The internet has posed a threat to humans in a variety of ways. Copyright infringement is one of them. People can browse millions of websites with a single click, post anything on social media networks by altering someone else’s original work; a common example of such change is the submission of research papers, in which scholars frequently use multiple sources to produce their work. People frequently plagiarise someone else’s original work without permission.
Unauthorized use of a copyrighted work is known as copyright infringement. Thus, it is the unauthorised use of another’s copyrighted work, thereby infringing on the copyright holder’s rights to reproduce, distribute, display, or perform the protected work.
When a copyright is infringed, it is defined under Section 51 of the Copyright Act.
Copyright is considered infringed under Section 51 of the Act if:
- A person performs anything that only the copyright holder is authorised to do without first acquiring the copyright holder’s permission.
- A person permits the use of the location for the communication, sale, distribution, or exhibition of an infringing work unless he is unaware or has reasonable grounds to suspect that such consent will result in a copyright violation.
- Someone brings in infringing copies of a work.
- A person reproduces his work in any form without first receiving permission from the copyright owners.
Elements of copyright infringement
- The author created the work from scratch.
- The defendant actually plagiarised the author’s work. It’s crucial to remember that not all factual copying is illegal. To prove that the defendant has infringed on the author’s work, substantial resemblance between the author’s and the defendant’s works must be proved.
Copyright Infringement Types
Infringement in the First Degree
The primary infringement refers to the actual act of copying the copyright holder’s work. For instance, photocopying a book for commercial purposes and then distributing it.
However, a person may only reproduce a portion of a work, such as a paragraph from an article. In this situation, the copyright holder must demonstrate two things:
Taken in a Big Way
Only when an unauthorised person copies a significant portion of a work does a copyright violation occur. Copying a lyricist’s catchphrase, for example.
While deciding the matter, the court considers how the work would be seen by a layperson. It will be considered infringement if an ordinary person notices that the work is copied from another source.
If the writing style, vocabulary, and errors are comparable to the copyrighted work, the proof of copying will be admissible in court. Minor changes made by the individual to a copyright holder’s work have no bearing on the charge of infringement.
The copyright holder must show that the works of the copyright holder and the infringer are similar. This could be due to a variety of factors, such as the fact that they both employed the same research source. In such a circumstance, the copyright holder is unable to bring an infringement claim.
Infringement by a third party
Secondary infringement is when a copyright work is infringed without actually copying it. This can happen in a variety of ways:
Copyright Infringement has a home here.
If a person gives or authorizes the use of a location (for profit) for the purpose of disseminating a work to the public, and that work constitutes copyright infringement, that person may be held accountable for copyright imprisonment. If the person is unaware or has no reason to think that the location is being used for copyright infringement, he or she cannot be held accountable.
It’s vital to highlight that the person should allow the location to be held accountable for copyright infringement for “profit.” If an NGO rents a space, the organisation cannot be held liable.
Copying and Selling Infringing Copies
Copyright infringement occurs when someone sells copies that infringe on the rights of the copyright holder.
Obtaining and Disseminating Infringing Copies
Copyright infringement occurs when someone distributes infringing copies of the copyright holder’s works. It is an infringement of copyright, for example, if someone freely uploads a movie to the internet.
Bringing in Infringing Copies
Importing the copyright holder’s infringing work into India is likewise a kind of copyright infringement. However, if the infringed work was imported for domestic or personal use, it would not be considered Copyright Infringement.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at firstname.lastname@example.org
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge