How would you react if someone stole a piece of music or a book that you spent a lot of time writing with out authorization? Will you let them utilize it? Or are you going to look for ways to recover your losses for that copyright violation? What are remedies available to the owner of copyright work? Today, copyright infringement is a significant problem, and these questions arise in the mind of every person who works in the field of intellectual property rights.
An individual is said to have violated someone else’s intellectual property when they use their work without permission from the creator or owner of copyright. Infringers of copyright may be liable to both civil and criminal remedies.
What is copyright infringement?
Copyright infringement is when a third person or a party violates the rights granted to the copyright owner, such as the right to use a work for a specified time.
Many different types of documents used in commerce, science, entertainment, the arts, and other fields are covered by copyright law. It can be just as crucial for the author of a work as for those asking for access to safeguard original work from theft or misuse by third parties and to know what defines copyright infringement.
Rights of Copyright Owners
The holder of copyrighted work has some legal rights under Copyright Act to regulate the way it is utilized. The rights vary depending on the kind of work that is protected. It offers the following two types of copyright protection:
Economic rights, and
Moral rights
Rights of Copyright Owner:-
The right to reproduce Any form of replication of the copyright-protected work is permitted under this right, which belongs to the individual with the copyright.
Distribution Rights Copyright owners are free to share their works however they see suitable. The owner may also assign all or a portion of the rights to others while keeping other rights for themselves.
Right to create new works The copyright holder can exploit his creation in various contexts, such as translation or modification. Several rights of the holder may also be in danger in these circumstances, such as the right to honesty, which guards the owner against the change of his creation in a way that would damage his reputation.
Right to Perform Publicly The copyright holder is entitled to present his works publicly, and this involves the owner’s right to grant online public access to his creation. It gives the owner more control over how people can see his work.
Right to Sustain Authors and artists are usually the only ones who are permitted this right. It enables the creators to collect a portion of any following sales. Artists can also exercise this right while selling their work again.
Private copying It is an exemption to the holder’s obtained reproduction rights. This right allows anybody to make copies of a copyright-secured product as long as it can be shown that the copies are being made only for academic purposes and without ulterior motives.
What are Remedies Available to the Owner of Copyright Work?
There are 3 different forms of remedies for copyright infringement.
Civil
Criminal, and
Administrative
Civil Remedies
There are 2 types of civil remedies.
Preventive
Compensatory
1: Preventive Remedies
Interlocutory Injunction A person may apply for an interlocutory injunction while the case is still being heard or until further orders are made to obtain immediate relief from a threatening violation or continuing infringement.
Permanent Injunction In most cases, the court may award a permanent injunction to stop further violations if the plaintiff successfully proves copyright infringement at trial. This restraining order will only be in effect for the remaining copyright period.
Anton Pillar Order This order is derived from the case Anton Pillar AG v. Manufacturing; this order was added to the act. The court specified three components in this order.
Prohibition against the defendant deleting or utilising the work
Furthermore, the plaintiff’s advocate investigate the location
The identification of the work’s supplier.
Mareva Injunction The court may issue a Mareva order against the accused if it believes the defendant may attempt to hide or escape the nation or state or postpone or hinder the court’s proceedings.
2: Compensatory Remedies
Account of Profit An individual is free to choose between damages and a profit account and is not required to get both a profit and damages. An account is required because the person should not be allowed to benefit himself, and he should return any profits he may have made from wrongdoing that violated the copyright holder’s rights.
Criminal Remedies
The Copyright Act of 1957 provides the following measures for infringement:
Up to three years in jail but no less than six months
The maximum fine is rs.2,00,000, but it cannot be less than rs.50,000.
Searching for and confiscating violative goods
transfer of violative goods to the holder of the copyright
Administrative Remedies
When an infringement arises through such importing, administrative remedies involve asking the office of the Registrar of Copyrights to restrict the entry of violative copies into India as well as delivering seized infringing copies to the copyright holder and requesting a return.
Is There a Time Limit for Seeking Remedies?
3 years after the date of the infringement is the deadline for filing a lawsuit seeking damages for copyright infringement.
However, each infringement creates a continuing reason for action, giving rise to a new deadline for bringing a claim.
Conclusion
Protecting the author’s rights and providing financial incentives are the two main goals of copyright.
An individual who violates the copyright of another person’s work is subject to both civil and criminal consequences. However, a person may not need the copyright holder’s consent to use his work. Therefore, it is good to create unique content rather than unauthorized use of another person’s copyrighted work.
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