Unit 3 Ipr Remedies For Copyright Infringement

Remedies for Copyright Infringement in India
This paper looks at the different remedies a person has for copyright infringement in India. There are three types of
remedies a person can get for copyright infringement in India – civil remedies, criminal remedies and administrative
remedies. This paper will be analysing each of them in detail.
Types of Copyright Infringements

Copyright infringement has become a serious issue in the modern world. Infringement occurs when a person
intentionally or unintentionally copies the work of another creator. Infringement is usually classified into two
categories – primary infringement and secondary infringement.
Rights of Copyright Owners
 It is important to first understand the rights held by a copyright owner before tackling the remedies for
infringement. Authorized copyright owners have the righPublish the work
 Perform the work in public 2- Produce the work in a material form 3- Produce, reproduce, perform or
publish any translation of the work 4- Make any adaptation of the work 5-Communicate the work
through broadcast, radio or cable:
Civil Remedies for Copyright Infringement
The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957. The
different civil remedies available are:
1) Interlocutory Injunctions
The most important remedy is the grant of an interlocutory injunction. In most case the application filled is for
interlocutory relief and the matter rarely goes beyond the interlocutory stage. There are three requirements for there
to be a grant of interlocutory injunction – Firstly, a prima facie case. Secondly, there needs to be a balance of
convenience. Finally, there needs to be an irreparable injury.
2) Pecuniary Remedies
Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright Act of 1957. First,
an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful
conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the
infringement. Third, conversion damages which are assessed according to the value of the article.
3) Anton Pillar Orders

The Anton pillar order gets its name from the holding in Anton Pillar AG V. Manufacturing Processes. The following
elements are present in an Anton Pillar Order – First, an injunction restraining the defendant from destroying or
infringing goods. Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and take
goods in their safe custody. Third, an order that the defendant be directed to disclose the names and addresses of
suppliers and consumers.
4) Mareva Injunction
The Mareva injunction comes into play when the court believes that the defendant is trying to delay or obstruct the
execution of any decree being passed against him. The court has the power to direct him to place whole or any part of
his property under the court’s disposal as may be sufficient to satisfy the decree. This is provided in Order XXXVIII,
Rule 5 of The Civil Procedure Code, 1908
Criminal Remedies - Under the Copyright Act, 1957 the following remedies are provided for
infringement:
 Imprisonment up to 3 years but, not less than 6 months 2- Fine which may not be less than 50,000 but, may extend
up to 2,00,000 3- Search and seizure of infringing goods 4- Delivery of infringing goods to the copyright owner
= Fair Dealing under Copyright Law in India =
The defence of fair dealing is an integral part of copyright law. The fair dealing defence allowed
certain usage of literary works which, would have otherwise been an infringement of copyrights .
2. Copyright in dramatics Section 2 (h) Dramatics includes within itself dance, mime covering screenplays,
ballets, operas etc. Copyright in the field of dramatic safeguards the creators, composers, choreographers,
dramatists, poets, author and other from replication of their work
The different types of published and unpublished work may be submitted for registration including pantomimes,
treatments, plays, choreography and scripts prepared for radio, cinema and television. They may be with music or
without music.
Usually, dramatic scripts are intended to be performed including spoken text, plot and direction of action etc. It
however needs to be understood that all dramatic work cannot get a copyright. A few dramatic works are exception
to it namely: Title or series of a programmed. Copyright protects dramatic expressions of a creator but not the
general idea of a work. iii. Present work/ script can only be given copyright and not the future scripts/ works.
In order to get the copyright of a dramatic work, a copy of: i. Manuscript ii. Printed copy iii. Film recording iv. Video
recording v. Phonorecord Are treated as a physical script. The registration of the work gets effect on the day when all
the above-mentioned material is submitted in the Copyright Office in the prescribed format.
1. Copyright in Literary work Section 2(o) Literary works are protected by copyright as they are
present in physical form. Literary works include books, magazines, newspapers, journals, anthologies,
novels, computer software and programmers, letters, e-mails, poetry, lyrics of songs, tables and
compilations. Literary works are not only confined to the above-mentioned things but also abstracts,
encyclopedia entries, dictionary meanings and individual poems are protected within the shield of
copyright laws.
Duration of Copyright In case of a copyright pertaining to literary work both published and
unpublished the creator/ author owns the copyright, which extends to his lifetime plus 60 years after his
death. Ownership The author or the creator of a work is generally regarded as an owner of a work in case of
literary works
: Originality Under Copyright Law
“The sine qua non of copyright is originality.” Originality is a precondition to copyright

protection. If the work of a person is not original but a mere copy of someone else original
work then copyright protection cannot be granted to such a person. Thus, for a work to be
original it is important that it should not have been copied from another work. Protection of
copyright in a work is necessary for the purpose of protecting a person's creative expression
and to encourage creative expression. Copyright protection should be a form of reward for a
person seeking protection of his original work. For a work to be protected under the
copyright law, it is imperative to ensure that such is an original work and is not copied from
any other work of any other person. Such a right is granted in relation to original works
since one has the right of protection over the work completed through one`s own efforts. It
is important to note that with regard to R.G. Anand v. Delux Films & Others on 18 August
1978 SC 1613 there can be no copyright in an idea or subject matter but only in the
arrangement and expression of such idea. It is not even necessary that the work involve
novel expression of a thought. All that is required for originality of expression is that the
expression should not be copied from another work. Thus, the work should be composed by
the author independently
Sweat of the Brow
Test This test was originally propounded in University London Press v. University Tutorial
Press, which conferred copyrights on work merely because time, energy, skill and Labour
were expended (i.e., originality of skill and Labour). The Privy Council had approved this
principle in the case of Macmillan & Company Ltd. v. Cooper, wherein it was held that the
product of the Labour, skill and capital of one man which must not be appropriated by
another. This approach developed in U.K. and had been followed by the Indian Courts
before the test of ‘modicum of creativity’ came into scene. The approach of the courts as
above is often referred to as the “sweat of the brow” doctrine where more importance is
given as to how much Labour and diligence it took to create a work, rather than how
original a work. This approach was observed in the case of Burlington Home Shopping v
Rajnish Chibber
Modicum of Creativity
According to this test, for a work to be original and copyrightable, it should contain a
‘minimal degree of creativity’. Earlier the Courts in India followed the ‘sweat of the brow’
test, however the approach of the Court changed after the introduction of modicum of
creativity test. The focus of this approach was on the creativity rendered to the work of a
person for it to be considered original. Eventually, the need of balancing the efforts and
creative element in a work was realized for it to be rendered as original.
Definition of copyright in black law dictionary: The expression of copyright is the right in
literary property as recognize and sanctioned by positive law. An intangible, incorporeal
right granted to the author or the originator of certain literary or artistic production
whereby he is invested for a specific period with the sole and exclusive privilege of
multiplying copies of the same and stablishing and selling them.

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Remedies for Copyright Infringement in India

Types of Copyright Infringements

Rights of Copyright Owners

3) Anton Pillar Orders

“The sine qua non of copyright is originality.” Originality is a precondition to copyright

Sweat of the Brow

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