REMEDIES AGAINST INFRINGEMENT OF COPYRIGHT

According to the Copyright Act. 1957, the Chapters XI and XII deals with the infringement of copyright and the remedies available against it.

TYPES OF COPYRIGHT INFRINGEMENTS:

Infringement of copyright can be divided into two categories:

  • PRIMARY INFRINGEMENT; and
  • SECONDARY INFRINGEMENT.

Infringement of copyright usually occurs when a person intentionally or unintentionally copies the work of another creator.

TYPES OF REMEDIES AGAINST INFRINGEMENT:[i]

There are three kinds of remedies against infringement of copyright:

  1. CIVIL REMEDIES: This type of remedy deals with the injunction damages or account of profit, delivery of infringing copy and damages for conversion.
  2. CRIMINAL REMEDIES: This type of remedy is done by the imprisonment of the accused or imposition of fine or both and seizure of infringing copies.
  3. ADMININSTRATIVE REMEDIES: In this type of remedy, the Registrar of copyrights works to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.
  1. Civil Remedies for Copyright Infringement:

Section 55 of the Copyright Act, 1957[ii] deals with the different civil remedies available for the copyright infringement. They are:

  1. Interlocutory Injunctions: In such case, there are three requirements needed to be fulfilled, they are: there has to be a prima facie case, there is a need to be a balance of convenience and there needs to be an irreparable injury. Usually, a matter referred for interlocutory injunctions rarely goes beyond this stage.
  2. Pecuniary Remedies: A copyright owner can seek Pecuniary remedies under Sections 55 and 58 of this Act. The following conditions are needed to be fulfilled: first, an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the infringement. Third, conversion damages which are assessed according to the value of the article.
  3. Anton Pillar Orders: This gets its name from the Anton Pillar AG vs Manufacturing Processes case. The following elements are present in an Anton Pillar Order – First, an injunction restraining the defendant from destroying or infringing goods. Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and take goods in their safe custody. Third, an order that the defendant be directed to disclose the names and addresses of suppliers and consumers.
  4. Mareva Injunction: The Mareva injunction is used when the court believes that the defendant is trying to delay or obstruct the execution of any decree being passed against him. The court has the power to direct him to place whole or any part of his property under the court’s disposal as may be sufficient to satisfy the decree.
  5. Norwich Pharmacal Order: The Norwich Pharmacal Order is usually passed when information needs to be discovered from a third party.
  • Criminal Remedies for Copyright Infringement:

Under the Copyright Act, 1957 the following remedies are provided for infringement:

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

SOURCES:


[i] LEXOLOGY, https://lexology.com/ (last visited Dec 5, 2021).

[ii] The Copyright Act, 1957 §55.

Sanu Singh, SINGHANIA&PARTNERS, https://singhania.in/ (last visited Dec 5, 2021. 3:40 PM).

Aishwarya Says:

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.

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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.

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