In recent years, copyright infringement has become a serious problem. These days, people are more inclined to copy a work than to create it. Fortunately, the law protects against such infringements. Are you interested in finding out how? For more information, scroll down.
Copyright Infringement: What Is It?
Copyright infringement occurs when a person uses another’s work without a license granted by the original owner or the Registrar of Copyrights.
Plaintiffs who claim that the work has been infringed have the burden of proving the infringement; they can do so by showing that:
- Plaintiff’s work was accessible to the defendant
- There is a substantial similarity between the two works.
In court, the plaintiff must establish two elements:
- Copyrighted work ownership
- It is an original work.
How Can Infringement Be Remedied?
The remedies available to us in case of infringement are outlined in Section 55. There are two main categories of them:
- Remedy in civil court
- Remedies in criminal court
Infringement of Copyright | Civil Remedies
According to Section 55 of the Copyrights Act of 1950, there are five categories of copyright violations:
- Injunctions granted by statute
- Remedies based on money
- Order pertaining to Anton pillars
- Injunction against Mareva
- Order for Norwich Pharmacals
(1) Statutory Injunction
The injunction prohibits the person from using the copyrighted material in the future. Furthermore, the suit for injection (interlocutory) is filed by the owner of the work to prevent the use of the copyrighted work.
For an injunction to be granted, three basic requirements must be met:
- A prima facie case can be made
- Furthermore, the balance of convenience must be considered
- The plaintiff has been injured or has suffered damage
Upon establishing the above three requirements, the court will grant the plaintiff’s interlocutory injunction.
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Damages based on money
As well as seeking monetary and pecuniary damages from the defendant, the plaintiff can seek pecuniary or monetary relief. You can choose from three options:
- Unauthorized use of the work by the defendant should be claimed
- Damages compensatory
- Based on the work’s value, conversion damages are awarded.
(3) Anton Pillar Order
A famous case, Anton Pillar AG v. Manufacturing Processes, led to the introduction of this order into the system. This order was based on three elements
- An injunction prohibiting the defendant from destroying or using the work
- In addition, the plaintiff’s lawyer searched the premises
- The name of the work’s supplier should be disclosed.
(4) Mareva Injunction
The court will issue a Mareva injunction order if it believes the defendant might flee or escape from the country or state or try to delay or obstruct the court’s proceeding.
In order to satisfy the court’s decree, the court may order him to place part or all of the property in its custody.
(5) Norwich Pharmacal Order
When certain kinds of information need to be disclosed and the defendant refuses to disclose them, this order is usually issued.
Infringement of copyright – Criminal Remedies
Plaintiffs-owners of copyrighted works may pursue the following criminal remedies:
- A six-month prison sentence which may be extended to three years
- Fine- not less than ₹50,000 but not exceeding ₹2,00,000
- Confiscation of the goods, including the equipment used to create the infringing copies
- As a result, infringing copies of the work must be delivered to the plaintiff.
According to the facts and circumstances of the case, these are the remedies that the court can impose. It is important to note, however, that:
There are no remedies available to the owner of works relating to architecture in case of infringement. As a result, the owner of the work is not entitled to compensation
- Restraint of construction injunction
- Order for demolition
- Other remedies that may be available.
It is possible to file a declaratory suit against a person who has issued a circular or advertisement or threatened any other person with legal action if such person has issued a groundless threat of legal proceedings. In such a suit, the following can be obtained:
- Threats of this nature should be injuncted
- In the event that such threats result in damages, recover them as soon as possible.
It is as simple as contacting your lawyer, filing a lawsuit, and then sitting back and relaxing. You will receive appropriate remedies from the court.