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Infringement under copyright law

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A study of Copyright Law

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Infringement under copyright law

  1. 1. INFRINGEMENT UNDER COPYRIGHT LAW © P R E S E N T E D B Y : A M I T S A B O O ( 3 6 ) A N A H I T A C H O K S E Y ( 1 0 ) R A H U L K U M A R ( 2 3 ) S H A L A K A P A T I L ( 3 3 ) S U M O N I K A M I S R A ( ) S U R B H I S A X E N A ( )
  2. 2. THE COPYRIGHT ACT, 1957 • The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended 6 times since 1957. • The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. • Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings.
  3. 3. DURATION OF COPYRIGHT PROTECTION • Literary • Dramatic • Musical • Artistic works Lifetime of the author + sixty years from the beginning of the calendar year next following the year in which the author dies • Anonymous and pseudonymous works • Posthumous work • Cinematograph films • Sound records • Government work • Public undertakings • International Agencies • photographs Until sixty years from the beginning of the calendar years next following the year in which the work is first published
  4. 4. RIGHTS UNDER COPYRIGHT LAW Copyright is the soul of Film, Audio-visual recording, Literature in Book forms and Computer Software Industry. The author of a copyrighted work enjoys the following exclusive economic rights: • Right to reproduce • Right to publish • To adapt and translate • To communicate/perform in public • To assign, license or bequeath the copyright to another party
  5. 5. AMENDMENTS TO COPYRIGHT LAW • The changes will entitle authors of musical, cinematographic and literary works to ROYALTY if their work is used for commercial purposes such as ring tones, internet downloads or aired on radio channels. • At present, a lyricist or music composer is paid on a one-time basis. • They do not get royalty if their work is used in any form in future or from re-runs of movies on television.
  6. 6. INFRINGEMENT OF COPYRIGHT LAW • Copyright infringement occurs when any person does any of the mentioned rights and activities with respect to a copyrighted work WITHOUT A LICENSE. • It leads to economic loss to the owners of copyright. Besides economic loss, it also adversely affects creativity • PIRACY: The term "piracy" has been used to refer to the unauthorized copying, distribution and selling of works in copyright • Infringement relevant in today’s world of Internet: Plagiarizing Marketing Copy, Plagiarizing Personal Literature, Newspaper Infringement, Mashup Copyright Issues, Photography Infringement
  7. 7. REMEDIES AGAINST COPYRIGHT INFRINGEMENT The act provides 3 kinds of remedies : • Administrative : include detention of the infringing goods by the customs authorities • Civil : Provided under Chapter XII of the Copyright Act 1957 and include injunctions, damages and account of profits • Criminal : Provided under Chapter XIII of the statute and the remedies provided against copyright infringement include imprisonment (up to 3 years) along with a fine (up to 200,000 Rupees)
  8. 8. T H E C O U N T R Y ' S F I L M I N D U S T R Y C O N T I N U E S T O L O S E A R O U N D R S 5 0 B I L L I O N I N R E V E N U E S A N D O V E R 5 0 , 0 0 0 J O B S E V E R Y Y E A R D U E T O P I R A C Y . I N D I A I S O N E O F T H E T O P C O U N T R I E S W I T N E S S I N G P E E R - T O - P E E R F I L E - S H A R I N G I N F R I N G E M E N T W O R L D W I D E S T O P P I R A C Y ! !
  9. 9. CASE 1
  10. 10. T-SERIES VS GURUJI.COM • T- series is a top music label company and Guruji.com is an indigenously made music search engine founded by two IIT graduates in 2006 • Guruji.com slowly gained popularity as pirated music search engine, it didn’t hold any pirated music but it promoted pirated music through its homepage search results • 2008 T-series issued notice to Guruji.com
  11. 11. T-SERIES VS GURUJI.COM T-series Guruji.com Accused defendant for offering meta- data instead merely displaying links Responded that it has done what a search engine is supposed to do and is not hosting copyrighted content Also stated defendant have an ad program where ads on serious offenders in music piracy like songs.pk etc are dislayed who paid Guruji Tried to prove that they only pointed consumers towards content As the servers and office were in India hence Copyright Act 1957 was rightly applicable in this case Showed their disclaimer Guruji.com disclaimer
  12. 12. T-SERIES VS GURUJI.COM • Where did the defendant go wrong? They didn’t maintain anonymity, other music piracy websites have servers outside India/ outside Indian’s court purview • THE JUDGEMENT • Defendant removed search links for music from its site • Shut down music search site in 2011 • Arrest of Anurag Dod, CEO of Guruji.com • Seizure of servers, storage media and other equipment • Arrest of employees of Guruji.com
  13. 13. BRIGHT TUNES MUSIC V. HARRISONGS MUSIC Complaining Work "He's So Fine" Defending Work "My Sweet Lord" • This case found the late George Harrison liable for copyright infringement. • Harrison's use of the melodic kernels of plaintiff‘s, in the same order and repetitive sequence and set to "identical harmonies,“ as that of "He's So Fine“ composed by Ronald Mack • This is an action in which it is claimed that a successful song, My Sweet Lord, listing George Harrison as the composer, is plagiarized from an earlier successful song, He's So Fine, composed by Ronald Mack, recorded by a singing group called the "Chiffons," the copyright of which is owned by plaintiff, Bright Tunes Music Corp. • With liability established, the court then recommended an amount for the damages to be paid by Harrison and Apple to Bright Tunes, which Owen totalled at $1,599,987– amounting to three-quarters of the royalty revenue raised in North America from "My Sweet Lord"
  14. 14. REFERENCE • https://www.plagiarismtoday.com/201 3/02/18/5-types-of-infringement- made-commonplace-by-the-web/ • https://en.wikipedia.org/wiki/Copyrigh t_infringement

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