infringement of copyrights

7/31/2019 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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infringement of copyrights

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