Remedies for Copyright Infringement
1. Civil Remedies (Section 55)
The copyright owner or exclusive licensee can initiate civil proceedings against the infringer.
Types of Remedies:
1.
Injunction:
A legal order issued by the court to stop the infringer from continuing their infringing activities.
This prevents further unauthorized reproduction, distribution, or use of copyrighted material.
2.
Damages or Account of Profits:
Damages: The copyright owner can claim monetary compensation for the financial losses caused due to the infringement.
Account of Profits: Alternatively, the copyright owner can demand the profits earned by the infringer through the unauthorized use of the
work.
3.
Delivery of Infringing Copies and Plates:
The court may order that all infringing copies and tools (such as printing plates) used to create them be handed over to the copyright
owner for destruction or disposal.
Exceptions for Innocent Infringement:
If the infringer can prove they were unaware and had no reasonable grounds to believe that the work was copyrighted:
1. Reduction in Damages: The court may reduce the amount of damages awarded.
2. No Order for Delivery: The court may decide not to order the destruction of infringing copies if the infringement was unintentional.
2. Protection of Separate Rights (Section 56)
When the copyright in a work is divided among multiple owners (e.g., one owns the reproduction rights, another owns the broadcasting
rights), each owner can enforce their rights independently.
The owner of one right can file a case without involving the other owners.
3. Special Moral Rights of Authors (Section 57)
These rights are granted to the author of a work, even if the copyright itself is transferred to another party.
Moral Rights Include:
1.
Right of Paternity (Attribution):
The author has the right to be recognized and credited as the creator of their work.
This right exists even if the copyright has been sold or assigned to someone else, like a publisher or producer.
2.
Right to Integrity:
The author can object to any distortion, mutilation, or modification of their work that harms their honor or reputation.
This protects the personal and reputational interests of the author.
3.
Posthumous Protection:
After the author’s death, their legal representatives can enforce these rights to protect the author’s honor and reputation.
These rights cannot be transferred, waived, or assigned to anyone else.
4. Rights Against Possession of Infringing Copies (Section 58)
The copyright owner can take legal action against individuals or entities possessing or dealing with infringing copies, provided they:
Knew or had reason to believe that the copies were infringing.
Relief Available:
1. Seizure of Infringing Copies:
The court can order confiscation of all unauthorized copies from the infringer.
2. Injunction and Damages:
An injunction may be granted to stop further sale or distribution of infringing copies.
The copyright owner can also claim damages for losses caused by the infringement.
5. Restriction on Remedies for Architectural Works (Section 59)
This section applies to works of architecture, such as buildings or monuments.
Key Provisions:
1.
No Destruction or Alteration:
The court cannot order the destruction, demolition, or alteration of an infringing building, even if it violates copyright.
2.
Other Remedies Allowed:
Injunction: Preventing further reproduction or copying of the architectural design.
Damages or Account of Profits: The copyright owner can claim monetary compensation or demand profits earned through the
unauthorized use of their design.
3.
Scope:
This provision applies only to permanent structures like houses, commercial buildings, or public monuments.
It recognizes the practical difficulties of demolishing an infringing building after it has been completed.
6. Protection Against Groundless Legal Threats (Section 60)
If someone is wrongfully accused of copyright infringement without valid grounds, they can take legal action against the person making the
baseless threat.
Relief Available to the Threatened Party:
1.
Declaration of Non-Infringement:
The court can declare that the accused person’s actions do not constitute infringement.
2.
Injunction Against Further Threats:
The court can restrain the copyright holder from issuing further baseless legal threats.
3.
Damages:
The threatened party can claim compensation for any harm or losses caused by the unjustified threat.
Exceptions:
The provision does not apply if the threat was issued in good faith or with reasonable belief that infringement had occurred.
7. Involvement of the Copyright Owner in Proceedings (Section 61)
When a case is filed by an exclusive licensee, the copyright owner must be included as a party to the case.
If the court rules in favor of the exclusive licensee, the copyright owner cannot file a separate case for the same cause of action.
8. Jurisdiction of Courts (Section 62)
Cases of copyright infringement must be filed in the district court with jurisdiction.
The plaintiff can choose a district court where they reside, work, or conduct business, even if the infringing activity occurred elsewhere.
