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COPYRIGHT INFRINGEMENT

Copyright infringement is the unauthorized use of copyrighted material, violating the exclusive rights of the copyright owner. It results in the infringement of certain rights of the copyright holder, such as the right to distribute, reproduce, perform or display the protected work.

WHAT IS COPYRIGHT

Copyright is a legal protection granted to creators of original works, giving them exclusive rights to reproduce, distribute, and display their work, as well as create derivative works. This protection exists automatically as soon as the work is created and fixed in a tangible medium.

WORKS PROTECTED UNDER COPYRIGHT

  1. Literary works (books, articles, poetry)
  2. Musical compositions
  3. Artistic works (paintings, sculptures, photographs)
  4. Cinematographic films
  5. Sound recordings
  6. Software and digital works
  7. Dramatic works (plays, scripts)

TYPES OF COPYRIGHT INFRINGEMENT

  1. Direct Infringement: Direct copying or reproduction of copyrighted work.
  2. Indirect Infringement: Contributing to or facilitating infringement (e.g., file-sharing).
  3. Vicarious Infringement: Liability for infringement by another party (e.g., employee).
  4. Contributory Infringement: Knowing contribution to infringement.

EXAMPLES OF COPYRIGHT INFRINGEMENT

  1. Music piracy (downloading/uploading copyrighted music)
  2. Movie piracy (streaming/downloading copyrighted films)
  3. Software piracy (unauthorized software copying)
  4. Literary plagiarism (passing off someone’s writing as own)
  5. Image theft (using copyrighted images without permission)
  6. Video game piracy (copying/distributing copyrighted games)

CONSEQUENCES OF COPYRIGHT INFRINGEMENT

  1. Civil lawsuits
  2. Monetary damages.
  3. Injunctions (stopping infringement)
  4. Criminal prosecution (felony charges, imprisonment)
  5. Reputation damage

COPYRIGHT PROTECTION

  1. Registration of the copyright.
  2. Public notice after registration of the copyright to prevent others from using the copyright work.
  3. Constant monitoring of the copyright work to prevent unauthorized use by others.
  4. Issuing notice to party who indulges in copyright.
  5. Taking prompt action against the copyright violators.

CONCLUSION

In the world of creative expression, copyright is a tool for protecting the intellectual property rights of the creator. Artistic work, book, music, film, photograph etc. needs protection if the creator wants to protect its work. Copyright registration ensure that creators have control over their works and at the same time reap the benefits of their creative endeavours. For work to be protected under copyright law, it must be tangible and original. Copyright law is designed to protect the creators of original work. Their copyrighted work cannot be used or duplicated without their permission.

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FAQs on Copyright Infringement

It is a form of Intellectual Property that protects the original literary, artistic, musical, dramatic, sound recordings, cinematographic, computer program works.

Copyright of a work can be obtained as per the procedure mentioned in Copyright Act, 1957.

Yes, if the work is created by more than one person.

The term of copyright varies, depending on the type of work.

The fee prescribed for copyright is given in second schedule of the Copyright Rules, 2013.

Ideas, methods, systems, making or building things, business procedures, mathematical principles, formulas or any other concept, process, or method of operation.

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