Written by: Reeya Chaudhary, 3rd year ,School of law ,Galgotias University
Introduction
The current Indian law on copyright as enshrined in Copyright Act of 1957 with latest amendment defines copyright infringement, as action involving any work or material being used in any manner without the authorisation of the owner of the copyright.
Culture of a Nation is best experienced in the artistic pursuits of individuals and flocks in particular, writing, music, painting, computer programs, etc. All these creative pieces of work come under the theory of copyright—this gives one person proprietary rights to their work. Copyright is the recognition of effort, ideas and talent both in the intellectual and physical sense of the word and is meant to protect such efforts. Failure to put such measures in place will mean that experimentation will be greatly reduced and new ideas limited. Hence, laws such as the Copyright Act, 1957 were enacted in order to protect such kinds of property alongside with giving the right to sue for the infringement of such rights. However, we will begin with an analysis of what it means to violate copyright law in this centre, prior to proceeding with a discussion of the various mechanisms provided under the Act.
Infringement falls into two categories:-There is primary and secondary infringement.
1-Primary infringement:relates to the copying of the work in question.
2-Secondary infringement: refers to dealing with the infringing copies for example, selling copies of pirated material or importing the same. In this case, the infringer will often not be in ignorance of the infringement.
Basic Ingredients of Copyright Infringement
What Constitutes Copyright Infringement?
Piracy of a copyrighted work takes place when an individual uses a work that is protected by the copyright without the approval of the copyright owner or beyond protected uses such as fair use. Infringement can take many forms, including:
1. Infringement of a copyright– Selling a book, film, or record without legal permission.
2. Distribution– Use of copyrighted content which include posting tutorials, movies, video-games and other materials beyond the permission granted by the owner of the copyright.
3. Subsection N: Public performance or display– Using the work in a public place without the owner’s authorisation (for instance, providing copyrighted music during a public occasion).
4. Derivative uses – Subsequent utilisation of a work through alteration, incorporation or transformation of the original work without permission.
For an act to constitute copyright infringement, the following conditions must be met:
1. For the copyright to be granted on a work, the work has to be an original work of the author.
2. The infringing work has to be a reproduction of the author’s work in its literal sense of the word.
Types of Copyright Infringement
1. Direct Infringement: This occurs when a person directly copies or uses a work without authorisation. It is the most common form of infringement and applies to both physical and digital copies of works.
2. Contributory Infringement: A party may be liable if they knowingly contribute to another party’s infringement. For example, if a website allows users to upload and share copyrighted content without proper checks, it may be guilty of contributory infringement.
3. Vicarious Infringement: This happens when an individual or entity benefits financially from infringement and has the right and ability to control the infringing activity. For instance, a business allowing the public display of copyrighted content for profit could be held responsible.
The Influence of New Media Technology on Illegal Use of Copyrights
This meant that with the coming of internet connection and other technologies make the violation of copyright more enhanced in the society. Through modern technology acoustic products such as music, films, books, and other creative work can be copied, reproduced, and disseminated beyond the creator’s ability to control. P2P Networks, file-sharing sites, and media streaming sites are very much of often times taken to the courts for violation of copyright law because of sharing of materials that are copyrighted.
As a consequence of these challenges, most countries have modified or developed their copyright laws. For example, the US DMCA has sections for contending with Web piracy and gives some defence to the service suppliers if they reveal the content that has been violated and work with the copyright owners according to the take down procedures.
Enforcement of Copyright
Protection of copyright implies recalling the rights of the holder of copyright and ensuring that those who violate these rights suffer the necessary consequences. There are several ways in which copyright can be enforced:
1. Civil Remedies: Through an action laid in court the offender can be prosecuted by the owner of the copyright. The court may award remedies such as:
- Injunctions: Injunctions that prevent the infringer from using the protected work in the manner they are doing.
- Damages: Amount of money awarded to the injured party for the damages the copyright holder has suffered because of the infringement.
- Statutory Damages: In some jurisdictions, legal rights entitle owners to fixed amounts of money for infringement despite high levels of difficulty in proving damages
. 2. Criminal Penalties: In severe cases the offence is considered as criminal and the offenders are charged as such. This is especially the case where infringement means involving massive piracy outfits who in turn distribute performances of copyrighted works on a per piece basis. They can be anything from fines to imprisonment.
3. Digital Enforcement Tools: DRM and automated takedown notices were established as profound means of protection of the works on the Internet. These tools can help content creators and copyright holders to index and track web sites and-sites and products containing content violating of the copyright to inform and request certain sites, including YouTube or the social media, about it.
4. International Cooperation: Because of the world-wide-web, copyright violations do involve one country only. There are also international organisations which address this concern for example World Intellectual Property Organisation (WIPO). Trade agreements also include rules of copyright in order to promote enforceability across borders.
The Problem of Copyright Protection
However, protection of copyrights can be firm, the problem lies in the enforcement of these laws. Infringers can easily conceal their identities because digital technologies provide anonymity hence making distribution of material easier. Also, because of the large number of contents shared through the online social networks, it becomes very difficult for the copyright owners to monitor and-control for violations.
Another problem that is part of conflict is copyright and free speech controversy. This is because an overly protective measure can possibly trigger legal cases and anger society where protection limits the use of the work within the perimeters of fair use or First Amendment. Platforms face many challenges when they are trying to balance between the rights of their users to ownership of what they create, share or post on their networks and safety of intellectual property rights.
Conclusion
Piracy is still a burning problem nowadays, influencing business and authors around the globe. Since advancement in technology remain unstoppable, so are the ways of enforcing copyright. Having an effective legal framework, and collaboration being in place, especially at an international level, and appropriate digitisation of enforcement mechanisms must form a breadth to safeguard the rights of creators and prevent content from being used without remuneration. But here the role of balancing enforcement and the rights of users that know no limit concerning sharing information to support fair use is significant.
Policing and sustenance of copyrights shall remain a complex dual between governments, creators, technology and legal frameworks for creative works to be protected in manner that championing of inventions and innovation and respect to intellectual property is enhanced.
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