Infringement of Copyright in India


Infringement of Copyright in India


Introduction of Infringement of Copyright in India: The word Infringement of Copyright is an exclusive right which is given to the owner of the Copyright person. If any person does any act without his (Owner) consent or authority the person is committing infringement of copyright in work. Infringement of copyright is a right in rem(against the whole world). Person cannot commit any work against the ownership right. The owner can take civil and criminal action to those person who violate his right, the owner also can take administrative action against those person. Thus it is clear that infringement of of copyright is to protect the author statutory right to his work and to encourage his creativeness.

What is Infringement (Section 51)
Infringement means which is not authorized and also an illegal reproduction of works of others person.
Illustration:- If a producer without the consent of novels writer make a films based on the story of novels, then it can be said the filmed is deemed as an infringed copy of the novels.

Definition of Infringement of Copyright:-
Section 2(m) of the Copyright Act, 1957, deals with the term infringing copy, the words infringing of copy means:-
       I.            Which is related to dramatic work, literally work, musical or artistic work, to reproduction thereof which is inform of cinematograph films,
    II.            In relation to a cinematograph films, a copy of the film made on any medium by any means,
 III.            In relation to a sound recording, any other recording embodying the same sound recording made by any means.

Act which Constitute Infringement

Nowadays there are various forms of creative works which includes literary, dramatic, musical and artistic works. Section 51 of the Copyright Act, 1957 deals with the circumstances when copyright is infringement. Section 51 says that copyright in works shall be deemed to be infringed:
       I.            When any person without the consent of the actual owner does any works, it would be infringement of copyright.
    II.            When any person makes any work, which is covered by copyright work for sale or hires by way of trade display will amount to infringement.

Act which do not Constitute Infringement of Copyright or statutory exception

Section 52 of the Copyright Act, 1957 provides certain exception to infringement. According to Section 52 the following types of Act does not come under infringement of copyright. They are as follows:-
       I.            If any person make any work for fair purpose relating to literary, dramatic, musical or artistic works but does not includes computer programmes,
    II.            For the purpose of research works.
 III.            Also includes for critism, and review etc.


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