Open Access Research Article
CRIMINAL REMEDIES AVAILABLE FOR COPYRIGHT INFRINGEMENT IN INDIA By: Arjun Krishna.J
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Article Details
CRIMINAL
REMEDIES AVAILABLE FOR COPYRIGHT INFRINGEMENT IN INDIA
Authored By: Arjun Krishna.J
Introduction
“Our ideas can never be copyrighted
only its product can be copyrighted”. Copyright is a right which protects the
original works of a creator from being copied or used in any form without the
permission or knowledge of the creator. Copyright infringement is the usage of
these works without consulting the creator. When an infringement takes place,
the creator can either seek civil remedies or criminal remedies. Criminal
remedies are far more effective as the infringement can be stopped and further
infringement can be terminated quickly. However, the aspect of mens rea is a
crucial part of the offence. This article tries to shed light on various
aspects like importance of copyright, criminal remedies of copyright
infringement, the relevance of such an act in India in the 21st
century.
Copyright Infringement
The Copyright Act of 1957 defines
copyright infringement as the use of copyrighted material without the
permission or knowledge of the creator. Copyright infringement takes place when
a third party uses the copyrighted material
intentionally or unintentionally without the permission of the creator. The creators are greatly benefited
by copyright as they can earn money by transferring the right to reproduce their
work, sell their work etc. Original literary, dramatic, artistic
works, cinematograph films, sound recordings etc are protected under the
Copyright Act in India. Copyright promotes creativity and
innovation as copyright makes sure that the artists are compensated for their
work, which inspires them to keep producing and giving back to society more
creative and original works.
Criminal Remedies
The offences in the Copyright Act are
exhibited in Chapter 13 of the act and are discussed in the sections ranging
from 63-70 of the Act.
Section 63: It states that anyone who uses
copyrighted content without the permission of the owner shall be sentenced to
imprisonment not less than 6 months and can be extended up to 3 years and also
shall be fined not less than Rs. 50,000 but maybe extended up to Rs.2 lakhs
under the discretion of the court, according to the severity of the offence.
Section 63A: It states that if the person who
was convicted under section 63 is convicted again for the same offence, they
would be punished for the second time and for every consequent offence. The
term of imprisonment shall be not less than 1 year and can be extended up to 3
years, and the offender can be fined not less than Rs. 1 lakh and can be
extended up to Rs. 2 lakhs according to the discretion of the court.
Section 63B: It states that anyone who uses a
illegal copy of a computer programme in a computer shall be imprisoned for a
period not less than 7 days and cane be extended up to 3 years, and can be
fined an amount not less than Rs.50,000 but not more than Rs.2,00,000.
Section 64(1): It states that any police officer
with a level higher than sub-inspector has the authority to use a warrantless
search to confiscate copies of copyrighted works that have been copied
illegally. This section's offence is regarded as a cognizable offence that is
not subject to bail.
Section 64(2): It states that within fifteen days
of the seizure, anyone who has an interest in copies or plates of a work that
were taken under subsection (1) may apply to the magistrate for their return.
The magistrate will then decide how to proceed with the application after
hearing from both the applicant and the complainant and conducting any
additional research that may be required.
Section 65A: It states that the Act prohibits
circumventing technological measures to protect rights, but does not prevent
individuals from doing anything not explicitly prohibited.
Section 65B: It states that anyone who changes
or alternates the rights management information, without the authority shall be
punished for imprisonment up to 2 years and payment of a fine.
Section 66: It states that the Court can order
the delivery of infringing copies or plates to copyright owners, regardless of
conviction, or make other disposal orders.
Section 67: It states that fraudulent entries
in the Register of Copyrights, fake copies, and the production or tender of
proof of fraudulent entries or writings are all punished by imprisonment, monetary
penalties, or both.
Section 68: It states that Individuals who
deceive or influence authorities or officers to make false statements or
representations are punishable with imprisonment, fines, or both for deceiving
or influencing actions.
Section 68A: It states that Violation of section
52A provisions results in imprisonment and fines for publishing sound
recordings or videos.
Section 69: It states that a company's directors, managers, and officers
are liable for any offense committed by their subordinates, regardless of
whether the offense was committed without their knowledge or due diligence. If
the offense was committed with the consent or connivance of a director,
manager, secretary, or other officer, they are also deemed guilty and liable
for punishment.
Section 70: It states that any offence under
this Act shall not be tried by a court other than a Metropolitan Magistrate or
a Judicial Magistrate of the first class.
Case Laws
1.Tips Industries Vs. Wynk Music (2019): In a leading case, the Bombay High Court found Wynk guilty of direct
infringement for offering copyrighted work offline and streaming it through
streaming services. Online streaming services are covered under Section 31D,
which does not apply to downloads or purchases, according to the court's
interpretation. The Internet streaming was ruled to be an exemption under
Section 31D by the court.
2. TV Software Communications Ltd. v. 1337X.To & Ors. (2019): In this leading case, the Delhi
High Court made the decision to take action against malicious websites that,
after being prohibited, reappear as mirrors or redirects. The court found that
the defendant websites were hosting content that violated copyright, and that
the pirated websites directly benefited from these violations. The court
disregarded ideas about the "exceptionalism" of the internet and
examined whether prohibiting a website that promotes piracy was in conflict
with a free and open internet. The court went into further detail on the idea
of rogue websites, concentrating on elements like piracy, takedown notices,
visitor level, and rules. The court issued a permanent injunction after finding
that the defendant websites were fraudulent websites. The court advised DoT and
MeITY to create a policy to alert users who are viewing copyrighted content,
and also to impose fines if the viewers continue to watch the content.
Conclusion
In conclusion we can say that the
harmonic interaction of copyright and criminal sanctions is essential for
protecting authors' creativeness and to encourage authors to produce more
original content. The recent amendments of the Act have revolutionized the
scope of copyright in India. By proper implementation of the Act, we can create
an environment where uniqueness thrives by recognising innovators' genius while
preserving the ideals of fairness and respect.
Article Information
CRIMINAL REMEDIES AVAILABLE FOR COPYRIGHT INFRINGEMENT IN INDIA By: Arjun Krishna.J
Authors: Arjun Krishna.J
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/20
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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