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What are the penalties for copyright infringement in India?

27-Mar-2025
Trademark & Copyright

Answer By law4u team

Copyright infringement in India is governed by the Copyright Act, 1957 and includes civil, criminal, and administrative penalties. The severity of the penalty depends on whether the infringement is commercial or non-commercial. 1. Civil Penalties Injunction: The court can issue an order to stop the infringing activity. Damages & Account of Profits: The infringer may be ordered to pay compensation based on the losses suffered by the copyright owner. Seizure of Infringing Goods: The court can order the seizure of pirated copies and related materials. 2. Criminal Penalties First Offense: Imprisonment of 6 months to 3 years Fine of Rs. 50,000 to Rs. 2,00,000 Subsequent Offenses: Imprisonment of 1 to 3 years Fine of Rs. 1,00,000 to Rs. 2,00,000 Enhanced Punishment for Repeat Infringers: Courts may impose higher penalties and longer imprisonment for habitual offenders. 3. Administrative Penalties Websites or online platforms hosting infringing content may be blocked by Indian authorities. The infringing party may be blacklisted from government contracts or business operations. 4. Exceptions & Fair Use Certain uses like research, private study, criticism, or review may be exempt under fair use provisions.

Answer By Anik

Civil Liability under the Copyright act which included injunction, damages and account of profit, seizure of the goods. Criminal Liability under the BNS, 2023.

Answer By Ayantika Mondal

Dear Client, The Indian Copyright Act, 1957 contains provisions for both civil remedies and criminal liabilities for copyright infringement. As per Section 63 of the Act, willful infringement is a cognizable offence punishable with imprisonment of six months to three years along with a fine that ranges between ₹ 50,000 and ₹ 200,000. Section 63A deals with the acceleration of sanctions for repeat offenders. Civil law remedies are provided under Section 55 of the Copyright Act, wherein the right holders can take steps such as seeking injunctions, either interim or permanent, requesting statutory compensation, or making requests for surrender of infringing copies, depending on the discretion of the court. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

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