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Infringement of copyright

Anant Pratap Singh, Intellectual Property Rights-1, DSMNRU, 2017

Dr. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY

LUCKNOW

SYNOPSIS ON

INFRINGMENT OF COPYRIGHT

(UNDER THE SUPERVISION Of SHAIL SHAKYA SIR)

AN ASSIGNMENT FOR IPR-1

SUBMITTED TO: SUBMITTED BY

Shail Shakya sir Anant Pratap Singh

Assistant Professor, B.COM LL.B 5 TH SEM.

DSMNRU DSMNRU
Infringement of copyright

CONTENT

SR. NO. TOPIC


INTRODUCTION TO THE TOPIC:
 Copyright, infringement
1.  Right of owner
 Remedies

ANALYSIS OF ARTICLES:
2.

 Copyright in India Overview


Article 1
Article 2  Infringement

 Remedies to infringement
Article 3
.

3. CONCLUSION

4. REFERENCES
Infringement of copyright

1Introduction-
Part of the introduction taken from the ipr 1 (V K Ahuja), the meaning of the design is defined
in the Designs Act 2000. In Design Act, the design is protected through given procedure and
rights are given to proprietor. Thus, the design act gives a copyright to the owner of the design.
Copyright is a kind of intellectual property the importance of which has increased enormously in
this era of modernisation where rapid changes are taking place in the field of printing,
entertainment, film, media and music and computer industries. It means the exclusive right to do
or authorize others to do certain acts in relation to:

Literary, dramatic, musical and artistic works;


Cinematograph films;
Sound recordings.
As an intellectual property right, copyright has a great advantage that it arises automatically. It
comes into existence as soon as the work is created. There is no registration form or fee.It is
noteworthy that there are strict limits to the protection copyright affords. Unlike a patent,
copyright is not a true monopoly. It does not protect the idea as such. What copyright protects is
the form in which the work is expressed.

2 .INTERNATIONAL CONVENTIONS DEALINGS WITH COPYRIGHT


INFRINGEMET

There is no such thing as “international copyright” that will automatically protect an author’s
writing throughout the entire world. Protection against unauthorized use in a particular country
depends, basically, on national laws of the country. However, most countries do offer protection
to foreign works under certain conditions, and these conditions have been greatly simplified by
international treaties and conventions1. As the worldwide economy and international trade has
grown, it has become crucial that copyright property be protected on international basis poses
substantial problems because each country operates independently with its own laws. There is no
such thing as an international copyright law that would provide copyright protection on world
basis. Instead most countries have their own copyright laws, which are not applicable outside of
their borders. The US copyright Act, for instance has no effect outsides of their borders of the
US. If a work copyrighted under US copyright law is infringed in another country, the US has no
jurisdiction over that infringement.
Infringement of copyright

3. INFRINGEMENT OF COPYRIGHT IN INDIA


Copyright law confers upon the owner of the work a bundle of rights in respect of reproduction
of the work and the other acts which enables the owner to get financial benefits by exercising
such rights. If any of these rights relating to the work is carried out by a person other than the
owner without the license of the owner or a competent authority under the act, it constitutes
infringement of copyright in the work. Since copyright is granted for a limited period, there will
be no infringement if the reproductions of the work or other acts concerned are carried out after
the term of the copyright has expired. The exclusive rights conferred on the owner depends on
the nature of the work in which copyright subsists. Accordingly the type of acts which will
constitute infringement will also depend on the nature of work. Section 51 defines infringement
of copyright generally. Section 52 defines a long list of acts which do not constitute infringement
of copyright. These are in nature of exceptions to the exclusive rights conferred up on the
copyright owner. They also serve as defences in an action for infringement of copyright

4. Rights of Copyright Owner

The Copyright owner is authorized to do the following:

1. To produce the work in a material form


2. To publish the work
3. To perform work in public
4. To produce, reproduce, perform or publish any translation of the work
5. To make any cinematograph film, or a record in respect of the work
6. To communicate the work by broadcast by radio, cable or satellite
7. To make any adaptation of the work
8. To do in relation to a translation or any adaptation of the work

5. INDIAN PERSPECTIVE OF FAIR DEALING UNDER COPYRIGHT


LAW

The doctrine of fair use or fair dealing is an integral part of copyright law. It permits
reproduction of the copyrighted work or use in a manner, which but for the exception carved out
Infringement of copyright

would have amounted to infringement of copyright. It has, thus, kept out the mischief of the
copyright law. The defence of fair dealing originated as an equitable doctrine allowing certain
uses of literary works that copyright would otherwise have prohibited, if prohibiting such uses
would stifle the very creativity which that law is designated to foster. Fair dealing also serves as
an answer to those “fair” copyright proponents who actively argue that copyright, not being a
patent, is not an absolute right and should therefore be balance against user rights. Indeed the fair
dealing doctrine is “a key part of the social bargain at the heart of the copyright law, in which as
a society we concede certain limited individual property rights to ensure the benefits of creativity
to a living culture”. .

6. REMEDIES
The remedies for copyright infringement are:
a) Civil

b) Criminal, and

c) Administrative

It is only the first two remedies, namely civil and criminal, which are of any real practical
importance.

7. CONCLUSION
A copyright infringement case should be approached as if it were a jigsaw puzzle. Your case’s
factual, statutory, court-created and practically necessary puzzle pieces should be identified,
addressed, and related to each other sooner rather than later. Plaintiff’s case can be successful if
the pieces fit, but a shambles if one does not. Fair dealing is an important concept in Indian
Copyright law. However, despite its importance in the copyright regime and the importance in
the copyright regime to advancement of technology, the concept remains unexplored in India.
Infringement of copyright

Copyright litigation is even more expensive than expensive garden-variety litigation. While
turning a blind eye to infringement is infuriating, filing a copyright infringement suit without
enough money in the bank can be a negative-yield activity.

CASES-

 Anton Pillar AG V. Manufacturing Processes [1976)


 Donaldson V. Beckett, 1774

BIBLIOGRAPHY

BOOKS

 V K Ahuja 2013, Law relating to Intellectual Property Rights.


 S Venkatraman 2010 Understanding Design Act