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Infringement of Copyright


Infringement

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According to section 51 of the copyright law, infringement occurs when certain actions are undertaken without proper authorization, thus encroaching upon the exclusive rights granted to the copyright owner. These actions include:


Unauthorised Activities


  • Doing Anything Exclusive to Copyright Owners: Engaging in activities solely reserved for copyright owners without proper authorization.


  • Permitting Profitable Public Communication: Allowing a place to be used for profit where copyrighted work is communicated to the public without authorization, unless unawareness can be proven.


  • Dealing with Infringing Copies: Making, selling, hiring, displaying, offering for sale, or distributing copies of a work without authorization, to the detriment of the copyright owner.


  • Importing Infringing Copies: Bringing copies into India without permission, except for private and domestic use, infringes copyright.

 
 

Cinematograph Films and Infringing Copies


Reproducing literary, dramatic, musical, or artistic works as cinematograph films without consent constitutes infringement. Additionally, any reproduction or importation contravening the Act is deemed an infringing copy.



Adaptations and Publishing


Making adaptations of copyrighted works without consent and publishing an author's work under another's name are both instances of copyright infringement.



Burden of Proof and Determining Infringement


  • Burden of Proof: The burden of proving copyright infringement lies with the plaintiff.


  • Assessment of Infringement: Whether a work is a colorable imitation and the degree of resemblance are determined by the impact on the observer. Even unintentional copying constitutes infringement if similarities are present.


  • Original Expression: Copyright protection extends only to the original expression of ideas, not the ideas themselves. Therefore, the test for infringement focuses on originality.



Importation and Cybercrimes


Importing copyrighted works into India without authorization for sale, distribution, or trade, even if lawfully published elsewhere, constitutes infringement. The interpretation of 'import' includes bringing into India for commercial purposes or transit.



In the realm of cybercrimes, Indian courts assert jurisdiction over activities like cybersquatting, extending to content available on the internet.

 
 


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