Infringement of Copyright

Copyright is for the creators of original works of authorship such as literary works, dramatic, musical works, cinematographic film, sound recordings and other artistic mechanisms. It is used to provide a protection to the work created by the creators. Literary works comprises computer programs, tables and compilations which contains computer databases that might be stated in codes, words, schemes or in any machine readable moderate. 

Copyright law defends the expressions rather than the ideas. You can protect your literary works, dramatic works, musical works, artistic works, cinematographic films and sound recording as provided under section 13 of the copyright act 1957. For instance, books and computer programs are protected under the act. 

There are some rights provided under copyright law to the copyright owner. In case, there’s a violation of the rights of the copyright owner then it’s a situation of copyright Infringement. Piracy is a word which we generally use for copyright infringement. The rights granted under copyright law are right of adaptation, right of reproduction, right to make translations, communication to the public, right of paternity, right to follow. If anyone violates these rights of the copyright owner then the copyright holder can sue that person and organisation or claim his due. A copyright owner can claim his due or sue anyone who is trying to steal his original work. 

There are three major exceptions of the copyright law which is 

• Fair use of the original work but doesn’t includes a computer programme. 
• If the work is used for educational purpose including research and quoted in the newspaper or magazine for any kind of criticism or review to the work.
• Reporting of current events and current affairs, including the reporting of a lecture delivered in public.

Fair use of the original work

There’s no proper definition of fair dealing in the act. But there are few things which allow us to use the work without the permission of the copyright holder. Whether the work is used without violating the rights of the copyright owner totally depends upon the facts and circumstances of a given case. There’s a very thin line between copyright infringement and fair dealing of the work. In India, there are no such guidelines that define the number of lines or passage we can use in the name of fair use. Fair dealing of the work is an exception of the copyright owner. The fair dealing of the work is based on the economic impact on the owner. If the economic impact is not so impressive then it comes under fair dealing of the work. 

The fair dealing is based on the following four factors:

• the purpose of use
• the nature of the work
• the amount of the work used, and
• the impact of use of the work on the original

Work used for personal use

If there’s a situation where the work is used for personal use including research, criticism or review to the work then it’s an exception to the copyright infringement. 

Reporting of current events and current affairs

In any case if the work has been published in the magazine or newspaper as current events and current affairs which include the reporting of a lecture delivered in public then it doesn’t violate the rights of the copyright owner.

In India the provisions of section 52 of the Copyright Act, 1957  provide for certain acts, which would not treat as an infringement of copyright namely fair dealing with a literary, dramatic, musical or artistic work doesn’t include a computer program for the purposes of- 

• If the work is a part of judicial proceedings which includes report of judicial proceeding and reproduction of the work for the purpose of judicial proceedings.
• Reproduction or publication of work by the secretariat of a legislature or, where the legislature consists of two houses, by the secretariat of either house of the legislature, for the use of the associates.

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Suman Bisht

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