Exceptions for copyright infringement

Introduction

Copyright Infringement is a serious problem. Notices of copyright infringement can be received from various sources – parties, including individual owners, lawyers, and internet service providers. Indian law takes copyright infringement charges very seriously. Individuals receive a hefty fine with a prison term so it is important to contact an expert regarding copyright infringement remedies. Copyright Registration has an expiration date. According to the Copyright Act,1957, there are several exceptions for copyright infringement. The clause allows for the restricted use of copyrighted content without the owner’s consent.

What is Copyright?

Copyright is a type of law governing intellectual property. It gives the copyright holder exclusive rights to select the way their content can be utilized. The expression of ideas and information in concrete media is protected by Copyright Registration. Following are the different works protected under the Copyright Act.

• Writing works – publications, diary entries, articles presented at conferences, poems, etc.
• Artistic creations – digital pictures, artwork, sculptures, photos, etc.
• Dramatic works – Scripts, plays, etc.
• Music compositions – music scores and notation
• Television shows and movies – Radio broadcasts and sound recordings ( both recorded music and other sounds.)
• Unpublished works, websites, and computer programs are all subject to copyright laws.

What is Copyright Infringement?

Copyright infringement refers to the unauthorized use of works protected by copyright laws. A copyright gives the original content creator exclusive rights to the ownership and distribution of the work, safeguarding it legally. The majority of significant copyright owners extend the copyright of significant works to preserve their ownership of their original content (or over copyright purchased from other creators). Individuals receive a hefty fine with a prison term so it is important to contact an expert regarding copyright infringement remedies. In the event of a copyright violation, an author can send a legal notice. The owner of the copyright may warn you of an infringement notice directly or through the use of the means available.

What is the “Fair Dealing Doctrine”?

A legal term known as “Fair Dealing” enables someone to make limited uses of a work without the owner’s consent. The four elements primarily determine the fairness of the deal. They are-

• The objective of the use
• What sort of work
• The quantity of work put in
• The impact of a used work on the original

The difference between “fair dealing” and “infringement” is slightly minor. In India, there is no set standard for how many words and paragraphs can be used without the author’s consent. We can only say that the section that was copied shouldn’t conflict with the author’s main interests. Fair dealing accordingly serves as a significant restriction on the particular rights of the copyright registration owner. The court is aware of the financial impact on the copyright owner. Fair dealing is regarded as suitable in situations with minimal economic impact.

What are the exceptions for Copyright Infringement?

A copyright infringement exception or act that does not violate copyright is described in Section 52 of the Copyright Act, 1957 in India. Specifically, fair dealing of an artistic work that is not a computer program, musical or literary creation. Additionally, the following are exclusions from infringement:

• Private use along with research
• Criticism or review
• Reporting on current events for any print publication
• By copyrighted cinematographic films or broadcasts, or by any means of photography
• Reproduction of the court case or of a report of the judicial proceeding.
• Publishing or reprinting a musical, literary, dramatic, or artistic work in a document created by the legislative secretariat.
• The recreation of any literary, musical, or dramatic work in a certified copy created or provided according to any current legislation.
• The publication in the collection is a legal bust mostly formed up of non-copyright material, and aimed at educational institutions.
• Sound production with or without a copyright registration or with the permission of the copyright owner.

Conclusion

The infringement case should provide evidence that the sender either owns the copyrights or he/she is authorized to act on behalf of the owner. In case, the letter cannot confirm the copyright ownership, it is considered as invalid, and no further action is required. One should be known the exceptions for copyright infringement to be on the safe side. If you have any concerns, you should think about speaking with a lawyer or responding to the letter to clarify the situation or for copyright infringement remedies.

Suggested Read – A guide on International Copyright Registration