If you are in a nose-deep situation and want to sue the other party because they are making money off your hard work, this blog is a must-read for you, as we will cover the entire dance around the infringement suit of copyright and how to claim interim relief.
First of all the Copyright Act 1957, talks about, “Infringing copy” in sec 2(m); that is how the evidence of an infringed copyright will look like. So, first, let's talk about “infringing copy” in detail. After then we will cover, “When copyright infringed”, in sec 51 of the act.
What and how does an infringement copy look like?
Infringed copies are described as per the sec2(m) of the Copyright Act 1957:
When the literary, dramatic, musical, computer program or artistic work, as defined under sec 2 (o), is reproduced without obtaining the consent of its creator, it is considered an infringed copy.
When it is about the cinematographic film, any copy created of it by any means is considered an infringed copy.
When it is about sound, if any copy is created by any means that carries the same sound it will be considered as an infringed copy.
When an event including cinematographic, sound, music, and literary is reproduced, it is considered an infringed copy of the event
What amounts to infringement of copyrights?
It is defined under sec 51 of the Copyright Act 1957, the situation whose occurrence amounts to the infringement of copyrights:
When a person uses a work whose license he has not been granted by the copyright owner or the Registrar of the Controller.
When a person uses the work for whose license has been granted to him, but he violates the conditions under which he was granted the license.
Act in a way that excludes the copyright owner's stake.
Permits other people to use, sell, trade, exhibit, defame, alter, reproduce, or any other act without taking permission from the copyright owner.
Stores, reproduces or translates or creates adaptations of the work, will fall under the category of the infringement of copyrights.
Other Circumstances where it is considered to be a case of copyright infringement.
Piracy: Distribution of pirated copies or unauthorized copies, of shows, movies, books, and software, it is called Piracy.
Bootlegging: When movies are recorded in theatres or live performances are recorded without permission, it is called bootlegging.
Counterfeiting: When products are copied with their packaging to look like the original products, it is called counterfeiting.
Infringement in Digital Media: When data is stolen in the process between hard disk to screen, that is called Infringement in Digital Media.
Can an unregistered copyrighted work be infringed?
Sec 45(1) of the Copyright Act 1957 says that as soon as the work is created the copyright of the work’s owner subsists. Yet, registration of the copyright can be useful as it will establish a public record. Then, a record with the Registrar of Copyrights will be the prima facie proof of the outfit's existence. Also, criminal or civil remedies are decided based on the registration of the copyright.
Now, we have cleared the situations in which copyright infringement can happen. Let us talk about the process by which you can get remedies.
Step1:Institute a suit. The institution of the suit cannot happen in a court inferior to a district court. For the institution of a suit, draft a plaint, and provide an affidavit for all the said facts in the plaint. Be mindful that the plaint consists of all the following:
Name of the court, where the matter is instituted
Name, description, and residence of the parties
Facts amounting to cause of action
Copies of the document, if the plaintiff has relied upon them
In case he cannot submit the copy document, mention it in the plaint.
Step2:The court will summon the defendant, to come forward and address the matter at hand. A time period will be given to them to submit a written statement accepting or rejecting the plaint.
Step3:After receiving the written statement, the plaintiff needs to write a replication accepting or rejecting the statement.Replication should have the following:
A.Plaintiff is owner of the work infringed
B. Copy of the infringed copyright and the particulars in which copyright has been infringed.
C. The nature of Damage
D. Facts providing that the court has the jurisdiction to try the case
E. Prayer of Permanent injunction, and the nature of injunction sought
F. Costs of suit
Step4:The Court will set a date and foresee the trial as per the information received from both sides.
Step5:The Court, after the case has been heard, shall pronounce judgment, and on such judgment, a decree shall follow
Following the above process, you will have your issues resolved.
How to verify the credibility of the copyright by the plaintiff?
Under sec 54 of the Copyrights Act 1957, the plaintiff needs to prove the ownership of the disputed work. He needs to prove the ways infringement has taken place and that he is entitled to the remedies given under the sec 55 of the act.
Reference:
Comments