Section 51 of Copyright Act- Copyright Infringement Law Suit

In this world millions of people create music, books, research etc. All the above creations are called as intellectual property. The creations of the people should be protected and it is protected by copyright. Now a day’s piracy has become so common, even in villages, many people will get pirated movies which should be stopped. Also internet has major role in imitating and distributing the protected material.

First let us know the definition of copyright.

In 1710 first copyright law came into force in England. Copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years to print, publish, perform, film or record literary, artistic, musical material. Copyright is a legal right which is existing in many countries.

Below are the works which can be protected by copyright

• Literary works

• Musical works

• Dramatic works

• Pictorial, graphic, sculptural works

• Sound recording etc

Below are the works which cannot be protected by copyright

• Ideas, methods and systems

• Facts

• Blank forms, titles

• Computing and measuring devices

The term of protection of copyright is 60 years which is counted from the year following the death of the author in case of original literary, musical, artistic and dramatic works.

Indian copyright law specifies permissible uses under sec 52 of copyright Act, 1957. These provisions enable the use of new copyrighted work for educational, scientific, cultural etc.

Copyright infringement

Infringement means unauthorized reproduction, importation or distribution either of the whole or any part of the work which is protected by copyright.

According to Sec 51 Copyright Act,1957 , copyright in a work is infringed when any person without license from the owner or registrar of copyright copies, publishes, record literary or perform films or any person sells or lets for hire or display or distribute or exhibits in public or imports to India any infringing copies.

Justice S. Murtaza Fazal Ali in R.G Anand v/s Deluxe films opined that infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright and therefore protected by law.

Modes of infringement of copyright according to Sec 51 Copyright Act

There are different modes of copyright infringement

• In case of book infringement, book is reproduced or sold by some other person other than the owner

• In case of artistic work, when a person telecasts live video or records the live performance without the copyright owner permission.

• In case of cinematographic work, infringement is done when the film is reproduced in video form or display the video through cable networks without the proper authorization from the owner of the film.

Infringement can be discussed under two categories in Sec 51 Copyright Act

1. Manual or traditional infringement

2. Electronic or non-traditional infringement

Manual or traditional mode of infringement is available since the introduction of copyright and related rights. This mode includes

• Literary works

• Sound recordings

• Cinematographic work

The electronic or non-traditional mode of infringement came into exist when the technology was developed. Electronic machines, digital technology and instruments are rapidly used to infringe the copyright as most of the countries do not have copyright infringement statute. This mode includes

• Software piracy

• Internet or online infringement

• Infringement in playing television channel – The exhibition of copyrighted work in a family or friends circle do not amount to infringement, but if this goes beyond this circle means if it exhibits in hotels etc it amounts to infringement.

Remedies for infringement

According to sec 51 copyright Act, 1957 below are the remedies for the infringement of copyright.

1. Civil remedies

2. Criminal remedies

3. Administrative remedies

Let us discuss one by one

Civil remedies

Under Section 54 to Section 62 of copyright Act, 1957 civil remedies are available. Civil remedies are classified into 2 types.

1. Preventive civil remedies

2. Compensatory civil remedies

Preventive civil remedies – Basically these types of remedies are preventive in nature which prohibits the wrong doer in doing wrong work. There are 2 types under preventive civil remedies

Anton pillar order – In this type, Court has inherent power to inspect the premises of the defendant upon application of the plaintiff. It is just authorization to inspect the premises as to stop the defendant in doing the work which is not authorized by law.

Injunction – The main remedy in infringement of copyright is injunction. It is just to safeguard the copyright rights of the owner.

Compensatory Civil remedies - This remedy includes damages, accounts of profit, and delivery of infringing copies. This remedy provides the compensation in the form of money to copyright holder for the financial loss caused to him due to infringement of copyright.

The copyright owner can claim for damages from wrong doer for his violated acts. Accounts of profits are taken against a defendant to recover the profit which he has made due to his wrong work. If any infringing copies are ceased from the person then that person has to deliver the infringing copies to the copyright owner.

Criminal remedies

Section 63 to Section 70 of Copyright Act, 1957 deals with criminal remedies.

If any person knowingly infringes the copyrights of the owner he is awarded in the form of punishment or fine. Punishment shall extend for the term of 3 years and fine may extend from fifty thousand to two lakh rupees.

Administrative remedies

There is one more remedy called administrative remedy which is also known a quasi judicial remedy available under copyright law.

The registrar of copyright can make an order upon the application made by the copyright owner. After conducting due inquiry the registrar of copyright can enter into any ship, dock, premises where any such copies may be found. Once the copies are seized then it shall not vest to government rather it will be handed over to the copyright owner.

Author: Harshal Joshi & Associate PriyamvadaSathaye