Copyright, Intellectual property copyright, Protection, Copyright infringement, Creation
This article explain about the kinds of things that are protected under the heading of copyright, the rights that a copyright owner has and the way they will be used for commercial advantage. Much of the law concerning copyright is analogous altogether the countries that have signed international conventions and trade agreements. However, for a definitive answer to any copyright question you own country’s laws should be consulted. The two most important international agreements in the field of copyright are Berne Convention and TRIPS Agreement. Countries have laws to guard property for two main reasons. One is to offer statutory expression to the moral and economic rights of creators for his or her creations and therefore the rights of the general public in access to those creations. The other is to plug, as a planned act of state policy, creativity and thus the dissemination and application of its results and to encourage fair exchange of something which might contribute to economic and social growth.”
WHAT IS COPYRIGHT LAW?
A copyright is an intellectual property right granted by a government that offers the owner exclusive rights to use, with some restricted exceptions, original communicatory works. For an example materials entitled to copyright protection embrace original work of fiction, non-fiction, music, inventive style, ancient style, and sculptures. Copyright law in India is ruled by the Copyright Act of 1957.
COPYRIGHT PROVIDE PROTECTION OF RIGHTS
The most important feature of property is that the owner could use it completely that’s as he/she needs, which no one else will lawfully use it while not the owner’s authorization. The phrase “as she/he wishes” doesn’t, of course, mean that they’re going to use it despite the lawfully recognized rights and interests of alternative members of society. There are two varieties of rights under copyright: economic rights, which permit the owner of rights to derive money reward from the employment of this works by others, and ethical rights, which allow the author to want bound actions to preserve the personal link between him and so the work. Copyright could be a branch of belongings. The proprietor of copyright throughout a secured work could utilize the work as he needs, and have to be compelled to keep others from utilizing it while not his approval. Thus, the rights granted under national laws to the owner of copyright throughout a protected work square measure usually “exclusive rights”: to utilize the work or to approve others to utilize the work, subject to the lawfully perceived rights and interests of others.
RIGHTS OF REPRODUCTION
The right of the owner of copyright to prevent others from making of his copies of his works is the most basic right under copyright. For instance the making of copies of a protected work is the act performed by a publisher who wishes to distribute copies of a text-based work to the public, whether within the sort of printed copies or digital media like CD-ROM .Also, the best possible of a phonogram maker to make and appropriate minimal plates (CDs) containing recorded exhibitions of melodic works is predicated , to some degree, on the approval given by the writers of such attempts to breed their syntheses inside the chronicle.. Therefore, the proper to regulate the act of reproduction is that the legal basis for several sorts of exploitation of protected works. Some law incorporate a privilege to approve conveyance of duplicates of works; clearly, the best possible of propagation would be of little worth if the proprietor of copyright couldn’t approve the appropriation is generally dependent upon fatigue upon first deal or other exchange of responsibility for duplicate, which is made with me approval of the rights proprietor. This means that, after the copyright owner has sold or otherwise transferred ownership of a specific copy of a piece , the owner of that replicate may eliminate it without the copyright owner’s further permission, by giving it away or maybe by reselling it. TRIPS Agreement, have perceived a different ideal for PC programs, various media works and phonograms. The privilege of rental is legitimized in light of the fact that innovative advances have made it simple to rehash these sorts of works; involvement with certain nations has demonstrated that duplicates were made by clients of rental shops, and in this way , that the best possible to direct rental practices was essential to shield the copyright proprietor’s privilege of proliferation There are a few demonstrations of imitating a piece which are special cases to the general principle, since they are doing not require the approval of the creator or other proprietor of rights; these are known as “impediments” on rights. The development of advanced innovation, which makes the chance of making high-calibre, unapproved duplicates of works that are for all intents and purposes unclear from the source, has raised doubt about the proceeded.
TRANSFER AND ADAPTION RIGHTS
The acts of translating or adapting a bit protected by copyright conjointly need the authorization of the owner of rights. Translation means the expression of a bit throughout a language other than that of the primary version. Adaptation is usually understood as a result of the modification of a bit to create another work. Translations and diversifications are measures works protected by copyright. Therefore, therefore on breed and publish a translation or adaptation, authorization should be obtained from each the owner of the copyright inside the first work and of the owner of copyright within the translation or adaptation. Economic rights of the type mentioned higher than square measure usually transferred or assigned to different homeowners sometimes for a total of money or royalties hoping on the projected usage of the work. However, the second variety of rights, ethical rights, will ne’er be transferred. They always stay with the primary author of the work.
EXCEPTIONS TO INFRINGEMENT
We all should have studied concerning Copyright Infringement; but it’s not applicable in each case. Section 52 of the Copyright Act, 1957 is concerning exception to Infringement that is scan as “Certain acts to not be Infringement of Copyright”. The first thought behind this list is to permit the employment of proprietary material for functions of education, research, and also the advancement of public arrangements or to safeguard against violation and facilitates the employment of proprietary works while not the copyright holder’s consent. Honest dealing, though not declared beneath the Copyright Act, 1957 constitutes associate exception or limitation.
Section 52 (1) of the act shall not represent an infringement of copyright, a fair dealing with any work, not being a software computer programme, for the needs of-
(i) Private or personal use, as well as research;
(ii) Analysis or review, whether of that part of work or of any other work;
(iii) The reporting of current scenario which is among thevgeneral public.
In Super Cassettes Industries Ltd. v. Hamar Television Network Pvt. Ltd. & Anr, the Supreme Court set down broad principles of law with regards to fair dealing, some of which are:
- It is neither possible nor advisable to define the exact contours of fair dealing.
- It is a question of fact, degree, and overall impression carried by the court.
- Public interest and what interests the public need not be the same.
- Commercial use of copyrighted work cannot simplicities make it unfair.
- The motive of the user plays an important role.
- The principle of freedom of expression will protect both information as well as ideas. It allows the right of publication and receives information.
REMEDIES FOR INFRINGEMENT
According to Section 56 of The Copyright Act, 1957 in cases wherever such rights are possessed by a lot of one individual, any such person might, to the category of the proper possessed by them, are allowed to assert remedies beneath the Act.
I. Civil Remedies –
Section 55, Copyright Act, 1957 provide for injunctions, damages, interpretation of accounts, delivery and destruction of infringing copies and damages for conversion. Civil Remedies are as follows:
(a) Preventive Civil Remedies –
1. Interlocutory Injunction: It provides interim relief to the copyright owner.
2. Perpetual/ Permanent Injunction: Upon successful prospering institution of infringement, the plaintiff will be entitled to a permanent or perpetual injunction to restrain future infringements for the remainder of the term of copyright.
3. Jurisdiction of Courts: A suit or different civil proceedings concerning infringement of copyright is filed within the District Court or supreme court inside whose jurisdiction the litigant lives or carries on business or wherever the matter have emerged no matter the place of residence or place of business of the litigant.
4. Appointment of Local Commissioner: Where copyright in computer software is infringed, the plaintiff may request the appointment of a local area commissioner ex parte for the aim of preserving and protecting the infringing proof. Some guidelines for such appointments were made by the Delhi High Court in Rajeev Kumar & Anr. v. Microsoft Corporation & Anr.
(b) Compensatory Civil Remedies –
1. Damages: Damages may be awarded by courts. They may be categorised under three heads: actual or compensatory damages; damages to goodwill and reputation; and exemplary or punitive damages.
2. Damages for Conversion or Delivery Up: Section 58, Copyright Act, 1957 ascertains that in cases of violation, all infringing copies and every one plates, etc used for his or her production ought to be the property of the copyright owner and he/she is answerable for the recovery of constant.
3. Accounts of Profits: Accounts of profits are supplementary to the injunction and are required to be paid by the defendant to the plaintiff in respect of the profits he/she made from the infringement of copyright. A litigant can either claim damages or can claim accounts of profits.
II. Criminal Remedies –
These accommodate detainment, fines, capture of encroaching duplicates and conveyance of encroaching duplicates to the proprietor. Under the Copyright Act or intentionally abetting the equivalent is an offense culpable with detainment for in any event a half year, which may surpass as long as 3 years, and with a base fine of Rs. 50, 000/ – , which may reach out up to Rs. 2 Lac.
III. Border Measures –
The Act additionally provides for prohibition cardinal and destruction of foreign merchandise that infringe the copyright of someone with the help of the customs authorities of India.
CASE NAME– R.G. Anand vs. Delux Films and Ors.
• CASE FACT – The appellant, R.G. Anand, a designer by service and furthermore a play writer, screenwriter and maker of a few stage plays, composed and produced ‘HUM HINDUSTANI’ in 1953. It ran successfully and was re-staged in 1954, 1955 and 1956.In 1955, began to make a motion picture name ‘New Delhi’ which offended party accumulated, depended on his play, ‘Hum Hindustani’ and the respondent was guaranteed that it was not really . In 1956 movie released and after viewing the movie the plaintiff filed a suit for infringement of his copyright of his play. The plaintiff demands compensation which includes damages, account of profits and a permanent injunction against the defendants restraining them from exhibiting the movie.
• ISSUE– Regardless of whether the creation, appropriation and display of the film ‘New Delhi’ made by the respondents are in encroachment of the offended party’s copyright in the play, ‘Hum Hindustani’?
• JUDGEMENT – The Delhi High Court held that there is lot many difference in the story, theme, characterization and climaxes between the play name ‘Hum Hindustani’ and the movie name ‘New Delhi’. Court said that the defendants cannot be held to have committed an act of piracy because of the differences between the two. The allegation by the Anand that the defendants violated his copyright by copying his idea was held invalid. The Delhi High Court also said that copyright offers protection only to the expression of an idea and not the idea itself.
The Berne Convention expansively recorded ‘scholarly and aesthetic works’ so that “each creation in the abstract, logical and imaginative space, whatever might be the mode or type of articulation”, were incorporated. Covered under this broad term is every original work of authorship, regardless of its literary or artistic merit. The owner of copyright of a protected work may use the work as he wishes, and should restricts others from using it without his consent. Thus, since the holder may exclude others from acting against the holder’s interests, these rights are mentioned as “exclusive rights”. There are two other sorts of rights covered under copyright: economic rights and moral rights. Within the umbrella of economic rights are those several rights and applicable limitations, which can be alienable from the first holder. Moral rights will always remain with the first holder regardless of whether the economic rights are transferred. In addition to the categories of works mentioned above, a replacement genre of labour to be covered under copyright has emerged. This is sight and sound creation and despite the fact that there’s no legitimate definition, there’s an agreement that the blend of sound, content, and pictures in advanced organization, which is shaped open by a PC infection, is considered a bright articulation of initiation and is accordingly secured under the umbrella of copyright.
 World intellectual property organisation
 Super Cassettes Industries Ltd. v. Hamar Television Network Pvt. Ltd. & Anr, 2011 (45) PTC 70 (Del.).
 Dabur India Ltd. v. K.R. Industries, 2008 (37) PTC 332 (SC).
 Rajeev Kumar & Anr. v. Microsoft Corporation & Anr., 2014 (59) PTC 195 (Del)(DB).
 Microsoft Corporation v. K Mayuri & Ors., 2007 (35) PTC 415 (Del.).
 Maojah Cine Productions v. A. Sundaresan, AIR 1976 Mad. 22; Nav Sahitya Prakash v. Anand Kumar, AIR 1981 All. 200; Zahir Ahmed v. Azam Khan (1996) Cri. LJ 290.
 R.G. Anand vs. Delux Films and Ors., AIR 1978 SC 1613 (INDIA)