Copyright Infringement: Secure your Creation

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Copyright infringement (Section 51 of the Copyright Act), mainly occurs when someone uses or sells a creative work without getting permission from the creator. This unauthorised use can be anything such as - copying, displaying, performing the work or distributing it without proper licencing. This can cause the copyright holder to lose potential income as well as their reputation. It can also lead to legal action being taken against the violator.

Therefore, it is crucial to get a better understanding of copyright and its laws for creators or innovators that aid in securing their rights and creations from infringement. In this article, we will learn all about Copyright, types, copyright infringement and the complaint procedure.

For expert professional advice, you can connect with “Litem Legalis” who have years of expertise in dealing with IPR matters expertly.

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Overview

Copyright:

Copyright is a legal term that refers to the exclusive rights granted to the creator or owner of an original work. It is a form of intellectual property protection that grants the creator the exclusive right to reproduce, distribute, display, perform, and modify their work.

Types of Copyright:

Here are some main types of work that are eligible for copyright:

1. Literary work
2. Artistic work
3. Sound recordings
4. Cinematography
5. Dramatic work

Copyright Registration:

Copyright Registration is a legal procedure for protecting a person's innovation or original work. Indian Copyright Act 1957, permits to prevention of any creative work through Copyright Registration. The Copyright also provides many exclusive rights and serves as legal proof of ownership.

Why is it Important:

Copyright is very important, it aids in protecting the idea of a creator, artist or writer. It helps them generate money from their work and offers them a choice over how it is used. It also prevents others from exploiting their work without their consent. Additionally, it helps to ensure that the original work is not altered or modified in any way.

What is Copyright Infringement?

Copyright infringement is an illegal activity where someone uses or sells the creation of others without their concern. It includes copying, sharing or using the work without proper permission. Using someone else's artwork in a commercial activity without their permission is one kind of infringement, as is copying a book or sharing a song online. It is an infringement on the rights of the inventor and may result in fines or other legal penalties, such as a lawsuit for damages.

Complaint Procedure for Copyright Infringement

The procedure of Complaint filing for Copyright Infringement is as follows:

Step 1: Gather Evidence of Infringement

At the very initial stage, the creator must gather evidence of copyright infringement, which includes copies of copyrighted work, screenshots, records or recordings of the infringing material and others. The creator can also collect other relevant documents that provide proof of ownership and the unauthorised use of their work. This evidence helps to strengthen the case by clarifying and demonstrating the infringement and the rights of copyright holders.

Step 2: Seek Professional Help

Seeking professional guidance with an expert attorney is crucial for copyright infringement cases. Litem Legalis guides you through comprehensive legal procedures, assessing the merits of your case and offering legal strategies. Our aim is to protect your rights, increasing your chance of obtaining a favourable outcome. In addition, we provide insights into potential damages and remedies available under copyright law. The expertise we provide will enable you to make informed decisions and navigate the legal landscape effectively, ultimately protecting your intellectual property.

Step 3: Cease & Desist Notice

Before proceeding with legal procedure, it is more advisable to send a cease and desist notice to the infringer. A cease and desist notice informs the recipient about outlawed activities that violate the intellectual property of a legal authority.

There must be no threatening language in the letter. A comprehensive list should include all issues that could harm the reputation of the applicant brand. This serves as a warning and demands to immediately stop the misuse of the other's rights.

Step 4: Court Proceeding

Even after sending the cease and desist notice, if the infringer continues to use or sell the creation, the creator may choose to initiate with Court proceeding. This procedure involves filing a petition or complaint at the appropriate court, outlining the infringement details, presenting at the court hearing, presenting evidence and seeking appropriate legal remedies.

Ultimately, if the infringer is found guilty, the applicant or creator (who files a complaint) can get compensation for their loss or damage.

Punishment & Legal Remedies

Copying, printing or producing someone's creation without concern can lead to civil or criminal suits. In these suits, the infringer can face legal consequences where they may get imprisonment or penalties. As per the Copyright Act, of 1957, the criminal penalties include imprisonment for 6 months that can be extended to three years, and fines ranging from 50,000 to 2,00,000.

Note: The punishment and penalties can vary as per the type of Copyright Infringement.

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Conclusion

The procedure of submitting a copyright infringement complaint is complex and requires advance planning and thought. Individuals can defend their copyright rights by gathering proof, consulting an expert, serving cease and desist orders, and, if required, starting legal action. It's critical to comprehend the pertinent legal requirements, timelines, and proper processes as set forth by the applicable jurisdiction. Anyone can effectively prevent copyright infringement by being diligent and persistent, protecting their creative works and maintaining the integrity of intellectual property rights in the digital era.

Frequently Asked Questions

The cost of Copyright Registration varies from ₹500 to ₹40,000 depending on the nature of the work and creation.

Two copies of work, Demand Drafts, NOC, PoA and identity proofs are the common documents that are required for Copyright Registration. The documents can differ on the basis of the nature of creation or work.

An author, original owner or authorised agent everyone is eligible for the Copyright Registration.

Any literary work, Musical work, Artistic work, Cinematography work, sound recording, photograph and computer-generated work can be protected through Copyright Registration.

The diary number is a unique identification number that is given to the applicant during the Copyright Registration. This number helps in tracking the status and inquiry about the Registration procedure.