Copyright Infringement In India – What It Means And How To Take Legal Action

Introduction

In today’s digital world, your creativity can easily be copied, reused, or stolen — from songs and books to photographs, software, and online content.

That’s where copyright law protects your intellectual property.

In India, the Copyright Act, 1957, governs these rights. It gives the creator exclusive ownership to reproduce, publish, and distribute their work.

If anyone uses your work without permission, it is called copyright infringement, and you can take strong civil and criminal legal action.

What Is Copyright Infringement?

Copyright infringement happens when someone uses, copies, distributes, or modifies your original work without authorization or beyond the scope of a license.

Examples include:

• Copying articles, photos, or blogs without credit.

• Uploading films, songs, or books on the internet illegally.

• Selling pirated software or CDs.

• Using someone’s artwork or logo in advertising without permission.

• Reposting videos or reels without consent.

Even partial copying can amount to infringement if it affects your creative expression.

Relevant Law: The Copyright Act, 1957

The law protects original literary, artistic, musical, dramatic, and cinematographic works.

Important sections related to infringement:

• Section 51: Acts constituting infringement.

• Section 55: Civil remedies (injunctions and damages).

• Section 63: Criminal penalties for infringement.

• Section 64: Police power to seize infringing copies.

Supreme Court on Copyright Protection

The Supreme Court of India has clarified several aspects of copyright ownership and infringement:

1. R.G. Anand v. Delux Films (1978) 4 SCC 118

   
   

   If the theme or idea is similar but the expression is different, it is not infringement.

   Only copying the original expression, not the idea, violates copyright.

   
   

2. Eastern Book Company v. D.B. Modak (2008) 1 SCC 1

   The Court ruled that originality requires creativity and skill, not mere effort.

   Databases, judgments, or compilations may qualify for copyright only if they have creative input.

   
   

3. MRF Ltd. v. Metro Tyres Ltd. (2019)

   The Court upheld injunctions against companies that copied slogans, advertisements, or creative branding.

   Even small creative expressions are protected.

Types of Copyright Infringement

• Direct Infringement: When someone directly copies or reproduces your work without consent.

• Contributory Infringement: When a person or company helps or profits from the infringement (e.g., websites hosting pirated movies).

• Secondary Infringement: When someone knowingly sells or distributes infringing copies.

Civil Remedies for Copyright Infringement

If someone violates your copyright, you can file a civil suit under Section 55 of the Copyright Act.

Here’s what you can claim:

1. Injunction (Stop the Violation Immediately)

   A court can issue an order restraining the infringer from continuing the act.

   You can get a temporary injunction even before the full case is heard.

   
   

2. Damages or Profits

   You can claim monetary compensation for your financial loss or the profits earned by the infringer.

   
   

3. Delivery and Destruction of Infringing Goods

   Courts can order all pirated copies, materials, or devices used for infringement to be seized and destroyed.

   
   

4. Declaration of Ownership

   You can request the court to officially recognize your copyright ownership.

Criminal Remedies

Under Section 63, copyright infringement is a criminal offence in India.

Punishment includes:

• Minimum 6 months imprisonment (extendable up to 3 years), and

• Fine between ₹50,000 and ₹2,00,000.

  
  

Police can also search and seize pirated goods under Section 64 with a magistrate’s warrant.

Example: Uploading or selling pirated movies or software online can lead to police action and jail.

Digital Copyright & Online Piracy

With the rise of digital content, infringement often happens on websites, YouTube, and social media.

To handle this:

• File takedown notices under the Information Technology Act and Copyright Rules, 2013.

• Platforms like YouTube, Instagram, and Meta comply with copyright strike systems under the Digital Millennium Copyright Act (DMCA) principles.

• You can also file cyber complaints with the Cyber Cell and request URL blocking of pirated content.

Step-by-Step Legal Action for Copyright Infringement

Step 1: Collect Evidence

Take screenshots, download infringing copies, and save URLs or publication dates as proof.

Step 2: Send a Legal Notice

Send a cease-and-desist notice to the infringer demanding removal of content and compensation.

Step 3: File a Civil Suit

Approach the District Court or High Court (Commercial Division) for an injunction and damages.

Step 4: File Police Complaint

If it’s a criminal offence (large-scale piracy or willful copying), file an FIR under Section 63 with the local police or cyber cell.

Step 5: Claim Compensation

Once infringement is proved, the court can award damages and costs.

Preventive Measures for Creators

• Register your work with the Copyright Office, New Delhi.

• Use watermarks, digital signatures, and licensing agreements.

• Mention copyright notices on your work (© Name, Year).

• Use Creative Commons licenses for controlled sharing.

• Regularly monitor online platforms for unauthorised use.

  
  

Client Tip: When You’re Accused of Infringement

If you receive a notice or lawsuit:

• Don’t ignore it — consult a copyright lawyer immediately.

• Check if your use falls under fair dealing exceptions (Section 52) like education, news reporting, or review.

• You may negotiate a license or settlement to avoid litigation.

Conclusion

The Indian Copyright Act offers strong legal protection to authors, artists, filmmakers, designers, and digital creators.

The Supreme Court’s clear stance is that creative expression deserves respect and misuse invites legal punishment.

If your content, design, or creative work has been copied, you can take swift legal action — civil, criminal, or both.

With the right lawyer and evidence, courts can grant injunctions, compensation, and punishment to infringers.

Need Help?

Contact Lead India Law for expert legal support in filing copyright infringement notices, civil suits, or digital takedown requests. You can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice can be obtained online, and you can also ask questions to the experts through Lead India.

FAQs

1. What is copyright infringement?

   Its unauthorized use, copying, or distribution of your original work without permission.

2. Is copyright registration mandatory?

   Not compulsory, but registration provides strong proof in court.

3. What is the punishment for copyright infringement in India?

   Minimum 6 months jail and fine up to ₹2 lakh, under Section 63 of the Copyright Act.

4. Can I take action if my YouTube video is copied?

   Yes. File a takedown under DMCA and a legal notice under the Copyright Act.

5. What are my remedies for copyright violation?

   Injunction, compensation, delivery of infringing goods, and criminal prosecution.

   
   

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