What constitutes copyright infringement in India?

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Answer By law4u team

Copyright Infringement in India Copyright infringement occurs when someone uses, copies, distributes, or reproduces a copyrighted work without the permission of the owner, violating the Copyright Act, 1957. 1. Acts That Constitute Copyright Infringement A person infringes copyright if they do any of the following without authorization: Reproduce the work (copying a book, music, film, or software). Distribute copies (selling or sharing pirated copies). Perform the work publicly (screening a movie without a license). Adapt or translate the work (modifying a novel into a film without rights). Broadcast or communicate the work (uploading copyrighted material online). Digitally store or distribute (hosting copyrighted content on a website without permission). Even temporary storage of copyrighted content (like downloading pirated movies or songs) can be considered infringement. 2. Types of Copyright Infringement Direct Infringement: Occurs when a person directly copies or distributes copyrighted work without permission. Example: Selling unauthorized copies of books, movies, or music. Indirect (Secondary) Infringement: Involves helping others infringe copyright. Example: Running a website that hosts pirated content or selling devices loaded with pirated software. 3. Exceptions to Infringement (Fair Use/Dealing) Certain uses of copyrighted material do not amount to infringement under Section 52 of the Copyright Act, 1957. These include: Private use and research (reading a book for personal study). Criticism or review (quoting a book in a critique). Reporting current events (using copyrighted images in news reports). Educational purposes (teachers using portions of a book in class). However, excessive copying beyond reasonable limits can still be infringement. 4. Legal Remedies for Copyright Owners A copyright owner can take civil and criminal action against infringement: Civil Remedies (Sections 55-62 of the Copyright Act) Injunction (Stay Order): To stop further unauthorized use. Damages or Compensation: To recover financial losses. Seizure of Infringing Goods: Court can order the removal of pirated copies. Criminal Penalties (Section 63 of the Copyright Act) Imprisonment: 6 months to 3 years. Fine: ₹50,000 to ₹2,00,000. Seizure and destruction of pirated materials. The police can seize infringing materials without prior court approval. 5. Online Copyright Infringement & Digital Piracy Uploading or downloading pirated content (movies, songs, books) violates copyright law. The Information Technology (IT) Act, 2000, allows website blocking for piracy. Websites hosting copyrighted material without authorization can be taken down under a DMCA notice. Conclusion Using copyrighted work without permission amounts to copyright infringement, whether by copying, distributing, or adapting it. Legal actions include civil suits, damages, and even criminal penalties. However, limited use under fair dealing is allowed for education, research, and criticism.

Answer By Ayantika Mondal

Cpyright infringement occurs when a person uses a copyrighted work without the permission of the owner and it results in violation of the Copyright Act of 1957. It includes: Unauthorized Reproduction – If someone reproduces a copyrighted work such as literary, artistic, musical or cinematographic without permission. Unauthorized Distribution – Selling, renting, or distributing copyrighted material without the copyright consent of owner. Public Performance without Permission – Playing a copyrighted song, movie, or drama in public without a license. Adaptation or Translation without Consent – Making unauthorized adaptations or translations of copyrighted work. Publishing Copyrighted Work under One’s Name – Claiming someone else’s work as our own plagiarism. Broadcasting without Authorization – Transmitting copyrighted work on TV, radio, or digital platforms without permission. Circumventing Copyright Protection Measures – Using technology to bypass security measures protecting copyrighted content. Exceptions Fair Use - Section 52 Some uses do not constitute infringement, such as: Personal or academic use limited copies for research, review, or criticism. Reporting current events using copyrighted work. Parody, satire, or commentary. Legal Consequences Civil remedies: Injunction, damages, seizure of infringing copies. Criminal penalties: Imprisonment up to 3 years andor fine up to ₹2 lakh under Section 63 of the Copyright Act.

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