Copyright Infringement: What You Need to Know
Introduction
Copyright infringement is now a common problem in the modern digital era, as material may be freely shared online. It is essential to comprehend the foundations of copyright infringement whether you are a consumer, a content provider, or a business owner. This blog post will discuss copyright infringement, its effects, and how to prevent it.
Meaning of Copyright
Copyright is a legal safeguard that provides exclusive rights to reproduce, distribute, and exhibit original works to their creators. This can be applied to visual art, music, movies, software, and literary works. Owners of copyrights have the right to decide how their work is used and can utilize licenses to give other people permission.
Copyright Infringement?
When someone makes use of, copies, or distributes legally protected content without the owner's consent, it is considered a copyright violation. This can take many different forms, such as exploiting copyrighted imagery in commercial advertisements without authorization or stealing material from a book without giving credit.
Consequences of Copyright Infringement
1. Anyone infringing copyright may also suffer significant damage to their reputation. This can have long-lasting effects on their credibility and trustworthiness.
2. For content creators, copyright infringement can lead to a loss of income as their work is used without compensation. This can discourage creativity and innovation.
How to Avoid Copyright Infringement?
Understand Fair Use: Become familiar with the idea of "fair use." In certain circumstances, utilizing protected content for editorial reasons, news reporting, or educational endeavors may qualify as fair use and not violate the owner's rights.
Obtain Permission: If you want to use someone else's copyrighted material, seek permission from the copyright owner. This may require obtaining a license, paying royalties, or adhering to specific terms and conditions.
Create Original Content: Always avoid copyright infringement is to create your own original content. It will eliminate the risk of infringement and also allows you to assert copyright protection over your own work.
Copyright infringement penalties in India are governed by the Copyright Act, 1957, which provides for both civil and criminal remedies for copyright violations.
Civil Remedies:
Injunction order and damages can be demanded by aggrieved party in civil court for copyright Infringement, and other party has to pay back all the profits earned to aggrieved party on the court order. Other than this copyright act allows for statutory damages , which can range from Rs. 50,000 to Rs. 2,00,000 ( update in September 2021)
Criminal Remedies:
1. In cases of criminal copyright infringement, the perpetrator may face a sentence of up to three years in jail. For repeat offenses, the sentence may be increased to 3 to 7 years.
2. The court has the authority to impose fines between Rs. 50,000 to Rs. 2,00,000.
3. Infringing copies of works protected by copyright can be seized, along with the tools and supplies used to make them.
4. The court has the authority to mandate the destruction of copies that have been distributed in violation.
5. Seizure and search operations can be carried out by law enforcement officials to take illegal copies and associated materials.
Conclusion
Additionally India has also ratified international agreements like the Berne Convention, which offers protection to works of foreign personnel. Copyright infringement is a serious matter with potentially severe consequences. Whether you're a content creator or consumer, it's essential to be aware of copyright laws and adhere to them.
CS Poonam Tomar Yadav
Assistant Professor,
Jaipur, Rajasthan, India