Copyright is a right which the law gives to the creator or owner of any literary, dramatic, musical or artistic work and the work of producers in form of cinematograph films and sound recordings.
The owners of the copyright have certain exclusive rights which enable them to use their property without disturbance and to prevent the misuse of their property. Copyright comes with a bundle of rights that include rights of reproduction, communication to the public, adaptation, and translation of the work.
Under section 13 of the Copyright Act, 1957 copyright exists in the following works:
- 1. Literary work (including computer programs, tables, and compilations including computer literary databases)
- 2. Dramatic work
- 3. Musical work
- 4. Artistic work
- 5. Cinematograph films
- 6. Sound recordings
Importance of Copyright:
- • Protects the rights of the authors over their creations, thereby protecting and rewarding their creativity.
- • Creativity and progress go hand in hand, therefore, no civil society can exist without copyright protection and hence, the work of an author is protected.
- • It motivates the owner and others and induces them to create more and thereby creates an environment inclusive of creativity.
- • Strikes a balance between the rights of the owner as well as the society.
Rights of TRM Writer’s® LLP:
In respect of the work created and posted by TRM Writer’s® LLP, TRM Writer’s® LLP is entitled to the following rights
- • Produce the work in public
- • Publish the work
- • Perform the work in public
- • Translate the work
- • Make any cinematograph film or a record in respect of the work
- • Broadcast the work
- • Make an adaptation of the work
- • Make copies of the work and distribute the work
- • Make derivatives of the work
- • Prevent others from making unauthorized use of copyrighted work
The term of a copyright in case of literary, dramatic, musical or artistic works is the lifetime of the author plus fifty years while in case of cinematograph films, records, photographs, posthumous publication, works of Government and international agencies the term exists for fifty years from the date of publication. In case of broadcasting, copyright exists for twenty-five years from the year in which the broadcast was made.
Meaning of Copyright Infringement of TRM Writer’s® LLP:
Use of any copyrighted work without the permission of TRM Writer’s to copyright infringement. Infringement occurs when a person intentionally or unintentionally copies/uses the work ofTRM Writer’s without credit. Infringement is usually classified into two categories- primary infringement and secondary infringement.
Primary infringement is the actual act of copying, while secondary infringement includes unauthorized dealings like selling the copyrighted contents, importing etc. In the case of secondary infringement, knowledge of infringement is present with the infringer while in the case of primary infringement, knowledge may or may not be present.
When do you commit copyright infringement?
Copyright infringement occurs when you involve in any of the following acts:
- 1. Copying the copyrighted work for sale or hire without permission or authorization from TRM Writer’s® LLP, like in case of online piracy.
- 2. A copyrighted work is performed in a public place without permission or authorization from TRM Writer’s® LLP.
- 3. Infringing copies are distributed for the purpose of trade and personal gains.
- 4. Public exhibition of infringing copies by way of trade prejudicial to the owner.
What does not amount to infringement?
There are certain acts that do not amount to copyright infringement. However, there are some conditions that must be fulfilled ensure that copyright infringement has not occurred. These conditions include the use of a copyrighted work of TRM Writer’s® LLP for research, study, criticism, review, news reporting and use in a library, schools and legislation. Such uses of a copyrighted work of TRM Writer’s® LLP are permitted without the need to obtain the permission of TRM Writer’s® LLP.
Other acts that do not amount to copyright infringement in India are:
- 1. Connected judicial proceeding.
- 2. Performance by an amateur club or society, if the performance is in front of a non-paying audience.
- 3. Making sound recordings of literary, dramatic or musical works under certain conditions.
Actions against Copyright Infringement of TRM Writer’s® LLP work:
The key requirements to take an action against copyright infringement include:
When TRM Writer’s® LLP finds out that their work has been the subject matter of copyright violation, TRM Writer’s® LLP will send a legal notice for copyright infringement to the person or entity guilty of copyright violation. In case of online copyright infringement, a takedown notice may be sent to the person or company involved. TRM Writer’s® LLP can take several actions against copyright infringement under the civil and criminal laws. The available actions against copyright infringement in India are:
The civil actions against copyright infringement are given under Section 55 of the Copyright Act, 1957. Under a civil action against copyright infringement, the court can grant the following reliefs:
- 1. Interlocutory Injunction: It is the most important relief as it prevents the infringer from doing anything that amounts to copyright infringement.
- 2. Financial relief: Under Section 55 and Section 58 of the Copyright Act, the copyright owner can claim three remedies- profits which lets the owner get the profits made through an unlawful act, compensatory damages and conversion damages calculated according to the value of the infringing article.
- 3. Anton Pillar Order: It restrains the infringer from dealing in infringing goods or destroying them. It also allows the copyright owner and his lawyer to enter and search the premises of infringer and take goods into safe custody. Under this order, the infringer is required to disclose the names of all the suppliers and customers of infringing goods.
What happens if you infringe TRM Writer’s® LLP work?
Under the Copyright Act, 1957, criminal action against copyright infringement can also be taken. The person found guilty of copyright infringement would be liable for punishment for Imprisonment not less than 6 months and up to 3 years, or fine of at least Rs. 50,000 to Rs. 2 lakhs.
- • Under the criminal action against copyright infringement, a search and seizure of infringing goods may also be ordered by the court and the infringing goods may be delivered to the actual copyright owner.