Copyright Infringement

Section 51 of the Copyright Act specifically defines what constirutes copyright infringement.

Copyright in a work shall be deemed to be infringed when any person:

1. does anything which the copyright owner has the exclusive right to do

2. permits any place to be used for the communication of the work to the public for profit if the communication constitutes an infringement of the copyright in the work. However, he is not seemed to have infringed copyright if he was not aware and had no reasonable ground for believing that the communication was an infringement of copyright, or

3. makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire any infringing copies of a work

4. distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright any infringing copies of a work

5. by way of trade exhibits in public any infringing copies of a work

6. imports into India any infringing copies of a work. This does not apply if any person imports just one copy of any work for his own private and domestic use of the importer.

None of these acts constitute an infringement of copyright if they are done in pursuance of a licence granted by the owner of the Copyright or the Registrar of Copyrights under the Copyright Act or if they are done in accordance with the conditions of a licence so granted or of any conditions imposed by a competent authority under the Copyright Act.

The reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an infringing copy. Infringing copies of works, and plates which are either used or intended to be used to produce infringing copies are deemed to be the property of the copyright owner. The Court may order all such copies or plates to be delivered to the copyright owner.

A police officer not below the rank of sub-inspector can seize infringing copies of a work without a warrant.

It is a criminal offence to knowingly infringe or abet the infringement of a copyright under Section 63 of the Copyright Act.

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