Copyright violation

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copyright violation

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COPYRIGHT VIOLATIONS IN INDIA GEETIKA 2012A41D MBB 510

What is a Copyright?:

What is a Copyright? Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as choreography , poems , thesis , plays , motion pictures , musical compositions , sound recordings , paintings , drawings , sculptures , photographs, computer software , radio and television broadcasts and industrial designs. All copyright related laws are governed by the Copyright Act, 1957. Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator's death, or a finite period for anonymous or corporate creations.

Copyright infringement/violation:

Copyright infringement/violation Copyright infringement is often associated with the terms  piracy  and  theft . Copyright infringement  is the use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator.

Indian perspective on copyright protection::

Indian perspective on copyright protection: The Copyright Act, 1957 provides copyright protection in India. It confers copyright protection in the following two forms: (A ) Economic rights of the author – It provides economic protection to the author for his creations like original literary, dramatic, musical and artistic works; cinematographs films and sound recordings. (B) Moral Rights of the author - Section 57 of the Act defines the two basic “moral rights” of an author. These are: ( i ) Right of paternity (ii) Right of integrity The right of paternity refers to a right of an author to claim authorship of work and a right to prevent all others from claiming authorship of his work. Right of integrity empowers the author to prevent distortion, mutilation or other alterations of his work, or any other action in relation to said work, which would be prejudicial to his honour or reputation.

Test for Infringement and Cost of enforcing copyright :

Test for Infringement Direct evidence (registration) of copying proves infringement . What happens if there is no direct evidence of copying? The author must rely on circumstantial evidence (old data note books/notes/diaries etc.) Cost of enforcing copyright In claming a copyright , the copyright holder will have to bear the cost of hiring an advocate and other costs involved in the court . 5 Test for Infringement and Cost of enforcing copyright

Copyright Infringement:

Copyright Infringement Direct Infringement: Direct infringement is a strict liability offence and guilty intention is not essential to fix criminal liability. The requirements to establish a case of copyright infringement under this theory are: (1) Ownership of a valid copyright; and (2) Copying of the copyrighted work. Thus, a person who innocently or even accidentally infringes a copyright may be held liable under the Copyright Act . The guilty intention of the offender can be taken into account for determining the quantum of damages to be awarded for the alleged infringement. Direct Infringement

Contributory infringement:

Contributory infringement Means the offender has infringed the copyright intentionally. For a contributory infringement claim, the copyright owner must show that the webmaster or service provider actually knew or should have known of the infringing activity . EXAMPLE: Posting access codes from authorized copies of software, serial numbers, or other tools to assist in accessing such software may subject you to liability. Providing a forum for uploading and downloading any copyrighted file or cracker utility may also be contributory infringement. Even though you may not actually make software directly available on your site, providing assistance (or supporting a forum in which others may provide assistance) in locating unauthorized copies of software, links to download sites, server space, or support for sites that do the above may contributory infringe.  Indirect Infringement

Vicarious Infringement:

Vicarious Infringement Vicarious infringement occurs where someone has a direct financial interest in the infringing actions being committed by another and has the ability to control it. One of the classic examples of vicarious infringement is where someone owns a trade fare, and somebody at the trade fare is selling infringing materials. The owner of the trade fare is liable for vicarious infringement because he receives a direct financial benefit . Indirect Infringement

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CASE STUDIES

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Movie scripts infringment

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Copying Books

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Stolen Music and Lyrics

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Stolen Music and Lyrics

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Stolen Music and Lyrics

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Data stealing

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Data stealing

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We must owner copyright because every copyright offender is also a copyright owner

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