Copyright Infringement in India 

Have you ever heard of someone downloading a movie for free or using a song without permission? That is called copyright infringement, which means using someone else’s creative work without their approval. In India, copyright laws exist to protect artists, writers, filmmakers, and musicians from losing their hard-earned work to piracy or unauthorised use. However, with the rise of the internet, copyright violations have become common.

In this article, we will explain copyright infringement in India, covering the laws, common issues, and how it can be prevented.

What is Copyright?

Copyright is a legal right given to creators of original work such as books, music, movies, artwork, and even software. It means that no one else can copy, distribute, or sell their work without permission. Copyright protects creativity and ensures that artists and businesses get credit and income from their work. 

Rights of a Copyright Owner

The author or publisher whose name appears on copies of a dramatic, literary, artistic, or musical work is presumed to be the author or copyright owner of the work. A copyright owner holds the following rights over their copyrighted material:

• Reproduce the work in public
• Publish the work
• Perform the work in public
• Translate the work into other languages
• Create a cinematograph film or a sound recording of the work
• Broadcast the work through various media
• Adapt the work into different formats
• Make copies of the work and distribute them
• Prevent unauthorised use of the copyrighted material by others

These rights help protect the originality and ownership of creative works while ensuring that the copyright holder maintains control over how their work is used.

Copyright Infringement in India

Copyright infringement in India occurs when someone uses a copyrighted work without the permission of the copyright holder, violating their exclusive rights to distribute, reproduce, perform, or display the content. Under the Copyright Act, 1957, unauthorised use—whether intentional or unintentional—is considered an infringement and can lead to legal consequences.

Types of Copyright Infringement

There are two main types of copyright infringement:

Copyright infringement is generally categorised into two types: primary infringement and secondary infringement.

• Primary infringement  
• Secondary infringement 

Primary Infringement

Primary infringement directly breaches copyright laws by violating the copyright holder’s exclusive rights. It includes unauthorised actions that interfere with core copyright protections. Key examples include:

• Unauthorised Reproduction: Copying, duplicating, or replicating copyrighted material without permission. For instance, if a competitor in India reproduces an SME’s software program without authorisation, it constitutes primary infringement.
• Unlawful Distribution: Distributing copyrighted content without authorisation, such as selling counterfeit DVDs of copyrighted films—a common issue faced by businesses in India.
• Unlicensed Public Performance: Publicly using copyrighted works without the necessary licenses. An example is an Indian restaurant playing copyrighted music without obtaining the appropriate licensing agreements.

Secondary infringement 

Secondary infringement occurs when individuals or entities indirectly contribute to copyright violations, either by facilitating infringement or benefiting from it. Examples include:

• Inducing Infringement: Encouraging or promoting copyright violations. For instance, an online platform in India that promotes the use of pirated software can be held liable for secondary infringement.
• Contributory Infringement: Knowingly providing tools, services, or platforms that enable copyright infringement. An Indian website that allows users to share copyrighted content without proper authorization is an example of contributory infringement.
• Vicarious Infringement: Benefiting from copyright violations conducted by others while having the ability to control them. If an Indian e-commerce platform knowingly permits vendors to sell counterfeit products and profits from these sales, it may be held responsible for vicarious infringement.

Types of Copyrightable Content

Businesses create and use various forms of original content, many of which are protected under copyright law. From branding materials to digital assets, copyright protection extends to a wide range of creative works. Here are key categories of copyrightable content in a business context:

• Literary Works: This includes business reports, brochures, presentations, product manuals, and website content. Any written material that is original and fixed in a tangible form is eligible for copyright protection.
• Artistic Works: Logos, graphics, illustrations, photographs, and packaging designs are essential branding elements that qualify for copyright protection, helping businesses safeguard their unique identity.
• Musical Works: Jingles, background music, and soundtracks used in marketing campaigns, advertisements, or promotional videos are protected as musical compositions.
• Software and Technology: Copyright applies to applications, databases, algorithms, website layouts, and source code, ensuring that businesses maintain control over their proprietary technology and digital assets.

Instances Where Copyright Infringement Occurs

According to the Copyright Act, 1957, copyright infringement in India occurs in the following instances:

• Unauthorised copying, selling, or distributing copyrighted work for commercial purposes, including online piracy.
• Distribution of infringing copies for personal or commercial gain.
• Public performance of a copyrighted work without permission.
• Importing infringing copies of copyrighted work into India.
• Public exhibition of infringing copies in a manner that harms the copyright owner.
• Reproducing a dramatic, literary, artistic, or musical work in any form other than a cinematograph film.
• Creating recordings that contain copyrighted sound recordings without authorisation.
• Copying or reproducing a copyrighted cinematographic film without permission.

These instances highlight the various ways in which copyright infringement can occur, leading to legal consequences for violators.

Examples of Copyright Infringement

• Downloading movies from unauthorised sources constitutes copyright infringement.
• Using a television serial clip in a YouTube video without permission or proper credit and publishing it amounts to copyright infringement.
• Using a song’s music as background music in another song without authorisation leads to copyright infringement.

These examples illustrate common violations of copyright law, emphasising the importance of obtaining proper permissions before using copyrighted content.

Acts That Do Not Constitute Copyright Infringement

Certain uses of copyrighted works are legally permitted without requiring the copyright owner's permission. In India, the following acts do not amount to copyright infringement:

Fair dealing with a work for purposes such as:

• Personal or private use, including research
• Review or criticism
• Reporting of current events, including public lectures

Adaptation or reproduction of a computer program by its lawful possessor for:

• Using the software as intended
• Creating backup copies for temporary protection against loss or damage

Reproduction and storage of works in specific situations, such as:

• Judicial proceedings
• Certified copies made or supplied under the law
• Works prepared by a Legislature’s Secretariat for members' exclusive use

Limited public performances and reproductions, including:

• Reading or reciting reasonable extracts from published literary or dramatic works
• Publishing short passages of copyrighted works in instructional materials
• Reproducing works as part of educational instruction, examinations, or answers
• Performing dramatic, literary, or musical works within an educational institution for students and staff
• Playing sound recordings or films in residential or non-profit club settings
• Amateur performances for religious institutions or non-paying audiences

Reproduction and publication allowances, such as:

• Articles on political, economic, religious, or social topics in newspapers or periodicals, unless reproduction rights are expressly reserved
• Copying for private study, research, or publishing unpublished works kept in libraries, museums, or other public institutions

Artistic and architectural exceptions, including:

• Publishing or displaying drawings, engravings, paintings, or photographs of architectural works
• Incorporating permanently situated public artworks in cinematograph films as an incidental or background element
• Creating three-dimensional industrial applications from two-dimensional artistic works
• Reconstructing buildings based on architectural designs

Elements of Copyright Infringement

To establish copyright infringement, the following key elements must be proven:

• Originality of the Copyrighted Work – The work in question must be an original creation of the author, meaning it reflects independent effort and creativity. Copyright protection does not extend to mere ideas but applies to the expression of those ideas in a tangible form.
• Unauthorised Copying – The infringing work must be derived from the original copyrighted material. This means the alleged infringer must have copied or reproduced substantial parts of the original work without permission.

Both elements must be satisfied to claim copyright infringement successfully. If an individual or business can prove originality and unauthorised copying, legal action can be taken to protect intellectual property rights.

Legal Remedies and Criminal Prosecution for Copyright Infringement

Copyright owners have the right to take legal action against individuals or entities that infringe upon their copyrighted works. They can seek remedies through civil and criminal proceedings.

Civil Remedies

• Injunction: A judicial order restraining the infringer from continuing the violation or mandating restoration to the original state.
• Damages: Compensation to restore the copyright owner’s financial position, determined based on:
  • Licensing fees that should have been paid.
  • Loss of reputation, profit, or sales.
  • Other business impacts.
• Accounts of Profits: The infringer may be required to disclose and surrender profits earned from the unauthorised use of the copyrighted work.

If the infringer proves they were unaware of the copyright status and had no reasonable grounds to believe the work was protected, the only available remedy is an injunction.

Criminal Prosecution

Copyright infringement may also lead to criminal liability under the Copyright Act, 1957, if the infringer knowingly violates or abets infringement.

Punishment for Offenders

• First-Time Offenders:
  • Imprisonment: Minimum of six months, extendable up to three years.
  • Fine: ₹50,000 to ₹2,00,000.
• Repeat Offenders:
  • Imprisonment: Minimum of one year, extendable up to three years.
  • Fine: ₹1,00,000 to ₹2,00,000.

A police officer of sub-inspector rank or above can seize infringing copies without a warrant if a copyright offence is suspected. The seized materials are then presented before a Magistrate for further action.

Both civil and criminal actions can be pursued in cases of copyright infringement. If the offence is committed by a company or LLP, both the entity and responsible individuals may be held liable.

How to Protect Your Creative Works from Copyright Infringement in India?

To safeguard your creative works from copyright infringement in India, follow these key steps:

• Register Your Copyright – File for copyright registration with the Copyright Office of India under the Copyright Act, 1957, to establish legal ownership.
• Use Copyright Notices – Clearly display copyright notices (e.g., © 2024 [Your Name/Company]) on your work to deter unauthorised use.
• Implement Digital Protection – Use watermarking, encryption, and Digital Rights Management (DRM) to secure digital content from unauthorised copying and distribution.
• Monitor for Infringement – Regularly check online platforms, e-commerce sites, and social media for potential copyright violations.
• Issue Legal Notices – If infringement occurs, send a cease-and-desist notice or take legal action under the Copyright Act, 1957.
• Use Takedown Mechanisms – File a DMCA (Digital Millennium Copyright Act) takedown request or report infringing content to online platforms for removal.
• License Your Work – Grant legal permission for usage through copyright licensing agreements to control how others use your content.

Conclusion

 To protect your creative work from unauthorized use and copyright infringement, it is essential to register your copyright under the Copyright Act, 1957. Copyright registration establishes legal ownership and makes it easier to take action against infringers. If you find someone using your work without permission, you can issue a legal notice or take appropriate legal action. Don’t wait until your work is misused—secure your rights today and safeguard your creativity!

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