Copyright Violation

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. This blog will talk about how it is harmful, types of copyright vitiation, remedies available for it as well as the penalties faced by the copyright infringer, Copyright is an intellectual property right-handed to the proprietor of any works of cultural expression which may be in the form of literature, drama or music. This right protects the possessors of the brand from the threat of their work being appropriated and their exclusive rights from being vitiated.

Copyright violation refers to when an unauthorized user infringes the original work of another individual. However, it’s within your rights to file a suit against such a reality, if someone is making a profit by selling/ trading your work.

WHY IS BRAND VIOLATION DANGEROUS?

1. It takes down the ingenuity of a creation-A work of art and portrays an individual’s passion and emotion towards a particular incident person or thing. You may imitate the content of the work, but won’t be able to copy the sentiment with which it was made, nor its authenticity. Brand violation with just an end of earning a profit tarnishes the very purpose with which the composition was made.
2. Leads to loss-The profit that should have been possessed by the due proprietor, is received by the infringer. The failing of income faced by the creator of the work is blatantly enjoyed by the vitiator. Therefore, the work good of recognition and substance is not the subject of the same.
3. Puts a mark on the goodwill of the separate reality-The reputation you carry along with your work brings in a generous quantum of profit. Hence, if a foreign enterprise swipes down the credit for what the original work should have been the subject of, it directs the odds in its favor. This leads to the misperceiving of goodwill by an unauthorized user.
4. Creates confusion amongst the public– Copyright violation misguides the customer into buying the product from spurious sources. They are deceived into deriving said products from contingent sources and hence wrong information is spread amongst people.
5. Decreases competition in the market– Since the unauthorized work is being utilized by the public rather than the original work, the renown and the opportunity to raise profit margin are jeopardized. This leads to the reduction of competition in the market.

TYPES OF COPYRIGHT VIOLATION

1. Primary Violation-Primary brand violation refers to the act of factual copying of the work of the original creator.

In Eastern Book Company and Ors. Vs D.B. Modak and Ors. on 12 December, 2007 the petitioners’ publication ‘Supreme Court Cases’ was subject to brand violation by the defendants who had come up with a software ‘Grand Jurix’ which comported of the exact dupe-edited performances of the supreme court judgments. The petitioners won the case, granting them exclusive rights to their content and barring others from using it.

2. Secondary Violation-Secondary Violation refers to other styles of constituting said violation other than copying. They can be as follows-

• allowing for-profit any position to be utilized for public communication of the infringed work
• selling or trading the clones of the infringed work
• distributing the clones of the infringed work for marketable purposes or in such a way as to harm the brand proprietor
• By organizing trade shows in public
• Importing any clones of the infringed work to the public

REMEDIES FOR COPYRIGHT VIOLATION

The work of an existent is within the availability of the general public to substantiation and therefore is in great pitfall to be a subject of similar reproduction and misapprehension. Thus, there arises a great significance to guarding the interests of these parties. The Brand act which came into effect in 1957 serves the forenamed end.

CIVIL REMEDIES

Under section 55 of the Copyright Act 1957, the brand holder is entitled to remedies similar as injunctions, damages, accounts, etc.

These injunctions comprise of:

1. Interlocutory instruction-An interlocutory injunction is a court order that forces or prevents a party from performing particular effects while the case is being resolved. It’s made during the proceeding of the trial.
2. Mareva Injunction-The Mareva Injunction prevents the defendant from disposing of assets that may be demanded to satisfy the complainants by withdrawing similar means from the court’s governance.
3. Anton Pillar Injunction-It’s an instruction that enables the complainant to enter the demesne of the defendant and make an inspection of any infringing documents which may be destroyed and get their clones.
4. Norwich Pharmacal Order-This order forces the third parties to give information or documents applicable to the issue at hand.
5. Damages– Refers to the reparation of any loss suffered by the complainant in terms of financial compensation.
6. Accounts-A profit account that allows the proprietor to recover the quantum of plutocrat gained by illegal exertion.

CRIMINAL REMEDIES

Copyright violation is both a non-cognizable as well as a cognizable offense which alludes to the fact that a person may face criminal as well as civil charges.

Section 55 of the Company Act 1957 states that if any act of copyright violation is occurred by a certain individual:

Shall be punished by imprisonment for not less than six months but not more than three years, as well as a fine of not less than fifty thousand rupees but not more than two lakh rupees.

It has also been mentioned that if the copyright hasn’t been infringed for commercial purposes, the court as may deem necessary should with adequate and special reasons in the judgment shall give the punishment of imprisonment till 6 months or a fine up to Rs. 50,000.

Conclusion– Copyright infringement is damaging to various aspects of the firm and thus a careful attitude should be possessed by the copyright holder so that such an action does not occur. There are various ways in which copyright can be violated, thus the appropriate remedies must be considered to make avail of and all preventative steps should be taken before the public broadcast of any work.

Author: Gurveen Kaur – a intern at  IP And Legal Filings, in case of any queries please write back us via email at support@ipandlegalfilings.com.