Offences and Penalties under the Copyright Act, 1957

Introduction:-

              Copyright is a set of ‘exclusive’ rights that provide authors the opportunity to control how their work is used and make money from it. These rights constituted aims to prevent the public from using your work without giving due credit. The Copyright, 1957, allows artists to be compensated for their labour, which fosters the creation of books, films, music, and other forms of creative expression. The production and spread of knowledge is the ultimate objective of copyright. Let’s take a look at the offences and penalties described in the Indian Act to prohibit the infringement of copyrights.

Section 63: Offences of infringement of copyright or other rights conferred by this Act.

            According to Section 63 of the Act, any person who deliberately infringes or is involved in the abetment of infringing the copyrights of work will be imprisoned for a minimum of six months and fined for not less than fifty thousand rupees. This act allows the resale share in original copies and does not make an offence out of it. Along with it, the Act does not consider the construction of a building or other structures which infringe or might cause possible infringement in any other work as an offence. 

Section 63A: Enhanced penalty on second and subsequent convictions.

             Whoever is guilty of an offence under Section 63 for the second or subsequent time will be punished with imprisonment for a term of not less than one year but not more than three years, and a fine of not less than one lakh rupees but not more than two lakhs rupees.

However, if an infringement takes place but is not profited off through the way of business or trade, it is in the discretion of the court to award a lighter sentence and penalty.

Section 64: Power of police to seize infringing copies.

              Due to the cognizable nature of the crime, any police officer is allowed to not below the rank of sub-inspector may seize without warrant all copies of the work, and all plates used to make infringing copies of the work if he is in suspicion that an offence under Section 63 in respect of infringement of copyright in work has been, is being, or is likely to be committed, and all copies and plates seized must be produced before a Magistrate as soon as possible.

             If the original owner of the work has an interest in the infringement of his work that had taken place, then within 15 days of the seizure, he can avail the remedy of restoration of the seized items.

Section 65: Possession of plates for purpose of making infringing copies.

            If any person knowingly makes or has possession of plates to create infringing copies of a copyrighted work, then he will be punished for a period of not less than 2 years and will be fined along with it.

Section 66: Disposal of infringing copies or plates for purpose of making infringing copies 

              Whether the alleged offender is convicted or not, the court trying the case under this Act may order that all copies of the work or all plates in the alleged offender’s possession that appear to be infringing copies or plates to make infringing copies, be delivered up to the copyright owner.

Section 67: Penalty for making false entries in register etc, for producing or tendering false entries 

Any individual who-

(a) enters or causes to be entered a false entry in the Copyrights Register maintained under this Act, or

(b) causes writing to be created fraudulently claiming to be a duplicate of any entry in such register, or

(c) produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false.

Then the offender will be punished by a one-year jail sentence, a fine, or both.

Section 68: Penalty for making false statements for the purpose of deceiving or influencing any authority or officer 

Making false statements with the intent of influencing or misleading any authority or official is illegal under Section 68. It imposes a penalty of up to a year in jail, a fine, or both for anybody who, with the intent to,

(a) Deceive any authority or person charged with enforcing the Copyright Act of 1957, or 

(b) Obtaining or influencing the doing or omission of anything in connection with this Act or any issue arising therefrom, makes a fraudulent statement or representation with the knowledge that it is untrue.

Section 68 A: Penalty for contravention of Section 52-A. 

Any individual who publishes a sound recording or a video film in violation of Section 52-A is subject to a three-year jail sentence as well as a fine.

Section 69: Offences by companies –

(1) Where a company commits an offence under this Act, every person who was in charge of, and responsible to the company for, the conduct of the company’s business at the time the offence was committed, as well as the company, shall be deemed guilty of the offence and liable to be prosecuted and punished accordingly.

If he establishes that the offence was committed without his knowledge or that he exerted all reasonable care to avoid the conduct of such offence, nothing in this subsection shall render him responsible for any punishment.

(2) Notwithstanding anything contained in subsection (1), where an offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or another officer of the company, such director, manager, secretary or another officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Section 70: Cognizance of offences –

Section 70 states that no court lower than that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class would hear cases brought under the Act.

References:-

https://www.advocatekhoj.com/library/bareacts/copyright/index.php?Title=Copyright%20Act,%201957

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

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 secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

Posted in IPR

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