Copyright Infringement

 

God gifted to a human being is observation and thinking power which lead humanto do huge amount of search physical and biological resources on the earth. With using this imagination and creativity, human has been producing many arts or products for changing needs of his andsociety’s interest, comfort and convenience which is important for economic development of country. Intellectual property includes Patents, Designs, Trademarks, copyrights, confidential information and Industrial. The Present study makes an attempt to discuss the Copyright Act, 1957 with reference to selected legal cases in India.

 

OBJECTIVE OF THE STUDY

1. To know the concept of copyright

2. To understand overview of copyright and case

 

RESEARCH METHODOLOGY

 

The study is based on secondary data. This is collected through various publication, books, internet and articles etc.

 

THEROTICAL BACKGROUND

 

• What Is A Property?

Properties are two types, corporal property and incorporeal property or tangible property and intangible property. Corporeal property contains the material and tangible things owned by the human being, organizations, associations etc. They have physical objects, so we see with eyes and touch it. Incorporeal property is intangible which subject matter of right is. Such property does not have physical characteristics and hence cannot be see and touch it.

 

• What Is Intellectual Property?

Intellectual property is an intangible creation of the human mind such as copyright, patent, industrial design, design patent india, trademark etc. Examples as in copyright, an author's protect it rights copyright on a book or article, musical work, literacy work, cinematography film, photography etc.

 

• What Is Intellectual Property Rights?

Intellectual Property Office [1] defined Intellectual property (IP) as “a term referring to a brand, invention, design or other kind of creation, which a person or business has legal rights over. Almost all businesses own some form of IP, which could be a business asset. It includes Copyright, Patents, Designs and Trademarks”.

 

• What Is Copyright?

Copyright means creation of things of authors in various fields such as literary, dramatic, musical and artistic works, cinematograph film, sound recordings and computer software. After certain time copyright work is public domain. The primary function of a copyright law is to protect the man’s original work and its rights.It also consists of the right to works derived from the original works; certain rights such as the right of public performance, the recording right and broadcasting right.

 

• Object of Copyright

The protecting, recognizing and encouraging the skill and capital of author is the object of a copyright.

 

• Definition of Copyright

The copyright act does not give specific definition of copyright, as per Sec.13, it includes works, that is to say,

(a) Original literary, dramatic, musical and artistic works;

(b) Cinematograph films; and

(c) Sound recordings;

 

• Main Features of Copyright

Monopoly Right; the copyright registration restricts others from using the work that has been the creation of the author.Multiple right; copyright is not a single right. It consistsof bundle of different right. The multiple rightsinclude right of adaptation, right of reproduction, right of publication, right to make translation, communication to public etc.Negative Right; copyright is prohibitory in nature. It is a right to prevent others from copying or reproducing the work.

 

• Copyright A Kind Of Intellectual Property Copyright is a kind of intellectual property. Importance of copyrightis increased due to the rapid technological development in the field of printing, music, communication, entertainment, and education and computer industries. Beside that copyright logo is common practice in businesses.

 

RESULTS AND DISCUSSION

 

• Original Work

Copyright exist only in original work. The word original which related to the expression of the thought but expression need not be in an original or novel form, but that the work must not be copied from another work- that it should originated from author.

 

• International Copyright Laws

At international level the copyright are protected under conventions are as follows, as per the rule of WTO Agreement, the implementation of the TRIPS patent regime was the primary requirement in order to enable participation in multilateral trading system. Copyright of nationals countries who are members of the Berne Convention 1886, Universal Copyright Convention 1952 and the TRIPS Agreement 1994 are protect the Literary and Artistic Works at International level. Rome convention, 1999 this convention protects the rights of performers, producers of phonograms, and broadcasting organizations. WIPO Copyright Treaty, 1996 this treaty specifies that protection extends to expressions and not to ideas, procedures, and methods of operation or mathematical concepts. The treaty recognizes the computer programmers as literary work. WIPO Performances and Phonograms Treaty, 1996 declares that the protection of the performers and producers of phonograms.

 

• Copyright Law in India

The Copyright Act of 1957came into force from January 1958. The Copyright Act has been amended in 1983, 1984, 1992, 1994 and 1999, 2012. The Copyright Act, 1957 consists of 79 sections fewer than 15 chapters while the Copyright Rules, 1958 consists of 28 rules under 9 chapters and 2 schedules.

 

The landmark amendment in copyright act 1957, in 1994 which is related to computer software, according to section 14 of this Act, making and distribution of copyright software without proper or specific permission is illegal.

 

• Case of copyrightIn a case,

1. R.G Anand v. M/S. Delux Films & Ors on,1978SC given meaning of copyrights, what constitute the infringement of copyright. [2].

2. In Garware Plastics and Polyster Ltd and Bomby and Others v. M/sTelelink and Others, 1989 in this cases the court held that showing the film over the cable TV was constitute video piracy. [3].

 

3. In M/s Mishra BandhuKaryalaya& Others v. ShivaratanlalKoshal AIR 1970 MP 261, it has been held that the laws of copyright do not protect ideas, but they deal with the particular expression of ideas. [4].

 

4. In Raj Video Vision v. K Mohan Krishnan the Court held that the producer of a cinematograph film could be regarded as an author of the film for the purpose of Copyright Act.[5].

 

5. Super Cassetts Industries Ltd vs Music Broadcast Pvt. Ltd on 3 May, 2012 In this case court held that grant of a licence shall be given on payment of reasonable charges to the copyright owner.[6].

 

6. In a case “CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 (1) SCR 339 (Canada) [7]. The Canadian Supreme Court is of the held that to claim copyright in a compilation the author’s original work should be the product of an exercise of skill and judgment and it is a workable yet fair standard. Means the author must produce a material with exercise of his skill and judgment which may not be creativity in the sense that it is not novel or non- obvious, but at the same time it is not the product of merely labour and capital”.

 

7. Chancellor, Mastersand Scholars of the University of Oxford v. blushing Publishing House and Ors, 2008 [8]. In this case court held that, there is a no infringement for guide prepared from copying text from text book for the assisting, solution of student in solving the problem.

 

8. As per amendment in copyright act 2012, section 52 (zb) provisions for facilitating access of copyrighted works to the disabled, including blind persons, considered as fair dealing. [9].

 

9. In a case of Hawkins Cookers Ltd. v. Magicook Appliances Co., 100(2002)In this case court held that, the defendant using a label for pressure cookers, which was similar to the trademark registration in india ‘HAWKINS’ of the plaintiff which is protected under sec. 55 of copyright act 1957.Hence permanent injunction was granted. [10].

 

• Copyright Board

Section 11 of the Copyright Act 1957 is relates to the establishment of Copyright Board. The Copyright Board consists of Chairman and not less than two, but not more than fourteen members. Chairman of the Board should be a sitting or retired judge of the High Court or a person qualified to be appointed as judge of the High Court. The Registrar of Copyright to act as Secretary of the Copyright Board. [11].

 

• Assignment of Copyright

In Copyright Act, 1957 Sec.18 deals with assignment of copyright. The author of the original copyright workassigns the whole or any part of his rights to others to exploit economically for a lump sum consideration. In the alternative he may license some or all of his rights to others usually on the basis of a royalty payment. An assignment may be general, i.e. without limitations, or subject to limitations. Assignment of a copyright is possible only if it is in writing and signed by the assignor or by his duly authorized agent. The registration of assignment is not compulsory.

 

• Relinquishment of Copyright (Sec.21)

The author of an original work may relinquish all or any of the rights comprised in the copyright in the work by giving notice to the Register of copyright in the prescribed form. The Register will be publishing the notice in the Official Gazette and in other ways of the any person come out on the date of the notice.

 

• Licenses

Chapter VI containing Sections 30-32B deal with licenses. A license can transfer the interest in a copyright. In a license the right granted are limited. The ownership in the rights remains with the author. In case of assignment, the ownership in the right is transferred to the assignee. “Copyright License is granted by the owner of the copyright in any existing work or the prospective owner of the copyright in any future work in writing signed by him or by his duly authorized agent. In the case of a licenses relating to copyright in any future work, the licenses will take effect only when the work comes into existence. Where a person to whom a licenses relating to copyright in any future work is granted dies before the work comes into existence, his legal representatives, in the absence of any provision to the contrary in the licenses, will be entitled to the benefit of the licenses”.[12].

 

• Term of Copyright

The period of copyright for a photograph, cinematograph films and sound recording shall subsist until 60 years from the beginning of calendar year.(Sec.25 to 26). In the case of literary, dramatic, musical or artistic works where the author is a natural person the term is lifetime plus sixty years.

 

• Registration of Copyright (Sec.44)

The act describe the in Copyright office a register is kept which is in the prescribed form to be called the Register of Copyrights in which may be entered the names or titles of the works and the names and addresses of authors, publishers and owners of copyright.

 

• Copyright Infringements

As per section 51 some of the commonly known acts involving infringement of copyright:

 

1) Making infringing copies for sale or hire or selling or letting them for hire;

2) Permitting any place for the performance of works in public where such performance constitutes infringement of copyright;

3) Distributing infringing copies for the purpose of trade new trademark registration or to such an extent so as to affect prejudicially the interest of the owner of copyright;

4) Public exhibition of infringing copies by way of trade; and

5) Importation of infringing copies into India.[13].

 

The Bombay High Court in Hindustan Lever Ltd., v. Nirma Private Limited, Ahmedabad, AIR 1991the court held that the dissimilarities were totally inadequate to wipe out general impression of the unwary purchaser. Thus, there was prima facie infringement of copyright. The case dealt with the infringement of the copyright in the label when there were only few changes made in the colorable imitation of label.[14].

 

• Remedies for Copyright Infringement

Law is a liable for social challenges and alsoresponsible for answers the challenges and in the process of develops itself. Copyright is best example of the relationship between law and developedscience and technology. Section 54 to 62 of the Copyright Act provide for civil remedies under the Act. A copyright creator can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.(Sec.54)

 

In Criminal Offence any person who knowingly infringes or abets the infringement of the copyright any original work, he/ she is liable forcriminal offence under Section 63 of the Copyright Act.

 

The punishment forinfringement of copyright is imprisonmentfor a period of six months and fine which may be Rs. 50,000/- or may be extends.

 

COPYRIGHT RELATED TO LIBRARY SERVIES

Library is a source and way to access of knowledge. In any educational institute libraries plays a key role in many spheres, including copyright. The role of library and physical existence to the digital form should be increased for the development in science and technology. Libraries will continue to grow, when it has created challenges regarding implications and accessing of Intellectual Property in Library services. Libraries being the major source of informationneed to be more careful in controlling the copyright issues of authors andpublication. Section 52(1), Indian Copyright Act, 1957 declares that a fair dealing (fair use) for the following purposes does not mean infringement such as,

 

1. Private or personal use, including research

2. Criticism or review, whether of that work or of any other work

3. Reporting of current events and current affairs including the reporting of a lecture delivered in public.

 

With the growing need of society, the library professional’s have aware about the knowledge on Intellectual Property Rights which provide the users to access information without infringement copyright.

 

CHALLENGES AND ISSUES FOR COPYRIGHT

 

1. India ratifies the trips agreement, as per guidelines of TRIPS. India had made amendment in there copyright act for protection of software industry and enacted laws as a concern in subject such as Information technology act 2000, Industrial Design Act 2000, The Trade Mark Act 1999 etc.

 

2. Information and technology have its own invention of inventor or creator, it further leads into business. So, if infringement cause financial loss or reputation of inventor, assignee or licence nor.

 

3. Growing software industry, and Protection of software technology, then however, they involves in complex and interrelated issues that encompass a mix of copyright and trade secrets law.

 

4. The infringement is so widely spread and so it damaging legitimate businesses, so these businessesis in danger to collapse. It is most challenges towards inventor and government to protect harm caused by infringement. In case of copyright is concern issues of piracy in music, sound, photography and film is still questionable. Copying remains a huge problem, causing harm for inventor in lots of economic, status of brand and harming consumers get dangerous goods.

 

5. While in infringement of copyright most issues that arise: Privacy of search and seizure orders of substance during the investigation of infringement, misappropriation of confidential information, wrongful appropriation of a person’s ‘publicity’ – the photographs of celebrities, for instance for private gain.

 

CONCLUSION

The socio-economic development of a countryalways depends on the creativity and invention of a people and it can’t possible effective without the proper implementation of administration and enforcement of copyright laws. Creativity and innovation are the new path of the world finance development. Copyright is a serious issue for protecting IPR. There is a big market of piracy literature today, which effect on the author of the original copyright work. So today there is need to create public awareness about the economic, social and cultural importance of copyright among all sections of society. Also today there is demand of society to make and enforce thestrong and effective Copyright laws, which balance the interests of rights owners with larger public interest.Now a daythere is also important things related to library services such as, for all the librarians in India to give copyright education in order to understand the basic principles and concept of copyright laws in India which is helpful for the author for his creation. In India numbers of people making copying original work of author, because they have manyreasons such as weak economic background, unknown about knowledge etc. Due to rarepunishment and improper implementation of law, the illegal act of copyright is increases in such field. So it is need to understand and the study of consumer behaviours in depth and solves the problem effectively. So todayit is important and need of time, to aware knowledge about intellectual property right for development of country and protection of right of original author work is must for a common man.