What are Infringement Remedies under Copyright Act, 1957?

A. Civil Remedies for Copyright Infringement

1. Interlocutory Injunctions: Interlocutory Injunctions serve as powerful tools to halt infringing activities temporarily during the legal proceedings. This remedy provides the copyright owner with swift relief by preventing further damage or dissemination of their copyrighted material until the case reaches a final resolution.

2. Anton Piller Orders: Anton Piller Orders authorize the entry into the premises of defendants to preserve crucial evidence related to copyright infringement. This measure is crucial for ensuring the integrity of evidence, especially in situations where there is a risk of evidence being destroyed or concealed.

3. Norwich Pharmacal Order: The Norwich Pharmacal Order proves invaluable in copyright cases by allowing the copyright owner to obtain information about the sources of infringement. This order facilitates the identification of parties involved, aiding in building a strong case against copyright violators.

4. Account of Profits: The Account of Profits remedy empowers the copyright owner to claim not only damages but also the profits gained by the infringer through unauthorized use. This comprehensive remedy aims to both compensate the copyright owner and deter potential infringers by hitting them economically.

5. Compensatory Damages: Compensatory damages go beyond merely reimbursing the copyright owner for financial losses; they aim to restore the copyright owner to the position they would have been in had the infringement not occurred. This remedy ensures that the infringer bears the full weight of the economic consequences of their actions.

6. Conversion Damages: Conversion damages are calculated based on the value of the copyrighted work used without authorization. This nuanced remedy considers the economic impact of the unauthorized use, providing a fair and equitable means of compensation for the copyright owner.

B. Criminal Remedies for Copyright Infringement

1. Imprisonment: The possibility of imprisonment for up to three years, though not less than six months, underscores the severity of copyright infringement. This criminal remedy serves as a deterrent, emphasizing the gravity of serious copyright violations and the potential legal consequences.

2. Fine: Fines, ranging from ₹50,000 to ₹2,00,000, act as a punitive measure against copyright infringers. The imposition of fines not only penalizes the wrongdoer but also contributes to the financial restitution of the copyright owner and serves as a deterrent against future violations.

3. Seizure of Infringing Goods: The criminal remedy of seizing infringing goods involves a comprehensive search and seizure operation to remove unauthorized copies from circulation. This measure is critical to preventing the continued dissemination of infringing materials on the market.

4. Delivery of Counterfeit Goods: The legal provision requiring the delivery of counterfeit goods compels infringers to return unauthorized copies to the copyright owner. This remedy aims to eliminate the presence of counterfeit materials on the market and restore control over copyrighted work.

C. Administrative Remedies for Copyright Infringement

1. Import Restrictions: Import restrictions serve as preemptive measures by prohibiting the entry of goods that infringe on copyrights. This administrative remedy prevents the influx of unauthorized copies into the market, protecting the rights of copyright owners from the outset.

2. Confiscation of Infringing Materials: The Confiscation of Infringing Materials empowers copyright owners to retrieve confiscated copies, ensuring the removal of unauthorized works from circulation. This administrative remedy supports the enforcement of copyright protection, maintaining the integrity of intellectual property rights.

The Copyright Act, 1957 established the legal framework for safeguarding original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings in India. The legislation imposes penalties for unauthorized reproduction, distribution, performance, display, or communication of these works and allows for fair dealing exceptions, such as criticism, commentary, news reporting, teaching, research, and private study. Additionally, it permits certain forms of derivative works, like translations, abridgments, and adaptations, fostering intellectual property growth in India and encouraging creativity and innovation. Aligned with major international treaties, including the Universal Copyright Convention, Rome Convention, Berne Convention, and TRIPS Agreement, this landmark legislation remains the cornerstone of India’s modern copyright system, ensuring proper recognition and compensation for creators.

Geeky Takeaways:

• The Copyright Act 1957 protects original dramatic, musical, literary, and artistic works, specifically sound recordings and cinematographic films, in India.
• The Act permits various forms of derivative works, such as translations, abridgments, and adaptations, contributing to the growth of intellectual property in India and fostering creativity and innovation.
• It incorporates fair dealing exceptions, allowing activities like criticism, commentary, news reporting, teaching, research, and private study without infringing on copyright.
• The legislation enforces penalties for unauthorized activities such as reproduction, distribution, performance, display, or communication of these protected works.