Copyright law in India - Pt. 2

Infringement

Parallel Import and infringement; Fair use provisions;

Piracy in internet; Aspects of copyright justice

Remedies, especially, the possibility of Anton pillar

injunctive relief in India.

 Infringement:

Infringement of copyright occurs when someone uses a protected work without the permission of the copyright owner. The Copyright Act, 1957, defines copyright infringement as the unauthorized use of a protected work, including reproducing, distributing, performing, or communicating the work to the public. Section 51 of the Act sets out the circumstances in which copyright infringement may occur.

Case Law Example:

In the case of Twentieth Century Fox Film Corporation vs. Dish TV India Limited, the Delhi High Court held that Dish TV's unauthorized transmission of copyrighted films to its subscribers amounted to copyright infringement. This case established the principle that the unauthorized transmission of copyrighted works to the public is a form of copyright infringement.

Parallel Import and Infringement:

Parallel import refers to the import of genuine goods that have been lawfully manufactured and sold in another country without the authorization of the copyright owner. The Copyright Act provides that parallel importation of copyrighted goods does not infringe the copyright in the work, as long as the goods were legally manufactured and sold in another country.

Fair Use Provisions:

The Copyright Act contains provisions for fair use, which permits the use of a copyrighted work for specific purposes, including criticism, comment, news reporting, teaching, scholarship, or research. Section 52 of the Act sets out the circumstances in which the fair use of a copyrighted work is permissible.

Case Law Example:

In the case of S. Ramanathan vs. T.R. Rajagopal, the Madras High Court held that the unauthorized use of a copyrighted photograph in a political advertisement was not protected under the fair use provisions of the Copyright Act. This case established the principle that the unauthorized use of a copyrighted work for political purposes is not protected under the fair use provisions of the Act.

Piracy in Internet:

Piracy in the internet refers to the unauthorized distribution of copyrighted works, including software, music, films, and books, through the internet. The Copyright Act provides for the protection of copyrighted works against piracy, including on the internet. Section 63 of the Act sets out the penalties for copyright piracy.

Aspects of Copyright Justice:

Copyright justice refers to the balance between the rights of copyright owners and the rights of the public to access and use protected works. The Copyright Act strives to achieve a balance between these two competing interests by providing for the protection of the rights of copyright owners, while also allowing for the fair use of protected works by the public.

Remedies:

The Copyright Act provides a range of remedies for copyright infringement, including injunctive relief, damages, and criminal penalties. Injunctive relief is a court order that prohibits the infringing party from continuing the infringing activity. Anton Pillar is a legal concept that allows a court to preserve evidence in a copyright case by granting a search and seizure order to the copyright owner.

Case Law Example:

In the case of M. Saravanan vs. T. Sengodan, the Madras High Court held that the plaintiff was entitled to an injunction against the defendant for infringing his copyright in a software program. This case established the principle that injunctive relief is an effective remedy for copyright infringement in India.

In conclusion, the Copyright Act provides comprehensive protection to the creators of original works, and ensures that they are compensated for any infringement of their rights. The Act contains provisions for fair use, as well as remedies for copyright infringement, including injunctive relief and damages. The Indian courts have interpreted the provisions of the Act in a manner that strikes a balance between the rights of copyright owners and the rights of the public.