Copyright Infringement And Remedies
COPYRIGHT INFRINGEMENT AND REMEDIES IN INDIA
1. INTRODUCTION
Copyright is a legal right granted to creators of original literary, artistic, musical, dramatic, cinematographic, or computer-generated works.
Copyright infringement occurs when someone, without the author’s consent:
Copies, reproduces, or distributes the work
Creates derivative works
Performs, broadcasts, or displays the work publicly
Governing Law in India:
Copyright Act, 1957 (as amended up to 2012)
International Treaties: Berne Convention, WIPO Copyright Treaty
Types of Copyright Infringement:
Direct copying (books, software, music)
Public performance without authorization
Distribution of pirated materials
Plagiarism in educational or commercial works
Remedies:
Civil remedies: Injunctions, damages, account of profits
Criminal remedies: Imprisonment, fines under Sections 63–65 of Copyright Act
2. LANDMARK CASES ON COPYRIGHT INFRINGEMENT
1. University of Delhi v. Kamal Singh (2003) – Textbook Infringement
Facts:
University accused a publisher of reproducing textbooks without permission.
Judgment:
Delhi High Court held the publisher liable for copyright infringement.
Injunction granted against further publication.
Significance:
Unauthorized reproduction of textbooks violates copyright.
Courts protect academic works through civil remedies (injunction and damages).
2. R.G. Anand v. Delux Films (1978) – Dramatic Work / Film Infringement
Facts:
R.G. Anand claimed that a film copied his play.
Judgment:
Supreme Court held that substantial reproduction of plot, sequence, and expression constitutes infringement, but mere idea or theme does not.
Significance:
Introduced “substantial part” test in India.
Protects literary and dramatic works while distinguishing between ideas and expression.
3. Eastern Book Company v. D.B. Modak (2008) – Law Reports Case
Facts:
Eastern Book Company published law reports; Modak reproduced headnotes in a database.
Judgment:
Supreme Court ruled that headnotes constitute original literary work and reproducing them without authorization is copyright infringement.
Significance:
Even compilations with original effort are protected.
Encouraged protection of editorial labor under copyright.
4. Super Cassettes Industries Ltd. v. Entertainment Network (India) Ltd. (2008) – Music Infringement
Facts:
Radio channels broadcasted music tracks without authorization.
Judgment:
Delhi High Court held broadcasting without license violates copyright.
Awarded damages and injunction.
Significance:
Clarified that public performance without license is infringement.
Reinforced civil remedies (damages + injunctions) for music copyright.
5. Indian Performing Right Society Ltd. v. Sanjay Dalia (2008) – Music Licensing
Facts:
Establishments played copyrighted music without paying royalties.
Judgment:
Court upheld that license from copyright owner or collecting society is mandatory.
Non-payment amounts to infringement.
Significance:
Protects performing rights in musical works.
Introduced accountability of commercial users of copyrighted material.
6. Super Cassettes Industries Ltd. v. Myspace Inc. (2010) – Digital Infringement
Facts:
Music uploaded by users on Myspace without license.
Judgment:
Court held that platforms facilitating unauthorized reproduction are liable, unless safe harbor provisions are met.
Significance:
Established online intermediary liability principles in India.
Relevant in the age of streaming, social media, and digital platforms.
7. Pearson Education v. India Book House (2011) – Textbook Piracy
Facts:
Pirated copies of Pearson textbooks distributed in India.
Judgment:
Delhi High Court imposed injunction and damages.
Piracy treated as serious civil and criminal offense.
Significance:
Reinforced protection against piracy.
Court emphasized deterrence through damages and injunctions.
3. REMEDIES IN COPYRIGHT INFRINGEMENT
Civil Remedies
Injunctions (Section 55):
Prevents further infringement
Can be temporary or permanent
Damages / Account of Profits (Section 55–56):
Compensation to copyright owner
Account of profits for infringer’s gain
Delivery up or destruction of infringing copies (Section 52)
Criminal Remedies
Imprisonment (Section 63)
6 months to 3 years for willful infringement
Fine (Section 63–65)
Up to ₹2 lakh depending on nature of infringement
Seizure and destruction of pirated copies
Digital / Online Remedies
Intermediary liability under IT Act, Section 79
Blocking infringing websites / platforms
4. KEY PRINCIPLES EMERGING FROM CASE LAW
Substantial part test – mere ideas not protected, but expression is.
Unauthorized reproduction, distribution, or performance = infringement.
Digital intermediaries may be liable unless safe harbor provisions are followed.
Civil remedies (injunction, damages) and criminal penalties complement each other.
Copyright extends to compilations, headnotes, and databases if original skill is involved.
Public performance and broadcasting require licensing, even for commercial use.
5. CONCLUSION
Copyright law in India balances protection of creators’ rights and public interest.
Courts have evolved a robust framework of civil and criminal remedies.
Landmark cases like R.G. Anand, Eastern Book Company, Super Cassettes, Pearson Education illustrate principles for literary, musical, and digital works.
With the growth of online content, digital infringement remedies are increasingly important.
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