Copyright: Law of Copyrights and Infringement / A Presentation at NALSAR Hyderabad
Infringement of Copyrights
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Transcript of Infringement of Copyrights
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Meaning of copyright given under section 14
Works in which the copyright subsists-section
13 Section 14 also states that author is the first
owner of the creation
Section 21 states that author can relinquish
his right Section 30 states that author can grant
permission to publish his work
Section 44 provides registration of copyrights
Section 52 states that which acts do notcome under infringement
Section 63 states the punishment forinfringement of copyright
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Copyright grants the owner with:
Reproduction of the work Storing of the work in any medium
Publication of work
Performance of work in public.
These rights grant owner with monetarybenefits,but when this is robbed by someoneelse other than the owner it is calledINFRINGEMENT.
Copyright protects the work for a period of time
When the work is copied after that period thedefendant is free of infringement
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According to section 51,
Copying the work without consent from
owner , provided that the defendant is not
aware that such an act is infringement Sales/hires the copies of work
Distributes the work for trade or to affect
the owner
Exhibits the work in public.
An infringement can be easily identified if
its a casual connection ( direct & indirect
means)
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There cannot be any infringement when thedefendant has bestowed his hard work upon
the borrowed material revised and then
published
3 elements are required to proveinfringement
Substantial copying
Direct evidence of copying
Indirect evidence of copying
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Volume of material ( quantity as well as
quality ) may be of vital significance in a
work
If the defendant has done substantial copying
to save his labour
The extent to which owners and defendants
work are competing with each other
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Errors in defendants work as found in owners
work
Similarity in language / writing style
Copying with minor addition , omission oralterations
Similiarities may be due to co-incidence
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Novel by an author play ballet
this is an act of indirect copying
Infringement will be filed in the case even if
the defendant has not seen the original workbut borrowed the work from an intermediate
copy
CONSCIOUS ( copying with self knowledge)
UNCONSCIOUS(coincidal similarity)
SUB CONSCIOUS(does not aim to imitate the
work but have self knowledge about the
original work )
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REPRODUCTION : is copying the work from
original
In literary,dramatic work it is copying a hugeamount of work from the original work
In musical work it is copying all the bars of
music
REPROGRAPHY: reproduction by use ofmodern equipment
In literary work , documents , drawings
copied with xerox machines.
Tape recorders used for copying musical
work.
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Section 52 includes,
Reproduction of judicial proceedings,for use ofmembers of legislature,in accordance with law
Recitation of extracts of literary work in public
Text books publication for use in educationalinstitutions
Reproduction by student in answer paper
Making of sound recording ofliterary,dramatic,musical work if
1. Made with consent of the owner2. The person making the sound recoring makes
notice about it, publishes the covers in whichthey are to be sold
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Sound recording held in clubs/religiousinstitutions for non paying audience
Reproduction of a speech in newspaper ormagazine
Making of 3 copies of a lecture or a book forpublic library
Reproduction of unpublished work kept inlibrary for research purpose
Publishing of painting, sculpture permanentlypresent in a place
Using these sculptures as background formovies (location )
Reproduction of literary , dramatic, artisticwork for research purpose
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Dictionaries , directories , school text books:
Factual information available in these books
is similar to the original works
There is no infringement in this caseHistorical work:
the purpose of these books is to spread
knowledge
The contents in these books are not the mind
work of the work to claim copyright rather
they are universal facts
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Quotations :
they are words quoted by the speakers during
meetings, can be quoted by anyone without
infringement
When the author arranges his quotes and if they
are copied and imitated then it is a case ofinfringement
Students guide:
Purpose of a guide is to explain the text book
content in a lucid manner, it can have definitionsand other similarities as per the text book
If the guide aims to compete the text book then
it is a case of infringement
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Adaptation of musical work leading to remixof the music is not a case of infringement
The origin of the defendants music can besame as that of the plaintiffs work
Only if the entire bars of the music is copiedit is infringement
Performance in public affecting theproprietary rights of the owner is
infringementMusic played at factories to boost up the
workers , in record shops to increase profit isnot infringement
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3D--->2D or 2D--->3D 3D--->3D 2D--->2D is
infringement
Communication of work to the public is
infringement To issue copies to the public
To make use of the copies in movies
Adaptation of artistic work
Apaptation-> conversion of work into
dramatic work for performance in public
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How can it be found out?
Direct copying, indirect copying
Getting views from reader , spectator, viewer
may help Photograph:
Photo taken by a photographer cannot be
displayed in his shop
Eg:wedding photos
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Drawings:
Dimensional conversions are granted only to
the owner
It is not mandatory that the drawing shouldartistic quality to issue copyright
Architectural drawings:
Buildings constructed with drawings can be
reconstructed with same drawing
Copying the architecture of one building is
infringement
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Films on live events: ( sports, parliament
speech,any other political meeting)
These do not come under infringement
Video films: movies taken form on screenwith video cameras and broadcasted in
television is an act of infringement
Films based on other films:
Deciding infringement in a film is not basedon plot
Usually they differ in location,set,songs
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CINEMATOGRAPH FILM ON STAGE PLAY
The original expression of thought
/informaion is protected in the owners sideWhen the movie is just an imitation of the
original ,infringement can be filed
But in case if the similarities are coincidal
there is no infringement As movies have much broader
perspective,wide field,bigger background,it
is difficult to identify the similarities
Single frame shot from a film:
Taking photograph of a scene from the movie
and enlarging it as a poster and publisizing it
is an act of infringement
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Kinds of remedies:
Civil remedies:
Injunction
Damage to monetary reward Account of profit
Criminal remedies:
Imprisonment Imposition of fine
Administrative remedies:
Ban import of infringing copies to india
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Kinds of civil remedies to which a plaintiff in
entitled:
Anton pillar orderPermitting the plaintiff to inspect the
documents ,files of the defendant which would
provide more evidence
Interlocutory injunctionsecures copyright from an existing
infringement /continuing infringement
Damages on account of profile
the plaintiff suffers from the infringement ,and from the conversion of his work to another.
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