Saturday, 29 January 2022

Infringement of copyright


Infringement of copyright is the process in which the illegal copies are made to the work for which the author has the right of copyright and produce. The owner of the copyright has the exclusive right to do all acts in the work for which he has got the copyright. In case any person does any act in the copyright work without the authority or consent from the owner of the copyright, then he is committing an act of infringement of the copyright in the said work. 

Types of Infringement

There are generally five types of infringement of copyrights. They are: 

  1. Copying and reproducing the work that was done by others. 

  2. Publishing others thought either in part or whole. 

  3. Establishing the idea to the public. 

  4. Performing this specific kind of work.

  5. Translating the book or work or making any adoptions without their consent. 

Conditions to prove infringement of copyright: 

The plaintiff must prove some conditions to prove that there is a copyright infringement. They are, there must be a close similarity between the original work and copied work, the defendant must have made an unlawful use of the work for which the plaintiff has got copyright, there should be some connection between the plaintiff’s copyright work and defendant’s copyright work. The defendant must have got access to the plaintiff’s work.  It should be any one of the above conditions.

Acts constituting Infringements: 

Section 51 of the Copyright act defines about the acts which are considered as the infringements. The cases are, when any person without license granted by the owner of the copyright or registrar of copyright or in contravention of the conditions of the license or of any condition imposed by a competent authority can do anything which only the owner of the copyright has the exclusive right to do, permits for profit any place for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, however, if such person was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright, then he has not committed infringement of the copyright. 

Also, when any person, makes for sale or hire or sells or lets for hire or by way of trade displays or offers for sale or hire or distributes for the purpose of trade or distributes so as to affect the owner of the copyright of by way of trade exhibits in public or imports into India, any infringing copies of the work. 

However, the import of one copy of any work for the private and domestic use of the importer does not constitute infringement of copyright. The term ‘infringing copy’ includes the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematography film. The reproduction of literary, dramatic, musical or artistic work in the form of cinema is also an act of infringement. There are certain acts, which do not constitute the infringement of copyright. We will see it in an another article. 

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